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2007-04-16 MTG15 REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 364 REGULAR TOWN BOARD MEETING MTG#15 TH APRIL 16, 2006 RES# 176 7:00 P.M. B.H. 4-5 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ROGER BOOR COUNCILMAN RICHARD SANFORD COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS HIGHWAY SUPERINTENDENT, RICK MISSITA DEPUTY HIGHWAY SUPERINTENDENT, MICHAEL TRAVIS WASTEWATER DIRECTOR, MIKE SHAW EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT, BLANCHE ALTER SENIOR PLANNER, STU BAKER WATER SUPERINTENDENT, BRUCE OSTRANDER PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RICHARD SANFORD SUPERVISOR STEC- Opened meeting. 1.0BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 176, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 16 day of April, 2007 by the following vote: Ayes: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING SEPTIC HEARING HAROLD JOHN O’CONNOR OPENED PUBLICATION DATE: APRIL 6, 2007 PRESENT ATTORNEY MICHAEL BORGOS, TOM CENTER, ENGINEER, MR. O’CONNOR SUPERVISOR STEC-We set this public hearing not to long ago. This is on a property at 40 Reardon Road on Glen Lake. I believe Mr. Borgos is the Counsel and Mr. Center is the Engineer, I will turn it over to you guys to introduce it. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 365 ATTORNEY BORGOS-Good evening, Michael Borgos here on behalf of Dr. O’Connor the property owner. I am here with Engineer, Tom Center who will explain the logistics and the engineering; I know you have a long agenda so we will keep it moving quickly. SUPERVISOR STEC-Thank you. Just for the purpose of the record, I will frame it by saying we are looking for an absorption system a hundred and ten point two feet from the applicants well instead of two hundred. An absorption system a hundred and ten point seven feet from a neighbor's well in lieu of the two hundred. An absorption system one hundred feet from a neighbors well instead of two hundred. An absorption system a hundred and eighty five feet from the neighbors well in lieu of the two hundred. Finally a septic tank five point three feet from the foundation wall in lieu of the required ten-foot setback. The property again is located at 40 Reardon Road is everything else I said correct? ATTORNEY BORGOS-Yes. SUPERVISOR STEC-The floor is yours. MR. CENTER-We are proposing to replace two existing seepage pits one of which is twenty two point four feet from the lake with a new dose absorption bed with a hundred percent replacement area. The course of this project we will be reducing the flow from the house from four bedrooms to three bedrooms and improving the storm water runoff from the site by the addition of a drywell in the new driveway area and a shallow berm at the toe of the slope at the bottom of the property. Currently water comes off Reardon Road and down it washes right into the lake. In the whole process of this project, we are going to be doing some regarding building up the berm at the bottom to catch any solids that come down. The owner plans on tearing down the existing house and constructing a new home a new year round residence and converting the existing seasonal cottage at the bottom to a cabana removing the bedroom facilities out of that replacing it with a half bath and a change room, and sitting area in that structure. SUPERVISOR STEC-I will open the public hearing before we take public comment I will ask if the board members have any initial questions or comments before we take public comment. COUNCILMAN SANFORD-We did a pretty good review on this at a workshop so I don’t know if there are that many questions you are going to hear from us I think we covered it pretty well. SUPERVISOR STEC-That is true. Are there any members of the public that would like to comment on this variance hearing? PETE ROZELL-47 Reardon Road-I reviewed the drawings a couple of weeks ago. I know John has been working diligently on these things he has spent a lot of money, a lot of time, a lot of effort. What, I can see on the drawings I think he is doing a good thing. From what he has now to what he is going to do, I think he is going to help the runoff tremendously. I don’t see any environmental impact at all, on what he is trying to do here. I know percolation up in that area is great anyways it is all sand up there. I live across the street actually I have dug drywells on his property years ago. I think it is a good project I think it will enhance the neighborhood quite a bit. I think you guys should give it a nod for a go forward. SUPERVISOR STEC-Any other public comment on this variance. Then we have a letter or two I will let Karen read them into the record. DEPUTY TOWN CLERK, O’BRIEN-Read following letters into the record. Letter from Stephen W. Adler to Town Board Town of Queensbury. To Whom It May Concern: My name is Stephen Adler and I reside at 46 Reardon Road in the Town of Queensbury, NY. I would like to go on record in support of the construction project being proposed at REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 366 40 Reardon Road by my neighbor John O’Connor. I have been in the land development and construction industry for thirty plus years and I have had the opportunity to review the civil and architectural drawings for the project being proposed by Dr. O’Connor. I believe that the proposed project will be an improvement to the existing elevations, infrastructure and buildings currently on site. Sincerely, Stephen W. Adler Letter from Mark Schachner 1324 Bay Road, Lake George, NY 12845 April 13, 2007 Town of Queensbury Board of Health Queensbury Town Hall 742 Bay Road Queensbury, NY 12804 Re: Application of Dr. John O’Connor Dear Board of Health: I am the owner of property at 36 Reardon Road on Glen Lake, immediately adjacent to the property owned by Dr. John O’Connor for which I understand Dr. O’Connor seeks variances for his newly proposed wastewater disposal system. I wish to inform the Board that I have signed the Neighbor Waiver Form and have no objection to the variances, which Dr. O’Connor requires. Furthermore, I wish to also indicate to the Board that, since his purchase of this property approximately four years ago, Dr. O’Connor has been both a excellent neighbor and an extremely responsible Glen Lake resident, including demonstrating sensitivity for the Glen Lake ecosystem and its protection. Likewise, I believe that Dr. O’Connor’s property renovation plans, including installation of his newly proposed septic system accompanies by elimination of existing systems of lesser quality, are more protective of Glen Lake than some of the current features of his property. Therefore, I support the requested variances as beneficial to both of our properties and Glen Lake. I respectfully urge the Board of Health to grant the variances, which Dr. O’Connor seeks for this property. Thank you for your consideration of my views on this matter. Sincerely, Mark Schachner SUPERVISOR STEC-Is there any other public comment on this variance? Any board member questions? COUNCILMAN BOOR-On its face as read Dan and its accurate the two hundred foot setback might be misleading to the general public. It looks like we are granting in one instance of fifty percent relief. The two hundred foot setback for those that might not be familiar with some of the codes is really related to perk rates. Essentially the two hundred foot is if you have to high a perk rate. The concern there is contaminants don’t have enough time to soil or cleansing before they reach the water. In this instance, the engineer has shown that the perk rate is of a slow enough rate that it will not impact negatively the lake. It is a hundred feet from the lake at minimum from any other well so it is certainly an improvement over what is there. I like the fact that it is being pumped up in a way so I am really pleased with what you have going here. SUPERVISOR STEC-Any other board members last bite for the public. PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 367 RESOLUTION APPROVING HAROLD JOHN O’CONNOR’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 4, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Harold John O’Connor filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install: 1.an absorption system 110.2’ from applicant’s well instead of the required 200’ setback; 2.an absorption system 110.7’ from neighbor’s well instead of the required 200’ setback; 3.an absorption system 100’ from neighbor’s well instead of the required 200’ setback; 4.an absorption system 185’ from neighbor’s well instead of the required 200’ setback; and 5.a septic tank 5.3’ from the foundation wall instead of the required 10’ setback; on property located at 40 Reardon Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance requests on April 16, 2007, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 368 for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Harold John O’Connor for variances from the Sewage Disposal Ordinance to install: 1.an absorption system 110.2’ from applicant’s well instead of the required 200’ setback; 2.an absorption system 110.7’ from neighbor’s well instead of the required 200’ setback; 3.an absorption system 100’ from neighbor’s well instead of the required 200’ setback; 4.an absorption system 185’ from neighbor’s well instead of the required 200’ setback; and 5.a septic tank 5.3’ from the foundation wall instead of the required 10’ setback; on property located at 40 Reardon Road in the Town of Queensbury, and bearing Tax Map No.: 289.7-1-24. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 5, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Roger Boor RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Queensbury Board of Health and moves into Queensbury Town Board. th Duly adopted this 16 day of April, 2007, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford Noes: None Absent:None 2.0 PUBLIC HEARINGS REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 369 PUBLIC HEARING TOWN COMPLEX UPGRADE OF SEWER SYSTEMS CAPITAL PROJECT FUND #167 OPENED PUBLICATION DATE: APRIL 6, 2007 SUPERVISOR STEC-I will open this public hearing. I am not sure if maybe Chuck Rice the Facilities Manager wants to comment. I think most people are aware there is now sewer available coming up Bay Road all the way to the corner here. The Town off and on has had in the past some problems with the septic systems here on site. Chuck Rice has worked on this project the board has had a couple of workshops on it. This would be authorizing setup project not to exceed seventy nine thousand dollars to upgrade our sanitary sewer to tie into the existing sewer that is out on Bay. Chuck do have anything that you need to add, okay. If there are any members of the public that would like to comment on this public hearing if you raise your hand, I will take you one at a time. NO PUBLIC COMMENT SUPERVISOR STEC-Hearing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF TOWN COMPLEX UPGRADE OF SANITARY SEWER SYSTEMS CAPITAL PROJECT FUND #167 RESOLUTION NO.: 177, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury's Facilities Manager previously advised the Queensbury Town Board that due to failing leach fields, it is necessary to upgrade the existing sanitary sewer systems servicing the Town Office Complex, and WHEREAS, since there is now a municipal sewer main line capable of servicing the Town's facilities, it is requested that a forced main system be designed and constructed to properly remove sewage from the Town's property to this new municipal sewer main, and , WHEREAS such proposed project is anticipated not to exceed $79,000 and it is requested that this project be included as part of the Town’s Capital Improvement Plan and financed through the Capital Reserve Fund, and WHEREAS, the Town Board scheduled and duly held a public hearing on th Monday, April 16, 2007 concerning establishment of the Town Complex Upgrade of Sanitary Sewer Systems Capital Project, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 370 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Town Complex Upgrade of Sanitary Sewer Systems Capital Project, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Town Complex Upgrade of Sanitary Sewer Systems Capital Project Fund #167 which will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Capital Reserve Fund #64 in the amount of $79,000 to transfer to Town Complex Upgrade of Sanitary Sewer Systems Capital Project Fund #167, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Fiscal Manager to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 167-0000-55031 (Interfund Revenue) $79,000; and ? Expense Acct No. – 167-1620-2899 (Capital Construction) $79,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to amend the 2007 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Fiscal Manager to sign any necessary Agreements or documentation associated with such Project and take any and all action necessary to effectuate all terms of this Resolution. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 371 th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING – RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166 OPENED PUBLICATION DATE: APRIL 6, 2007 SUPERVISOR STEC-I will open this public hearing and this is something that has been talked about for a couple of years. John Strough has championed a lot of it including getting an RFP out. We have discussed this a couple of times including at a workshop of March 26. We did select from the bidders the bid on the design work we decided to go with who happened to be the low bidder it was Laberge. The project will be set up not to exceed seventy six thousand six hundred and sixty three dollars again, that is just the engineering portion. The public hearing is open. COUNCILMAN BOOR-Dan I am not sure if the public is aware of it, but in the resolution there is a or it has to do with which funds we would be considering pulling this from. Anybody who gets up and speaks and is familiar with the kinds of funds that the Town has in one instance we would be funding this through the Planning Department and the other would be Parks and Recreation. This board I don’t believe at this point has determined which fund we are going to use. If anybody has, a preference when they get up tell us what you think. COUNCILMAN STROUGH-I would suggest that we initiate this through the Planning Department because Stu is kind of a Special Project Manager. I think the Parks and Recreation Department is one, pretty busy right now. Two, they haven’t made a formal application to take this over although in talking to most of the commissioners they have looked upon the take over this bicycle trail as favorable. COUNCILMAN BREWER-Do they want to take it over after it is built. SUPERVISOR STEC-Are you recommending planning, any objections? Just for the purpose of anyone that may comment we had in the resolution an either/or that we needed to address. I think the board has agreed to express this will come from the expense account out of the Planning Department as opposed to out of the Parks and Recreation Department. Again, the engineering work seventy six sixty three as we move forward there will certainly be other resolutions to fund this it will likely come from capital reserve. This question tonight is Planning or Parks and Recreation I think we are choosing Planning. COUNCILMAN STROUGH-And if I may it includes more than designing and engineering. It includes applying for grant funding. It includes writing up construction and spec bids. It includes a follow-up of any construction company that does what we asked what the company to do in other words it is a follow-up so the seventy six thousand dollars is from beginning to end process. Actually, it is a very time consuming large project in its entirety so it doesn’t represent just engineering. SUPERVISOR STEC-True, thank you. Is there anyone that would like to comment? DR. MARK HOFFMAN, FOX HOLLOW LANE-I am generally supportive of bicycle and pedestrian enhancements including this project. I do want to express some concerns and I would like to make sure I am not sure if this engineer or designer has been given very explicit instructions in terms of what we expect or what we don’t expect. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 372 COUNCILMAN STROUGH-He has. Did you read my RFP? DR. HOFFMAN-No. SUPERVISOR STEC-It is pretty detailed. It says exactly what we want them to bid on exactly our vision of the scope of work. Certainly as they move forward, there will be other contact with the staff at the Town so it was pretty detailed. COUNCILMAN STROUGH-Using preexisting trail. Minimizing environmental damage, I could send you a copy of the RFP. SUPERVISOR STEC-It is a detailed process. COUNCILMAN STROUGH-Those are the things, as you know me, I also would be concerned with. DR. HOFFMAN-It is going to be going through some environmentally sensitive areas so we want to minimize any impact. Some of the areas are wooded areas that are fairly narrow between neighborhoods I would like to see that wooded buffer remain as much as possible as few trees as possible removed. Just in general I would like to see a minimalist approach not an overly aggressive kind of ram it through type construction. Also concerned about erosion some of the areas it will be going through will be hillsides there is some hilly terrain there. I know with respect to the schools cross-country trails that some of it was carved through hillsides I am concerned that we are already starting to see some erosion where that was constructed. COUNCILMAN STROUGH-But to answer those questions before you move on it does, it answers storm water issues. As a matter of fact, part of the route is being rerouted to make it more environmentally friendly. I think members of this board have taken every effort to do what you are trying to assure. There is nothing wrong with what you are saying, but I think you will feel better…. DR. HOFFMAN-I also want to encourage it to be as narrow as possible and also that materials chosen for it are as far as possible compatible with this scenic nature of the areas it will be going through. Thank you. SUPERVISOR STEC-Anybody else on this public hearing all right I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING ESTABLISHMENT OF RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166 RESOLUTION NO.: 178, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund #64 (Fund #64) for future Town project developments, and WHEREAS, in December 2006 the Town of Queensbury issued a Request for Proposals for Design Services for the Multi-Use Rush Pond Bicycle/Pedestrian Path, and REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 373 WHEREAS, four qualified professional firms submitted proposals for consideration th by the February 15, 2007 deadline, and th WHEREAS, at the March 26, 2007 Queensbury Town Board Workshop Meeting, the Town Board agreed to hire the Laberge Group as the lowest responsible and qualified bidder, and WHEREAS, the total estimated cost of the Project is seventy-six thousand six hundred sixty-three dollars ($76,663), and WHEREAS, this Project is proposed to be funded through a transfer from the Capital Reserve Fund #64 established by Resolution No. 322, 2001, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund #64 for such Project, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, 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 before any withdrawal is made from the Capital Improvement Project Reserve Fund, and WHEREAS, the Town Board scheduled and duly held a public hearing on th Monday, April 16, 2007 concerning establishment of such Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the establishment of a Capital Project Fund to be known as the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Capital Reserve Fund #64 in the amount of $76,663 to transfer to Rush Pond Bicycle/Pedestrian Path Capital Project Fund REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 374 #166, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Fiscal Manager to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Revenue Acct No. – 166-0000-55031 (Interfund Revenue) $76,663; and ? Expense Acct No. – 166-8020-2899 (Engineering) $76,663 – (Choose this Account if Planning Department will be overseeing this Project) and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager to amend the 2007 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further approves and authorizes engagement of the services of the Laberge Group for design of the multi-use Rush Pond Bicycle/Pedestrian Path for an amount not to exceed $76,663 as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Director of Community Development, Senior Planner, Director of Parks and Recreation and/or Town Fiscal Manager to sign any necessary Agreements or documentation associated with such Project and take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 375 NOES : None ABSENT:None PUBLIC HEARING - AMENDMENT TO TOP OF WORLD PLANNED UNIT DEVELOPMENT PRESENT DENNIS MAC ELROY ENVIRONMENTAL DESIGN AND JIM PHINNEY OWNER/APPLICANT OPENED PUBLICATION DATE: APRIL 6, 2007 SUPERVISOR STEC-The Town Board met in a workshop with the applicant concerning this PUD it is from 1984. There is some language in the PUD that both the Town and the Adirondack Park Agency would have to approve deviating from. Basically, in addition to some sequencing of the development the development density or actual final look won’t change it would be broken down into some sub phases of construction. Perhaps the only actual physical change is that there is a current access arrangement up there on Lockhart Mountain Road to the site that the PUD itself actually says as they build they want the access location moved to a different location. The applicant isn’t crazy about that would like to basically avoid doing that. I think they have talked to most of the neighbors the neighbors have indicated to them anyways that they feel that they would like to leave the access where it currently is and not move it. After the workshop with the board, I believe that the board is also in agreement that we have, no objections in fact would probably prefer to leave it where it is. Again, the PUD itself calls for relocating the access and in order to leave it the way it is we actually need to amend the PUD this would require the APA and the Town Board to endorse this suggestion. The public hearing is opened and I will turn it over to the applicant to make an initial statement or presentation and then we will take some public comment. COUNCILMAN SANFORD-Just one quick comment Dan. I know we agreed to move in this direction, but I am aware of a memo from our Attorneys to Stuart dated March 19 where they talk in terms of the procedure. I do talk in terms of a referral of the application to the Planning Board are we going to take that step? COUNCILMAN BOOR-We are not obligated. SUPERVISOR STEC-Right we are not obligated. I am sorry I thought we had decided that we are not obligated. I thought that we had opted not to send it to the Planning Board. COUNCILMAN BOOR-Typically we do but we are not obligated. SUPERVISOR STEC-We haven’t also there have been other instances where we haven’t sent it to the Planning Board, but typically we do. COUNCILMAN SANFORD-This memo doesn’t state that there is discretion that is the only reason I bring it up. SUPERVISOR STEC-I am glad you did in fact we do have discretion thank you for bringing that up. DENNIS MACELROY-Environmental Design I am with Jim Phinney the owner and applicant for this project. Dan you covered it pretty thoroughly as far as what we were seeking. The Top of the World is an existing PUD it has been in existence since the eighties received approvals from the Town and from APA. Two of those permit conditions involved the items that we are requesting a revision on tonight. I don’t know if it is necessary to go to the plan and refer to the different areas. The first item is related to an access road twelve hundred foot long access road, which would change the access to the project off of the Town Road, which is Lockhart Mountain Road. It would move it REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 376 approximately four tenths of a mile to the east. There was a variety of reasons that this first was put into play made a permit condition by APA the most significant of which is the fact that the project was originally going to be a timeshare it was going to involve timeshare ownership. It was felt that it was a better location to be able to control the access to the property because there were going to be a gatehouse and parking lot and what not and that was a better location. While it had been questioned in the past by a prior owner no changes had ever been made to eliminate that. Mr. Phinney now the owner of the project has done the research made the effort to move it forward to this point. Number one revision is the elimination of that twelve hundred foot access road leaving the access to the property as it is today. The second item is the phasing of the construction of Phase II. Phase II consists of ninety-three units to be built out over what was originally proposed as Phase II A, Phase II B, and Phase II C. Phase II A has been constructed Phase II B and C remains. What Mr. Phinney would like to do is break those remaining phases down into sub phases so that the amount of disturbance the amount of infrastructure that is constructed would be held to a minimum. Obviously, there are some economic reasons for that, but also it serves as a good response to minimizing the amount of disturbance and amount of clearing let us say area that is unstabilized at any one time. That is justification for requesting that so that within those sub phases the only work that would be done and the row that would constructed is that related to the specific sub phase as referenced on the plan. The plan that you received in your package and are part of the application will be refilled with the County replacing an existing plan that had shown the twelve hundred foot access road and the phasing as it was originally proposed. That’s why that package with that sheet D would simply replace one that currently exists was part of the original approval and therefore was filed with the County Clerks Office this one will replace that. COUNCILMAN SANFORD-Just one quick question. MR. MAC ELROY-Yes. COUNCILMAN SANFORD-Perhaps you could clarify. You just stated it, but it is not clear to me what the distinction would be whether it is a timeshare or not visa vie the access road in other words what is the relevance of that distinction? MR. MAC ELROY-As I understand it in going back to the files and talking to an APA Attorney who was involved back in eight two, eighty-three. It was thought that with a timeshare you would be dealing with many new users it wouldn’t be a resident who is familiar with where to do where to come from. The access to the property from 9L or the access to the property off of Bay Road. There was a thought to be that if that access was located as proposed that there would be a tendency to be able to control the access to that site. COUNCILMAN SANFORD-There wasn’t the anticipation of greater volume it was more familiarity. MR. MAC ELROY-Yes. COUNCILMAN SANFORD-That kind of a thing. MR. MAC ELROY-Yeah. As well as the fact that there would be a gatehouse and a controlled access and therefore a parking lot and that, location was more suitable than the area around the current access and intersection with Lockhart Mountain Road. COUNCILMAN SANFORD-Okay, thanks. COUNCILMAN BOOR-Obviously, I think most of us got a nice tour of the property with the owner and yourself. I certainly went to areas that I wasn’t familiar with before. I would have to say that both from a practical and philosophical standpoint I like what you are doing and proposing. With regards to the phasing and I know it might be helpful to the applicant relative to construction cost and stuff but from an environmental standpoint I don’t see an advantage to the Town or anybody when we are forced to clear- cut or take down more at any one given time than we are going to be building on. The REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 377 notion that you will build as economy allows you to in smaller phases I think it is good both from the view-shed standpoint and obviously from the economic standpoint of the owner. With regards to the road and I don’t know if it has been made clear for those in the audience. The road that is being eliminated is a road that has yet to be built I think that is an important point because I am certainly an advocate of not putting a lot of roads up mountains that don’t need to be there. The area that is suggested where this new road would go certainly I don’t believe is accommodating as the current access point is. It is hard to say how long it would take to reforest and to re-vegetate the road that would have to be removed the current road. I think from both a practical standpoint and a philosophical standpoint both of these changes that you are seeking are advantageous to both the community and you as the owner. I will fully support what you are proposing here and I hope the APA feels the same way. Thank you. COUNCILMAN STROUGH-I will concur with the points that Roger made. In addition, the neighborhood association, which was allowed to review this project, has blessed the proposal. It is in accord and the best wishes of the residents who live there so I will add that to what Roger said. Furthermore the APA has to review this project and I am sure they will do so will do diligence. I, too think that your proposals are reasonable and beneficial. SUPERVISOR STEC-The public hearing is opened if there is anybody that would like to comment on this particular public hearing. JOHN SALVADOR-Good evening, my name is John Salvador resident in North Queensbury. Mr. Sanford you raised the issue of time-share. COUNCILMAN SANFORD-The applicant actually raised it I had a follow-up question on that. MR. SALVADOR-Is this proposed to be some sort of a time-share? COUNCILMAN BOOR-No it was originally now it is owner occupied. MR. SALVADOR-Okay. The other question about people arriving trying to find the place I can tell you how that works they all stop at our place and ask directions. COUNCILMAN BOOR-Excellent. SUPERVISOR STEC-Is there anybody else that would like to comment. RONALD WOTHERSPOON –President of the Homeowners Association at Top of the World and have been a resident there since the beginning I bought in 1985…. Just so, it is on the record our entire board has totally endorsed the proposal that Jim has made here tonight for a lot of reasons. The road that is not going to be constructed hopefully would cause a dangerous intersection with the road coming out from Phase II and the main road that comes down now. People would still have to go straight through there and down because our garbage area is halfway between the road that comes across and the gate that we are using now. In addition, it would make I would think a difficult and dangerous turn from Lockhart Mountain Road when you intersect there. The people who live in our places come from the Albany area, New Jersey, Connecticut, Long Island they all go south on the Northway. They are not going to turn right and go over to Bay Road they are going to turn left and then right it makes it a more difficult travel for them to get to the Northway so we fully endorse the changes. SUPERVISOR STEC-Thank you sir is there anyone else. TOM JABAUT-I live right near where the propose road would come out. I will just support everyone else for the same reasons. It would come out between my house and Bill O’Dea’s house, he has given a letter of support as well all for the same reasons, and I just wanted to put that into the record. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 378 SUPERVISOR STEC-Appreciate that thank you sir any other public comment? Karen do you have anything to read. DEPUTY CLERK, O’BRIEN-Letter dated April 16, 2007 From J. W. O’Dea To Whom It May Concern: Please be advised that I cannot attend the meeting scheduled for this evening concerning the re-alignment and construction of a new access road to the “Top of the World” townhouses. As a resident and property owner on Lockhart Mountain Rd. I would like to express that I am opposed to the proposed new location of the access road. The proposed site would be adjacent to my property and feel it would create a traffic problem. If you have, any questions please feel free to contact me. Respectfully, J. W. O’Dea SUPERVISOR STEC-Any other comment I will close this public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING AMENDMENT TO TOP OF THE WORLD PLANNED UNIT DEVELOPMENT RESOLUTION NO. 179, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by prior Resolution, the Queensbury Town Board authorized development of the Top of the World Planned Unit Development, (PUD), and WHEREAS, by Town Board Resolution No.: 77, 1984, the Town Board approved the final design and construction phasing of the PUD, and WHEREAS, Lost Chalets, LLC wishes to: a) eliminate the proposed eastern access road between Lockhart Mountain Road and Phase II-A of the project, and b) break original Phase II-B and II-C down into smaller construction sub-phases, and WHEREAS, Lost Chalets, LLC needs Town Board approval to modify the PUD approval before the proposed changes may be submitted to the Adirondack Park Agency for its review and approval, and WHEREAS, before the Town Board may amend, supplement, change, or modify a PUD, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 379 WHEREAS, the Town Board duly conducted such public th hearing on Monday, April 16, 2007, heard all interested parties and considered the conditions and circumstances of the area affected by the proposed modification, and WHEREAS, the Town Board has reviewed the previous SEQRA determination on the original PUD and no modification to the previous Declaration is necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes modification of the Top of the World Development as delineated in the preambles of this Resolution and shown on the plan