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2006-05-01 MTG16 REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 86 REGULAR TOWN BOARD MEETING MTG#16 ST MAY 1, 2006 RES#225-250 7:00 P.M. LL#5 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH BOARD MEMBERS ABSENT COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC PUBLIC HEARINGS PUBLIC HEARING – AUTHORIZING/NOT AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT FOR DAVID WILCOX AND VICTORIA ZELDIN OPENED NOTICE SHOWN PUBLICATION DATE: April 21, 2006 SUPERVISOR STEC-We set this public hearing at our last Regular Town Board Meeting. These property owners their home was severely damaged on 26 Forest Road, in Queensbury in the wind storm that we had a few months back. In the meantime while they repair, rebuild they have asked permission here to locate a mobile home outside of a mobile home court, which we do all the time. This would allow them to have a mobile home there while they prepare their existing structure and then the mobile home will go away. With that, the public hearing is opened if the applicant wants to make any comments or any members of the public that would like to make any comments. I would ask you to raise your hand I will call on people. We will ask you to come to the microphone state your name and address for the record. These microphones not only amplify, but they do record for the purpose of the record. MR. DAVID WILCOX-As you summarized we did lose our camp. We are requesting permission to have a camper on our property as you had suggested last meeting through the end of 2007, at which point in time we would expect to be able to move into another building. SUPERVISOR STEC-I think as we mentioned you may in fact be done before then, but as a buffer… MR. WILCOX-That’s correct. We would plan to use it seasonally as the camp that was destroyed was used. COUNCILMAN STROUGH-I understand you may use it for two summers. MR. WILCOX-The expectation is that we had no expectation of needing to build so we don’t expect to be able to get enough of a building designed and so forth get a contractor and everything this summer in order to get building done. So we would like to have permission to use it next summer as well. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 87 COUNCILMAN STROUGH-Just weekends. MR. WILCOX-Its weekends, two-week vacations. We both still work so it is not like we are going to be there all summer every day. COUNCILMAN STROUGH-With you and the immediate family or how many? MR. WILCOX-Yes. There are two of us and our two cute little dogs. COUNCILMAN STROUGH-Two dogs. MR. WILCOX-Yes. An occasional weekend visitor its going to be small so there isn’t going to be a lot of visitors. COUNCILMAN STROUGH-You are hooking up to your current septic system. MR. WILCOX-We have our current septic system we are able to hook up to that. COUNCILMAN STROUGH-Will that need an inspection to hook up? MR. WILCOX-I was told by the building people that it wouldn’t need it when I asked. COUNCILMAN BOOR-I think because the location isn’t changing. SUPERVISOR STEC-I was going to say that I guess that it wouldn’t be. MR. WILCOX-That’s what Mr. Hatin told me when I asked him. COUNCILMAN STROUGH-Do you expect to have a lot of visitors during the summer. MR. WILCOX-No more than we normally do. We try to keep people away so we can relax as opposed to having people. There is only one bedroom so we are not going to have overnight guests. COUNCILMAN STROUGH-Have you checked with your neighbors. MR. WILCOX-We have a couple of letters from neighbors that the Town Clerk has. COUNCILMAN STROUGH-Okay, thank you. SUPERVISOR STEC-Any other questions immediately for the applicant before we take any other public comment? Anybody from the audience that would like to comment from the public on this public hearing. Karen do you want to read the letters that you have. DEPUTY CLERK, O’BRIEN-Letter to Councilman Boor, dated 4/30/2006 Dear Mr. Boor: We are writing in support of the application by David Wilcox and Victoria Zeldin to place a trailer on their property while they work on rebuilding their home at 26 Forest Road that was destroyed in a winter storm. Given the circumstances of their loss, the trailer will allow David and Vicki the time they need to plan and rebuild their new home. We endorse their plans. Very truly yours, John and Mary Mc Gillin 20 Forest Road Assembly Point Lake George, NY REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 88 Letter to Councilman Boor dated 5/1/2006 Dear Mr. Boor: I’m writing in support of the application by David and Victoria Zeldin to place a trailer on their property while they work on rebuilding their camp at 26 Forest Road. The camp was destroyed by trees that fell during a winter storm. Given the circumstances of their loss, the trailer will allow David and Vicki the time they need to plan and rebuild their new home. We support their plans. Sincerely, Mary Ellen Tedeschi 12 Forest Road SUPERVISOR STEC-Is there any other public comment, Mrs. Stone. JOAN STONE, 192 LAKE PARKWAY-I live around the corner from Dave and Vicki. We have opened our home to them they have been staying with us while they are doing the things they need to do to prepare the property. When they leave, we have no idea they or their two dogs have been in the house and I think that’s about as good a thing I can say about them. In addition to them being very good neighbors, they are clean, neat and there should be no problem with them having a trailer there. SUPERVISOR STEC-You can’t buy publicity like that. MRS. STONE-They paid me. SUPERVISOR STEC-Anybody else this evening, hearing none I’ll close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN BOOR-I’ll just say that for those of us that got a chance to see the pictures a couple weeks ago its pretty devastating wish you the best of luck and have a great summer. SUPERVISOR STEC-Is that a motion to authorize. COUNCILMAN BOOR-I’ll move it. SUPERVISOR STEC-Seconded by. COUNCILMAN SANFORD-I’ll second it. SUPERVISOR STEC-Any discussion, hearing none let’s go ahead and vote. RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR DAVID WILCOX AND VICTORIA ZELDIN RESOLUTION NO.: 225, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 89 WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, David Wilcox and Victoria Zeldin have filed a Town of Queensbury “Application for Placing a Mobile Home Outside of a Mobile Home Court" revocable permit to replace their seasonal camp which was recently destroyed in a windstorm, with a 1992 Sunline singlewide mobile home until a replacement seasonal camp may be rebuilt, on property located at 26 Forest Road, Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on Monday, st May 1, 2006 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to David Wilcox and Victoria Zeldin in accordance with the terms and provisions of Queensbury Town Code §113-12. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT:Mr. Brewer PUBLIC HEARING-CONTINUATION OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 10 – BAY ROAD OPENED NOTICE SHOWN PUBLICATION DATE: MARCH 24, 2006 SUPERVISOR STEC-Again, this public hearing was left opened at a past Town Board Meeting it wasn’t the last couple, I think it was back in February. We did leave it opened until we were able to assume SEQRA Lead Agency Status. All those wickets have been cleared and the Town will be able to be the SEQRA Lead Agent with that the public hearing is still opened. If any members of the public would like to ask any questions or make any comments. We do have two resolutions to consider after the public hearing tonight. One is the SEQRA Negative Declaration to consider the second one is to authorize the actual Sewer District Extension No. 10. This Sewer District Extension No. 10 is subject to thirty-day permissive referendum as the applicant is well aware. Following that, the applicant with the authorization to commence construction will be there. I know that we have some concerned and interested parties to the north in Surrey Fields that I believe there is a similar related project that is waiting to see what will happen with this project. I think once we take action tonight then it looks like that project will probably have everything it needs in place to commence as well. With that said, the public hearing is still opened if Mr. Giebink would like to address the board. MR. GIEBINK-No. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 90 SUPERVISOR STEC-Again, we conducted a public hearing before if there are any members of the public that would like to comment on this public hearing again just raise your hand and call people one at a time. JOHN SALVADOR-I believe at the first session of the public hearing you had on this project didn’t we conclude that some kind of a comprehensive study review of effects of this extension was going to undertaken I hear tonight Mr. Stec you are ready to neg dec the project. SUPERVISOR STEC-That is a true statement. I think that we are ready to neg dec the project. I’m not sure what you think we said at a previous Town Board Meeting. MR. SALVADOR-I said it. I thought I got assurance that we were going to do an extensive review of the accumulative impacts on this. SUPERVISOR STEC-I think the staff and then tonight the Town Board will continue that process and possibility complete it. MR. SALVADOR-Is that available for to review. SUPERVISOR STEC-I’m not sure I know that you are asking for John. COUNCILMAN BOOR-Do you want to be a little more specific what you want to review. MR. SALVADOR-What are the downstream impacts of this project. Are we taking care of all of the problems in the vicinity of this projects that’s what we were talking about at the last hearing. COUNCILMAN BOOR-Nothing gets taken care of until it’s hooked up and the downstream is the Glens Falls Sewage Treatment Plant. MR. SALVADOR-There is a lot happening between here and the Glens Falls Sewage Treatment Plant. COUNCILMAN BOOR-Nothing that I’m aware of except for the Cedars. MR. SALVADOR-Is that going to take care of the problems I’ve heard about here at the Town Hall, Surrey Fields. COUNCILMAN BOOR-If we hook up to it, it will. SUPERVISOR STEC-If we hook up to it. I imagine Surrey Fields is gearing up to hook up to it as well. MR. SALVADOR-Okay is this all part of the plan. COUNCILMAN BOOR-No. SUPERVISOR STEC-They are not part of the Map, Plan and Report, John. COUNCILMAN BOOR-They are outside of the district Surrey Fields is outside of the district. MR. SALVADOR-I asked specifically the last time does this beg Extension No. 11 then Extension No. 12 this is segmentation in spades that’s what it is. COUNCILMAN BOOR-It isn’t until it occurs there isn’t any segmentation at this point in time we are allowed one extension John, one extension. MR. SALVADOR-This is number ten. COUNCILMAN BOOR-We are allowed one extension out of district contract user, which I would refer to as Surrey Fields, okay. MR. SALVADOR-The district is the Quaker Road Sewer District. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 91 COUNCILMAN BOOR-Right. I’m suspecting and I’m of the belief that Surrey Fields will be an out of district user to this district extension, which ends right over here at the corner. SUPERVISOR STEC-Correct. COUNCILMAN BOOR-I don’t know of any plans to expand it beyond that. I would ask that you would elaborate if know of an extension that I’m unaware of. MR. SALVADOR-That’s what a report would do it would make a declaration that there are none. COUNCILMAN BOOR-There aren’t any. MR. SALVADOR-That has to be seen some place to support your negative declaration that’s all. COUNCILMAN BOOR-No it doesn’t. The negative declaration would be if it should be neg dec would be on the proposed extension as it exists and is mapped out in the Map, Plan and Report not what it could be if we decide to do another extension at a later date. We can’t possibly know which way another extension would go. We haven’t been asked to extend it beyond this extension. MR. SALVADOR-Part of the SEQRA review is to evaluate the events that are likely to occur as a result of this Sewer District Extension No. 10. What are the events that are likely to occur? COUNCILMAN BOOR-We are going to go through that when we do the SEQRA review and I think that will be addressed. The only one that I’m aware of at this point in time definitely is the Cedars. SUPERVISOR STEC-Surrey Fields. COUNCILMAN BOOR-No, the Cedars. SUPERVISOR STEC-You mean in the district, yes. COUNCILMAN BOOR-In the district Cedars is the only new hookup that I’m aware of. Certainly, it will be available to anybody that the line passes by if they so chose. I don’t believe they are mandated to hook into it. MR. SALVADOR-You’ve got ten extensions to a sewer districts because you have had no plan you are going to continue to have no plan. Thank you. COUNCILMAN BOOR-Actually there is a plan I don’t know if Mike Shaw is here, do you want an answer or do you just want to leave the microphone. MR. SALVADOR-Yes, I’d like an answer. COUNCILMAN BOOR-It has been proposed by Mr. Shaw that we consolidate all of the sewer districts so there is a plan out there John. We haven’t made a determination if that’s a wise thing to do or not. At this point in time, I don’t think we’re ready to make that decision, but I mean we can’t know where development is going to occur. I don’t think there is a whole lot that can occur anymore. MR. SALVADOR-The recommendation to consolidate is logical it should be easy to do if you’ve done a correct environmental…. COUNCILMAN BOOR-We are not here to talk about that tonight. SUPERVISOR STEC-We are not doing that tonight. MR. SALVADOR-You offered it I didn’t. COUNCILMAN BOOR-No, you said that we haven’t done any thoughtful planning of this and I think that the board is in the process of doing just that. As far as this particular extension, certainly REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 92 some of us have had some issue related to this extension, but not the extension itself. This has been on the drawing board and it was proposed I think four or five years ago when Mr. Schermerhorn first put the pump down there. You brought it up at that point in time, you know what is the district, how big is it, who it’s going to serve. Now we have put together a Map, Plan and Report and it clearly delineates who will be in this extension and who won’t be. MR. SALVADOR-How far up Bay Road does Extension No. 10 come. COUNCILMAN BOOR-Right to the Blind Rock corner. We passed a resolution about five months ago that said wherever a district is extended it will go to the furthest portion of that property line, which would be the corner of Blind Rock and Bay, which works out well for Surrey Fields, I think that’s why we did that resolution. MR. SALVADOR-Thank you. SUPERVISOR STEC-Any other members of the public that would like to comment or ask any questions about this public hearing, any board comments or any correspondence. COUNCILMAN STROUGH-Yes, I have a few questions. I don’t know Stu might be the most th knowledgeable. I have a C.T. Male Associates letter dated March 17, 2006 that says that they are submitting and they have it attached they are submitting among other things a revised Section 12.4 th Cost Summary of the Engineer’s Report. This is a March 17 C.T. Male letter that includes a revised 12.4 Cost Summary of the Engineer’s Report. Did this get included in the most recent, th which I have the most recent Map, Plan and Report was last revised March 16, did that get included? SENIOR PLANNER, STU BAKER-I don’t know I don’t have that material in front of me. EXECUTIVE DIRECTOR, MARILYN RYBA-Sorry, I was having a little sidebar with Town Counsel for a minute. COUNCILMAN STROUGH-C.T. Male sent a revised Cost Summary a revised Section 12.4. Did that revision get included in the most recent Map, Plan and Report the Central Queensbury Quaker Road Sewer District Extension No. 10 for Bay Road. The most recent copy I have was last revised March 16, 2006. EXECUTIVE DIRECTOR, MS. RYBA-That’s what I have. COUNCILMAN STROUGH-I was just wondering did the revisions make it into that most recent addition. EXECUTIVE DIRECTOR, MS. RYBA-Revisions being the ones that are noticed on the Order Setting Public Hearing with the cost estimate is that what you are talking about. COUNCILMAN BOOR-Read the letter again John. COUNCILMAN SANFORD-What is the total is there a total cost in that letter. COUNCILMAN STROUGH-The total cost in the letter it doesn’t identify exactly what’s been changed by tally or cross out or different color. The total estimated cost project does match the one in the book $596,000. All the other figures appear to match, but I’m not so sure, okay all the figures appear to match. Let me move onto my next question. My next question is in reference to thnd an April 5, C.T. Male Memorandum Page 2, Section 4, 2 paragraph ID numbers have been revised. Now, they didn’t say, how so I don’t know if they have been revised. EXECUTIVE DIRECTOR, MS. RYBA-That is in reference to the memorandum in reference to rd comments provided by Stuart Baker, which were provided to the board on April 3, so that’s what they are referring to there, that outlines the parcel numbers. COUNCILMAN STROUGH-It says noted reference to parcels ID numbers have been revised, but were they revised in here. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 93 rd EXECUTIVE DIRECTOR, MS. RYBA-Since the letter was dated April 3 and the last revision was March 16, that is what the letter refers to and corrects. COUNCILMAN STROUGH-If you want to make that assumption then we are going to fumble on the next category. EXECUTIVE DIRECTOR, MS. RYBA-Which is. nd COUNCILMAN STROUGH-What the next category is it says on Page 13, Section 13, 2 Paragraph. Revised text error three parcels it should not read three parcels it should read the parcels. That was never change not in my addition because it still reads three parcels. If you are going to assume that everything in that letter was revised and made it to the last addition of the Map, Plan and Report I’m suggesting that maybe not everything did. EXECUTIVE DIRECTOR, MS. RYBA-Well, I would think that the memorandum letter is what is an addendum to this that’s how we viewed it. COUNCILMAN STROUGH-When we make our approval of the Bay Road Map, Plan and Report should we condition it that it does include all suggested revisions as per C.T. Male Memorandums of… COUNCILMAN SANFORD-Just before you go there we are going back to your first question on the total project costs. You said they agreed, but you had a different number than we do on page one of Section D, that I believe is the last Map, Plan and Report with the ten percent contingency I have a number of 488,505.60. May, I look at the letter that you are wondering if it is incorporated in because you used a higher number when we were just talking. TOWN COUNSEL, HAFNER-Richard as far as the amount the number that is on Schedule D if you go back to Page 12 it talks about construction design costs the first number is the total construction cost, which is the number that’s on the engineer’s estimate that’s the $488, 500. Then they added engineering, legal fees, contingencies to get total estimated project cost of 596,000. COUNCILMAN SANFORD-Okay. TOWN COUNSEL, HAFNER-So as far as why the numbers were together…. COUNCILMAN SANFORD-That explains that. COUNCILMAN BOOR-The only question, I would have is as we moved forward through this are we accepting this Map, Plan, and Report as it is written or are we accepting it with these letters as given changes to it. SUPERVISOR STEC-Can we call them addendums. I mean, I like what Marilyn said it makes sense. COUNCILMAN BOOR-But I mean it might not ever gotten in there. I just want to make sure that they get in there. SUPERVISOR STEC-I’m agreeing with Roger we should include those additional letters we should sight them tonight in whatever approval we grant. We should refer to them as addendums to that Map, Plan, and Report and treat them as though they are the Map, Plan and Report. As we go forward, there is no confusion as to which… COUNCILMAN BOOR-If somebody pulls this off the shelve six months from now. SUPERVISOR STEC-Right. I believe its there, but we need to call them addendums to the Map, Plan and Report and that should be part of the official record and that should be part of any resolution that we pass this evening. I think that will be the cleanest and Stu is nodding his head. TOWN COUNSEL, HAFNER-As far as the changes in this letter the April 5 letter that’s what we are talking about? John, April 5, 2006 C.T. Male Memo that’s what you are talking about? REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 94 th COUNCILMAN STROUGH-April 5 is one of them. TOWN COUNSEL, HAFNER-As far as that one is going… th COUNCILMAN STROUGH-March 17 is another. SUPERVISOR STEC-Also C.T. Male. th COUNCILMAN STROUGH-Also C.T. Male both C.T. Male. March 17 was to Darleen Dougher. SUPERVISOR STEC-Right, I have a copy from Jim Edwards. th COUNCILMAN STROUGH-April 5 was to Stuart Baker offering revisions. SUPERVISOR STEC-Both from Jim Edwards, C.T. Male. COUNCILMAN SANFORD-Bob you should have had the benefit of all of these because you did your review following this last submission. I guess the question should be pretty straight forward did you incorporate them or do you find them incorporated in the report or not? th TOWN COUNSEL, HAFNER-The ones on April 5 that John is talking about look like a few small changes of a typographical nature. One is to get rid of the word three before parcels to just say the parcels. The one that’s on Page 4, Section 7.0, it talks about a revised zoning statement that doesn’t affect the water use rates. COUNCILMAN STROUGH-The first one Bob it says reference to a parcel ID number has been revised I don’t know if they have been revised correctly. TOWN COUNSEL, HAFNER-Yes. COUNCILMAN STROUGH-I mean they have been revised but I don’t know if they got revised. Just any reference to that memorandum I guess would be okay, right? TOWN COUNSEL, HAFNER-I’m looking at the other one to refresh. COUNCILMAN STROUGH-Okay. th TOWN COUNSEL, HAFNER-March 17 it’s talking about adding the EAF and that they revised Section 12.4. COUNCILMAN STROUGH-The last question I have is I picked it up I’ve seen it in a couple places. This is a letter to Marilyn Ryba from C.T. Male dated April 14, 2006. The fourth item, we do expect of one acre or greater will be disturb by this project and have prepared a Stormwater Pollution Prevention Permit and will applying for coverage under the SPEDES General Permit Program. That is the applicant right although it doesn’t say that, that’s not the Town. EXECUTIVE DIRECTOR, MS. RYBA-That’s the applicant. COUNCILMAN STROUGH-I just wanted to make that clear. Thank you. SUPERVISOR STEC-Any other questions or comments from board members? Any other public comment, hearing none I will close the public hearing? PUBLIC HEARING CLOSED SUPERVISOR STEC-Is there any further Town Board discussion before we move with 1.2A. Marilyn why don’t you walk us through 1.2A as we move forward with our SEQRA determination then we will entertain a resolution when we finish. EXECUTIVE DIRECTOR, MS. RYBA-I want to make a clarification that’s what I was discussing with Town Counsel earlier. A few things one to clarify the resolution in the second REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 95 Whereas, the Town Board is duly qualified to act as lead agency and I would add accepts lead agency status. That would make it clear that all of the agencies that did receive information got that as you have referred to in the memo. The second is a Short Form EAF was submitted with this project as part of the do diligence that was requested by the Town Board in your resolution setting the public hearing I believe it was item #10. Staff prepared a Long Form EAF and that submitted as the do diligence report, but not necessarily, it wasn’t what the applicant submitted. I believe it is really up to the Town Board which form you want to go through in terms of doing SEQRA review. If you want to do the short, form or the long form and Bob you can correct me if I’ve made any misstatement. TOWN COUNSEL, HAFNER-The reason they went to the long form was to provide you with the information to show that you could make the determination on the short form. That was to give you background your preference which way you want to go. COUNCILMAN BOOR-Where noting is marked on Page 3 of 12, I’ll just use this as an example and we don’t have to dwell on it. Item 11, does project site there was a better one let’s try 14. Does the present site include scenic views known to be important…. COUNCILMAN STROUGH-Roger are you on the old one. COUNCILMAN BOOR-I’m on the one that’s already been marked. COUNCILMAN STROUGH-We got a revised one after Mike Shaw made some suggestion we got a revised one they are two different SEQRA forms I don’t know which one is more up to date. COUNCILMAN BOOR-Okay then this one is not going to be used. COUNCILMAN STROUGH-I assume I wrote old on this one. COUNCILMAN SANFORD-The Part I that you are talking about Roger is prepared by the applicant we conduct Part II. COUNCILMAN BOOR-Right. COUNCILMAN SANFORD-So if you have concerns over representations that the applicant has made. COUNCILMAN BOOR-It’s just that they are not marked that one in particular that corridor in the Comprehensive Land Use Plan it says that the scenic vistas are very important on Bay Road. It’s not the kiss of death or anything I’m just curious as to those that aren’t checked out that’s all. EXECUTIVE DIRECTOR, MS. RYBA-I think you are referring to the Part I… COUNCILMAN BOOR-Right. EXECUTIVE DIRECTOR, MS, RYBA-That the Staff completed on the Long Form EAF. COUNCILMAN BOOR-Right. COUNCILMAN STROUGH-That’s the one I’m referring to, right? EXECUTIVE DIRECTOR, MS. RYBA-And that’s the one that attached to the 1.2A resolution proposal. COUNCILMAN SANFORD-The Part I that you said who completed? EXECUTIVE DIRECTOR, MS. RYBA-Staff did it as part of their environmental do diligence the applicant submitted a Short Form EAF. SUPERVISOR STEC-They used the long form as their worksheet. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 96 COUNCILMAN SANFORD-So you took a short form that an applicant completed and then took it upon yourself to complete a long form Part I on behalf on the applicant. EXECUTIVE DIRECTOR, MS. RYBA-On behalf of the Town Board as per your resolution and I sighted that just a few minutes ago. In your Order Setting the Public Hearing for the proposed Central Queensbury Quaker Road Sewer District Extension No. 10- Bay Road, item No.10. The Town Board hereby authorizes and directs the Town of Queensbury Community Development Department to prepare a report on any environmental impacts that should be considered at the time of SEQRA review is conducted. As was noted in several correspondences to the Town Board we did this as our do diligence. COUNCILMAN SANFORD-Yes and that is the report. That’s not necessarily the same thing as completing the Part I on behalf of the project sponsor. SUPERVISOR STEC-Correct. EXECUTIVE DIRECTOR, MS. RYBA-Correct. We did not complete a Part I on behalf on the project sponsor. SUPERVISOR STEC-They used that as worksheet for our benefit as an internal document. COUNCILMAN SANFORD-Again, my question is a legal question and that is if we continue with the long form we don’t have an applicant completed Part I. SUPERVISOR STEC-Right, but what Marilyn is saying is…. EXECUTIVE DIRECTOR, MS. RYBA-The applicant did complete a Short Form EAF, Part I. COUNCILMAN BOOR-But, we don’t have it though. SUPERVISOR STEC-We should do the short form. EXECUTIVE DIRECTOR, MS. RYBA-That should have been submitted as part of your Map, Plan, and Report it was actually, the short form was submitted as part of the Map, Plan and Report. SUPERVISOR STEC-We should do the short form the applicant submitted a short form. TOWN COUNSEL, HAFNER-We expected you would do a short form. SUPERVISOR STEC-Your extra effort shows that we can do the short form the applicant has done the short form we should complete the short form. COUNCILMAN BOOR-My question was this document that I’m holding now, which is 1.2A 5/1/06 was filled out by who? EXECUTIVE DIRECTOR, MS. RYBA-That was filled out by Staff as part of their do diligence environmental report. COUNCILMAN BOOR-I understand the do diligence I just want to know who filled it out that’s all. COUNCILMAN SANFORD-They filled out and I think the instructions at least and again, I’m begging the lawyers to jump in my understanding is the Part I is completed by the project sponsor end of story. The project sponsor didn’t complete Part I of the long form I think we need to consider going to the short form because we would have a mess in terms of approving a Part II on a SEQRA when we never received a Part I. SUPERVISOR STEC-I think that’s an outstanding idea that I heard myself say sixty seconds ago why don’t we do that. Bob, I have one other question and I’m not sure if it is appropriate for 1.2A or 1.2B, but that would be where should we call out and sight that the March 17 letter from REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 97 C.T. Male and the April 5 letter from C.T. Male are considered addendums to their Map, Plan and Report. I’m not sure if it’s appropriate to SEQRA or the approval of the district. TOWN COUNSEL, HAFNER-We will put in 1.2B. COUNCILMAN SANFORD-Before we do it Dan is it possible for us to have the Part I of the short form and the Short form Part II before we do so we can look through it. EXECUTIVE DIRECTOR, MS. RYBA-That was submitted as part of the Map, Plan, and Report. COUNCILMAN SANFORD-Is it in this? EXECUTIVE DIRECTOR, MS. RYBA-It was attachment that was included with that we received it with our copy. COUNCILMAN SANFORD-Mr. Hafner, I’m not sure it’s in the report. TOWN COUNSEL, HAFNER-My recollection is that they sent us the short form I’ll look through and find where it is. SUPERVISOR STEC-Richard’s point is a fair one that the 1.2A that we have the twelfth page document that’s attached to it was not the applicant’s work it was the Town’s work it should not be included as part of this resolution. It should be a separate frankly, I’m not sure, if it needed to be completed at all, but that’s a conversation for another day. We are working off a Part II that we should have the applicant’s version in front of us because that’s what we are completing. TOWN COUNSEL, HAFNER-I have it from what was sent. I don’t know where it is and what the Town Board had received. COUNCILMAN STROUGH-I’ve got all together. COUNCILMAN BOOR-Yeah, it’s very unclear. I believe the one I have is filled out by staff. EXECUTIVE DIRECTOR, MS. RYBA-I have copies… th TOWN COUNSEL, HAFNER-March 15. thth EXECUTIVE DIRECTOR, MS. RYBA-I have mine received March 20, but dated March 15 th along with the copy of the Map, Plan and Report that I received on March 20. I have a copy if you want to take a look at it I can show you mine or I will go make some. COUNCILMAN BOOR-We are probably going to need one. MR. GEIBANK-All, I want to say was the March 17 letter as stated in second paragraph submitted the short form with that letter along with the two pages in reference to Section 12.4. I did compare those pages those are in the Map, Plan and Report. COUNCILMAN STROUGH-Yeah, it does, you are right. MR. GEIBANK-That March 17 letter includes the short form and those two pages. COUNCILMAN STROUGH-The one that talks about the revision and the Cost Summary? MR. GEIBANK-Yes. COUNCILMAN STROUGH-Those have the short form. MR. GEIBANK-That has the short form and that has the two pages that are in the Map, Plan and Report. COUNCILMAN SANFORD-That’s the one we are going to reference as an amendment. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 98 SUPERVISOR STEC-Yes, an addition. Marilyn do you have a copy of that with you? EXECUTIVE DIRECTOR, MS. RYBA-Yes, I do. SUPERVISOR STEC-Can we get started please. PART II ENVIRONMENTAL ASSESSMENT FORM - SHORT FORM NO A, Does action exceed any type I threshold in 6 NYCRR, Part 617.4? B, Will action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6? NO C, Could action result in any adverse effects associated with the following: C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, NO drainage or flooding problems? C2, aesthetic, agriculture, archaeological, historic, or other natural or cultural NO resources; or community or neighborhood character? C3, Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? C4, A community's existing plans or goals as officially adopted, or a change in use NO or intensity of use of land or other natural resources? C5, Growth, subsequent development, or related activities likely to be induced by NO the proposed action? NO C6, Long term, short term, cumulative, or other effects not identified in C1-C5? C7, Other impacts (including changes in use of either quantity or type of NO energy)? D. Will the project have an impact on the environmental characteristics that caused the NO establishment of a CEA? E, Is there, or is there likely to be, controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA DETERMINATION OF NON- SIGNIFICANCE REGARDING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 10 – BAY ROAD RESOLUTION NO.: 226, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road, and REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 99 WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead agency status for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an unlisted action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Full Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Full Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES : None ABSENT:Mr. Brewer RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 10 – BAY ROAD RESOLUTION NO. 227, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 100 WHEREAS, the Queensbury Town Board wishes to establish an extension to the Central Queensbury Quaker Road Sewer District to be known as Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road, and WHEREAS, a Map, Plan and Report has been prepared by C. T. Male Associates, P.C., engineers licensed by the State of New York, which Map, Plan and Report was amended as to corrections as detailed in letters from C. T. Male Associates, P. C., to Darleen Dougher dated March thth 17, 2006 and a Memorandum from C. T. Male Associates, P. C., to Stuart Baker dated April 9, 2006 regarding the proposed Sewer District Extension to be installed along the western side of Bay Road, from Walker Lane to Blind Rock Road, a length of approximately .95 miles to include The Cedars Senior Living Community and any professional office development that complies with current zoning on the following tax map parcels: 289.19-1-15; 296.7-1-15.1; 296.7-1-15.2; 289.19-1-23 289.19-1-24 289.19-1-25 289.19-1-26 289.19-1-27 289.19-1-28 289.19-1-29 289.19-1-30 289.19-1-31 289.19-1-32 289.19-1-33 289.19-1-34 as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report was filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and th WHEREAS, on March 20, 2006 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 101 that all costs of the improvements will be paid for by the Developer and not the Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law; and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, public hearings on the proposed Sewer District Extension were duly held on rdst April 3 and May 1, 2006 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the Extension with the Central Queensbury Quaker Road Sewer District in accordance with Town Law §206A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1.Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the District Extension are benefited; 3.All property and property owners benefited are included within the limits of the District Extension; REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 102 4.It is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 5.In accordance with New York State Town Law §206A, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Central Queensbury Quaker Road Sewer District Extension No.: 10 – Bay Road in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 1.The obtaining of any necessary permits or approvals from the New York State Department of Health; 2.The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3.Permissive referendum in the manner provided in New York State Town Law Article 7; and 4.The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 103 NOES : None ABSENT:Mr. Brewer DISCUSSION HELD BEFORE VOTE SUPERVISOR STEC-Bob do you have language that you want to read. TOWN COUNSEL, HAFNER-Sure. In the second whereas in the second line after State of New York where its defining Map, Plan and Report we are going to add, which Map, Plan and Report was amended as to corrections as detailed in the letter from C.T. Male to Darleen Dougher dated March 17, 2006 and Memorandum from C.T. Male to Stuart Baker dated April 5, 2006. SUPERVISOR STEC-I’ll entertain a motion. Introduced by Councilman Strough. I’ll second it is there any discussion. COUNCILMAN BOOR-There is no chance that these parcel numbers aren’t correct. I only ask that because there was a question as to some parcel numbers earlier. I don’t know if we off the old Map, Plan and Report. SUPERVISOR STEC-Stuart Baker for the record is nodding his head in agreement with Councilman Boor. PUBLIC HEARING – LOCAL LAW – TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED “DESIGNATION OF REQUIRED COUNTERSIGNATURE ON TOWN CHECKS” OPENED NOTICE SHOWN PUBLICATION DATE: APRIL 21, 2006 SUPERVISOR STEC-This public hearing right now the Town has currently set up there are countersignatures mine is required then the Deputy Supervisor was the only other authorized person to countersign checks. This would create a Local Law that would authorize any Town Board member to countersign checks. With that said are there any members of the public that would like to comment or ask any questions about this public hearing, which I will now declare open. Do we have any correspondence on this one? DEPUTY CLERK O’BRIEN-No. SUPERVISOR STEC-Is there any other comment is that Mr. Tucker that wants to comment. PLINEY TUCKER-These checks that are signed by you, which makes them legal is backed up by a voucher is it not. SUPERVISOR STEC-Yes. MR. TUCKER-What you had a problem with getting checks signed to pay bills. SUPERVISOR STEC-We did in addition to that looking forward in the future and actually in fairness to everybody. Jennifer had suggested back around the beginning of the year that we might want to consider this route to authorize additional counter signers in case I’m on vacation, which I will be in May for a couple of weeks. COUNCILMAN BOOR-This resolution won’t take care of that if you want to change it we can because it will not take care of that. BUDGET OFFICER, SWITZER-Tim as Deputy would be acting as the Supervisor and this will take care of that. SUPERVISOR STEC-Tim as Deputy would sign as Supervisor he needs to sign as Supervisor so he can’t countersign his own signature. Going forward there could be other instances where we would REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 104 want to have the flexibility of having an additional signatory. It’s not a problem, but we’ve been countersigning checks here for two and a half years now. We haven’t had a problem we have had one problem before and I am anticipating the need for somebody else to be able to sign checks here in the very near future. MR. TUCKER-The safeguard is that there is a voucher with everything that takes place. SUPERVISOR STEC-Independent audits all those other checks are still in place. MR. TUCKER-Thank you. SUPERVISOR STEC-You are welcome. Any other comment on this public hearing. Hearing none, I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 5, OF 2006 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED "DESIGNATION OF REQUIRED COUNTERSIGNATURE ON TOWN CHECKS" RESOLUTION NO. 228, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 5, of 2006 to amend the Queensbury Town Code by adding a new Chapter entitled "Designation of Required Countersignature on Town Checks” to require a countersignature on all Town checks signed by the Town Supervisor and to facilitate obtaining both signatures in an efficient and timely manner, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local st Law on Monday, May 1, 2006 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5, of 2006 entitled, "Designation of Required Countersignature on Town Checks” as presented at this meeting, and REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 105 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : Nones ABSENT:Mr. Brewer LOCAL LAW NO.: 5, OF 2006 A LOCAL LAW TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER ENTITLED “DESIGNATION OF REQUIRED COUNTERSIGNATURE ON TOWN CHECKS” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Authority The Town Board wishes to require a countersignature on all Town checks signed by the Town Supervisor and to facilitate obtaining both signatures in an efficient and timely manner. Therefore, the Queensbury Town Code is hereby amended by adding a new Chapter entitled “Designation of Required Countersignature on Town Checks.” This Local Law is adopted in accordance with Municipal Home Rule Law §10. Section 2. Required Countersignature All Town checks signed by the Town Supervisor shall be countersigned by any other member of the Town Board. Section 3.Repealer All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. Section 4. Severability If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. Section 5. Effective Date REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 106 This Local Law shall take effect upon filing in the office of the New York Secretary of State as provided in §27 of the Municipal Home Rule Law. CORRESPONDENCE NONE INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Questioned if all the employees of the Town had to sign some kind of a voucher? SUPERVISOR STEC-Correct. BUDGET OFFICER, SWITZER-It wasn’t a voucher. COUNCILMAN BOOR-They are not required to sign anything. COUNCILMAN SANFORD-It’s a Zero Tolerance Policy. SUPERVISOR-They were all asked to sign it. MR. TUCKER-They asked the Union and the Union said they had to sign it. COUNCILMAN BOOR-Has not seen the actual form that was signed believes it is a little different from the resolution that the Town Board passed, but I’m not positive. BUDGET OFFICER, SWITZER-A copy of that went to all of the Town Board members. COUNCILMAN BOOR-I believe it is different than the resolution isn’t it. BUDGET OFFICER, SWITZER-I believe it’s the exact same language. MR. TUCKER-Does everybody that works for the Town sign it? SUPERVISOR STEC-That was my understanding what the Town Board intention was. I have signed it and Tim Brewer has signed it. MR. TUCKER-Anyone who is employed by the Town? SUPERVISOR STEC-Anyone that gets a W2 from the Town is my understanding should be signing it. MR. TUCKER-Questioned who is going to be in charge to see that it works this way. SUPERVISOR STEC-You cannot make somebody sign it. It does not mean it is not applicable it would still be applicable they are still all subject to it. For purposes of dotting i’s and crossing the t’s especially when dealing employee discipline especially dealing with the labor union we ask its common practice not only here at the Town, but in any other place that has a large numbers of employees to ask them to sign it so it can be part of their record. If they violate it in the future not only can you ask them did you know about it, but you can say, of course, you knew about it you signed it and every employee has been asked to sign it. MR. TUCKER-They don’t have to if they don’t want to. SUPERVISOR STEC-They are not going to get fired if they don’t. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 107 MR. TUCKER-Asked Supervisor Stec to tell them that. SUPERVISOR STEC-I think their union leadership has told them that. th JOHN SALVADOR-Spoke to the board regarding a Town Board Meeting of March 27, where he spoke briefly about a renovation and addition project in this Town, Ward One, in the Adirondack Park, Lake George Park Commission critical environmental area. On the shores of Lake George fronting on a Town Road, which was dedicated by a subdivder and accepting by Town property in 1996 without the benefit of a Town Board resolution. It does not meet the subdivision access standards of a dedicated Town road, which Town dead-end road is only sixteen feet wide and has yet to be improved at a cost to the benefactors of that road to meet the minimum Town road access requirements. Spoke regarding the renovation questioning how little of the old is required to remain to be renovated and added too and still not be considered new construction noting he has filed a th complaint with the Zoning Administrator on April 4, to this date has not received an answer. (Presented pictures to board members) PRIVILEGE OF THE FLOOR CLOSED TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH-Spoke to the board regarding a letter from National Grid to the Supervisor implementing a new electivity policy structure for 750 large commercial industrial customers a pricing structure that has been available. SUPERVISOR STEC-Believes it will become available in October. In particular, there is an opportunity for the Water Plant. It encourages the off peak usage and in certain times of year it doesn’t matter if we are making water during the day or the night we might see an electirical savings at the Water Plant if we made water at night. COUNCILMAN STROUGH-Asked if they could use this anywhere else in the Town. BUDGET OFFICER, SWITZER-New York State Electric and Gas is our supplier and not Niagara Mohawk. It would be contacting them to see if we could get the same. COUNCILMAN STROUGH-We would have to do a price comparison. BUDGET OFFICER SWITZER-Correct. COUNCILMAN STROUGH-Asked if they decided to go ahead with Computal Consultants to look over the cable franchise fees? BUDGET OFFICER, SWITZER-We did. There was some concern over some of the language we sent them an addendum to their contract waiting to get it back from him. COUNCILMAN STROUGH-Noted the Water Department would be carrying out water main and hydrant flushing beginning Monday, May 1, 2006. It will continue for approximately four weeks Monday through Friday between the hours of 8:00 a.m. to 4:00 p.m. Spoke to the board regarding the passing away of Jack Irion, who for twenty-one years was the beloved and well-respected Superintendent of Schools for Queensbury. I for one will miss him along with many others. Spoke to the board regarding the Queensbury Senior Citizens monthly Newsletter activities. COUNCILMAN SANFORD-Spoke to the board noting he is pleased they were able to reach an agreement on the Bay Meadows Project noting they will be addressing this when they get to resolutions. The Michaels Group and Mr. Allen have withdrawn the project. I am looking forward to working further as well as the rest of the board with Mr. Allen in hopes of finding a solution to keeping the space green space in a way that will benefit both him and the Town. I think we had a pleasant outcome to a difficult situation I am very pleased with that outcome. COUNCILMAN BOOR-Spoke to the board regarding the fire last occurred in Lake George on Saturday noting it was an unbelievable thing to watch. We had three of the Queensbury Fire Departments there. We as a Town Board and rightfully so are very tough on the budgets of these fire companies, but when you see something of this magnitude when you see the apparatus being REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 108 used at it fullest capacity, when you see literally thousands and thousands of gallons going on per minute on a fire and it takes two and a half hours to knock it down, I think you have an appreciation for what these volunteers do for this Town. I was very impressed with the organization the professionalism, and the shear magnitude of this blaze. My hats off to all the fire departments involved they did a great job. I think we made a wise move with Central with the tower truck. Without a tower truck, it is a certainty that this fire would have spread who knows to how many buildings. Spoke to the board regarding Dave Decker noting that on Wednesday 2:00 p.m they will be meeting with Mr. Decker. Dave has new information relative to wastewater management districts requirements. The possibility of grant money availability and the different ways we can approach some of the problematic areas we have along the lake certainly Rockhurst is one of the ones that I would like to address. SUPERVISOR STEC-Spoke to the board regarding the County Sewer Committee Meetings this has been brought up off and on as far as maybe the County being able to provide some money towards the district for us in consideration for the monies that we had had earmarked for North Queensbury Sewer. I can report to you and everyone else that it has been put to very good use in Lake George, Bolton and Hague. We knew what we were doing when we as a Town Board decided to release our claim on that because we knew that it would improve the lake as a whole. We have some of our own lake issues to try to address. I agree that Rockhurst we might have a unique opportunity there to make an improvement there in a different kind of way with a septic management district or centralized neighborhood collection district. Spoke regarding the Bay Meadows SEQRA asked the Clerk read the two letters that we received into the record one from John Michaels and one from Garth Allen. They have withdrawn the application so the first resolution we have tonight is more housekeeping than anything else. It also ties up some lose ends and terminates our SEQRA Review Process. Thanked Glens Falls National Bank and TV8 for sponsoring and televising of ? Queensbury’s Regular Town Board Meetings also noted the Towns website www.queensbury.net. RESOLUTIONS RESOLUTION TERMINATING SEQRA COORDINATED REVIEW FOR BAY MEADOWS PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 229, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, an application was made for Queensbury Town Board authorization of a Planned Unit Development (PUD) at the property owned by Bay Meadows Corp. on Bay Road in the Town of Queensbury, and WHEREAS, on November 28, 2005, the Town Board acting as “Lead Agency” under the New York State Environmental Quality Review Act (SEQRA) issued a SEQRA Negative Declaration finding that the proposed PUD zoning authorization had no significant adverse environmental impacts and, therefore, did not require preparation of an Environmental Impact Statement, and WHEREAS, the Michaels Group submitted an application for Site Plan Review by the Town of Queensbury Planning Board to develop the Bay Meadows property, such application now having been withdrawn by the Michaels Group by letter dated April 27, 2006, and REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 109 WHEREAS, the Town Board has recently discovered new information relating to potential environmental impacts of subsequent development of the property, such new information relating largely to flood areas, stormwater management, stormwater runoff, pre-development groundwater levels, floodplains and soils and the prior SEQRA approval, and WHEREAS, the PUD zoning amendment and subsequent development of the property, at least as thus far proposed, constitute a SEQRA Unlisted Action and, therefore, SEQRA Coordinated Review is not required, and WHEREAS, the Town Board believes that the newly discovered information should be taken into account and considered by the Town of Queensbury Planning Board and any other agencies from which approval for any subsequent development project is required, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby terminates the SEQRA Coordinated Review which was previously undertaken and relinquishes its previously designated role as SEQRA Lead Agency for this action, and BE IT FURTHER, RESOLVED, that any future proposal to develop the Bay Meadows property shall be subject to SEQRA Uncoordinated Review undertaken by whatever agencies are Involved Agencies for any such development proposal acting independently in fulfillment of their obligations to conduct SEQRA Uncoordinated Review, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Executive Director of Community Development and/or Town Clerk to notify other potentially Involved Agencies of which the Town Board is currently aware of this Resolution terminating SEQRA Coordinated Review and such notification shall also be provided to Bay Meadows Corp. and the Michaels Group. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT :Mr. Brewer DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 110 DEPUTY CLERK O’BRIEN-Read following letters into the record. April 27, 2006 Attn: Stuart Baker Queensbury Planning Department 742 Bay Road Queensbury, NY 12804 Re: Bay Meadows PUD Dear Mr. Baker: The Michaels Group’s contractual relationship with the landowner, Bay Meadows Corp. has lapsed. Please consider our application for PUD and site plan withdrawn from further review. Thank you. John H. Michaels April 27, 2006 Richard Sanford 71 Meadow Drive Queensbury, NY 12804 Dear Richard Sanford: Based on our last Town Board meeting and all of the concerns from our neighbors and the Board, Bay Meadows Corp. would like to withdraw our present PUD application. It is my understanding that you will then make a resolution to have the Planning Board be the lead agency on any future developments we may propose. As per our phone conversation on Wednesday evening 4/26/06 I am looking forward to working with you and the Town Board to explore alternate solutions for the future use of Bay Meadows Corp., including, but not limited to, a Town Amenity, or a T.D.R. Transfer Development Rights Opportunity. I will be sending you information regarding our Land Assessment so we can address the tax situation at your earliest convenience. Thank you for your support and interest in Bay Meadows Corp. Yours truly, Bay Meadows Corp. Garth Allen cc: Community Development Department Queensbury Town Board COUNCILMAN STROUGH-Commended Councilman Sanford for his effort, listening and caring to the public and going beyond the call of duty. RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR HOVEY POND PARK IMPROVEMENTS RESOLUTION NO. 230, 2006 INTRODUCED BY: Mr. Roger Boor REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 111 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 161,2006, the Queensbury Town Board authorized the Hovey Pond Park Improvement Project and expenditures for such work, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bid documents and specifications, and WHEREAS, the Town’s Purchasing Agent published an advertisement for bids for the Hovey Pond Park Improvements consistent with specifications prepared by the Town’s Parks and Recreation Director, and th WHEREAS, on April 17, 2006, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent and Parks and Recreation Director have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Edward & Thomas O’Connor, Inc., for a total bid amount not to exceed $140,400 ($123,000 for base bid amount; $8,600 for Alt 1 Fence; and $8,800 for Alt 2 Planting), and WHEREAS, the Parks and Recreation Director has advised the Town Board that there may be times when Change Orders may become necessary for such bid award and Contract and therefore has requested that the Town Board authorize him to approve and sign certain Change Orders in a total amount not to exceed $5,000 that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Hovey Pond Park Improvements from the lowest responsible bidder, Edward & Thomas O’Connor, Inc., for a total bid amount not to exceed $140,400 ($123,000 for base bid amount; $8,600 for Alt 1 Fence; and $8,800 for Alt 2 Planting), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and Edward & Thomas O’Connor, Inc., and/or any other needed documents related to the bid award, in form acceptable to the Town Supervisor, Parks and Recreation Director, Budget Officer and Town Counsel, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 112 RESOLVED, that the Town Board further authorizes the Town Parks and Recreation Director to approve and sign Change Orders pertaining to such Agreement in the total amount not exceeding $5,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director, Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING INCREASE IN HOVEY POND PARK IMPROVEMENT PROJECT #146 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #64 RESOLUTION NO.: 231, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 for future capital projects, and WHEREAS, by Resolution No.: 102,2004, the Town Board authorized establishment of the Hovey Pond Park Improvement Project (Project) and the Hovey Pond Park Capital Project Fund #146, and WHEREAS, by Resolution No.: 161,2006, the Town Board authorized Phase II of the Project and an increase in Capital Project Fund #146, and WHEREAS, the Town’s Purchasing Agent published an advertisement for bids for Phase II th of the Project and on April 17, 2006 bids were duly received and opened, and WHEREAS, the lowest responsible bid received exceeds the original Project budget, and REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 113 WHEREAS, the Parks and Recreation Director has therefore requested an increase in the Project budget in the amount of an additional $34,380, such increase to be funded by a withdrawal from Recreation Assessment Reserve Fund No. 61, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the Hovey Pond Park Improvement Project and authorizes additional expenditures in the amount of $34,380 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Recreation Assessment Reserve Fund No. 61 in the amount of $34,380 to fund such Project, such funds to be placed into the Capital Project Fund No.: 146 and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital improvement fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations in expense accounts and increases in estimated revenues in such accounts as will be determined by the Town’s Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Hovey Pond Park Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. st Duly adopted this 1 day of May, 2006 by the following vote: REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 114 AYES :Mr. Strough, Mr.Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING HIRING OF JAMES FLANSBURG, II AS LABORER FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. 232, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the position of Laborer is currently vacant in the Town’s Parks and Recreation Department, and WHEREAS, the Town of Queensbury’s Recreation Commission and Director of Parks and Recreation posted availability for the position, reviewed resumes, interviewed interested candidates and wish to make an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the appointment of James Flansburg, II to the full-time hourly position of Laborer as set forth in the rd Town’s Agreement with CSEA, in the Town’s Parks and Recreation Department effective May 3, 2006 subject to Mr. Flansburg’s successful completion of a six month probation period, and BE IT FURTHER, RESOLVED, that Mr. Flansburg shall be paid at an hourly rate of $14.33, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT:Mr. Brewer REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 115 RESOLUTION AUTHORIZING HIRING OF JAMES ROBERT SMITH AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO. :233, 2006 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of James Robert Smith as a temporary Laborer to work for the summer in the Town’s Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements commencing in May, 2006, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid $12 per hour as set forth in Town Board Resolution No.: 595,2005 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN HIGHWAY DEPARTMENT REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 116 RESOLUTION NO. : 234, 2006 INTRODUCED BY Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Roger Boor WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the summer for the Town’s Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Chad Flint, Gregory Girard and Tyrone Bapp as temporary Laborers to work approximately 18 weeks for the Town Highway Department commencing in May, 2006, and BE IT FURTHER, RESOLVED, that such temporary employees shall be paid $12 per hour as set forth in Town Board Resolution No.: 595,2005 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr.Stec, Mr. Boor NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST 5K RACE(S) RESOLUTION NO. 235, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR : Adirondack Nautilus, Ltd. REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 117 EVENT : 5K RACE (RUN/WALK) th DATE : Saturday, May 20, 2006 - 8:30 a.m. th Saturday, August 12, 2006 – 9:00 a.m. PLACE : Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct two (2) 5K races (runs/walks) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves these races subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the races, and BE IT FURTHER, RESOLVED, that these races shall also be subject to the approval of the Warren County Superintendent of Public Works. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Strough, MR. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 236, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy on the thth Queensbury Courthouse Lawn, Glenwood Avenue, on May 20 and August 12, 2006 for the conducting of its Open House and Annual 5K Races, and REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 118 WHEREAS, Adirondack Nautilus, Ltd., has provided certificates of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, th Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 20 and th August 12, 2006, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’ Facilities Manager after each event. st Duly adopted this 1 day of May, 2006 by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT :Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON RONALD MOREHOUSE’S APPLICATION FOR PLACING A MOBILE HOME OUTSIDE OF MOBILE HOME COURT RESOLUTION NO.: 237, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Ronald Morehouse has filed an “Application for Placing a Mobile Home Outside of a Mobile Home Court" to replace his singlewide mobile home with a newer, doublewide mobile home on property located at 32 Minnesota Avenue, Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 119 RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th May 15, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Ronald Morehouse’s Application for Placing a Mobile Home Outside of a Mobile Home Court concerning property situated at 32 Minnesota Avenue, Town of Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN AND SARATOGA MUSICAL UNION FOR FUNDING OF SUMMER CONCERT AND JAZZ BAND CONCERTS RESOLUTION NO.: 238, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, the Town of Queensbury wishes to provide funding in the amount of $4,940 to the Saratoga Musical Union, which organization is providing the talent for a series of summer concert band and jazz band concerts, and WHEREAS, such events are expected to bring tourists to the Town of Queensbury, its 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 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 REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 120 WHEREAS, the Town Board wishes to provide funding for the summer concerts along with the City of Glens Falls, in the amount of $4,940, with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Saratoga Musical Union has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding of summer and jazz band concerts and the Agreement between the Town and the Saratoga Musical Union 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 $4,940 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 001-6410-4412, 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. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING AGREEMENT WITH QUEENSBURY FAMILY OF EMERGENCY SERVICES FOR PROVISION OF FUNDING FOR 2006 HUDSON VALLEY VOLUNTEER FIREMEN’S CONVENTION RESOLUTION NO.: 239, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No. 276,2005, the Queensbury Town Board entered into an Agreement with the Queensbury Family of Emergency Services organization for provision of funding in connection with the 2006 Hudson Valley Volunteer Firemen’s Convention (Convention) to be held in Queensbury, and WHEREAS, since the Town of Queensbury’s 2005 Agreement with Warren County st regarding Local Tourism Promotion and Convention Development expired on December 31, 2005 REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 121 the Town could only enter into an Agreement for 2005 for one-half (1/2) of the funds requested by the Queensbury Family of Emergency Services, and WHEREAS, the Town of Queensbury entered into a Local Tourism Promotion and Convention Development Agreement with Warren County for 2006 which Agreement provides for an additional $15,000 which could be available for this Convention, and WHEREAS, the Town Board again determines that supporting this Convention will promote the convention and local tourism thereby enhancing the local economy, and WHEREAS, the Town wishes to use occupancy tax funds received from Warren County to fund this, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Family of Emergency Services organization for provision of $15,000 in funding related to the 2006 Hudson Valley Volunteer Firemen’s Convention to be held in Queensbury substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has sufficient remaining unallocated occupancy tax funds available from Warren County. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY DECOGLEN, L.P. RESOLUTION NO.: 240, 2006 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 122 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Decoglen, L.P. (“Decoglen”), previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury in 2005 concerning the assessment on property located at 730 Glen Street, Queensbury (Tax Map No.: 302.6-1-54) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Board of the Queensbury Union Free School District has approved the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement which will result in a revised 2005 assessment as follows: Current Revised Applicable Tax Map No. Address Assessment Assessment Assessment Year 302.6-1-54 730 Glen Street $500,000 $475,000 2005 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Decoglen within sixty (60) days from the date that a Demand for Refunds is served upon the Town, and BE IT FURTHER, RESOLVED, that in accordance with Section 727 of the New York State Real Property Tax Law, the assessment on the parcel (Tax Map # 302.6-1-54) shall remain at $475,000 for the next three tax years (2006/07, 2007/08 and 2008/09) unless the Town performs a Town-wide revaluation or some other exception provided for under Section 727 becomes applicable to the assessment rolls for those tax years, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 123 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, 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. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY FIRST NIAGARA BANK RESOLUTION NO.: 241, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, First Niagara Bank (“First Niagara”), previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury in 2004 and 2005 concerning the assessments on property located at 123 Quaker Road, Queensbury (Tax Map No.: 296.19-1-2) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Board of the Queensbury Union Free School District is anticipated to approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by First Niagara for the 2004/05 and 2005/06 tax years on its parcel (Tax Map # 296.19-1-2) by fixing the assessed values for that parcel as follows: REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 124 123 Quaker Road : (Tax Map No.: 296.19-1-2) Tax Year Assessment 2004/05 $1,412,400 (unchanged) 2005/06 $1,641,100 (unchanged) 2006/07 $1,475,000 2007/08 $1,475,000 2008/09 $1,475,000 and BE IT FURTHER, RESOLVED, that no refunds shall be paid in the settlement of the pending cases, and BE IT FURTHER, RESOLVED, that the assessment on the parcel (Tax Map # 296.19-1-2) shall be remain at $1,475,000 for the next three tax years (2006/07, 2007/08 and 2008/09) even if the Town undertakes a Town-wide revaluation or update that might otherwise increase the assessment, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, 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. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY MICHAEL & HEATHER O’CONNOR RESOLUTION NO.: 242, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 125 WHEREAS, Michael and Heather O’Connor (“Petitioners”), previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury in 2005 concerning the assessment on property located at 74 Fitzgerald Road, Queensbury (Tax Map No.: 289.14-1-30.1) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Board of the Queensbury Union Free School District is anticipated to approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement, which will result in a revised 2005 assessment as follows: Current Revised Applicable Tax Map No. Address Assessment Assessment Assessment Year 289.14-1-30.1 74 Fitzgerald Road $334,500 $304,500 2005 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioners within sixty (60) days from the date that a Demand for Refunds is served upon the Town, and BE IT FURTHER, RESOLVED, that in accordance with Section 727 of the New York State Real Property Tax Law, the assessment on the parcel (Tax Map # 289.14-1-30.1) shall remain at $304,500 for the next three tax years (2006/07, 2007/08 and 2008/09) unless the Town performs a Town-wide revaluation or some other exception provided for under Section 727 becomes applicable to the assessment rolls for those tax years, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 126 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, 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. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY UJ LIMITED PARTNERSHIP RESOLUTION NO.: 243, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, UJ Limited Partnership (“Petitioner”), previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury in 2005 concerning the assessment on property located at 475 Corinth Road, Queensbury (Tax Map Nos.: 308.19-1-65 and 308.19-1-66), and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Queensbury Union Free School District is not a party to this case and is not required to approve the proposed settlement (but it nonetheless endorses the proposed settlement), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury brought by Petitioner for the 2005/06 tax year, which will result in revised assessments as follows: Current Revised Applicable REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 127 Tax Map No. Address Assessment Assessment Assessment Year 308.19-1-65 475 Corinth Road $ 23,700 $ 23,700 (unchanged) 2005 308.19-1-66 475 Corinth Road $347,600 $298,300 2005 Totals: $371,300 $322,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner within sixty (60) days from the date that a Demand for Refunds is served upon the Town, and BE IT FURTHER, RESOLVED, that in accordance with Section 727 of the New York State Real Property Tax Law, the assessments on the parcels, Tax Map # 308.19-1-65 and 308.19-1-66, shall remain at $23,700 and $298,300, respectively, for the next three tax years (2006/07, 2007/08 and 2008/09) unless the Town performs a Town-wide revaluation or some other exception provided for under Section 727 becomes applicable to the assessment rolls for those tax years, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, 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. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:Mr. Brewer RESOLUTION ADDING CLUBVIEW LANE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 244, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 128 WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Clubview Lane,” a private roadway located off Oakwood Drive, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Clubview Lane” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Clubview Lane,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY STORM WATER MANAGEMENT PROGRAM ANNUAL REPORT RESOLUTION NO.:245, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough th WHEREAS, on March 10, 2003, the New York State Department of Environmental Conservation (DEC) required a Notice of Intent (NOI) for the Town of Queensbury to comply with the United States Environmental Protection Agency (EPA) Phase II Storm Water Regulations for regulated small municipal REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 129 separate storm water sewer systems (MS4s) in order to comply with the Federal Clean Water Act, and WHEREAS, MS4s are conveyances owned by a public entity that discharge to U.S. waters and are designed to collect and convey storm water, are not a combined sewer, and are not part of a publicly owned treatment works, and a “small MS4” is an MS4 within municipalities with a population of less than 100,000, including the Town of Queensbury, and WHEREAS, the federal Census Bureau designated all or parts of the following municipalities as “urbanized areas”: the City of Glens Falls, Warren County, Washington County, Town of Fort Edward, Village of Fort Edward, Village of Hudson Falls, Town of Kingsbury, and Town of Queensbury, collectively known as the “Greater Glens Falls Urbanized Area MS4s,” and as an MS4 community, the Town of Queensbury is therefore required to comply with the EPA’s Phase II Storm Water Regulations, and WHEREAS, the NOI outlines a multi-year plan to address new requirements designed to minimize effects of uncontrolled release of storm water to "waters of the US", and WHEREAS, the Town of Queensbury applied for and received a State Pollutant Discharge Elimination Systems (SPEDES) Permit for MS4 discharge under New York State DEC General Permit No.: GP-02-02, and WHEREAS, DEC requires an annual report on progress and compliance with SPEDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4s), Permit No. GP-02-02 in the following management practice areas: ? public education ? public participation/involvement ? illicit discharge detection and elimination ? construction site stormwater runoff control ? post-construction stormwater management ? pollution prevention/good housekeeping for municipal operation and WHEREAS, the Town of Queensbury must adopt an Ordinance that is equally as protective as the NYS SPEDES regulations by January 8, 2008, and WHEREAS, a requirement of the SPEDES Permit is that the Town submit an annual st report to DEC by June 1 of each year and such annual report must be presented in a public forum, REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 130 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th May 15, 2006 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the Town of Queensbury’s Storm Water Management Program Annual Report SPEDES No.: NYR20A112, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting 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 Town Clerk, Town Supervisor and/or Executive Director of Community Development to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec NOES: None ABSENT :Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF MAY 1, 2006 RESOLUTION NO.: 246, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as thnd the Warrant with a run date of April 27, 2006 and a payment due date of May 2, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run thnd date of April 27, 2006 and payment due date of May 2, 2006 and totaling $344,609.23, and REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 131 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor NOES: None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING HIRING OF ANTHONY NAYLOR AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO. 247, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury’s Deputy Highway Superintendent wishes to fill the vacant Motor Equipment Operator (MEO) position, and WHEREAS, the Deputy Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to an appointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Anthony Naylor to the full-time Union position of Motor Equipment Operator (MEO) in the Town’s nd Highway Department effective May 2, 2006, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. Naylor’s successful completion of a pre-employment physical as required by Town Policy, any applicable Civil Service requirements and an eight (8) month probation period, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 132 RESOLVED, that Mr. Naylor shall be paid the hourly rate for the MEO position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent, Deputy Highway Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of May, 2006, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT:Mr. Brewer RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 248, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Richard Sanford RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss personnel issues, issues that relate to job responsibilities and performance issues. st Duly adopted this 1 day of May, 2006, by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough Noes: Mr. Stec Absent:Mr. Brewer RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 249, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves into Regular Session. st Duly adopted this 1 day of May, 2006, by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr.Stec Noes: None REGULAR TOWN BOARD MEETING 05-01-2006 MTG#16 133 Absent:Mr. Brewer No action taken. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 250, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. st Duly adopted this 1 day of May, 2006 by the following vote: Ayes: Mr. Sanford, Mr. Strough, Mr. Stec, Mr. Boor Noes: None Absent:Mr. Brewer On motion meeting adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury