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2006-12-18 MTG56 REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 1 TOWN BOARD MEETING MTG #56 DECEMBER 18, 2006 RES. 609-637 7:05PM TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS SENIOR PLANNER- STUART BAKER WASTEWATER DIRECTOR- MIKE SHAW PRESS TV8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN SANFORD Supervisor Stec opened meeting. PUBLIC HEARING CONTINUATION OF COMPREHENSIVE LAND USE PLAN PUBLIC HEARING FROM TOWN BOARD MEETING OF NOVEMBER 20, 2006 NOTICE SHOWN PUBLICATION DATE: OCTOBER 16, 2006 Supervisor Stec- This is a continuation of a public hearing that we held, the first one was at one of our meetings in October, and we continued it to one of our meetings in November and now we are continuing it in December. We are looking for new comments, new input on the Comprehensive Land Use Plan Draft. The Town Board has also been looking at it and sometime in the next couple of weeks we’ll be getting Stu Baker our own comments regarding the draft from our thoughts of what the public comment has been and plus some of our own thoughts. Likely, in January we will meet to go over that list and come down with a consensus of some of our own revisions and then make those changes and then conclude sometime in late January or early February the public hearing on that process. There is a lengthy process involving SEQRA and some reviews from some State Agencies that will need to take place before we can adopt. So, again we are looking for a continuation of any comment on the Comprehensive Land Use Plan. Again, we won’t be acting tonight, we will leave this public hearing open, likely make some of our own changes and then continue the public hearing in January; hopefully to highlight public comment on those changes. With that said if there is anyone that would like to comment on the continuation of this Comprehensive Land Use Plan Draft- public hearing on the Draft, I ask that you just raise your hand. Mr. Derby- thank you Mr. Derby PAUL DERBY- I reside at 86 Ash Drive, that’s on Glen Lake. I am also President of the Glen Lake Protective Association. I am here this evening representing the Glen Lake Protective Association and its 309 current members. I’m here this evening to sound the alarm; I’m here to report the quality of Glen Lake is degrading after very optimistic early 2006 reports after our 2005 lake treatment. By August of 2006 we experienced rapid re- growth of aquatic weeds and worse, unprecedented growth of Eurasian Water Milfoil, a non-native invasive plant that can devastate a lakes ecology. Our 2006 water quality and plant management study from LA Biological Incorporated that I’ve received recently REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 2 states the increased nutrient loading has spurred rapid weed growth and is degrading our water quality, and I’ve just received the recommendation for lake management for 2007 and the estimated cost of 115 to 135 thousand dollars to deal with weed and degrading water and we spend $90,000 in 2005. Our lake community can not afford these costs and this level of management, but if we don’t the ramifications could be devastating for our community. Let me just quote two lines from page 7 of the report that I just received, it says, “currently pond weed and milfoil infestations create access problems for many lakefront homeowners of equal of greater importance is the prevention of further spread of Eurasian Milfoil, which could reduce native plant diversity and leads to substantial changes in lake ecosystem as well as in land use, lake use. Maintenance of good property values also has to be a consideration. Locally dense plant infestations may affect individual property values in mid-summer if the vegetation isn’t managed. If the milfoil were to spread however, community wide property values could suffer.” In short, we can’t keep treating symptoms, and not the real causes of weed and degrading water. The cause is nutrient loading into our lake due to: 1) inadequate septic systems and 2) unmanaged storm water run-off. Therefore, I’m here tonight to ask the Town of Queensbury to write into its Comprehensive Land Use Plan mechanisms to deal with these failing septics and the unmanaged storm water run-off from roads development and businesses within our water shed. We feel the best way to deal failing septics and septic leaching is to eliminate them. We ask the Town build into the plan a system to run its sewer system around Glen Lake. This is the far the best long-term solution. Until that can be completed, we ask that a procedure be included that when a property changes ownership including within a family that the septic system be inspected and if deemed inadequate made to be repaired or replaced and brought up to current code. The current system that we have which basically says if it’s not completely failed we are not going to look at it is unacceptable. We feel that the septic leaching is the number one issue that we have. Regarding storm water run-off, we ask the Town write into its plan a program to analyze the effects of run-off from roads and properties within the watershed and the run- off from roads and properties, and it engineer and install adequate storm water management systems including catch basins, sediment traps and nutrient mitigation measures. Also, on properties if there was some way to write into the plan that we create plant buffers for lakefront owners with plants that would absorb nutrients are going into the lake. It appears that we are at a tipping point at Glen Lake, if we don’t act now it may soon be too late; it would decrease our property values which would be awful; but worse, we could lose precious, irreplaceable natural resource at Glen Lake. COUNCILMAN BOOR- If I could just take a moment, many of your comments are remarkably similar to something that was handed to me tonight by Don Sipp. Are you familiar with this? MR. DERBY- I just looked at it right when I walked in the door. COUNCILMAN BOOR- Okay, okay. Certainly for those that watch the Town Board on a regular basis it should be no surprise that I’ve been fighting this battle for a long time, mostly on Lake George, but certainly I don’t take any of these applications on Glen Lake any lighter. You are a 100% right and we need to be tougher. We have hired an engineer with the Town whose one of his primary obligations and duties is going to be is to oversee some of the issues, not only with this but what you’ve mentioned. Quite frankly, we have engineers that sit at that table that come up with incredibly false information, they misrepresent systems that are being proposed and it’s amazing that some of these people have licenses. I’m going to be working with this Board to see what we can do to more heavily scrutinize the notorious ones, and there are some that are just consistently putting before this Board reprehensible applications that a laymen could realize is really bad planning, not in the best interest of anything located in a critical environmental area, not to mention the lakes that we are fortunate enough to have here in Queensbury. I can tell you I take it very seriously and I think this Board is also going to crack down on this stuff. Make no mistake, there is a lot of pressures, a lot of people with a lot of money and a lot at stake that are going to say otherwise, but I’m not going to bow to that stuff. You’re right, we are losing great resource and it’s at the greed of others and the lack of care. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 3 MR. DERBY- I agree with you. I’m very discouraged by the recent report that I’ve read and at the very least we could when a property changes hand, to have those septics inspected and updated. From going to the … conferences and other active things that I do around lake communities, critical environmental areas, they are saying now that at least 300 feet within a lake you are getting septic leaching. COUNCILMAN BOOR- It extends beyond that, it goes to even storm water management that may originate a long ways from these lakes. I know that Councilman Sanford received a phone call today relative to an article in the paper, I don’t get the paper, but I was made aware of it. It had to do with what effect does construction have on storm water management and building whose engineer is one of these people who sits at this table often brand new building floods, its flooded every time it rains. How this got through the course of staff, Planning Board and all those other things is beyond me but it’s happening on a regular basis and it just has to stop. This particular one is not far from the Halfway Brook watershed which ultimately COUNCILMAN SANFORD- Is this on the corner of Homer and Everett? New construction is ponding on his front yard, engineer storm water report, not going to be a problem. It’s a problem. But you know, let me just interrupt you just for a minute Roger COUNCILMAN BOOR- No, I’m done actually. COUNCILMAN SANFORD- Regarding Glen Lake, to what degree does lawn fertilizers contribute to this growth of the plant life? MR. DERBY- It certainly does contribute. We ask our residents every year constantly to not use lawn fertilizers. We know that many do. COUNCILMAN SANFORD- But that’s the problem. MR. DERBY- It’s not the problem, its part of the problem. COUNCILMAN SANFORD- Well, it’s crazy. No, I’m not talking about the fertilizers, I’m talking about what you just said, you asked them to. Why in the heck don’t we have a law in this Town that prohibits fertilizers from being used? COUNCILMAN BOOR- In critical environmental areas COUNCILMAN SANFORD- I mean, a simple little step which would have an impact, a positive impact, and we don’t do it. I can’t tell you on the Planning Board how many times they would come in and they want their nice big green lawns and they had every intention of fertilizing; and then you get the rain and it runs right into the lake. It’s insane. MR. DERBY- As an association, we would be in favor of such a law. COUNCILMAN STROUGH- I know you’ve read it, and I think you liked the draft version of it but when you’ve read, I’m going to call it the 2007 Comprehensive Land Use Plan Part B, there was a discussion I put in there on Glen Lake. Would you review that and amend that and add to that appropriate things as a representative on Glen Lake Association. MR. DERBY- Yeah COUNCILMAN SANFORD- And then get back to us with your review and what you suggest to add to it. For example, landscaping buffer with natural vegetation is probably a good thing to help ease some of the arms of the run-off. A lot of your storm water run-off and both public and private and your point and non-point run-off, those issues still need to be emphasized in the Glen Lake discussion. So if you would go to that part and elaborate and add and amend and delete parts that probably don’t need to be there, I would appreciate that. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 4 MR. DERBY- I will do that and I will actually do as a Board, as an association and we’ll all sign off on it. And I have read it and I think it needs to be stronger. COUNCILMAN STROUGH- Okay MR. DERBY- In certain areas. COUNCILMAN SANFORD- Paul, one other comment, I hope that your Association would have a better appreciation, when we get the Department of Health applications in front of us, and some of them are from Glen Lake, that are represented by attorneys, engineers and everybody else, they want to add additions and expand the size of their properties. They want to put in all these new septic systems, and we sit around here and we don’t want to approve it and everybody tries to perceive is as being punitive. I hope that there is an appreciation at your Association that what we are trying to do is restrict this sewage or septic problem by not allowing the homes to be extravagantly large and be over utilized. I don’t know where your Association weighs in on this but there is a lot of people from Glen Lake that from time to time come in front of us and on very small pieces of property want to do these things. Mr. Boor, more than anybody, always ends up being a heavy, and I hope there is an appreciation for why he takes those types of positions and some of us as well. MR. DERBY- We do appreciate that and as an Association we have supported the re- zoning and the stronger measurers on the Lake. Thank you. COUNCILMAN BREWER- You mentioned in your opening statement there something about the sewer around the Lake. MR. DERBY- Yes, we would, best case scenario, we would love to have the sewer run around the Lake. I know, just going back into history of the 1977 plan had that sewer running up the bike path. COUNCILMAN BREWER- The issue is not putting a sewer in; the issue is the cost of it. I’m sure that MR. DERBY- Well it’s getting close, we have it on both sides of us now. Part of what we are trying to do is Lake Association is to create a Lake Management District. COUNCILMAN BREWER- Right. MR. DERBY- And if part of that comes to be the cost of running sewer lines, we certainly will consider that with the Town. More and more folks that I talk to we really are more and more in favor of that. It really is the best solution. COUNCILMAN BREWER- Oh, absolutely, in a perfect world it would be ideal. MR. DERBY- Those septics have been there for years and years. COUNCILMAN BREWER- But the shear expense of putting the pipe in I’m sure is going to be staggering. I just can’t imagine how much it would cost. I don’t know how many miles around the Lake it would be but MR. DERBY- It’s about a five mile lake shore. COUNCILMAN BREWER- Five mile lake shore COUNCILMAN BOOR- I think one of the advantages that we have is not afforded us on Lake George is that organization or whatever it is that doesn’t allow water to be taken out of Lake George which doesn’t affect Glen Lake, so in that respect, it is feasible if the cost is right. There is no problem sewering it. COUCILMAN STROUGH- Glen Lake is in the Lake Champlain watershed. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 5 MR. DERBY- That’s correct. COUNCILMAN BOOR- But it’s not in SUPERVISOR STEC- Roger’s referring to the Great Lakes Compact, which is ten or eleven states and three or four Canadian Providences. That’s what the original intent, you probably already know this Paul, was to prevent the Great Lakes from being used as a drinking supply for the entire South West, or a portion of the Country; but the way the law is written no water shall be moved out of the basin. Whether it is a small sewer project on East Lake George shoreline or whether it is drinking water for Las Vegas that’s what Roger is referring to, the Great Lakes Compact. But you’re not trapped in that. COUNCILMAN BREWER- Mike Shaw is here. Mike would you dare take a guess how much it would cost to run the sewer? Certainly nobody’s going to hold you to it. WASTEWATER DIRECTOR, MIKE SHAW- Good evening. That’s a very tough question to answer. COUNCILMAN BREWER- Within a million MR. SHAW- They did the discharge of it or the treatment of it is a question. Certainly the Glens Falls Treatment Plant is out of the basin. COUNCILMAN BREWER- It is. So you would have to have a MR. SHAW- It’s in Hudson River basin. That becomes an issue. What do you do with the sewage? COUNCILMAN BREWER- What about Fort Edward? MR. SHAW- Fort Edward is in Hudson River basin. So you would have to build a treatment plant. Where would it go? Would you build a treatment plant, could you send it to Lake George? That’s always a huge question if you do it that way. The cost would be pretty staggering and that gentleman may not understand but it would be a special district. COUNCILMAN BREWER- Most people would pay for it. MR. SHAW- Rockledge and generally all of the camps are a down on the water side so the sewer would be up at the main roads and every house would have to be pumped. Quite a few years ago, the water department took a look at that. An engineering report, I think it was somewhere around $1100 or $1200 per household with a twenty year bond per year. COUNCILMAN BREWER- That’s not as bad as I thought. MR. SHAW- And that was water, and water generally much cheaper COUNCILMAN BREWER- Oh, that was water. MR. SHAW- Yeah, and that with your treatment plant already being established. COUNCILMAN BREWER- Right. MR. SHAW- So, it’s hard to guess, but I wouldn’t be shocked if it was $1500 or $2000 a house. At that point to, you have to the State Comptroller’s Office and review, and that’s four or five times the States threshold. So that would be questionable if they would even allow it. COUNCILMAN STROUGH- But in theory REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 6 MR. SHAW- But the proper way to go about it if the Board wants to pursue that or anybody wants to pursue that, hire yourself an engineer and do a conceptual study. COUNCILMAN STROUGH- But for the sake of the public, your not suppose to mix waters from two watersheds and Glen Lake is in the Lake Champlain watershed MR. SHAW- Correct. COUNCILMAN STROUGH- Just south of there everything else is in the Hudson River watershed. MR. SHAW- South of there, Quaker Road area, Halfway Brook. COUNCILMAN STROUGH- But you can bring Hudson water up to Glen Lake and then with septic systems and their natural water flow, of course that water goes into the Lake Champlain watershed. But you can’t do the reverse. COUNCILMAN BREWER- That’s kind of crazy isn’t it? COUNCILMAN BOOR- Don’t go there, don’t say anymore. MR. SHAW- I think Roger’s answer is a much better answer. SUPERVISOR STEC- Thank you Mike. Is there anyone else that would like to comment this evening on this public hearing? Pliney Tucker. PLINEY TUCKER- 1991 and 1992 Mike Brandt Administration did a study I believe there is a record of it. At that time it was not economically feasible. You want to take a look at the records, it’s there. SUPERVISOR STEC- Thank you, Pliney. Anybody else this evening? Mr. Salvador JOHN SALVADOR- With regard to wastewater in Glen Lake, we have come a long way since 1977 and 1992 with regard to wastewater treatment involving exactly the situation you have on Glen Lake. Small community, resource that needs to be protected and there are innovative ways to handle the wastewater and treat it economically. It does not involve deep sewers, large diameter, pumping raw sewage halfway across the countryside for treatment. That doesn’t work anymore, nobody in this Country is doing that anymore and we shouldn’t even consider it. Now there are ways to handle wastewater partially treated on the sight, at the homeowners expense and then taking treated effluent and through either vacuum sewers or forced mains, small diameter to a central treatment facility and you can treat it to a quality that you can discharge it in that basin. No big deal, people are doing this all over the Country. Why we can’t come to that, I can’t understand. This is applicable to Glen Lake, Lake George. We just don’t want to talk about it. We just keep talking about these big diameter sewers running all over the place. That is not state of the art. Thank you. SUPERVISOR STEC- Thank you, Mr. Salvador. Is there anyone else that would like to comment again on the Comprehensive Land Use Plan public hearing? Mr. Brothers PETER BROTHERS- Good evening. SUPERVISOR STEC- Good evening. MR. BROTHERS- North Queensbury. Just wanted to comment briefly. Listening to Mr. Derby earlier, I would concur with a lot of those comments with regard to the milfoil, certainly hearing discussion with the nutrients washing down into the Lake; finding there way one way or the other. I do know of several instances, two that I have heard about, one that I know specifically because I talked to the gentleman. One is in Pilot Knob another is in Hewletts Landing another is in Hague where they had leaking septic systems and they upgraded their systems and then the milfoil was reduced significantly. I’m not going to say that it is absolutely perfect but I would say that it was significantly reduced. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 7 Certainly an emphasis should be placed on reducing nutrient loads into the Lake and that means having systems that are compliant. Now at the same time that I say that I don’t want to go around to someone’s house where they have milfoil in front of their dock and say that you folks got to upgrade your septic system, because that may not be rational, as far as why that milfoil is there. It could be the salt from the roads, the run-off, I don’t know. It’s just something to think about. As far as the broader picture, as far as development in general, comprehensive land use, I’m very concerned with regard to what is happening around the lake shore. I do have a drawing here this evening that I will share with you quickly. This is a lot on Assembly Point at 208 Lake Parkway. The person bought it last year, I believe. Maybe you could check this out later in more detail. I’m very concerned in that regard. This is clear cutting on this lot. Now since this picture was taken, it is a huge house, some would refer to it as a hotel on this lot specifically. It just is an example of what is yet to come if we don’t do something with regard to the development, specifically on the lake shore lots. I’m not here wanting to tell anyone what they can or cannot do with their property. I’ve seen perfectly legitimate proposals come before Town Board or Planning Board or Zoning Board and the people have been thrown to the wolves; and yet you get projects like this and these people walk right through without any Planning or Zoning Board. I think that that is disgusting, I really do. I think this needs more review and I wish that you would take this into consideration. Thank you. SUPERVISOR STEC- Thank you. Is there anyone else that would like to comment on the Comprehensive Land Use Plan public hearing? Again this is the third time we have taken public comment, we will be leaving the public hearing open this evening, not taking action, probably revisiting it again, and perhaps finally in January. Anybody else? Yes sir. TREVOR SCHMETTERER- 241 Clendon Brook Road in Queensbury. I spoke at the last meeting. I don’t know if I was quite as prepared. I don’t know how well prepared I am now, but I tried to write something down that hopefully would make some sense. I am a senior loan officer for Saratoga Mortgage right down on the corner of Quaker and Bay Road here in Queensbury. We’re mortgage brokers and we help people of their dreams of home ownership. We do many purchase money loans for existing homes as well as refinance loans but my primary objective tonight was to mention the construction of permanent or remodel loan products. That represents probably 50% of my business. I’ve moved a lot of my business in loans in this direction and the construction of perm. or remodel because I saw a need and I felt that the market was under served. What I’m driving at is that if there is a large shift of re-zoning in Queensbury it would not only affect me but it will affect other businesses and people economically. As I mention, my business is located here in town, I make my money here in town, I spend it here in town. Many of my customers come from the immediate vicinity as well, and they also spend there money here. A construction to permanent loan is the type of loan that advances money to the builder in stages, most typically for custom built homes. A remodeling loan works very, very much the same way. If these zoning changes are to be swiftly approved it would not only affect me economically but also my potential customer, who now cannot build on his lot or cannot buy his lot because he does not now meet the minimum lot size. The builder cannot build and the subcontractors that work for that builder cannot work for the builder, and many of these people are also buying the materials to build these homes locally. This will also affect local suppliers, which will also affect there employees and so on down the line. If zoning, the rezoning changes significantly, the builder who may have a large parcel will not be able to achieve the same number of building lots and the process that I just mentioned happens all over again. The same may happen to people who already own homes and are thinking about a remodeling project such as an addition or building a deck or some other home improvement project. If the home owners lot previously conformed to the zoning as it exists, but now after, if the zoning changes are approved maybe their lot does not conform to the zoning for lot size per se; then that home owner now may have to apply for a variance, which does not guarantee his approval but does guarantee that his home improvement project may be delayed; which in turn stalls the financing, that’s me, which also stalls the builder, the subcontractors, the suppliers and again everyone down the line economically. So as you see some of the zoning changes will have an affect on many people across the board at different levels. I just ask that these discussions and the Board has already mentioned that REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 8 this will be ongoing, that nothing happens or proceeded in haste; that they may be ongoing so that the greater good of the people locally may be served as best we possibly can. I know you can’t make everyone happy all the time, but leaving the public hearing open and having the opportunity for other people to come and speak to how it may affect, I think that in some instances some things that have been brought up already this evening that run rampant and need to be controlled and I agree with that but I think that; I mean that I’m about to acquire a parcel of property on Sherman Avenue near to where I live. I’m concerned about how the rezoning may affect that parcel, what I may want to do with it, whether build an investment property or move to that property. Right now that is 1.67 acres, if it doesn’t conform by the time I get it, I’m going through the process right now, it might affect the value of that property before I even acquire it; or what my future plans are. So there is a number of things that I think may affect people. COUNCILMAN BOOR- Trevor MR. SCHMETTERER- Yes COUNCILMAN BOOR- You raise a lot of good points and I can appreciate your concerns but having reviewed how far we are along in the zoning and the Comprehensive Land Use Plan I don’t see where any of this is necessarily the case. I can almost make an argument that this re-zoning may actually increase the value of properties, which would increase the size of the loans, which would put more money in your pocket. I think there is a lot of cases, whether its clustering, whether its conservation easements, all though they don’t diminish the number of homes they may diminish the lot size that a new home is put on, but they certainly don’t diminish the number of units being built; like anything else, supply and demand. If your suggestion is that as supply dwindles I would argue the demand goes up and therefore the price goes up; so you are going to find people borrowing a lot more money if your scenario is in fact correct. When I reviewed the plan in its entirety, I don’t see with the possible exception of what some individuals have said in the past with regards to some of the ten acre parcels in the APA, other than that I don’t see anything punitive and I don’t see anything that would indicate that the loan business is going to be affected negatively, that the material business going to suffer. As a matter of fact, I think it may actually provide a consistent growth pattern, as opposed to the types of patterns that can be very high one time where you get a lot of suppliers and then there is a recession or a diminishment in the market. Now you have too many people in the supply business, some of them go out of business, they move in and out. I think what you really want to aim for is a consistent steady, smart growth (I hate to use that phrase because it is kind of over used). I don’t really, I’m trying to be as honest as I can, I really don’t think that your business is going to be adversely affected by anything that I have read so far that has been proposed. MR. SCHMETTERER- If there is some information out there that you are aware of and that I’m not I’d certainly like to review it. I can tell you from the stand point if the lot sizes get significantly larger, if you were in a five acre zone and now it becomes a ten acre or a fifteen acre, I know specific circumstances where if there are no comparable land sales of other homes that are going to be built on a fifteen acre lot or that have sold on a fifteen acre lot. For example, in Queensbury, if I had a customer that came to me that had thirty acres and they originally planned to cut it into five acre lots but now they can’t they can only cut it in half. We are just going to make an example; they are going to cut it into two equal parcels of fifteen acres each. There are no comparable land sales in and around the Town within a reasonable distance and appraisal gets done to satisfy the bank and the value of the property. So, if someone is paying cash and they are not financing then it is easy, but if someone has to go to the bank and nearest comparable land sales from Queensbury is in Thurman, or a town like that a distance away, where there is a home sold on fifteen acres it doesn’t become a comparable. COUNCILMAN BOOR- Well, I think your issue there is with those people doing the comparables not with the fact that the zoning has changed. Sounds like the flaw there is that people who should be wise to what cost what aren’t very wise. COUNCILMAN STROUGH- Well Mr. Schmetterer, you have a particular example? REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 9 MR. SCHMETTERER- Yeah, I have a customer right here on Bay Road where I could not do the loan, because there were no comparable properties. He is actually going through a subdivision right now to put his house on a smaller lot within his larger lot; so that we could have comparable land sales in order for him to achieve the construction loan that he wants to do. I’m not saying that’s the fault of the Board, but that just happens to be a fact of life. COUNCILMAN BOOR- You understand that it would be very poor policy to set our zoning to match comparables so that somebody can build a house. MR. SCHMETTERER- I’m not suggesting that you would. Mr. Strough asked for an example and that happens to be an example that it happens to be a sixty acre parcel. There is no other house that is sold in Queensbury probably in the last three or four or maybe longer years that is on sixty acres, one home, or that would compare to the home this gentleman wants to build. I’m just using that as an example. It’s not the catch all, it doesn’t by any means, one particular deal. COUNCILMAN STROUGH- I think you would find by far and large that most of the zoning doesn’t change significantly in terms of density. It changes in terms of character but not in terms of density. MR. SCHMETTERER- I was really, I think driving my point that if someone wanted to build on something that might have been a thirty acre lot and they planned to cut it into a few other lots COUNCILMAN STROUGH- You mentioned Sherman Avenue and there is really no significant zoning changes there. MR. SCHMETTERER- Yeah, I haven’t looked at where the zoning changes may be affected that happened to have on the back burner myself. COUNCILMAN STROUGH- I know, I know, by large I don’t think your concerns for some dramatic re-zoning seemed to be more emotional than actually real. MR. SCHMETTERER- Okay, I guess everyone is entitled to their own viewpoint. COUNCILMAN STROUGH- If you can find specifics for me than bring that to our attention, otherwise I think it’s just what you are probably hearing rather than what you are seeing. MR. SCHMETTERER- That may be COUNCILMAN STROUGH- Okay MR. SCHMETTERER- Again, I know from other specific examples, I didn’t bring names and address and things like that but maybe that’s something that I should. COUNCILMAN STROUGH- I don’t think you will find too many COUNCILMAN BOOR- And actually if you have a particular parcel in mind and you need information I would ask you to go down to staff and talk to Stu and he will whip out the map that shows tentatively what the zoning is and there may be some minor changes. I think for the most part it’s fairly well established as to what we are looking at. There may be some changes as to (I don’t want to get into it) I don’t think the size of the lots is going to be an issue. MR. SCHMETTERER- I guess time will tell. Thank you. SUPERVISOR STEC- Thank you. Again is there anyone else on this public hearing? Yes sir. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 10 JEFFREY HILL- Sara Jen Drive. I attended just a couple meetings and have been very present to the builders and the people of the construction business; which I am very sympathetic to. I also just wanted to give voice maybe to the bulk of the residence in the community which I think you are very responsive to which I think their interests are lets not see the community over crowded beyond the point that its crowded today. So I just wanted to give voice to maybe the residence that say enough is enough do what you can to make sure the legacy of this (tape stopped) SUPERVISOR STEC- Is there anyone else this evening on this public hearing? Alright, I will leave the public hearing open and again we will likely, hopefully resume either at our nd January 22 meeting or perhaps our firsts meeting in February; depending on where the Town Board with making our own changes. I’d like the public to have an opportunity to comment on the Comprehensive Land Use Plan that incorporates some of the changes that we’ve been thinking about the last few months. PUBLIC HEARING LEFT OPEN 2.0 CORRESPONDENCE Supervisor’s monthly report (November) for Building and Codes and Community Development is on file in the Town Clerk’s Office. 3.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR NONE 4.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER- 41 Division Road, Queensbury In regard to the resolutions to set public hearings for the fire companies, questioned why certain fire companies were on the agenda and others were not. Supervisor Stec stated that the Board is not finished meeting with all the fire companies. Due to conflicting schedules they have yet to meet with West Glens Falls and Queensbury Central. It is expected that they will meet within the next couple of weeks. He explained that they were prepared to set a public hearing for North Queensbury Fire. They have asked for the opportunity to talk to the Board, so therefore the resolution was pulled. Questioned in regards to the connector road if it was put out to bid? Supervisor Stec- there is a resolution to reject all the bids. The Town under the advice of our consulting firm that is working with us on the connector road has suggested that they hold off and do the whole project next spring as opposed to start the project this winter and then finishing in the spring. It will be economically feasible to do it this way. There is no pressing need to try to do half now and the other half in the spring. Therefore, they are likely going to reject the bids and put the whole job out to bid later this winter for next spring. Concerning the connector road and the $200,000 the City of Glens Falls are they going to come up with that at the start of construction or do we have to be the banker for the whole project? Supervisor Stec- can’t recall how this was structured, but they are responsible for the $200,000, whatever the agreement says. Questioned the Board regarding the additional $500 needed for the building at the transfer station. Town Board stated that they will find it some way. JOHN SALVADOR- At the last meeting in November he presented information to try to make the case that more careful consideration should be given to the monies that we brag about rebating to the county; the sales tax monies that we rebate back to the county to help reduce our county taxes. He presented a map. He states that we can do better as far utilizing REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 11 that money and suggests that organizing a task force to look at town government and find a way to use this money here at home. It would help reduce our taxes. PETER BROTHERS- Spoke to the Town Board about the County with regard to the either the proposed twenty-nine million dollar plus health services building and the ten percent increase that we will see in the budget. This is something to be very concerned about and he himself is particularly concerned that the bidding process with regard to any project that goes on. In hopes of open competitive bidding that will ensure not only a good value but a good product with the building itself. He expressed his appreciation to the Town in selecting a new law firm. He hopes that the new attorneys are easy to work with for conducting business. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BOOR- He wished everyone a happy and healthy holiday. Spoke to the public regarding many accomplishments of the Board over the past year and the money that was saved. Stated that our current attorneys have done a good job and have been with us for ten years but their cost have escalated. States that the new law firm is local and their cap is less than the current law firm. An in-house engineer was hired, an individual who is going act as a gate keeper. So when engineers come to the table with inaccurate and sloppy work they will now have an engineer here to oversee that. This engineer will have a somewhat limited roll because he will not be doing the large projects instead he will be reviewing that work and he will be giving his expert opinion on what engineering firm is really giving a good price and good service. We are going to save money there. An interview was conducted for a new budget officer the other night. He is very pleased with the qualifications of the applicant. They are about to make an offer for a new Community Development Director. North Queensbury is seeking a fire district, which is somewhat controversial. A public hearing will be held in the early part of next year. They will look at the pros and cons of that. He stated that it isn’t always easy making these tough decisions. It’s not always how smart you are but how willing you are to go against an established system that is very entrenched, very powerful, with a lot of money. He feels the majority of this Board is willing to do that and ultimately the taxpayers are going to be rewarded because they are going to lower spending costs. First and foremost, to provide good value, good service and to lower the costs for the taxpayers. COUNCILMAN SANFORD- Pleased to be able to work with both Councilman Strough and Councilman Boor over the last year on a lot of these RFP issues. He is very satisfied with the outcome. Looking at approximately a quarter of a million dollars in reduced savings in 2007 verses where we have been in the past. Wished everyone a happy and healthy holiday. COUNCILMAN STROUGH- Thanked Rick Missita and Mike Travis and the highway crew for putting up the school state champion signs. They also did a fantastic job with the storm water improvements on Potter Road and lower Butler as well as Meadowview and West REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 12 Mountain Road. They have had some serious storm water issues there in the past, the highway department has remedied that and he is very appreciative of that. Thanked Dave Wick and Steve Lovering and George Hilton and Jim Underwood for their help with looking at a proposed alternate route for the location of the Rush Pond Bike Path as well as a new location for a possible berm crossing. It looks like the RFP for Rush Pond is coming along fine. The article in today’s Post-Star on the FCC Chairman, with regards to cable competition being blocked. Two days from now the Federal Communications Commission is scheduled to vote on whether to make it easier for competitors to obtain cable franchises. Thank Councilman Sanford for his efforts in helping to reduce our health insurance premium. He feels his knowledge and expertise has put pressure on the insurance bidders and providers. We have gotten our insurance for 5.4% increase. If you compare that to the previous four years we have averaged a 14.25% increase. We have also been able to reduce our commission rates. There is going to be a Teen Night put on by the Queensbury Parks and Recreation Department in cooperation with the Great Escape Lodge and Indoor Park and Water Park. This is for teens 13-16 years old. It is going to be held on Thursday, January 4, 2007 from 3:30pm-9:00pm. Teens should be dropped off at the water park at which time they will check in with the Queensbury Recreation Staff. The fee is $30; which includes admission to the Water Park and dinner. The deadline to sign up is December 29, 2006. Contact the Recreation Department at 761-8216. There is a nice article in the Post-Star on the drainage problem. Some of this is caused by development; some of it is caused by the heavy rainfall. He feels that this Board is working very hard to do something about that and improve the situation. COUNCILMAN BREWER- He wished everybody a Merry Christmas and a Happy New Year. He agreed with Councilman Boor, it has been a very trying year, especially the last four months. They have been without a budget officer, a community development director. He expressed his appreciation to the full-time employees in the Town that have carried the load. He thanked Miller, Mannix, Schachner and Hafner for the service to the Town. Spoke regarding the Faith Bible Church property. He talked to Steve Lovering, the Recreation Director, they have started work, and surveying work has been done, by spring hopefully we will have another addition to the park land in the Town of Queensbury. Asked Supervisor Stec to contact the mayor regarding a piece of property between the Town and the City. With regards to the complaints about the leaf dump on Sherman Avenue, the Mayor is working on it. SUPERVISOR STEC- Wishes everyone a Merry Christmas and a very Happy New Year in 2007. He thanked staff for all their hard work. They are very professional and very knowledgeable. Acknowledged George Hilton for the award he received today from The Warren County Soil and Water for being chosen as their person of the year. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 13 Announced that we are close to replacing the budget officer and the community development director. Thanked Miller, Mannix, Schachner, and Hafner for providing excellent service over the last ten years. Thanked the Town of Queensbury staff for all their hard work. A special thank you to Stuart Baker and the community development department staff, they have been without an executive director for the last four months and have done a great job. Spoke regarding the general budget. All four of the Town’s total budgets are all less than the 2004 total budget. Stated that he knows of no other community in New York State that can say that their last three years budgets are lower than 2004. The amount to be raised in taxes for fire and EMS combined in 2007 is less than it was in 2004. It’s important for residents to know that seven days a week somewhere in this Town from 6AM-6PM there is at least one paid crew on service. We have improved coverage at a lower cost in the area of EMS. The medium residential property owner will pay less in 2007 for all fire/EMS, general town tax and county tax than they did in 2004. Thanked the Planning Ordinance Review Committee for their work on the Comprehensive Land Use Plan Draft. They have been working hard on this for over two years now. Spoke to the Board regarding the good relationship he has built with the Glens Falls Common Council the Mayor of the City of Glens Falls concerning the two communities working closely together on many issues. It has been a very productive and trying year. There has been a lot of changes and we will soon know if all these changes are going to work to our advantage in the years to come. We will do our best to make sure they work. 6.0 RESOLUTIONS RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF TIME FOR T&B ASSOCIATES, LLC TO INSTALL TOP-COURSE OF ASPHALT ON ROADS IN FARMINGTON GROVE SUBDIVISION RESOLUTION NO. 609, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 516.2003, the Queensbury Town Board accepted T & B Associates, LLC’s (T&B) offer to dedicate to the Town of Queensbury three roads, Berry Patch Drive, Blueberry Terrace and Farmington Place, in the Farmington Grove Subdivision, and WHEREAS, such Resolution stipulated that T&B install the top course of asphalt on st the roads by December 1, 2005, and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 14 WHEREAS, as recommended by the Town Highway Superintendent, by Resolution st No.: 543.2005, the Town Board authorized a one year extension or until December 1, 2006 for T & B Associates, LLC to install the top course of asphalt on Berry Patch Drive, Blueberry Terrace and Farmington Place in the Farmington Grove Subdivision, and WHEREAS, the Town Highway Superintendent has advised that T&B has not installed the top course of asphalt on the roads as there are problems with most of the catch basins in the development, the development is still only approximately fifty-percent developed with heavy equipment still using the roads, and the Highway Superintendent would like the catch basins to get through the winter and spring months before the top course of asphalt is installed, and WHEREAS, the Town Highway Superintendent has therefore recommended that the Town Board grant a one-year extension to T&B in which to install the top course of asphalt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year st extension or until December 1, 2007 for T & B Associates, LLC to install the top course of asphalt on Berry Patch Drive, Blueberry Terrace and Farmington Place in the Farmington Grove Subdivision, contingent upon the existence of an adequate escrow account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to provide a certified copy of this Resolution to the Town Highway Superintendent. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE* COUNCILMAN BREWER- I Don’t understand why this is from 2005 and then 2006 and now 2007? SUPERVISOR STEC- I assume that is a similar kind of question? COUNCILMAN BOOR- Well actually, Tim the reason is because of the development isn’t being developed as quickly as they thought and they don’t want to put the top course in. I guess there is catch basin issues. My question is REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 15 COUNCILMAN BREWER- Who inspected the catch basins? COUNCILMAN BOOR- Well the highway superintendent. My question is there an escrow account to cover the top coat? COUNCILMAN BREWER- I thought it’s mandatory. COUNCILMAN BOOR- I think it’s mandatory too COUNCILMAN BREWER- It doesn’t mention it here COUNCILMAN BOOR- except that I wouldn’t know by reading this that there is an escrow account. COUNCILMAN BREWER- I agree with you. COUNCILMAN BOOR- I don’t want to authorize it and then find out there is no money COUNCILMAN BREWER- Why don’t we put it aside until we find out or we can approve it on condition that there is an escrow account? SUPERVISOR STEC- Why don’t we, I would suggest that COUNCILMAN BOOR- That would be fine by me COUNCILMAN BREWER- Okay SUPERVISOR STEC- Alright, you moved you’d like to add the condition right at the end that this approval is contingent on the existence of an adequate escrow account. I believe that there is but your right, Rick’s memo to us does not state that there is; that is the norm. COUNCILMAN BOOR- Typically there is SUPERVISOR STEC- Typically there probably is COUNCILMAN BOOR- I just want to make sure COUCILMAN BREWER- Let’s be sure SUPERVISOR STEC- Roger, you are fine with that suggestion COUNCILMAN BOOR- Yeah, that’s fine SUPERVISOR STEC- Okay you guys are both fine with that? Any other discussion? Let’s go ahead and vote RESOLUTION AUTHORIZING MARILYN HAMMOND’S CHANGE OF STATUS FROM PRINCIPAL ACCOUNT CLERK TO SENIOR ACCOUNT CLERK RESOLUTION NO.: 610, 2006 NTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 16 WHEREAS, Town of Queensbury by Resolution No. 145,2006, rehired Marilyn Hammond, a fifteen year employee, as a part time employee in the Accounting Department as a Principal Account Clerk commencing April 1, 2006, and WHEREAS, Resolution No. 145,2006 stated Ms. Hammond would accrue leave benefits (sick, vacation, and personal days) on a pro-rated basis, and WHEREAS, Ms. Hammond has requested, that she be allowed to work approximately 20 hours a week at an hourly rate of $12.39, as a Senior Account Clerk, and WHEREAS, the Town has considered this proposal and the needs of the department and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the change of status for Marilyn Hammond as a part-time employee in the Accounting Department with st the title of Senior Account Clerk effective January 1, 2007 at the salary of $12.39/hour, and BE IT FURTHER, RESOLVED, that Ms. Hammond shall work approximately 20 hours per week and will accrue leave benefits (holidays, sick, vacation, and personal days) on a pro-rated basis and will be covered under retiree status for her health insurance coverage and contribution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Accountant to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF RICHARD WILSON AS REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 17 FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO. 611, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that there is a vacant full-time Laborer position in the Water Department, and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the hiring of Richard Wilson, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Richard Wilson is the brother of Brian Wilson, a mechanic in the Town’s Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water Superintendent to hire Richard Wilson as a full-time Laborer in the Town’s Water th Department effective December 19, 2006 subject to an eight (8) month probationary period and the passing of a pre-employment physical, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Wilson be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Accountant to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 18 NOES: None ABSENT: None RESOLUTION AUTHORIZING CHANGE ORDER AND INCREASE IN CONTRACT COST TO G.F.I. – METAL BUILDING SALES RELATED TO INSTALLATION AND PURCHASE OF STEEL METAL BUILDING AT LUZERNE ROAD TRANSFER STATION RESOLUTION NO.: 612, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution No.: 560,2006, the Queensbury Town Board awarded the bid for installation and purchase of a Steel Metal Building at the Luzerne Road Transfer Station to G. F. I. – Metal Building Sales (GFI), for an amount not to exceed $13,659, and WHEREAS, the Town’s Transfer Station Equipment Operator has advised that the size of the building should have been 8” larger to accommodate the size of the foundation, and WHEREAS, GFI has advised that the increased size of the building will cost an additional $500, and WHEREAS, the revised total cost of the project will still be far below the other bids received by the Town for the project, and WHEREAS, Town Board approval is required for the proposed Change Order in the amount of $500, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a Change Order and $500 increase in the awarded bid to G. F. I. – Metal Building Sales for the installation and purchase of a Steel Metal Building at the Luzerne Road Transfer Station as set forth in the preambles of this Resolution, bringing the new total project price for installation and purchase to $14,159, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 19 RESOLVED, that the Town Board authorizes and directs that payment in connection with such Change Order in the amount not to exceed $500 shall be made by amending the 2006 Budget by increasing appropriations and increasing the Appropriated Fund Balance in the Transfer Station Fund – Capital Construction Account No.: 009-8160- 2899 in the amount of $500, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor to execute such Change Order and further authorizes and directs the Town Supervisor, Transfer Station Equipment Operator, Purchasing Agent, Accountant and/or Town Counsel to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of December, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr.Strough NOES: None ABSENT: None RESOLUTION AWARDING BID FOR LIGHT SODA ASH AND ALUMINUM SULFATE/LIQUID ALUM FOR USE AT TOWN WATER TREATMENT PLANT RESOLUTION NO. 613, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury duly advertised for bids for Light Soda Ash and Aluminum Sulfate/Liquid Alum in accordance with the Town Water Department Bid Specifications, and WHEREAS, the Town’s Purchasing Agent and Water Superintendent have reviewed the bids and have recommended that the Town award the bid for each chemical to the lowest bidder in each category who meet all requirements specified in such Bid Specifications, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 20 RESOLVED, that the Queensbury Town Board hereby awards the bids referenced in the preambles of this Resolution as follows: Astro Chemicals, Inc.$327.67 1.Bid for Light Soda Ash to , for the amount of per dry ton delivered; and Holland Co., Inc., 2.Bid for Aluminum Sulfate/Liquid Alum to for the $276 amount of . per net ton, dry basis delivered; with payment for such chemicals to be paid from the appropriate Town Water Department Account(s), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Engineer, Water Superintendent, Budget Officer and/or Accountant to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF BID AWARD FOR SODIUM HYPOCHLORITE RESOLUTION NO. 614, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 565,2005, the Queensbury Town Board authorized bid awards for chemicals for use by the Town’s Water Department for the year 2006, including the award of the Sodium Hypochlorite bid to Surpass Chemical Co., Inc., and WHEREAS, the Town’s Water Superintendent has advised that the Water Department and Surpass Chemical Co., Inc., have mutually agreed to extend the current bid st award through December 31, 2007, and WHEREAS, the Town Board wishes to authorize such bid extension, REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 21 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the bid award for Sodium Hypochlorite to Surpass Chemical Co., Inc., for the amount of st $0.865 per gallon delivered through December 31, 2007, with payment for such chemical to be paid from the appropriate Town Water Department Account, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Accountant to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION REJECTING BID FOR CONTRACT NO. 1 - CONSTRUCTION OF THE MAIN STREET CONNECTOR ROAD AND AUTHORIZING RE-ADVERTISEMENT FOR BIDS RESOLUTION NO. 615, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 85,2003, the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (Barton) for the design of the Main Street Connector Road, and WHEREAS, Barton prepared bid documents and specifications to advertise for bids for Contract No.1 – Construction of the Main Street Connector Road- which work includes providing all labor, materials, machinery, tools, equipment, and other means of construction necessary and incidental to the completion of the work shown on the plans and described in these specifications including, but not necessarily limited to the following: establishment of proposed new roadway corridor, clearing and grubbing, excavation, embankment in place, removal and disposal of unsuitable material, erosion and sediment control, establishment of sub base course and application of calcium chloride, and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 22 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 Purchasing Agent posted and published an advertisement for bids which was prepared by Barton & Loguidice, P.C., for such Contract 1 – Construction of the Main Street Connector Road, and WHEREAS, Barton has advised the Town Board that based on the status and progress of proposed developments on lands adjacent to the site, especially concerning the proposed site for a major tenant, Barton recommends that the scope of the construction contract be revised to include the full build-out of the proposed connector roadway, as more th fully set forth by Barton in its December 5, 2006 letter to the Town of Queensbury, and WHEREAS, since the proposed change in scope and schedule occurred beyond the deadline to issue an amendment to the Advertisement for Bids and the scope change is beyond what could be included as a change order during construction, the Town Board wishes to re-advertise bids at a later date with a revised set of contract documents that includes the complete roadway build-out, and WHEREAS, the Town Board accordingly wishes to reject the bids received and readvertise for bids at such later date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rejects the bids received by the Town Purchasing Agent for Contract No.1 – Construction of the Main Street Connector th Road and opened on November 27, 2006 and authorizes and directs the Purchasing Agent to readvertise for bids at a later date as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the Town Board. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 23 RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., TO PROVIDE ENGINEERING SERVICES IN CONNECTION WITH A NEW WATER MAIN TO BE CONSTRUCTED ON THE EAST SIDE OF THE “CONNECTOR ROAD” LOCATED ON THE EAST SIDE OF INTERSTATE 87 AT EXIT 18 RESOLUTION NO.: 616, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Town of Queensbury’s Water Superintendent requested proposals for the construction and installation of a new 8” water line with hydrants, valves and fittings located on the east side of the “Connector Road” located on the east side of Interstate 87 at Exit 18, and WHEREAS, the Water Superintendent received, evaluated and ranked all proposals and has made a recommendation to the Town Board to accept the proposal of Barton & Loguidice, P.C. Consulting Engineers for a sum not to exceed the amount of $5,200, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services in connection with the construction and installation of a new 8” water line with hydrants, valves and fittings located on the east side of the “Connector Road” located on the east side of Interstate 87 at Exit 18, as referenced in the preambles of this Resolution and in nd Barton’s November 22, 2006 letter to the Town Water Superintendent, for a sum not to exceed the amount of $5,200, and BE IT FURTHER, RESOLVED, that the Town Board authorizes $5,200 for such engineering services and authorizes appropriations in the amount not to exceed $5,200 for these engineering services and directs that payment for such services be paid from the accounts as will be determined by the Town’s Supervisor and/or Accountant, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 24 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement with Barton which incorporates the requirements of the Town’s Request for Proposals and to be in a form satisfactory to the Town Supervisor, Water Superintendent, Purchasing Agent, Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Budget Officer, Accountant Purchasing Agent and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BARTON & LOGUIDICE, P.C., FOR PROVISION OF ENGINEERING SERVICES RELATED TO THE REPLACEMENT OF LOW LIFT PUMP VARIABLE FREQUENCY DRIVES AT TOWN WATER DEPARTMENT RESOLUTION NO.: 617, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Water Superintendent has advised the Town Board that it is necessary to replace the three Low Lift Pump variable frequency drives at the Town’s Water Department and it will be necessary to engage the engineering services of Barton & Loguidice, P.C. (Barton) for engineering services related to such replacement including the development of specifications, and WHEREAS, Barton has offered to provide such services for an amount not to th exceed $10,000 as more fully set forth in Barton’s December 5, 2006 letter to the Town’s Water Superintendent, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 25 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services related to the replacement of three Low Lift Pump variable frequency drives at the Town’s Water Department, including the development of specifications, for an amount not to th exceed $10,000 as more fully set forth in Barton’s December 5, 2006 letter to the Town’s Water Superintendent, and BE IT FURTHER, RESOLVED, that payment for such services shall be paid for from the Engineering Services Account No.: 040-8310-4710, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Accountant to execute any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2006/2007 AND PROVISION OF 2006 STANDARD YEAR END SERVICES RESOLUTION NO.: 618, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2006/2007 and the 2006 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program as outlined in PENFLEX’s Service Fee Agreement presented at this meeting, and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 26 WHEREAS, PENFLEX will provide these services for the estimated cost of $10,080, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2006/2007 and the 2006 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program at a cost not to exceed $10,080 to be paid from the appropriate account as determined by the Town Supervisor and/or Accountant, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. presented at this meeting and the Town Supervisor and/or Accountant to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE* COUNCILMAN BOOR- I don’t know if we can do this the way that it is worded SUPERVISOR STEC- Lets word it not to exceed COUNCILMAN BOOR- Okay SUPERVISOR STEC- Are you fine with that Roger COUNCILMAN BOOR- Yes SUPERVISOR STEC- And John are fine to change that wording- not to exceed $10,080. If there is a reason why it was worded that way I’ll let you know. If we need to modify it COUNCILMAN BOOR- When you re-due it or whatever. It sounds like it leaves the door open SUPERVISOR STEC- Yeah, and it might be, well there is a couple of firefighters here, it might be determined by how many people make their points. COUNCILMAN BREWER- Right COUNCILMAN BOOR- Yeah, but I mean again REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 27 SUPERVISOR STEC- Yeah, I prefer to word it that way to. Penflex has done a good job for us because if they weren’t I know the fire companies would let us know. Let’s go ahead and vote RESOLUTION AUTHORIZING ENGAGEMENT OF CUSACK & COMPANY, CERTIFIED PUBLIC ACCOUNTANTS TO AUDIT TOWN OF QUEENSBURY’S FINANCIAL STATEMENTS FOR FISCAL YEAR ENDING DECEMBER 31, 2006 RESOLUTION NO.: 619, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously authorized engagement of the services of Cusack & Company, CPA’s (Cusack) to audit the Town of Queensbury’s financial statements for the fiscal year ending December 31, 2005 and provide accounting advice to the Town throughout 2006, and WHEREAS, the Town Board has been pleased with the services of Cusack and wishes to continue engagement of its services, and WHEREAS, Cusack has offered to audit the Town’s financial statements for the fiscal year ending December 31, 2006 at a cost not to exceed $15,550 as more specifically th, set forth in its letter dated December 6, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes continuation of the auditing services of Cusack & Company, CPA’s to provide auditing services to the Town of Queensbury for the year ending December 31, 2006 and provide accounting advice to the Town throughout 2007 for an amount not to exceed $15,550 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and the Town Supervisor, Budget Officer and/or Accountant to take any and all action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 28 th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADOPTING PART-TIME HOURLY WAGE AND ANNUAL STIPEND, NON-MANAGEMENT, NON-UNION FULL- TIME STAFF AND MANAGEMENT STAFF SALARY SCHEDULES EFFECTIVE JANUARY 1, 2007 RESOLUTION NO.: 620, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board wishes to adopt new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff for 2007, and WHEREAS, these salary schedules shall supersede all previously adopted salaries for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the new salary and wage schedules for its part-time hourly, non-management, non-union full-time and management staff, effective January 1, 2007 as follows: Part-Time Hourly Wage and Annual Stipend Schedule Year 2007 Position Wage/Stipend Clerk-Assessor’s Office, Part-time 14.02 Real Property Tax Service Asst., Part-time 16.98 Cemetery Secretary 12.70 Court Officer – Hourly Rate 13.47 Court Officer-Service Fee 23.22 School Traffic Officer (two hour guarantee) 13.70 Clerks, Temporary and Part-time 11.62 REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 29 Laborer, Part-time 12.00 Senior Account Clerk, Part-time 12.39 Data Collector, Part-time 12.46 Senior Account Clerk, Part-time 12.39 Joint Assessment (Glens Falls) Incl in Salary Tax Receiver 7,051 Historian 10,700 Deputy Supervisor 1,513 Purchasing Agent 5,000 Fair Housing Officer 1,000 Planning & Zoning Board Chairman 70. Per meeting Secretary 65. Member 60. Board of Assessment Review – Per Session 60. Non-Management - Non-Union Position Grade OT Salary Code Compliance Officer/Zoning Adm 7 Ex 49,315 Senior Planner 7 Ex 52,148 Maintenance Supervisor – Water 7 Ex 53,209 GIS Administrator 7 Ex 53,458 Code Compliance Officer 7 Ex 41,318 Legal Assistant 6 Ex 47,136 Deputy Town Clerk I 6 Ex 41,320 Computer Technology Coordinator 6 43,386 Data Collector/Appraiser 6 44,905 Fire Marshal 6 Ex 44,226 Accountant 6 Ex 40,943 Land Use Planner 6 Ex 39,559 Recreation Program Specialist 5 Ex 33,434 Court Clerk 5 Ex 42,422 Court Clerk 5 Ex 42,422 Court Clerk 5 Ex 31,000 Bldg & Zoning Enforcement Officer 5 44,668 Senior Citizen Program Coordinator 5 Ex 27,932 Bldg & Zoning Enforcement Officer 5 42,230 Confidential Secretary to Town Supervisor 5 Ex 34,606 Assistant to Assessor I 5 36,351 Assistant to Assessor II 5 34,213 Recreation Program Coordinator 5 27,602 Deputy Fire Marshal 5 32,075 Confidential Secretary to Highway Supt. 5 Ex 34,123 Billing Supervisor 5 35,710 Aquatics Supervisor 5 Ex 34,581 Deputy Tax Receiver 5 37,876 Building & Zoning Enforcement Officer 5 37,312 Conf. Secretary Community Devel. Director 5 Ex 33,124 Real Property Tax Service Assistant 4 37,876 Account Clerk 4 37,577 Deputy Town Clerk II 4 Ex 29,500 Deputy Receiver of Taxes 4 28,633 Records Clerk 4 Ex 32,075 Deputy Court Clerk 4 28,500 Parts Shop Foreman Ungraded 38,438 Management Positions REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 30 Grade Salary Position Water Superintendent 10M 69,211 Executive Director Community Development 10M 67,386 Assessor 9M 78,129 Wastewater Director 9M 63,282 Director of Information Technology 9M 63,550 Budget Officer 9M 54,527 Director of Parks & Recreation 9M 51,230 Deputy Highway Superintendent 8M 53,395 Engineer 8M 60,112 Director Building & Codes 8M 55,477 Director of Building and Grounds 7M 50,335 Cemetery Superintendent 7M 45,813 h Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION POSITION/GRADE SCHEDULE FOR 2007 RESOLUTION NO.: 621, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board previously adopted and then revised a Non-Union Position/Grade Schedule (Schedule) as part of its Salary Administration Program in the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Schedule as proposed in the document presented at this meeting entitled, “Town of Queensbury 2007 Non-Union Position/Grade Schedule” effective January 1, 2007, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 31 RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Position/Grade Schedule effective January 1, 2007 as follows: Town of Queensbury Non-Union Position/Grade Schedule Effective January 1, 2007 Grade Job Title Ungraded Parts Shop Foreman – to be paid at CSEA Working Foreman Scale 1 None 2 None 3 None 4 Account Clerk Deputy Court Clerk Deputy Town Clerk II Deputy Receiver of Taxes Real Property Tax Service Assistant Records Clerk 5 Aquatics Supervisor Building & Zoning Enforcement Officer Confidential Secretary to Highway Superintendent Confidential Secretary to Town Supervisor Confidential Secretary to Community Development Director Court Clerk Deputy Fire Marshal Senior Citizen Program Coordinator Assistant to Assessor I Assistant to Assessor II Computer Technology Assistant Billing Supervisor Deputy Tax Receiver Recreation Program Specialist Recreation Program Coordinator 6 Accountant Deputy Town Clerk I Computer Technology Coordinator Data Collector/Appraiser Principal Account Clerk Legal Assistant Land Use Planner Fire Marshal 7 Senior Planner Code Compliance Officer/Zoning Administrator Code Compliance Officer GIS Administrator Water Maintenance Distribution Supervisor 7M Cemetery Superintendent Director Building & Grounds (Facilities) 8M Director Building & Code Enforcement Deputy Highway Superintendent Engineer 9M Assessor Budget Officer Director of Information Technology Director Parks & Recreation Wastewater Director 10M Executive Director of Community Development Water Superintendent REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 32 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to replace the current Non-Union Position/Grade Schedule with the new Non-Union Position/Grade Schedule in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF NON-UNION SALARY STRUCTURE FOR THE YEAR 2007 RESOLUTION NO.: 622, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted and then revised its Wage and Salary Structure (Structure) as part of its Salary Administration Program in Section IV of the Town’s Employee Management System Handbook, and WHEREAS, the Town Board wishes to revise the Structure as proposed in the document presented at this meeting entitled, “Town of Queensbury Non-Union Salary Structure,” effective January 1, 2007, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 33 RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Non-Union Salary Structure effective January 1, 2007 as follows: Town of Queensbury Non-Union Salary Structure Effective January 1, 2007 GradMinimuMidpoiScheduled Extended e m nt Max Max 1 17,646 21,249 25,588 25,844 2 19,764 23,801 28,660 28,947 3 22,136 26,655 32,097 32,418 4 24,792 29,853 35,947 36,306 5 27,767 33,437 40,262 40,665 6 31,099 37,448 45,093 45,544 7 34,831 41,942 50,505 51,010 8 39,011 46,973 56,562 57,128 9 43,692 52,612 63,352 63,986 10 48,935 58,927 70,956 71,666 7M 34,831 41,942 50,505 53,258 8M 39,011 46,973 56,562 59,645 9M 43,692 52,612 63,352 66,806 10M 48,935 58,927 70,956 74,824 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to replace the current Non-Union Salary Structure with this new Non-Union Salary Structure in the Town’s Wage and Salary Administration Program in the Employee Management System Handbook. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION AND FINAL ORDER ESTABLISHING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION NO. 10 – BAY ROAD RESOLUTION NO. 623, 2006 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 34 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 th Dougher dated March 17, 2006 and a Memorandum from C. T. Male Associates, P. C., to th 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 REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 35 proposed and method of operation, and all outlets and the terminus and course of each proposed main sewer or drain, 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 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 rdst held on 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 st WHEREAS, on May 1, 2006, the Town Board adopted Resolution No.: 227,2006, determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) all property and property owners within the District Extension will be benefited thereby; (c) all property and property owners benefited will be included within the limits of the District Extension; (d) it is in the public interest to establish, authorize, and approve the Central Queensbury Quaker Road Sewer District Extension No. 10 to the existing Central Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and (e) in accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 36 established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended; and approving establishment of the District Extension subject to permissive referendum; and WHEREAS, the Town Clerk posted and published the notice required for Resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk filed the Certificate required to be filed in accordance with Town Law §209-e establishing that no such petition was filed requesting a referendum, and WHEREAS, the permission of the State Comptroller is not required pursuant to § Town Law 209-f, and WHEREAS, the Town wishes to adopt a Final Order establishing Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road, and WHEREAS, the Town wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12A and consolidate it with the Central § Queensbury Quaker Road Sewer District in accordance with Town Law 206-a, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Queensbury Town Board hereby authorizes, approves and establishes the Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road to the Central Queensbury Quaker Road Sewer District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report and authorizes the acceptance of the dedication of the sewer lines, mains, pump station and all appurtenances and equipment, and it is FURTHER ORDERED, that: 1.The Queensbury Town Board hereby authorizes, approves and establishes Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road to the Central Queensbury Quaker Road Sewer District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report and as set forth herein as follows: All that certain tracts, pieces or parcels of land situate, lying and being in the Town of Queensbury, County of Warren, State of New York, lying generally Westerly of Bay Road, generally Northerly and Southerly of Blind Rock Road, and being more particularly bounded and described as follows: REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 37 BEGINNING at a point at the intersection of the Southerly boundary of Blind Rock Road with the Westerly boundary of Bay Road and runs thence from said point of beginning in a generally Southerly direction along the Westerly boundary of Bay Road 1,140± feet to its intersection with the Southerly boundary of Town of Queensbury Tax Map parcel No. 289.19-1-23; thence in a generally Westerly direction along the Southerly boundary of Tax Map Parcel Nos. 289.19-1-23 and 289.19-1-24, a distance of 630± feet to its intersection with Easterly boundary of Tax Map Parcel No. 289.19-1-26; thence in a generally Southerly direction along the Easterly boundary of Tax Map Parcel Nos. 289.19-1-26 and 296.07-1-15.1, a distance of 200± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 289.19-1-15; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 600± feet to its intersection with the Westerly boundary of Bay Road; thence in a generally Southerly direction along the Westerly boundary of Bay Road 60± feet to its intersection with the Southerly boundary of Tax Map Parcel No. 289.19-1-15; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 540± feet to its intersection with the Northeasterly boundary of said tax map parcel; thence in a generally Southeasterly direction along the Northeasterly boundary of said tax map parcel 200± feet to its intersection of the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said tax map parcel 110± feet to its intersection with a Southeasterly boundary of said Tax Map Parcel No. 289.19-1- 15; thence in a generally Southwesterly direction along the Southeasterly boundary of said tax map parcel 320± feet to its intersection of the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said Tax Map Parcel No. 289.19-1-15, a distance of 200± feet to its intersection with the Easterly boundary of Tax Map Parcel No. 296.07-1-15.2; thence in a generally Southerly direction along the Easterly boundary of said tax map parcel 270± feet to its intersection with the Southerly boundary of said tax map parcel ;thence in a generally Westerly direction along the Southerly boundary of Tax Map Parcel Nos. 296.07-1-15.2 and 296.07-1-15.1, a distance of 975± feet to its intersection with the Westerly boundary of Tax Map Parcel No. 296.07-1-15.1; thence in a generally Northerly direction along the Westerly boundary of said tax map parcel 170± feet to its intersection with the Southerly boundary of said tax map parcel; thence in a generally Westerly direction along the Southerly boundary of said Tax Map Parcel No. 296.07-1-15.1, a distance of 580± feet to its intersection with the Southeasterly boundary Blind Rock Road; thence in a generally Northeasterly direction along the Southeasterly boundary of Blind Rock Road 170± feet to its intersection with the Northerly boundary of Tax Map Parcel No. 296.07-1-15.1; thence in a generally Easterly direction along the Northerly boundary said tax map parcel 500± feet to its intersection with the Westerly boundary of said tax map parcel; thence in a generally Northerly direction along the Westerly boundary of said REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 38 tax map parcel 460± feet to its intersection with the Northerly boundary of said Tax Map Parcel No. 296.07-1-15.1; thence in a generally Easterly direction along the Northerly boundary of said tax map parcel 690± feet to its intersection with the Westerly boundary of Tax Map Parcel No. 289.19-1-26; thence in a generally Northerly direction along the Westerly boundary of Tax Map Parcel Nos. 289.19-1- 26 and 289.19-1-27, a distance of 1,290± feet to its intersection with the Southeasterly boundary of Blind Rock Road; thence in a generally Northeasterly and Easterly direction along the Southeasterly and Southerly boundary of Blind Rock Road 1,200± feet to the point or place of beginning. 2.The boundaries of the proposed Extension and benefited areas of the Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road are to be as delineated in the previously described Map, Plan and Report. 3.All proposed construction was installed and paid for by the Developer(s). § 4.In accordance with Town Law 206-a, it is in the public interest to assess all expenses of the District, including all extensions included heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended. 5.The Project Engineer has certified the Project and the Wastewater Director has reviewed the certified documents and found them to be complete. 6.A one year guarantee on the infrastructure installed begins as of the date of this Final Order. And it is, FURTHER ORDERED, that the Town Board hereby directs the Queensbury Town Clerk to make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the date of adoption of this Order, and it is FURTHER ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, Budget Officer and Accountant to take all other actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 39 th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING OUT-OF-DISTRICT SEWER AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE TOWN OF QUEENSBURY CONCERNING TOWN OFFICE BUILDING PROPERTY LOCATED AT 742 BAY ROAD, QUEENSBURY RESOLUTION NO.: 624, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Town of Queensbury has established and created several Sewer Districts as follows: 1.Central Queensbury Quaker Road Sewer District; 2.Hiland Park Sewer District; 3.Pershing-Ashley-Coolidge Sewer District; 4.Queensbury Technical Park Sewer District (District); 5.Reservoir Park Sewer District; 6.Route 9 Sewer District; and 7.South Queensbury – Queensbury Avenue Sewer District; and WHEREAS, at times some Town residents wish to obtain sanitary sewer service from one of the Town’s Sewer District facilities but their properties are located outside the Sewer District boundaries, and WHEREAS, by Resolution No.: 227.2006, the Town of Queensbury established and created the Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road, and consolidated it with the Central Queensbury Quaker Road Sewer District (District), and WHEREAS, the Town’s Wastewater Director has received a request from the Town’s Facilities Director to obtain sanitary sewer service from the District’s facilities for the Town Office Building property located at 742 Bay Road (Tax Map No.: 289.15-1-50) REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 40 as the property is located outside such District’s boundaries and the property’s septic system has failed, and WHEREAS, the Town of Queensbury wishes to supply such property with such sanitary sewer service in accordance with Town Law §198(1), and WHEREAS, a proposed Agreement for sanitary sewer service is presented at this meeting and is in form approved by the Town’s Wastewater Director and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor and/or Wastewater Director to enter into an Out-of-District Agreement for sanitary sewer service to serve the Town Office Building property located at 742 Bay Road (Tax Map No.: 289.15-1-50), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Wastewater Director to make all necessary arrangements, including collection of any fees and signing the Agreement substantially in the form presented at this meeting, in accordance with Town Law §198(1), to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None *DISCUSSION HELD BEFORE VOTE* COUNCILMAN STROUGH- I just have one question, on the contract on page 5, right at the bottom of page 5 D) Cost of Connection SUPERVISOR STEC- This is the boiler plate contract COUNCILMAN STROUGH- Yeah it sounds like it but the last sentence SUPERVISOR STEC- If the Town charges a connection COUNCILMAN STROUGH- Well it says in addition if the Town charges a connection fee- isn’t that if the district charges a connection fee. SUPERVISOR STEC- Yeah, this is COUNCILMAN STROUGH- Per se the Town isn’t charging it, it’s the district charging it. So is it understood if you say Town that really means district that’s okay? REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 41 COUNCILMAN BOOR- Its difficult enough, if it’s not right lets correct it SUPERVISOR STEC- We’ll modify that Mike. We’ll modify it so anywhere it says the Town it will say the Town District- it means the district; and the customer would in case be the Town. COUNCILMAN STROUGH- Okay SUPERVISOR STEC- So Mike when we sign this can you make sure that those changes are incorporated. Thanks RESOLUTION AUTHORIZING SWAP OF REAL PROPERTY BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION AND CORRECTING DESCRIPTION OF PROPERTY TO PROVIDE FOR LESS BEING SWAPPED RESOLUTION NO.: 625, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 451,2006, the Queensbury Town Board authorized a swap of real property between the Town of Queensbury (“Town”) and the Queensbury Economic Development Corporation (“QEDC”), and WHEREAS, such Resolution was adopted subject to certain contingencies, and WHEREAS, such Resolution was based on representations that the portion of the property to be retained by the Town would be sufficient to construct a park and drive with at least forty (40) spaces and which would meet New York State Department of Transportation (“DOT”) requirements under the Town’s Main Street Project Grant, and WHEREAS, when the Town’s engineer reviewed the proposed map, it discovered that the Town needed to retain additional property to meet DOT standards, and WHEREAS, VanDusen & Steves, License Land Surveyors, prepared a revised map and revised metes and bounds descriptions which described the parcel the Town intends to retain and the parcel the Town intends to swap with QEDC, copies of which have been provided to the Town, and WHEREAS, QEDC purchased certain real property located on Luzerne Road for economic development purposes and for the creation of a Town Road (“Connector Road”), and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 42 WHEREAS, by Resolution No.: 412,2005, the Queensbury Town Board authorized the acceptance by the Town from QEDC of 3.3 acres of real property located on Luzerne Road adjacent to the proposed Connector Road, and WHEREAS, the Town Board accepted such property with the intention of using a portion for a Park and Ride Facility and a portion to be transferred to the West Glens Falls Emergency Medical Squad, Inc. (“Squad”) in partial exchange for such Squad’s real property on Main Street which was needed for the Connector Road, and WHEREAS, the Town Board feels that the Park and Ride Facility, Connector Road, economic development and EMS facility are important matters for the Town, and WHEREAS, the Town Board duly transferred 1.34 acres to the Squad and agreed upon terms of a License/Lease Agreement where the Squad could use the parking area of the Park and Ride Facility as parking for their meetings and operation, and WHEREAS, QEDC has informed the Town Board that it has a potential purchaser of its property that will develop it providing many quality jobs and business for the area, but QEDC requests that it receive back a portion of the property it transferred to the Town in exchange for such economic development, an additional .49 acre parcel of property on the Connector Road across from the WGF EMS parcel and the written agreement (as a non- exclusive, easement, covenant and restriction in the Town’s deed) of the developer and owner of the parcel to install and maintain storm water drainage facilities sufficient to meet the Storm water drainage requirements for the Town’s Park and Ride facilities, and WHEREAS, such transfer will result in a smaller Park and Ride Facility with less parking spaces which still will meet the requirements of the Town’s grant from the New York State Department of Transportation but will result in a significantly different design and a different location for the entrance, requiring an easement, and WHEREAS, the Town of Queensbury has not yet received written agreement from the Squad amending the License/Lease Agreement to envision and accept the lesser number of Park and Ride spaces which is now being considered and granting a written recordable easement for access to the Park and Ride Facility, and such items remain as contingencies which must be satisfied prior to any transfer hereunder, and WHEREAS, the Town Board has received metes and bounds descriptions for the transfer from and transfer to the Town, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 43 RESOLVED, that the Queensbury Town Board hereby authorizes and approves the transfer of a revised portion of its property located adjacent to the new West Glens Falls Emergency Medical Squad (Squad) comprising approximately 1.38 acres as shown on a map for West Glens Falls E.M.S. dated July 11, 2005 and last revised November 16, 2006 provided by VanDusen & Steves and reviewed by Barton & Loguidice back to the Queensbury Economic Development Corporation (QEDC) to be used for economic development purposes in exchange for: 1.A .49 acre parcel of property located across from the Connector Road on Luzerne Road; 2.A non-exclusive storm water easement, covenant and restriction in form acceptable to the Town Supervisor and Town Counsel which will provide Storm water drainage facilities that will: A.be built and maintained by the owner of such property at its expense; and B.be sufficient to meet all the storm water drainage requirements for the Town’s Park and Ride Facilities to be constructed on the Town’s retained property; 3.A non-exclusive 5’ green space easement located on the transferred property along the edge of the retained property where the Town shall have the right to install such lights as it may deem appropriate for the Park and Ride Facility; 4.QEDC’s agreement that if the transferred property is not combined with the QEDC’s remaining Connector Road property and transferred to BBL for the specific economic development project describe to the Town Board, within 180 days of the date of this Resolution, the QEDC will transfer such property back to the Town; and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon QEDC providing the Town with the written agreement of the Squad that it approves the change in the Park and Ride Facility which will result in less parking spaces but still at least 40 parking spaces and an easement from the Squad in form acceptable to Town Counsel for access to the Park and Ride Facility, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 44 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer, Accountant and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution including the purchase of title insurance and execute any and all documents necessary to complete this transaction, including, without limitation, any agreement in form acceptable to the Town Supervisor and Town Counsel and the Deed, Real Property Transfer Report and Capital Gains Affidavit , authorized above 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. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION TO AMEND 2006 BUDGET RESOLUTION NO.: 626, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer’s Office to take all action necessary to transfer funds and amend the 2006 Town Budget as follows: REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 45 FROM: TO: $ AMOUNT: 001-1990-4400 001-1620-4400 4,000. (Contingency) (Misc. Contractual) 001-1990-4400 001-1620-4070-0022 2,950. (Contingency) (Bld. Repair) 001-7020-4800 001-7020-2010 200. (Equipment Repairs) (Office Equipment) 001-8020-4080 001-8020-1020 300. (Legal Adv.) (OT) FROM: TO: $ AMOUNT: 001-3620-4010 001-3620-1020 100. (Office Supplies) (OT) 001-3410-2010 001-3410-1020 100. (Office Equip.) (OT) th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARDS AND DEFERRED LOAN FOR CASE #5422IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 627, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Governor’s Office for Small Cities Community Development Block Grant (CDBG) programs to cover eligible project costs, and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 46 WHEREAS, the Town of Queensbury has also established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and WHEREAS, a single family property Case File #5429 has been determined to be eligible for rehabilitation grant assistance and a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such assistance and loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Twenty one thousand five hundred dollars and no cents ($21,500.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving these grants and loan , and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves the following grants for Case File #5429 Queensbury, New York: Ten thousand dollars a) An AHOD Grant in the amount not to exceed: and no cents ($10,000.00) , and Ten thousand dollars b) A CDBG Grant in the amount not to exceed: and no cents ($10,000.00). and BE IT FURTHER, RESOLVED,that the Town of Queensbury approves a rehabilitation loan for Case File #5429, in an amount not to exceedOne thousand five hundred dollars and no , cents ($1,500.00)and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 47 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Executive Director of Community Development to execute Grant Award and Loan agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF CORPORATE CIRCLE IN THE DREPS SUBDIVISION RESOLUTION NO. 628, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, John W. Dreps and Noel R. Cerniglia (Developers) have offered a deed to dedicate Corporate Circle in the Dreps Subdivision as more particularly described in the survey map prepared by VanDusen & Steves Land Surveyors, LLC and presented to the , Townand WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance, and WHEREAS, the Town Water Superintendent has confirmed that the Water Department’s requirements have been met, and WHEREAS, the Town Wastewater Director has requested that approval of such road dedication be contingent upon the Developer disconnecting the unapproved connection to the Town’s wastewater line and the Town Wastewater Director confirming that it has been done in a satisfactory manner; or that there be a sewer district extension encompassing the Dreps Subdivision satisfactory to the Town Board and Wastewater Director, and that the Town not accept dedication of any sewer line in the road, and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 48 WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Corporate Circle in the Dreps Subdivision, such approval contingent upon the Developer disconnecting the unapproved connection to the Town’s wastewater line and the Town Wastewater Director confirming that it has been done in a satisfactory manner; or that there be a sewer district extension encompassing the Dreps Subdivision satisfactory to the Town Board and Wastewater Director, and that the Town not accept dedication of any sewer line in the road, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs John W. Dreps and Noel R. Cerniglia to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the road to the official inventory of Town Highways as follows: Corporate Circle Name: Road Number: 551 Description: Beginning at Bay Road and continuing in an easterly direction a distance of 604 feet and .11 hundredths of a mile and ending at a cul-de-sac. Feet: 604’ and .11 of a mile th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 49 ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF DECEMBER 18, 2006 RESOLUTION NO.: 629, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of December 14, 2006 and a payment due date of th December 19, 2006, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of December 14, 2006 and payment due date of December 19, 2006 and totaling $310,286.91, and 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. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED INCREASE IN PROFESSIONAL PLANNING SERVICES CAPITAL PROJECT FUND NO. 148 RESOLUTION NO.: 630, 2006 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 50 WHEREAS, by adoption of Resolution 426,2004 the Queensbury Town Board created the Planning Ordinance Review Committee (PORC) and appointed its members, and WHEREAS, by such Resolution, the Town Board directed the PORC to review and address inconsistencies and problems known to be at issue in, among other things, the Town’s Zoning Ordinance and Map, Subdivision Regulations and Comprehensive Land Use Plan, and th WHEREAS, on May 19, 2005 the PORC adopted a Resolution recommending the hiring of a consulting firm to provide professional planning services to the Town, such services to include the updating of the 1998 Comprehensive Land Use Plan, Town Zoning Code, and Town Subdivision Regulations, and WHEREAS, the total estimated cost of the project was one-hundred thirty-thousand dollars ($130,000.), and WHEREAS, this project was funded through a transfer from the Capital Reserve Fund #64 established by Resolution No. 322, 2001, and WHEREAS, by Resolution No.: 295,2005, the Town Board authorized creation of the 2005-2006 Professional Planning Services Project Capital Project Fund #148 and transferred into such Fund $130,000 from the Capital Reserve Fund #64, and WHEREAS, the Senior Planner and PORC have has advised the Town Board that additional funds are necessary to finance five more months of consultant services to complete the proposed code revisions and therefore the Town Board wishes to withdraw and expend additional moneys from the Capital Improvement Plan Reserve Accountin the amount of $9,000 to cover such increased amount, and WHEREAS, the total for the 2005-2006 Professional Planning Services Capital Project Fund #148 after the additional transfer from the CIP fund will be $139,000, and WHEREAS, in accordance with the Town’s Capital Improvement Plan Policy (CIP), the Town Board must conduct a public hearing before approving any specific Capital Project or increase in any specific Capital Project listed on the CIP, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 51 nd January 22, 2007 to hear all interested persons and take any necessary action provided by law concerning the proposed $9,000 increase in the 2005-2006 Professional Planning Services Capital Project Fund #148, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning the proposed Capital Project in the manner provided by law. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 631, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 52 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th Bay Ridge Volunteer Fire Co., Inc., on Monday, January 8, 2007 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 632, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement for fire protection services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 53 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new fire protection services Agreement between the Town and the th South Queensbury Volunteer Fire Co., Inc., on Monday, January 8, 2007 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2007 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO.: 633, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreements currently in effect with the Town’s three emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., expire on December 31, 2006, and WHEREAS, the Town and the North Queensbury Rescue Squad, Inc., have negotiated terms for a new one year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set public hearings concerning such proposed Agreement for emergency ambulance service, REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 54 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance service Agreement between the Town th of Queensbury and the North Queensbury Rescue Squad, Inc., on Monday, January 8, 2007 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2007 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 634, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreements currently in effect with the Town’s three emergency squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., expire on December 31, 2006, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one year Agreement for general emergency ambulance services, and REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 55 WHEREAS, in accordance with Town Law §184, the Town Board wishes to set public hearings concerning such proposed Agreement for emergency ambulance service, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance service Agreement between the Town th of Queensbury and the West Glens Falls Emergency Squad, Inc., on Monday, January 8, 2007 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE CLUBVIEW LANE PROPERTIES IN THE LOOKOUT SUBDIVISION RESOLUTION NO.: 635, 2006 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the Clubview Lane properties in the Lookout Subdivision (Subdivision) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Jarrett-Martin Engineers, PLLC, professional engineers, concerning the proposed water district extension to connect the Subdivision to the existing Queensbury Consolidated Water District water main along Oakwood Drive northward along a new common driveway called Clubview Lane to a hydrant at the boundary of the REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 56 northernmost lot, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF was completed by the developer’s representatives, and WHEREAS, the Queensbury Town Board desires to be Lead Agency for purposes of the environmental review required for the project under the State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Water District are as set forth in the Map, Plan and Report, and are delineated on Exhibit A hereto. 2. The proposed improvements consist of construction of infrastructure to support the Subdivision which included approximately 600’ of new 8” water main extending from the existing water main along Oakwood Drive, northward along a new common driveway called Clubview Lane to a hydrant at the boundary of the northernmost lot. Two fire hydrants were also installed at the time that the driveway and other utilities were installed to serve the subdivision. No additional capital water improvements are required to serve any of the parcels proposed for inclusion in the District. 3. The capital improvements necessary for this service area were provided and paid for by the subdivision developer and therefore no additional capital costs for water infrastructure must be borne by the property owners of this District Extension with the exception of water service laterals from the water main to the houses. Installation of such laterals is predicted to cost in the range of $1500 to $3000 per house. There is no cost to the Town or the District for this District Extension. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 57 4. The capital improvements necessary for this service area were provided and paid for by the Subdivision developer and so there will be no debt service costs related to this District Extension to the District. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one or two family home for operation and maintenance and other charges (assuming an average water usage) is $561.96. Homes have not yet been constructed in the Subdivision. There will be no hook-up fees and the cost to construct a water service connection from the new 8” water main to the structure and purchase and install a water meter would be included in the total cost of each home. 5. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. . 6The developer of the Subdivision paid all costs of the improvements so there will be no financing required by the Town on behalf of the District. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. In accordance with Town Law §206-a, all future expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended. 9. The Town Board shall meet and hold a public hearing at the Queensbury nd Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, January 22, 2007 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Community Development Department to send a copy of the Environmental Assessment Form and a copy of the Map, Plan and Report to all potentially involved agencies, the New York State Department of Environmental Conservation and the New York State Department of Health, together with all documentation required to be sent, along with a letter indicating that the Town Board will be undertaking consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 58 11. The Town Board hereby authorizes and directs the Community Development Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted. 12. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None RESOLUTION AUTHORIZING 2007 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO. 636, 2006 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield, and WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2007 with Empire Blue Cross Blue Shield, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2007 with Empire Blue Cross Blue Shield with the 2007 monthly premiums to be as follows: MEDICARE MEDICARE MEDICARE INDIVIDUAL FAMILY INDIVIDUAL 2-PERSON FAMILY PPO 461.29 1348.43 424.24 848.47 1311.41 REGULAR TOWN BOARD MEETING 12-18-2006 MTG #56 59 EPO 439.23 1284.00 403.97 807.93 1248.73 DENTAL 53.94 53.94 N/A N/A N/A and BE IT FURTHER, RESOLVED, that the health insurance cost-sharing formula(s) shall increase from 12% to 14% for PPO coverage and from 4% to 6% for EPO coverage, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Accountant to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of December, 2006, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 637,2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 18 day of December, 2006 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, Darleen Dougher Town Clerk Town of Queensbury