titled “Phasing Plan/Master Plan: Top of the World Phase II” and last revised on February 23, 2007, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator and update the official Town Zoning Map if necessary to reflect this modification such changes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals and the Town of Queensbury Planning Board, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of this change in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 380 RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD SUPERVISOR STEC-Our next two public hearings are both regarding sewer district extensions. We will be taking public comment on them and closing them hopefully this evening, but not acting because there is a thirty-day period before we can act on the th SEQRA. We will actually vote on these at a future Town Board Meeting likely May 7, Town Board Meeting. PUBLIC HEARING – PROPOSED SEWER DISTRICT EXTENSION NO. 9 CENTRAL QUEENSBURY QUAKER ROAD – JOHN DREPS BAY ROAD SUBDIVISION OPENED PUBLICATION DATE: April 6, 2007 SUPERVISOR STEC-Again, I will open the public hearing on this if people in the audience might have déjà vu on this one. We had previously conducted this public hearing closed it then acted on it. Then we discovered the next day that we had some notice issues that weren’t satisfied rather than let something go forward that wasn’t done exactly correctly we decided that the most prudent thing to do would be just to redo the public hearing. It is the same one that was proposed this subdivision off Bay Road Sewer District Extension No. 9. If Mike Shaw has anything, he wants to add do you have anything you want to add. DIRECTOR WASTEWATER, MR. SHAW-No. SUPERVISOR STEC-All right. Mike Shaw is here if there are any questions. Is there anyone from the public that would like to comment on this public hearing, again Sewer District Extension No. 9 the Dreps Subdivision on Bay Road just north of Lowes? NO PUBLIC COMMENT ACTION TO BE TAKEN IN MAY PUBLIC HEARING CLOSED SUPERVISOR STEC-We won’t take action on it tonight, but we will bring up SEQRA and the resolution to approve this at our first regular meeting. PUBLIC HEARING – LUZERNE ROAD SEWER EXTENSION QUEENSBURY TECHNICAL PARK OPENED PUBLICATION DATE: APRIL 6, 2007 ENGINEER TOM JARRETT – JARRETT-MARTIN ENGINEERING PRESENT SUPERVISOR STEC-This one the Town Board has discussed on and off for the last few months in workshops. Again, I am not sure if Mike Shaw wants to address anything. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 381 The synopsis of this is that presently there is sewer that is available on Luzerne Road near West Glens Falls Fire Station No. 1. There is a private developer that has an approved apartment complex on the corner of Pine and Luzerne that he is required by his site plan approval to provide sewer so he had a sewer project anyways. Then a little bit further to the west as hopefully everyone is aware the connector road the Rescue Squad Building is going in and there is going to be connector road between Main Street and Luzerne. With the cooperation of EDC and the private developer and the Rescue Squad, I guess that’s it funding has been secured to help bring it beyond what the private developer needs down to where the connector will be and down the connector road a little bit. This is that Technical Park Sewer Extension the private developer will pay based on the linear footage his prorated share. Beyond his needs that will be funded by EDC, QEDC, and a portion of grant funding for economic development through Theresa Sayward’s Office, Mr. Jarrett do you have anything to add. MR. JARRETT-Well explained. SUPERVISOR STEC-I try to stay on top of things I appreciate it. That is two engineers that think I pay attention. MR. JARRETT-I could add one thing there is one property owner near Western Avenue that wishes to join this district. They reside along an area of Luzerne Road that already has sewer, but they are not in the district. SUPERVISOR STEC-We could add them later on. MR. JARRETT-They are drawn in they are in the report. COUNCILMAN BOOR-It is contiguous with an existing. MR. JARRETT-Yes. COUNCILMAN BREWER-Where are they Tom? MR. JARRETT-They are just west of Western Avenue right now. It is the Laconia Realty property it is in the report that half of their parcel was in the district and half of the parcel was not there were two old parcels that were joined one half was not in so we wrote them into the district right now. COUNCILMAN BOOR-So they are included in the map? SUPERVISOR STEC-They are in the map. I will note it on both this one, the one before obviously Mike Shaw reviewed the Map, Plan, and Report, and our Town Counsel has reviewed the Map, Plan, and Report as well. I will open the public hearing if there are any members of the public that would like to comment on this just raise your hand. PLINEY TUCKER-DIVISION ROAD-This is going across the service road, right? SUPERVISOR STEC-Right. It is coming down the….. MR. TUCKER-I understand that my question is and I was just wondering is that going to go all the way to the Corinth Road and hook into the sewer going up the Corinth Road? SUPERVISOR STEC-I will let Tom answer that. MR. TUCKER-Is there any need too? MR. JARRETT-It does not and there is no need for this project to do that that is correct. COUNCILMAN BOOR-He has it right in front of him Pliney if you want to look at it, it is right there. SUPERVISOR STEC-It is literally going to dead-end. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 382 MR. TUCKER-I was just wondering water lines and stuff they like to…. SUPERVISOR STEC-Not with this. MR. TUCKER-Thank you SUPERVISOR STEC-Any other public comment on this public hearing. PAUL NAYLOR, DIVISION ROAD-That takes care of all City Park, too? MR. JARRETT-The Industrial Park? MR. NAYLOR-Yeah, are they going to be able to pick that up? SUPERVISOR STEC-They are already sewered Paul. MR. NAYLOR-It’s all done. I know is it going to be able to pick up all the businesses they are going to put in there. MR. JARRETT-Yeah. MR. NAYLOR-What size line is it? MR. JARRETT-This is a ten-inch line. SUPERVISOR STEC-Yeah, it is pretty big. MR. JARRETT-Very good size. MR. NAYLOR-It should do it it all runs downhill. MR. JARRETT-It is a good point that Mr. Naylor brings up the sewer is extended out to the Northway in ten inch size at minimum grade so it can be extended further to the west in the future if need be. SUPERVISOR STEC-I know that is important to us long term… MR. NAYLOR-How far can it go? MR. JARRETT-Don’t know off hand, but it can be extended further. MR. NAYLOR-How deep are you going to be there. MR. JARRETT-Fourteen feet or so roughly. MR. NAYLOR-At the firehouse? MR. JARRETT-The extension will be roughly fourteen feet. MR. NAYLOR-You ought to go all the way up through. MR. JARRETT-Probably sixteen feet. MR. NAYLOR-All the way up to Van Dusen Road pick up all of that area, thank you. SUPERVISOR STEC-Thank you. Any other public comment all right I will close this public hearing. Again, we will not act on this but likely, on May 7 we will act on it. PUBLIC HEARING CLOSED ACTION TO BETAKEN IN MAY REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 383 SUPERVISOR STEC-Mr. Jarrett thanks. I know that you have been trying to accommodate a lot of different parities in this and we are glad you were able to do this in a timely manner because it benefits a lot of different parties. MR. JARRETT-Thank you. 3.0 CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisor Report for Community Development and Building and Codes for March on file in Town Clerk’s Office 4.0 RESOLUTIONS FROM THE FLOOR COUNCILMAN SANFORD-One item, I am not going to do it as a resolution from the floor, but I will talk about it in Town Board discussions. I actually had an opportunity to talk briefly with you on it earlier Dan that has to do with… SUPERVISOR STEC-The wetland delineation. COUNCILMAN SANFORD-Yes along Meadowbrook Road so why don’t we hold off on it. SUPERVISOR STEC-Do you want to hit it in discussions though. COUNCILMAN SANFORD-In discussions it is something that we may eventually want to deal with. SUPERVISOR STEC-I think you got a fair idea. 5.0PRIVILEGE OF THE FLOOR JOHN SALVADOR-Spoke to the board regarding his concern for the Crandall Library Improvement District. The invitation to bidders for additions and renovation to the library the bids being due in the next ten days the latest April 26, obtained one set of drawings and specifications. There are a hundred and fifty five drawings and at least one thousand pages of double-sided specifications for the project. The drawings and specifications are not representative of the 2005 referendum to renovate the district existing library building noting the real significance of the contents of the package is that the word “district” and references thereto does not exist on any of the bid documents. Read from the Enabling Legislation Section 90. The 2005 ballot proposition was headlined a Library Renovation Project where the library renovation project proposition No. 2 was being proposed by the Crandall Public Library District not the Crandall Public Library. Spoke regarding bonding of a Special District Public Library and the ballot proposition that was voted on. SUPERVISOR STEC-Encouraged Mr. Salvador to make these same points known to Crandall Public Library. MR. SALVADOR-It is very difficult to communicate with the Crandall Public Library. DR. HOFFMAN-Fox Hollow Lane. Spoke to the board regarding the water project on Meadowbrook Road concerned noting there is an issue in terms of the County doing some road. SUPERVISOR STEC-It is a different stretch. This water project is south of Quaker Road between the City line and Quaker Road that neighborhood in there it is not the other side of Quaker. COUNCILMAN SANFORD-Wilson, Sargent, Cline. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 384 DR. HOFFMAN-Asked to consider incorporating pedestrian bicycle access to any type of road renovation or infrastructure renovation. The entire stretch of it has become one of the most densely populated areas in the Town of Queensbury. It would be a travesty if a lot of time and effort was expended and money was expended to do infrastructure and road construction without incorporating bicycle and pedestrian improvements at the same time. SUPERVISOR AT LARGE NICK CAIMANO-Presented Board members with handout regarding presentation that was made to the board regarding the Semans Project at the Westmount Nursing Home owned and operated by the County. Gave board members reports that they received from Clough Harbour and the Accountant McCarthy, Conlin regarding what was done at Westmount, and the Semans project the net result is two hundred and nineteen thousand and forty-six dollar to the good for the county. COUNCILMAN SANFORD-Read article noting it was concerning when everybody looks at the outrageous cost of Medicaid and the burden it places on everyone that the justification or explanation that is quoted in the paper for a cost savings has to do with a Medicaid methodology allows for pass through capital costs. That to me is not being honest with the reality that Medicaid is out of control, this is further adding to that out of control expenditure of Medicaid, and when it is convenient it is justified as a cost savings to a particular political subdivision or in this case this particular project. I just want to go on record as saying without knowing the details that kind of an explanation does not sit very well with me at first blush. SUPERVISOR AT LARGE NICK CAIMANO-Nobody is more irritated by the continuing upward swing of Medicaid costs than I am. Medicaid pays us 1983 rates of a hundred and twenty five dollars per patient per day. What Medicaid said to us and this was not the only justification for this project is we will increase that payment to a hundred and thirty seven dollars per day. The actual cost is a little over two hundred dollars a day. By increasing it from one twenty five to one thirty seven what we are going to get from Medicaid of which the County pays only ten percent we have reduced the burden on the County taxpayer between those two numbers. What is totally forgotten in this whole project as far as I know for the near future we are going to be in the nursing home business we have to replace the equipment, which is many many years old. We have been replacing it piece meal it has been coming out of the taxpayer pocket. We were looking for a way to be able to afford this so the taxes would become budget neutral to us. I understand what you are saying, but look at it in another way if you are driving a car and that car is getting eighteen miles to the gallon and somebody says to you for twenty thousand dollars I can give a hybrid car that will get you sixty miles to the gallon. Number one you are going to get the environmental and the gas savings on it and number two you are going to get a twenty five hundred dollar discount from your tax. People would say twenty thousand minus twenty five hundred is seventeen five for that car and I am going to get sixty miles to the gallon verses eighteen that’s the kind of thought process that went in. COUNCILMAN SANFORD-The efficiency issue is key and I have not done the numbers yet. Medicaid with instructional providers utilizes cost base reimbursements. The problem with that if you structure your business models on a cost base reimbursement you are rewarded for having higher costs you are rewarded for basically not being efficient. You have that in your hospital environment, your Article 28 D&T’s and you have it in your nursing home model. What, I understand you are recouping through cost base mythologies high expenditure for this system of energy generation that is being paid for by Medicaid, which is being paid for by taxpayers. I don’t like the segregation of saying County taxpayer’s verses State taxpayers we are all taxpayers. I think we should all strive to not build our business models on an inefficient antiquated system of cost base methodologies we should strive for true efficiencies. MR. PAUL DAVIDSON-PICKLE HILL ROAD, NORTH QUEENSBURY-Chairman of the Board of Assessment Review. Spoke to the board regarding last meeting a statement from the floor regarding the current makeup of the board and what should be done to address it thinks it left the public misinformed as to the status. The statement was there REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 385 were some vacancies caused by resignations there is no chairperson and the Town Board needs to fill these vacancies expeditiously. It is imperative they do not select realtors because there were problems. I would like to address those issues individually. Currently after tonight when Brian Clements is reappointed to his expired term you will have four board members. According to the Real Property Services in New York State, a Board of Assessment Review may consist of no less than three and no more than five members. Having four members constitutes a quorum it is up to the board if they want a fifth that is your call to appoint another member. Regarding the Chairmanship according to the Real Property Services the Chairperson is selected by the Board of Assessment Review themselves it is not an appointed position. I have been selected at the Chairman we have a Vice Chair person. Regarding criteria of who can and cannot serve on the board. Other than residency, there are not a lot of requirements. Members of the legislative body that makes the appointments cannot be part of the Board of Assessment Review. Other than that, the Town Assessor no one who works for the Town Assessors Office can be on the Board of Assessment Review. There are no requirements of what profession they come from. We have had Doctors, Lawyers. Realtors, Mortgage Officers, Engineers, Contractor, people from all walks of life. I do not know what the issue is with realtors my advice is that you always have somebody with some type of real estate background on the board it is a good thing. We have had two members since I have been on the board and I am in my fourth term that were in the real estate business and whenever there even an appearance of a conflict they stepped aside and didn’t deliberate it is noted on the forms whether a person has stepped aside. If you choose to select someone to serve on the board thinks the most important thing is other than having a good knowledge of the Town of Queensbury is that you select people that do not bring to the board a personal agenda or they are not affiliated with a group that may have a group agenda. We serve on that board to serve the whole community not a part of the community we are all taxed based on the value of the property that we own. Our only job is not to determine what your taxes are it is just to determine if the Assessor has done a fair job assessing the properties. Is thankful that we have a very professional staff Ms. Otte and her group it is a privilege and pleasure to have worked for many years with her and her staff and the people that I serve with on the board. SUPERVISOR STEC-Thanked Mr. Davidson for being a member of the Board of Assessment Review. PLINEY TUCKER, DIVISION ROAD, QUEENSBURY-Spoke to the board regarding Resolution Authorizing Settlement of Article 7 Real Property Assessment Case Wal Mart asked what was involved. SUPERVISOR STEC-It is a half a million-dollar reduction for the 2006. MR. TUCKER-Richest Company in the world. COUNCILMAN SANFORD-Largest Company in the world. MR. TUCKER-Richest. Spoke to the board regarding his petition that was filed regarding formation of a library in Queensbury. Asked Supervisor Stec to put this in a form of a resolution telling him why you will not recognize it so everyone on the board will be involved. SUPERVISOR STEC-I am not going to do it tonight I will talk it over with the board to see what their pleasure is. MR. TUCKER-Asked if they could talk about the library in a workshop? SUPERVISOR STEC-Recommended him speaking to the Crandall Library Board of Trustees. COUNCILMAN BOOR-Stated some members of the board took a very strong stand on language we thought was appropriate at the last election it was very clear the library wasn’t interested in our recommendation. As a board, we are limited to what we can and cannot do. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 386 COUNCILMAN SANFORD-Recommended the Library Board having a joint session with the Town Board. Believes in full disclosure and people being informed so they know how to cast an intelligent vote the library didn’t agree with my position on that. The other issue has to do with how the Town is allocating their share of the expenses how we take on our share of the expenses vis-a-vis Glens Falls and Moreau there are issues that any responsible local government not just Queensbury, but the other ones should be concerned about. To the degree, that we may be counted disportionate to the other community’s means that the taxpayers of Queensbury are overpaying possibly we do not know that unless it is reviewed and audited. The only people that are looking at it according to Mr. Merrill is the library. That to me doesn’t look like an independent evaluation there are a number of issues that we could discuss if the library had an interest to do so. MR. TUCKER-Strikes him different when you say you have no control. SUPERVISOR STEC-There is a State Legislature that set it up noting Mr. Tucker was on the board probably when they set it up. There is a Board of Trustees with their own by- laws and rules and elected members from the Town. This has been setup and put in motion fifteen years ago. Any information or answers you are going to get or satisfaction you are going to get from the board has been exhausted. It is not because we are not interested it is because whatever we can do we have tried to do. If you have an issue with the Crandall Library you have to talk to that Board of Trustees, they are the ones who can help you the most. PETER BROTHERS-Spoke regarding the library concurs with what Councilman Sanford was saying. The one thing that still needs to be addressed regarding the library is the Town of Queensbury’s credit being lent to the Glens Falls IDA to get it on the ballot and the disclosure questioned if there was a full board discussion regarding this. SUPERVISOR STEC-It is a couple of years ago that you are talking about. There was a joint meeting between the City, Town, and Town of Moreau and Crandall Library. MR. BROTHERS-Does not think the Town was well served in those discussions there was not much concern with regard to the fiscal responsibilities this is very unfortunate. 6.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER-Thanked the Highway Department for the job that they did regarding cleanup from the storm. Thanked the West Glens Falls Fire Company regarding there help with an issue they had on Grant Avenue noting the Highway Department is well aware of it they are working to resolve the problem. COUNCILMAN STROUGH-Glad to see the Town Board in his absence met and discussed the Ethics Code and further hammered out some of the language they are more comfortable with, which is now ready for public hearing. Read schedule for the spring pickup that the Highway Department is conducting. COUNCILMAN SANFORD-Spoke to the board regarding storm water concerns noting he has been receiving many calls lately has been sending emails out to board members so they can be up to date, these are Ward 2 issues are sure there are also water concerns in other areas of the Town. We are going to be readdressing the culvert problem running from Homer Avenue to Quaker Road. The involved parties are in litigation that stalled us. We were waiting to see if they could work out their legal differences, but appears this is going nowhere. At this particular point in time based on the feedback residents in my Ward feel, they are being affected by the problems that are there not just the parties that are in litigation. I talked to Dan today about it we are setting up another meeting with the commercial property owners there are three of them during that meeting we are basically going to work to solidify a solution. If we cannot reach one, I am going to be asking for this boards support to pursue it legally. We cannot allow it to drift as more and more people seem to be adversely affected by the drainage issues along that whole area. I am talking about people from Garrison north, Homer, and Meadowbrook. Spoke to the REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 387 board regarding Meadowbrook Road. In my opinion, there is a real need for a comprehensive review and reexamination of the wetland delineation along the whole stretch at least from the Girls Scouts up to Havilland Road. The problem with this is timing right now, we have some applications or are going to be put in front of the Planning Board. If the Town wants to look at this in a responsible way, we have to do this reexamination of wetlands so intelligent decisions can be made. The DEC delineations are probably decades old there has been considerable construction that has taken place during that period of time so the actual areas they had earmarked as wetlands may no longer be applicable. I have pictures and I asked Mr. Frank who was kind enough to go take additional pictures today. The site in question just south of the Waverly Place was surrounded by water has cattails on most of the property they are hoping to put an office building there it is unlikely if not impossible to maintain storm water on that site along these things pursed this legally. The Town Board if we move on this we would have to pass a resolution make law to conduct this comprehensive study. The other approach would be for the Planning Board to take action in keeping with the application and make sure that the study be conducted prior to taking action on the application. The Planning Board has this application in front of them tomorrow asked the board for input. My preference would be to wait and see if following tomorrows meeting with the Planning Board if they do this. If they do this then we can make sure I have already talk to our engineer he is willing to do the work we can get the study done and see what it reveals. If there is, reluctance for the Planning Board to move in this direction would encourage and urge that this board adopt a local law calling for a comprehensive management study of water flows, wetlands, flood plains that kind of thing. COUNCILMAN BREWER-Questioned if DEC is responsible for delineating and flagging wetlands or the Army Core of Engineers. COUNCILMAN SANFORD-DEC is they need to be requested to come in and look at this. Our engineer feels that they would be probably more than willing to do it; my concern is I would like an objective independent analysis of it. COUNCILMAN BREWER-Asked how routinely do they delineate them? COUNCILMAN SANFORD-They will do it on that basis. There is an application coming full steam ahead I think we could do it in six weeks, but by then that application may be approved and we may be adding further problems to that flood plain. COUNCILMAN BREWER-Asked if they could predicate their approval based on the findings from DEC? COUNCILMAN SANFORD-Is suggesting that it be tabled pending. The sequence of the application it has already been in front of the Planning Board on a couple of occasions. COUNCILMAN SANFORD-Attended the meeting noting the Planning Board showed a lot of concern over storm water issues as well as the neighbors. There was a discussion of having a comprehensive study for that part of Meadowbrook area down to the Girls Scout Camp, thinks this board fully supports the study. COUNCILMAN BOOR-Thinks it is important for people to realize sometimes it is not obvious that when storm water is created it needs to be kept on the property. Stated he has received calls from Ward 4, Michaels Drive where people who have lived there for twenty years and have had dry cellars are now experiencing water in their cellars. As we develop, the reality is that we displace water. At some point in time, comprehensive studies have to be taken we do need to take a comprehensive look at some areas where we know problems exists. The point he was trying to make was he does not want to send an applicant down a road spending a lot of money when it is clear perhaps we are not going to entertain building on a parcel. Recommended getting together with property owners on the Homer Avenue side. SUPERVISOR STEC-Councilman Sanford and myself have had some meetings in the past with them certainly, if the board wants to be involved has no problem continuing with that. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 388 COUNCILMAN BOOR-Thanked Fiscal Manager, Barbara Tierney, for the answers she gave him regarding bonding issues regarding a resolution. SUPERVISOR STEC-Thanked Glens Falls National Band and TV 8 for sponsoring the televising of the Town Board Meetings also noted the Towns website www.queensbury.net. Thanked the Highway Department and Fire Companies for the work they did regarding the cleanup of the storm. Spoke regarding the drainage issues on Meadowbrook Road and Quaker Road, Garrison Road noting the Town Engineer has been looking at this. In addition, the Town Engineer has been working on a plan regarding Morse Fields. Congratulated Highway Superintendent, Richard Missita on his retirement. On behalf of the whole board thanked him for the job that he has done. 7.0RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF ROSICK WELL DRILLING COMPANY FOR WELL DRILLING SERVICES AT THE TOWN OF QUEENSBURY RIDGE/JENKINSVILLE PARK RESOLUTION NO.: 180, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury Recreation Commission requested proposals from well drilling firms for well drilling services at the Ridge/Jenkinsville Park site, and WHEREAS, proposals were received and reviewed by the Town Recreation Commission and the Town’s Director of Parks and Recreation, and WHEREAS, Rosick Well Drilling Company submitted a proposal in the amount of $19,060.85 and it too was reviewed by the Town’s Recreation Commission and Director of Parks and Recreation, and WHEREAS, Rosick Well Drilling Company’s proposal was the lowest submitted bid proposal, and WHEREAS, the Director of Parks and Recreation has advised the Town Board that the drilling proposals were based on drilling down 100’ but in the event that the wells go deeper than 100’, then the cost for such services will increase by $32 per foot and therefore, a Change Order may become necessary for such Contract and therefore the Director has requested that the Town Board also authorize him (only after notifying the Recreation Commission Chairman) to approve and sign such a Change Order for up to a 5% contingency for a Change Order that he deems necessary or appropriate, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 389 RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Rosick Well Drilling Company to perform all necessary well drilling services at the Ridge/Jenkinsville Park for an amount not to exceed the lump sum fee amount of $19,060.85 as recommended by the Town Recreation Commission, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Director of Parks and Recreation to approve and sign Change Orders pertaining to the Contract as delineated in the preambles of this Resolution up to a 5% contingency or in the total amount not exceeding $953 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from the Ridge/Jenkinsville Park Improvement Project Account No.: 138-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary forms or agreements related to this project and further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION SETTING HEARING ON GLENS FALLS KNIGHTS OF COLUMBUS’ APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING ITS PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 181, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 390 WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, the Glens Falls Knights of Columbus has submitted its second § application to the Town Board for a variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect its property located at 989 State Route 9 to the Town of Queensbury’s Route 9 Sewer District due to continuing financial constraints and the Applicant states that the current septic system is relatively new and has a series of big tanks with 500’ of leach field from a 13 Hold D Box, as more fully set forth in the Applicant’s application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th May 7, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Glens Falls Knights of Columbus’ sewer connection variance/waiver application concerning its property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1-22), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION AUTHORIZING ADIRONDACK NAUTILUS, LTD. TO HOST 5K RACE(S) RESOLUTION NO. 182, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 391 WHEREAS, Adirondack Nautilus, Ltd., has requested permission to conduct two (2) 5K races (runs/walks) as follows: SPONSOR : Adirondack Nautilus, Ltd. EVENT : 5K RACE (RUN/WALK) th DATE : Saturday, May 19, 2007 - 9:00 a.m. th Saturday, August 11, 2007 – 8:00 a.m. PLACE : Beginning at Queensbury Racquet Club/ Adirondack Nautilus on Glenwood Avenue, north on Bay Road to Adirondack Community College and returning to Adirondack Nautilus. The run will be conducted on the east side of Bay Road and will return on the west side of Bay to Glenwood Avenue. (Letter regarding location of run attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Nautilus, Ltd. to conduct two (2) 5K races (runs/walks) in the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves these races subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the races, and BE IT FURTHER, RESOLVED, that these races shall also be subject to the approval of the Warren County Superintendent of Public Works. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING PLACEMENT OF CANOPY ON TOWN COURTHOUSE LAWN FOR USE BY ADIRONDACK NAUTILUS LTD. RESOLUTION NO.: 183, 2007 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 392 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Adirondack Nautilus, Ltd., has requested permission to place a canopy thth on the Queensbury Courthouse Lawn, Glenwood Avenue, on May 19 and August 11, 2007 for the conducting of its Open House and Annual 5K Races, and WHEREAS, Adirondack Nautilus, Ltd., has provided certificates of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Adirondack Nautilus, Ltd., to place a canopy on the Queensbury Courthouse Lawn, Glenwood Avenue, thth on May 19 and August 11, 2007, and BE IT FURTHER, RESOLVED, that the Town Board further directs that Adirondack Nautilus, Ltd. shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’ Facilities Manager after each event. th Duly adopted this 16 day of April, 2007 by the following vote: AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES: None ABSENT :None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. :184, 2007 INTRODUCED BY Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. John Strough WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire three (3) temporary Laborers to work for the summer for the Town’s Highway Department, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 393 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of three (3) temporary Laborers to work approximately 18 weeks for the Town Highway Department commencing in May, 2007, and BE IT FURTHER, RESOLVED, that such temporary employees shall be paid $12 per hour as set forth in Town Board Resolution No.: 620,2006 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Fiscal Manager and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR BOSS HOSS CYCLES & TRIKES OF STAMFORD RESOLUTION NO.: 185, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, Boss Hoss Cycles & Trikes of Stamford has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market th th License to conduct a transient merchant market from June 7through June 9, 2007 at 1468 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2007 application depicts the same level of operations as approved REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 394 with the applicant’s 2006 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior application(s) and recommended approval of the prior application(s), NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Boss Hoss Cycles & Trikes of Stamford (Applicant) to conduct a transient merchant market located at 1468 State Route 9, Queensbury, subject to the following: 1. Applicant must pay all fees as required by Town Code Chapter 160; 2. Applicant must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Applicant must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; thth 4. The License shall be valid only from June 7 through June 9, 2007 from 8:30 a.m. to 4:30 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. The Applicant must comply with all regulations specified in Town Code §160-8. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF CHEVROLET SILVERADO 1500 WORK TRUCK FOR USE BY TOWN WATER DEPARTMENT RESOLUTION NO.: 186, 2007 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 395 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that the Water Department wishes to replace an existing vehicle by purchasing one (1) 2007 1/2 ton Chevrolet 4x2 extended cab pickup truck for use by the Town Water Department, and WHEREAS, the Town’s Fleet Committee approved this vehicle purchase request and such proposed purchase has been budgeted in the 2007 budget, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62883, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Water Superintendent’s purchase of one (1) 2007 1/2 ton Chevrolet Silverado 1500 extended cab, short box work 4x2 pickup truck from Hoselton Chevrolet , Inc., of East Rochester, New York in accordance with New York State Contract #PC62883 for an amount not to exceed $16,144.00 to be paid for from funds budgeted in the current year from Account No.: 40- 8340-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None RESOLUTION AWARDING BIDS FOR PURCHASE OF WATER PIPE AND WATER CONNECTION MATERIALS TO BE USED ON THE TOWN OF QUEENSBURY’S CONNECTOR ROAD WATER PROJECT RESOLUTION NO. 187, 2007 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 396 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of water pipe and water connection materials to be used on the Town of Queensbury’s Connector Road Water Project, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed all received bids and have made their bid award recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bids for the purchase of water pipe and water connection materials to be used on the Town of Queensbury’s Connector Road Water Project to the lowest responsible bidders in each category and from the respective accounts as follows: SUCCESSFUL BID ACCOUNT BID ITEM BIDDER AMOUNT TO FUND PURCHASE 1. Hydrants Vellano Bros., Inc. $2,904. 40-8340- 2899 2. Valve Boxes Vellano Bros., Inc. $ 195. 40-8340-2899 SUCCESSFUL BID ACCOUNT BID ITEM BIDDER AMOUNT TO FUND PURCHASE 3. Iron Pipe Vellano Bros., Inc. $27,752.22 40-8340-2899 4. Valve, Sleeves, Tees EJ Prescott $ 3,915.85 40-8340-2899 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Sanford, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 397 ABSENT:Mr. Boor RESOLUTION AUTHORIZING AWARD OF BID FOR MEADOWBROOK ROAD AREA WATER MAIN REPLACEMENT PROJECT RESOLUTION NO. 188, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Richard Sanford WHEREAS, by Resolution No. 493, 2005 the Queensbury Town Board authorized engagement of C.T. Male Associates, P.C. (C.T. Male) for engineering and survey services concerning the replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street and Cline Avenue in the Town of Queensbury (Project), and WHEREAS, by Resolution No.: 175,2006, the Town Board authorized engineering services outside the original scope of C.T. Male’s Services due to Project changes, and WHEREAS, by Resolution No.: 308,2006, the Town Board authorized such Project, and WHEREAS, C.T. Male prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No.’s: 493,2005 and 175,2006, and WHEREAS, by Resolution No.: 404,2006, the Town Board authorized such advertisement for bids and bids were opened, and WHEREAS, by Resolution No.: 498,2006, the Town Board rejected the received bids as they were higher than expected, and WHEREAS, the Town’s Water Superintendent and C.T. Male recommended that the Town Board authorize the re-advertisement for bids, and WHEREAS, by Town Board Resolution No.: 119,2007 the Town Board authorized the re-advertisement for bids for the Project and the Town Purchasing Agent and C.T. Male duly followed the proper procedures for bidding such work on behalf of the Town, and th WHEREAS, on April 5, 2007, the Purchasing Agent duly received and opened all bids, and REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 398 WHEREAS, C.T. Male, the Purchasing Agent and the Water Superintendent have recommended that the Town Board authorize awarding of the bid to the lowest , responsible bidder, Casale Excavating, Inc., for an amount not to exceed $552,643.37 and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for replacement of water mains along Meadowbrook Road, Sargent Street, Wilson Street and Cline Avenue in the Town of Queensbury (Project), from the lowest responsible bidder, Casale Excavating, Inc., for an amount not to exceed $552,643.37, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Contract between the Town and Casale Excavating, Inc., in form acceptable to the Town Supervisor, Water Superintendent, Town Fiscal Manager and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $27,632 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from Account No.: 160-8340-2899, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 399 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Town Fiscal Manager and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION ESTABLISHING PRINCIPAL REDUCTION POLICY FOR BOND PAYMENTS ON PUBLIC IMPROVEMENT WATER TRANSMISSION ENHANCEMENTS SERIAL BONDS RESOLUTION NO.: 189, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Resolution, the Queensbury Town Board established Capital Project Fund No. 141 to fund the design and construction of transmission enhancements to the Town of Queensbury’s water system and established initial appropriations and estimated revenues for Capital Project Fund No. 141 in the amount of $3,020,000.00, and WHEREAS, Public Improvement Serial Bonds were issued in 2003 in the amount of $2,880,333.00 to be repaid proportionately by Water Funds #40 and #47 over 20 years with a final payment to be made in September of 2023, and WHEREAS, construction of such water transmission enhancements has been completed, and WHEREAS, unexpended bond proceeds in the amount of approximately $1,112,341.00 remain in the Capital Project Fund No. 141, and WHEREAS, it has been determined after the Town Fiscal Manager’s consultation with Fiscal Advisors, the Town’s Financial Advisor on this bond issue, that such unexpended proceeds should be used to reduce the annual principal payment of the Water Enhancement Bonds issued, and WHEREAS, the Town Board wishes to offset the annual principal payment over the life of the bond, REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 400 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the Water Enhancement Public Improvement Bond 2003 annual principal payment from Water Funds #40 and #47 be reduced by funds from Capital Project Fund #141, such amount to be determined by dividing the monies available in the Water Enhancement Bank Account by the amount of payments remaining on the life of the bond, with the calculation to be performed annually by the Town’s Fiscal Manager or Accountant to determine the next fiscal year’s payment using the March 31 bank balance of such account, and BE IT FURTHER, RESOLVED, that the unexpended funds from this bond issue shall be maintained in a segregated defeasance account with an annual interest rate not to exceed 4.1%APR with such account to be maintained by Glens Falls National Bank or its successors, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Fiscal Manager or Accountant to adjust amounts used from this fund to offset principal payments as necessary to maximize use of said funds and minimize the unexpended balance at the end of the term of the bond, and to amend the project budget annually to reflect use of interest earned on bank accounts for principal reduction payments, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes appropriation code 141- 9710-6010 Bond Principal and amends the Capital Budget by reducing available appropriations in Account No.s: 141-8340-2899 –Capital Construction, 141-8340-4400 – Misc. Contractual, 141-8340-4403 – Engineer Surveyor and 141-8340-4417 – Contingent Account and increasing appropriations in 141-9710-6010 – Bond Principal, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Fiscal Manager and/or Accountant to take such other and further actions as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 401 th Duly adopted this 16 day of April, 2007 by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION REAPPOINTING BRIAN CLEMENTS TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 190, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with the New York State Real Property Tax Law, and WHEREAS, the term of Board of Assessment Review Member Brian Clements recently expired and Mr. Clements has expressed interest in being re-appointed to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby re-appoints Brian Clements to serve as a member of the Queensbury Board of Assessment Review with his term to th expire September 30, 2011 in accordance with New York State Real Property Tax Law §523. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION APPOINTING LORI O’SHAUGHNESSY AS RECREATION PROGRAM SPECIALIST ON A PERMANENT BASIS RESOLUTION NO. 191, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 402 WHEREAS, by Resolution No.: 552,2005, the Queensbury Town Board appointed Lori O’Shaughnessy as Recreation Program Specialist on a provisional basis until such time as Ms. O’Shaughnessy passed the Civil Service exam for the position and successfully completed a six month probation period, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Ms. O’Shaughnessy successfully passed the Warren County Civil Service exam for the position, and WHEREAS, Ms. O’Shaughnessy also successfully completed her six month probation period and therefore the Town Board may appoint Ms. O’Shaughnessy on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Lori O’Shaughnessy to the position of Recreation Program Specialist on a permanent basis th effective April 16, 2007, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007 by the following vote: AYES : Mr. Strough, Mr. Brewer,Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT:None RESOLUTION APPOINTING MICHAEL TRAVIS AS TOWN HIGHWAY SUPERINTENDENT RESOLUTION NO. 192, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Richard Missita, Town of Queensbury Highway Superintendent, has th submitted his resignation effective April 20, 2007, and REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 403 WHEREAS, the Mr. Missita has recommended that the Queensbury Town Board authorize the appointment of current Deputy Highway Superintendent Michael Travis as Highway Superintendent to finish out Mr. Missita’s term of office, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Michael Travis as st Town Highway Superintendent effective April 21, 2007 (immediately upon current Highway Superintendent Richard Missita’s resignation) at an annual salary of $59,000, and BE IT FURTHER, RESOLVED, that such appointment shall expire December 31, 2007, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Town Clerk and/or Town Fiscal Manager to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 62,2007 REGARDING CONTRACT WITH SARATOGA MUSICAL UNION RESOLUTION NO.: 193, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 62,2007 the Queensbury Town Board authorized an Agreement between the Town and the Saratoga Musical Union for the year 2007, and WHEREAS, such Resolution authorized funding for the Agreement not exceeding the sum of $4,940 to be provided by occupancy tax revenues the Town receives from Warren County, such sum to include the cost for three jazz band concerts as part of the Glens Falls City Band concert series, and REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 404 WHEREAS, the Town Board wishes to increase the amount of occupancy tax money provided to the Saratoga Musical Union for 2007 by $780 to provide for an additional or fourth jazz band concert as part of the Glens Falls City Band concert series, and WHEREAS, the Town Board wishes to amend Resolution No.: 62,2007 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 62,2007 such that funding for the Saratoga Musical Union for the year 2007 shall be increased by $780 to a total sum of $5,720 to provide for the additional jazz band concert as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute an amended Agreement providing for this change, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 62,2007 in all other respects. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY HERBERT AND ROBERTA BUNTING RESOLUTION NO.: 194, 2007 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, Herbert and Roberta Bunting (“Bunting”) previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 405 concerning the assessed value of property located at 2021 Bay Road (Tax Map No. 252.- 1-64) for the 2005 and 2006 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Lake George Central School District has advised that the proposed settlement terms have been approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Bunting, concerning the property located at 2021 Bay Road (Tax Map No. 252.-1-64) for the 2005 and 2006 assessment years in accordance with the following revised assessment value: Assessment Year Current Assessment Revised Assessment 2005 $ 400,000 $ 355,000 2006 $ 400,000 $ 355,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel Brennan & White, L.L.P. within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 406 ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY WAL-MART RESOLUTION NO.: 195, 2007 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, Wal-Mart previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury concerning the assessed value of property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that the proposed settlement terms have been approved by the District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Wal-Mart, concerning its property located on Route 9 (Tax Map No. 296.17-1-36) for the 2005 and 2006 assessment years in accordance with the following revised assessment value: Assessment Year Current Assessment Revised Assessment 2005 $ 7,978,500 $7978,500– Discontinue2005 Petition with prejudice 2006 $12,788,000 $12,288,000 and BE IT FURTHER, RESOLVED, that the revised assessment of $12,288,000 will remain in place throughout the next three (3) tax years (2007-2008, 2008-2009 and 2009-2010), and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 407 RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner’s counsel, Kavinocky Cook within sixty (60) days from the date that a Demand for Refunds is served upon the Town of Queensbury and the Warren County Treasurer provided that settlement requires refunds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Fiscal Manager and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ADDITIONAL ENGINEERING SERVICES RELATED TO DESIGN OF MAIN STREET CONNECTOR ROAD – CAPITAL PROJECT #161 – PIN 1756.69 RESOLUTION NO.: 196, 2007 INTRODUCED BY: Mr. Tim Brewer SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board met with representatives of Barton & th Loguidice, P.C. (B&L) at a Town Board Workshop on March 26, 2007 to discuss continuance of engineering services by B&L for the Town’s Main Street Connector Road Capital Project (CP#161) for the provision of engineering, planning and landscaping architecture services in connection with the proposed Connector Road Infrastructure and Redevelopment Plan, and WHEREAS, the Town’s Executive Director of Community Development has advised that B&L has completed the scope of work previously authorized by the Town Board and it is necessary to continue to engage their services for the design of the Connector Road to address various design changes, and WHEREAS, B&L has offered to provide the requested additional engineering services to review and coordinate design changes to the Connector Road Project for an th amount not to exceed $101,000 as delineated in a copy of B&L’s proposal dated March 30, 2007 proposal, REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 408 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Barton & Loguidice, P.C. for the provision of engineering services in connection with the design of the Connector Road as delineated in Barton & Loguidice, th P.C.’s proposal dated March 30, 2007 for an amount not to exceed the total of $101,000.00 as follows: Design of Connector Roadway (Sections 1 -7) : $ 42,500 Construction Administration And Inspection $ 58,500 Total $101,000 and BE IT FURTHER, RESOLVED, that payment for such engineering services shall be from Capital Construction Account No.: 161-5110-4710, and BE IT FURTHER, RESOLVED, that the Capital Budget for this Project be amended as follows: Increase 161-5110-4710 Engineering Services by $101,000.00; Decrease 161-5110-2899 Capital Construction by $101,000.00; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development, Town Fiscal Manager and/or Town Supervisor to execute any agreements and take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 409 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2007 TO AMEND QUEENSBURY TOWN CODE CHAPTER 14 “CODE OF ETHICS” RESOLUTION NO. 197, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2007 to amend Queensbury Town Code Chapter 14 entitled “Code of Ethics,” to revise several provisions of the current Code of Ethics, and WHEREAS, this legislation is authorized in accordance with New York State § General Municipal Law 806, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th May 7, 2007 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2007, 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 proposed Local Law No. __ of 2007 in the manner provided by law. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING DATE BY WHICH NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. MUST SUBMIT ASSESSMENT REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 410 AND SERVICE AWARD INFORMATION TO TOWN CLERK REGARDING POSSIBLE CREATION OF FIRE DISTRICT RESOLUTION NO.: 198, 2007 INTRODUCED BY: Mr. Richard Sanford WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the North Queensbury Fire Co. (hereinafter the “Fire Co.”) has requested that the Town Board consider the establishment of a North Queensbury Fire District, pursuant to Town Law Section 170(2), and WHEREAS, Town Law Section 170(2) requires that a Notice of Public Hearing shall be given in the manner provided for in Town Law Section 171(2)(a), and WHEREAS, Town Law Section 171(2)(a) requires that a Notice of Public Hearing with regard to the possible establishment of a fire district state the estimated rate per thousand dollars of assessed valuation, based on the aggregate assessed valuation of taxable real property of the proposed district shown in the latest computed final assessment roll, projected to be assessed, levied and collected for purposes of the proposed district for the fiscal year of its operation, and if the fire district would become the sponsor of a service award program, so specify and contain a statement of the estimated annual cost of the service award program to the fire district, and requires that, prior to publication of the Notice, a detailed explanation of how the estimated rate of assessment for the proposed district was computed shall be filed for public inspection with the Town Clerk, and WHEREAS, the Town Board desires to hold a Public Hearing on this matter, and address this issue, NOW, THEREFORE, BE IT RESOLVED, that if the Fire Co. desires the Town Board to hold a Public Hearing on the Board’s own motion, pursuant to Town Law Section 170(2), then the Fire Co. must provide the above referenced assessment and service award information to the th Town Clerk by May 4, 2007, failing which the Town Board will not set a Public Hearing on its own motion, and will only schedule a Public Hearing if presented with a petition meeting the requirements of Town Law Section 171(1) and the above referenced assessment and service award information. th Duly adopted this 16 day of April, 2007, by the following vote: REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 411 AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-We had discussed changing the date. It says in the resolution May 7 to be the deadline noting there is a consensus for May 4. RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF APRIL 16, 2007 RESOLUTION NO.: 199, 2007 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 April 12, 2007 and a payment date of April th 17, 2007, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of April 12, 2007 and payment date of April 17, 2007 totaling $350,326.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Fiscal Manager to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #5342 IN CONNECTION WITH OWNER OCCUPIED SINGLE FAMILY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 200, 2007 REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 412 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and WHEREAS, a single family property, Case File # 5342, has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, by Resolution No.:: 432.2006, the Queensbury Town Board approved a rehabilitation grant in the amount of seventeen thousand eight hundred seventy five dollars and no cents ($17,875.00) for Case File #5342, and WHEREAS, property rehabilitation specifications have been revised to include additional work, and WHEREAS, the revised cost to complete the work specified is eighteen thousand six hundred twenty five dollars ($18,625) and is still the lowest acceptable cost, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File #5342, Queensbury, New York, in an amount not to exceed eighteen thousand six hundred twenty five dollars ($18,625) and authorizes and directs the Town Supervisor and/or Executive Director of Community Development to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING REGULAR TOWN BOARD MEETING 04-16-2007 MTG#15 413 RESOLUTION NO. 201, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 16 day of April, 2007, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury