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2008-07-21 MTG. #31 896 TOWN BOARD MEETING 07-21-2008 MTG. #31 TOWN BOARD MEETING MTG. #31 JULY 21, 2008 RES. 350-363 7:00 p.m. BOH 12-13 LL #6 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS PRESENT SENIOR PLANNER, STUART BAKER PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC- OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 350, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 21st day of July, 2008 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DOUG LIVINGSTON RESOLUTION NO.: BOH 12, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION 897 TOWN BOARD MEETING 07-21-2008 MTG. #31 SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Doug Livingston has applied to the Local Board of Health for a § variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the applicant wishes to install holding tanks in lieu of a conventional septic system on property located at 303 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, August 4, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Doug Livingston’s sewage disposal variance application concerning property located at 303 Cleverdale Road in the Town of Queensbury and bearing Tax Map No.: 226.12-1-7 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. st Duly adopted this 21day of July, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Montesi RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 13, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough 898 TOWN BOARD MEETING 07-21-2008 MTG. #31 RESOLVED , that the Queensbury Board of Health hereby adjourns its meeting and moves back into regular Town Board session. Duly adopted this 21st day of July, 2008 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, NOES: None ABSENT: Mr. Montesi TOWN BOARD MEETING 2.0PUBLIC HEARINGS PUBLIC HEARING ENACTING LOCA LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” AND CHAPTER 179 “ZONING” BY REVISING DEFINITION OF CONVENTION CENTER NOTICE SHOWN PUBLICATION DATE: JULY 11, 2008 SUPERVISOR STEC- Opened public hearing NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 6 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” AND CHAPTER 179 “ZONING” BY REVISING DEFINITION OF CONVENTION CENTER RESOLUTION NO.: 351, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 6 of 2008 to amend Queensbury Town Code Chapter 160 entitled “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” and Chapter 179 entitled “Zoning” to revise the definition of Convention Center, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and 899 TOWN BOARD MEETING 07-21-2008 MTG. #31 st WHEREAS, the Town Board duly held a public hearing on Monday, July 21, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 6 of 2008 to amend Queensbury Town Code Chapter 160 entitled “Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors,” and Chapter 179 entitled “Zoning” to revise the definition of Convention Center and as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Montesi LOCAL LAW NO.: 6 OF 2008 A LOCAL LAW TO AMEND CHAPTER 160 “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” OF QUEENSBURY TOWN CODE AND CHAPTER 179 “ZONING” BY REVISING DEFINITION OF “CONVENTION CENTER” BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Chapter 179 of the Queensbury Town Code entitled “Zoning,” §179- 2-010 thereof entitled “Definitions,” is hereby amended by deleting the existing definition of “Convention Center” and replacing it with a definition of “Convention, Sports or Exhibits Center” as follows: 900 TOWN BOARD MEETING 07-21-2008 MTG. #31 CONVENTION, SPORTS OR EXHIBITS CENTER – A sports arena or permanent facility, structure or combination of structures offering at least 10,000 square feet of space dedicated to meeting space and designed to support as its principal uses: receptions/banquets, entertainment events, community events, school and use events, religious events, conference, trade, sports, arts and crafts shows, exhibits, expos, animal shows or consumer shows, annual conventions, corporate conferences, educational meetings, sales and incentive meetings. As secondary uses, such facilities may provide food services or sell items related to events in progress. SECTION 2. Chapter 160 of the Queensbury Town Code entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," §160-4 thereof entitled “Definitions,” is hereby amended by adding definitions as follows: §160-4. Definitions. ANIMAL SHOW — An exhibition or competition which highlights one breed or species of domesticated animal. CONFERENCE – A meeting of individuals or representatives of various bodies or of members of a profession, for the purpose of discussing and/or acting on topics of interest common to them. CONSUMER SHOW – An exhibition which highlights available new or upcoming products. CONVENTION – An assembly or meeting of members, representatives or delegates of a political party, fraternal society, profession or industry. EXPO – An exhibition or display open to the public of a collection of related items or services. TRADESHOW — An exhibition of businesses or companies which highlights a specific industry or product. SECTION 3. Chapter 160 of the Queensbury Town Code entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," §160-6 thereof entitled “General exemptions,” is hereby amended by adding an additional §160-6(A), “Special Exemption for Designated Convention, Sports or Exhibits Centers: A.Designation as Convention, Sports or Exhibits Center. The Town Board shall maintain a list of recognized Convention, Sports or Exhibits Centers 901 TOWN BOARD MEETING 07-21-2008 MTG. #31 (Convention, Sports or Exhibits Centers as defined in Chapter 179 Zoning Ordinance). 1.Any facility desiring recognition as a Convention, Sports or Exhibits Centers shall file an application to the Town Board which shall contain the following information and material: a.the name of the applicant; b.the applicant’s federal employee identification number; c.the applicant’s New York Sales Tax number; d.the location of the facility; e.a description and map of the facility and the amenities offered including, but not limited to: dimensional size, number of available restrooms, available parking, maximum occupancy capacity and accessibility for persons with disabilities. Cross-reference shall be made to any existing, approved site plan; f.if off-site facilities are used for ancillary services such as parking, a map of such facilities shall also be provided. 2.A fee of $200.00 shall be paid to the Town Clerk at the time the application is filed. B.Procedure for Seeking Approval. 1.Public Hearing. The Town Board will schedule a public hearing to consider applications for recognition. 2.Factors to be consideration in review of the application shall include: the magnitude of planned events, anticipated attendance, special services which may be required, the maximum capacity of the forum, parking, sanitary facilities, access for persons with disabilities, security, and other relevant factors. 3.The Town Board may, upon a finding that the facility is appropriate for the types of events planned and will not cause an undue hardship 902 TOWN BOARD MEETING 07-21-2008 MTG. #31 to adjoining property owners and/or the public, and/or have undue traffic impacts, approve the application or approve it with conditions. Such conditions may include but are not limited to: size of events, parking, hours of operation, parking constraints, maintenance of insurance and/or a bond, or facility improvements necessary to accommodate proposed events. C. Revocation of Approval. The Town Board may revoke recognition if: 1.It is determined that a material misrepresentation was made in the application or supporting materials, seeking designation as a Convention, Sports or Exhibits Center. 2.The applicant, its agents, employees, contractors fail to comply with Federal, State and/or Local laws in relation to the facility or any events held thereat. D. Owner Responsibilities. The Owner of the Convention, Sports or Exhibits Center is responsible for any and all Federal, State and Town permits and/or licenses necessary for an Event. The Owner shall provide the Town Board with notice 30 days before each and every scheduled event. SECTION 4. Chapter 160 of the Queensbury Town Code entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," §160-7(B)(3) thereof is revised to change the maximum licensing period for a Peddler/Solicitor’s License from 16 weeks per calendar year per application to 32 weeks per calendar year per application. This Section is otherwise unchanged. SECTION 5. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 6. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 7. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. 3.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) AMY WITRYOL- Resident of Niagara County spoke to the Board regarding hazardous waste landfills. Has been very active and is working with her local County and State Government on hazardous waste issues. Explained that roughly half of the waste that is 903 TOWN BOARD MEETING 07-21-2008 MTG. #31 being remediated at the Luzerne Road site is being shipped to the hazardous waste landfill in Niagara County. She advised the Board Members that she is not opposed to PCB waste cleanup on Luzerne Road, but noted that waste should be treated in a manner that is safer than land filling it. Asked the Board to consider whether or not they are interested in joining Erie County in supporting Niagara County’s position to encourage the State not to add additional capacity to the market place so that we can promote more people to invest in the equipment to bring hazardous waste land filling to an end everywhere. Presented the following resolution to the Board and asked for their support in this matter. A Resolution Submitted by Legislators Marinelli, Kozub, Konst and Reynolds RE: Opposing the addition of any hazardous waste land disposal capacity in the State of New York WHEREAS, the United States Environmental Protection Agency (EPA), the New York State Department of Environmental Conservation (DEC) and the United States Congress agree that land disposal is the least desirable method of managing hazardous waste; and WHEREAS, there are only 12 states remaining in the United States which, all told, host 17 commercial hazardous waste landfills, and New York State in one of these states with a landfill in the Town of Porter in Niagara County- which the DEC typically refers to as the “Model City” site; and WHEREAS, although commercial hazardous waste landfills have closed in many other states, New York continues to permit the operation of the aforementioned landfill in Western New York; and WHEREAS, most hazardous waste from remedial cleanup such as New York State brownfields restoration does not go to hazardous waste landfills; and WHEREAS, on the contrary, New York has historically been a net importer of hazardous waste, including PCB waste, and these imports are transported- most often by trucks on the New York State Thruway, and other roads and highways- through several counties, including Erie County, to reach their destination in Niagara County; and WHEREAS, monthly records are produced by the DEC which show that trucks have arrived at the hazardous waste landfill gate leaking, and are fined, illustrating the possibility that they may have been leaking on the way to the site through a number of counties; and WHEREAS, since the EPA has stated that hazardous waste land disposal industry operates in a national marketplace, and further stated that since 1995, the capacity is adequate “now, and in the foreseeable future ;” and WHEREAS, it is counterintuitive to expand capacity in New York State, when sufficient capacity already exists and may be restraining investments in safe, alternative solutions; and WHEREAS, the State of New York must, now and in the future, adhere to EPA guidelines taking into account permanency and environmental harm when addressing the issue of hazardous waste disposal, recognizing that land disposal is not a permanent solution and poses risks, including the documented leaks cited above; and WHEREAS, the NYS Department of Environmental Conservation is expected to be issuing a draft Hazardous Waste Siting Plan within the next few weeks, adding urgency to this matter on behalf of the residents of Western New York; and 904 TOWN BOARD MEETING 07-21-2008 MTG. #31 WHEREAS, the Erie County Legislature supports sustainable and attractive economic growth and regards hazardous waste landfills as a non-renewable use of a community’s assets, posing permanent risk to the environment and imposing an undesirable image on our community, thereby impeding tourism efforts in the Buffalo- Niagara region. NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature join with the colleagues in the Niagara County Legislature to oppose the addition of any hazardous waste land disposal capacity in the State of New York, and specifically at the Model City Site in the Town of Porter in Niagara County; and be it further RESOLVED, that certified copies of this resolution be conveyed to Governor David A. Paterson, NYSDEC Commissioner Pete Grannis, Attorney General Andrew Cuomo and the Niagara County Legislature. JOHN SALVADOR- ? Questioned the Board regarding resolution 4.7- Resolution Acknowledging and Accepting Required Audit Relating to Queensbury Town Court Records. Voiced his concerns regarding the bail accounts related to Town Court. ? Also spoke to the Board regarding an article he read in the local newspaper concerning an interim court decision on a project in the Town of Lake George dealing with SEQRA review. PLINEY TUCKER- ? Spoke to the regarding the case over the assessments in North Queensbury. Questioned if the public have a chance to speak about it? Supervisor Stec explained that prospective relief is the authority of the Town Assessor. ? Questioned the Board regarding a discussion held at the last workshop meeting concerning possibly of hiring a consultant to do a fire study. DOUG MILLER- ? Thanked the Board Members for their efforts and hard work on the Transient Merchant Market Law. PAUL DERBY, PRESIDENT, GLEN LAKE PROTECTIVE ASSOCIATION- ? Gave an update on the herbicide treatment to control Eurasian Milfoil at Glen Lake. When the biologist came up he indicated that we were trying to manage the th Lake just in time. The first treatment was with sonar on May 29, a bump th treatment was done on July 7 to keep the concentrations where they needed to be. The preliminary results look excellent. The milfoil seems to be turning brown. They may have to do another bump treatment at some point. Thanked the Board and the Town of Queensbury for supporting this project. ? Spoke regarding moving forward with discussion on a proposed aquatic plant st management tax district. They are hoping to meet on August 21 at the Queensbury Activity Center regarding this issue. PAUL NAYLOR- ? Spoke to Councilman Brewer regarding the status of the Luzerne Road cleanup. 4.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON ADIRONDACK SPORTS COMPLEX’S APPLICATION FOR DESIGNATION AS 905 TOWN BOARD MEETING 07-21-2008 MTG. #31 CONVENTION CENTER IN ACCORDANCE WITH QUEENSBURY TOWN CODE CHAPTER 160 ENTITLED, “TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS” RESOLUTION NO.: 352, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, in accordance with Town Code Chapter 160, the Town Board wishes to schedule a public hearing to consider such application as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing and hear th all interested persons on Monday, August 4, 2008 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the Adirondack Sports Complex’s Application for Designation as a Convention Center substantially in the form presented at this meeting and in accordance with Queensbury Town Code Chapter 160, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to provide Notice of the Public Hearing to the Adirondack Sports Complex and owners of property within 500 feet of the applicant's property by regular mail and also publish the Notice in the official newspaper of the Town a minimum of ten (10) days prior to the time of the hearing.. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF YVONNE LASHWAY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 353, 2008 906 TOWN BOARD MEETING 07-21-2008 MTG. #31 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Yvonne Lashway to work on a seasonal, part-time basis for the Department as an Office Assistant, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board must approve the appointment of Town employees’ relatives and Yvonne Lashway is the wife of Town Computer Technology Coordinator Ryan Lashway, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Yvonne Lashway to work as an Office Assistant for the Town’s Department of nd Parks and Recreation on a seasonal, part-time basis effective on or about July 22, 2008, at an hourly wage of $12.50, subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF KELLY O’SHAUGHNESSY TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 354, 2008 907 TOWN BOARD MEETING 07-21-2008 MTG. #31 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Kelly O’Shaughnessy to work part-time for the Department as a seasonal Recreation Cashier, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Kelly O’Shaughnessy is the daughter of Assistant Director of Parks and Recreation Lori O’Shaughnessy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kelly O’Shaughnessy to work for the Town’s Department of Parks and Recreation nd as a part-time, seasonal Recreation Cashier effective July 22, 2008, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK TRIATHLON CLUB RESOLUTION NO.: 355, 2008 908 TOWN BOARD MEETING 07-21-2008 MTG. #31 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury has received a request for funding in the amount of $2,000 from the Adirondack Triathlon Club which will be organizing the Lake George Triathlon sporting event in the Towns of Lake George and Queensbury on th September 14, 2008, and WHEREAS, such event is expected to draw hundreds of participants and supporters to the Town of Queensbury and the surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Triathlon Club in the amount of $2,000 with occupancy tax revenues received from Warren County, with the Adirondack Triathlon Club to use such funds toward local and regional advertising, and WHEREAS, a proposed Agreement between the Town and the Adirondack Triathlon Club has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Adirondack Triathlon Club for organizing the Lake George Triathlon sporting th event in the Towns of Lake George and Queensbury on September 14, 2008, specifically, with such funding to be used towards local and regional advertising, and authorizes the Agreement between the Town and the Adirondack Triathlon Club substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $2,000 and to be provided by occupancy 909 TOWN BOARD MEETING 07-21-2008 MTG. #31 tax revenues the Town receives from Warren County, to be paid for from Account No.: 001-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds from current and prior years’ distributions available from Warren County and hereby authorizes a budget amendment to allow for payment of this expenditure from the above mentioned account by increasing appropriation 001-6410-4412 by use of unreserved undesignated fund balance in an amount not to exceed $2,000.00 st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION APPROVING GRANT AWARDS AND A DEFERRED LOAN FOR CASE #5517IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 356, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, the Town of Queensbury has also established a Housing Rehabilitation Loan Program which provides a deferred loan to very low income eligible property owners for the owners cost of rehabilitation, and 910 TOWN BOARD MEETING 07-21-2008 MTG. #31 WHEREAS, a single family property Case File #5517has been determined to be eligible for rehabilitation grant assistance and a loan through the Housing Rehabilitation Loan Program and the owner of the property has requested such assistance and loan, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is Twenty-one thousand seven hundred five dollars and no cents ($21,705.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant and loan process and has verified that it has been followed in this case and recommends approving these grants and loan , and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, WHEREAS, the property owner will enter into a Loan Agreement with the Town of Queensbury which will be filed with the Warren County Clerk’s Office with the principal balance of the loan due in full upon the transfer of title of the property NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves A CDBG Grant in the amount not to exceed: Twenty thousand dollars and no cents ($20,000.00) for Case File #5517, and BE IT FURTHER, RESOLVED,that the Town of Queensbury approves a rehabilitation loan for Case File #5517, in an amount not to exceedOne thousand seven hundred five dollars , and no cents ($1,705.00)and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award and Loan agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of July, 2008, by the following vote: 911 TOWN BOARD MEETING 07-21-2008 MTG. #31 AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION APPROVING REVISION TO GRANT AWARDS FOR CASE #5425IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 357, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #5425has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid was incorrectly prepared for Eleven thousand three hundred thirty five dollars and no cents ($11,335.00), and WHEREAS, the low bid cost to complete the work specified is Fifteen thousand seven hundred seventy five dollars and no cents ($15,775.00), and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and 912 TOWN BOARD MEETING 07-21-2008 MTG. #31 WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves the following grants for Case File #5425, Queensbury, New York: a) An AHOD Grant in the amount not to exceed: Nine thousand four hundred sixty five dollars and no cents ($9,465.00), and b) A CDBG Grant in the amount not to exceed: Six thousand three hundred ten dollars and no cents ($6,310.00). and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award and Loan agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION ACKNOWLEDGING AND ACCEPTING REQUIRED AUDIT RELATING TO QUEENSBURY TOWN COURT RECORDS RESOLUTION NO.: 358, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 25,2008, the Queensbury Town Board engaged the auditing services of Cusack & Company, CPA’s to conduct audits of the Town’s 913 TOWN BOARD MEETING 07-21-2008 MTG. #31 Financial Statements and Departments, and WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123 set forth annual reporting, accounting and audit requirements for Town Courts, and WHEREAS, in accordance with such laws, the Town Board reviewed the audit reports pertaining to the Queensbury Town Court, as well as the Town Justices’ response to such audit, and the Town Board wishes to acknowledge and accept the audit as having fulfilled the Town Board’s responsibility to audit the Town Justices’ records, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the audit of the Queensbury Town Justice Court’s records as required by New York State Uniform Justice Court Act §2019-a and Town Law §123 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor to provide a copy of such audit and a certified copy of this Resolution to: Dennis W. Donnelly, Director of Internal Audit, New York State Office of Court Administration, 98 Niver Street, Cohoes, NY 12047, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF JULY 21, 2008 RESOLUTION NO.: 359, 2008 INTRODUCED BY: Mr. Ronald Montesi 914 TOWN BOARD MEETING 07-21-2008 MTG. #31 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thnd presented as the Warrant with a run date of July 17, 2008 and a payment date of July 22, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thnd run date of July 7, 2008 and payment date of July 22, 2008 totaling $549,027.54, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE RESOLUTION NO.: 360, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve 33 separate, non-adjacent properties currently outside of the Water District, but where Town water service currently exists to such 915 TOWN BOARD MEETING 07-21-2008 MTG. #31 property owners by contract or by service in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Christopher Harrington, P.E., Civil Engineer in the Town of Queensbury’s Water Department, concerning the proposed Water District Extension, and WHEREAS, water mains and fire hydrants currently exist to serve the additional parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the District, as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water District Extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and distribution system capacity, and WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map, Plan and Report and Part I of the EAF was completed by the Town’s Water Department Civil Engineer, and WHEREAS, the Queensbury Town Board desires to be Lead Agency for purposes of the environmental review required for the project under the State Environmental Quality Review Act (SEQRA), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The properties listed on Schedule A hereto by their tax map number and parcel addresses shall be added to and included within the Queensbury Consolidated Water District. The boundaries of the proposed Water District are set forth as follows: The piece or parcel of property described in a deed from David Cerny and Cathy Cerny to Laura M. Avent dated May 11, 2006 and recorded in the Warren County Clerk’s Office in liber 2937 of deeds at page 240. Also including all that piece or parcel of property described in a deed from Janice L. Cornett to Robert Rudolph and Carolyn Rudolph dated September 29, 1989 and recorded in the Warren County Clerk’s Office in liber 770 of deeds at page 124. Also including all that piece or parcel of property described in a deed from Ronald J. Froemmer and Jane Froemmer to Roger Ruel and Eileen Ruel dated May 1, 1985 and recorded in the Warren County Clerk’s Office in liber 670 of deeds at page 518. 916 TOWN BOARD MEETING 07-21-2008 MTG. #31 Also including all that piece or parcel of property described in a deed from William A. Ranney Jr. and Maria C. Ranney to Alex Alexander and Linda Alexander dated May 17, 2004 and recorded in the Warren County Clerk’s Office in liber 1391 of deeds at page 42. Also including all that piece or parcel of property described in a deed from Doris M. Dickinson to Andrew W. Dommasck and Jodie E. Dommaschk dated August 12, 2002 and recorded in the Warren County Clerk’s Office in liber 1280 of deeds at page 313. Also including all that piece or parcel of property described in a deed from BRB Group to Northeastern Capital Dev. Group, LLC dated January 9, 2006 and recorded in the Warren County Clerk’s Office in liber 1490 of deeds at page 300. Also including all that piece or parcel of property described in a deed from Nathan Steves and George Metcalfe to George C. Metcalfe, Jr. and Jill S. Metcalfe dated September 22, 2007 and recorded in the Warren County Clerk’s Office in liber 3416 of deeds at page 239. Also including all that piece or parcel of property described in a deed from Michael S. Hayes to Thomas M. Orr and Sarah R. Spitzer dated October 3, 2005 and recorded in the Warren County Clerk’s Office in liber 1471 of deeds at page 21. Also including all that piece or parcel of property described in a deed from Frederick T. Comstock, Jr. to Frederick Comstock, Jr. and Truddie Comstock dated September 18, 1997 and recorded in the Warren County Clerk’s Office in liber 1036 of deeds at page 155. Also including all that piece or parcel of property described in a deed from Howard L. Hesketh and Barbara Hesketh to Ronald Davies and Valarie Davies dated June 6, 1980 and recorded in the Warren County Clerk’s Office in liber 632 of deeds at page 114. Also including all that piece or parcel of property described in a deed from Raymond Van Guilder Sandra Van Guilder to Joseph Tyrell and Annette T. Tyrrell dated September 5, 2007 and recorded in the Warren County Clerk’s Office in liber 3372 of deeds at page 70. Also including all that piece or parcel of property described in a deed from Barbara J. Brassel to Barbara Brassel and Roger Brassel dated January 25, 1994 and recorded in the Warren County Clerk’s Office in liber 906 of deeds at page 297. Also including all that piece or parcel of property described in a deed from Raymond Van Guilder and Sandra Van Guilder to Kevin M. Ramsey Carlene A. Ramsey dated December 29, 2006 and recorded in the Warren County Clerk’s Office in liber 3160 of deeds at page 222. Also including all that piece or parcel of property described in a deed from Marion B. Newton to William Gosline and Mary Lee Gosline dated December 31, 1987 and recorded in the Warren County Clerk’s Office in liber 701 of deeds at page 603. Also including all that piece or parcel of property described in a deed from Daniel Sprague and Elizabeth Sprague to Michael A. Elmore and Catherine R. Elmore dated September 16, 2003 and recorded in the Warren County Clerk’s Office in liber 1359 of deeds at page 85. Also including all that piece or parcel of property described in a deed from Terry Howk and Connie J. Howk to Barbara Marincic and Frances Colvin dated May 10, 1993 and recorded in the Warren County Clerk’s Office in liber 883 of deeds at page 14. 917 TOWN BOARD MEETING 07-21-2008 MTG. #31 Also including all that piece or parcel of property described in a deed from Christine Vamvalis to Christine Vamvalis and John Haley dated October 23, 1987 and recorded in the Warren County Clerk’s Office in liber 698 of deeds at page 699. Also including all that piece or parcel of property described in a deed from Lloyd L. Mott, Jr. and Virginia L. Mott to Lloyd L. Mott and Virginia L. Mott Family Trust dated December 8, 2006 and recorded in the Warren County Clerk’s Office in liber 1494 of deeds at page 103. Also including all that piece or parcel of property described in a deed from Marshall L. Jarvis and Lorraine D. Jarvis to Lee A. Jarvis and Ernestine A. Jarvis dated September 23, 1993 and recorded in the Warren County Clerk’s Office in liber 895 of deeds at page 62. Also including all that piece or parcel of property described in a deed from Grace D. Roberts to Jeffrey C. Roberts (Trustee) dated February 7, 2001 and recorded in the Warren County Clerk’s Office in liber 1204 of deeds at page 226. Also including all that piece or parcel of property described in a deed from Grace D. Roberts and Jeffrey C. Roberts to Deborah Roberts and Robert Singer dated August 30, 1995 and recorded in the Warren County Clerk’s Office in liber 957 of deeds at page 54. Also including all that piece or parcel of property described in a deed from Harold B. Gifford to Brett Flaherty dated January 18, 1989 and recorded in the Warren County Clerk’s Office in liber 860 of deeds at page 121. Also including all that piece or parcel of property described in a deed from Charles O. Sicard Estate to Marcia Parker dated March 16, 2004 and recorded in the Warren County Clerk’s Office in liber 1374 of deeds at page 244. Also including all that piece or parcel of property described in a deed from Charles O. Sicard to Ann C. Murphy dated June 13, 1980 and recorded in the Warren County Clerk’s Office in liber 631 of deeds at page 935. Also including all that piece or parcel of property described in a deed from Hayes Construction Group, LLC to Michael Kerman and Janice Kerman dated September 2, 2004 and recorded in the Warren County Clerk’s Office in liber 1404 of deeds at page 127. Also including all that piece or parcel of property described in a deed from John Gugliemo to Frank Pongratz dated August 17, 2006 and recorded in the Warren County Clerk’s Office in liber 3029 of deeds at page 250. Also including all that piece or parcel of property described in a deed from Daniel Gilman to William Craig and Gina Craig dated July 7, 2005 and recorded in the Warren County Clerk’s Office in liber 1457 of deeds at page 192. Also including all that piece or parcel of property described in a deed from Mark J. Steele to Mark Steele and Jill Steele dated January 26, 2004 and recorded in the Warren County Clerk’s Office in liber 1373 of deeds at page 30. Also including all that piece or parcel of property described in a deed from Maria Fasulo to LGE, LLC “Frank’s Pizza” dated February 15, 2002 and recorded in the Warren County Clerk’s Office in liber 1252 of deeds at page 289. Also including all that piece or parcel of property described in a deed to Kenneth Linton and Margaret Linton recorded in the Warren County Clerk’s Office in liber 482 of deeds at page 432. Also including all that piece or parcel of property in deeds to Jeffrey Threw, Larry W. Clute and Deborah Cornell as described by the following meets and bounds description: 918 TOWN BOARD MEETING 07-21-2008 MTG. #31 All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the southerly bounds of Eagan Road where the same is intersected by the westerly bounds of the existing Queensbury Water District in the northerly bounds of Lot 1B as shown on a map made for Jeffery and Tara Threw by VanDusen & Steves dated march 10, 2000, last revised July 11, 2003; running thence South 08 degrees, 52 minutes and 20 seconds West, along the existing water district line, a distance of 545.50 feet to a point in the southeasterly bounds of Lot 1A of said lands of Threw; thence running South 08 degrees, 52 minutes and 20 seconds West still along said existing water district line a distance of 200.00 feet more or less to the shore of the Hudson River; thence running northwesterly along the shore of the river as it winds and turns, a distance of 480.00 feet more or less to the southwest corner of said Lot 1A and the southeasterly corner of lands now or formerly of Fritsch; thence running North 20 degrees, 55 minutes and 20 seconds East, along said lands of Fritsch, a distance of 10.00 feet more or less to a point for a corner; thence running North 20 degrees, 55 minutes and 20 seconds East, still along said lands of Fritsch, a distance of 287.37 feet to the northwest corner of Lot 1A and the southwest corner of Lot 1C of said lands of threw; thence continuing along said lands of Fritsch, North 20 degrees, 55 minutes and 20 seconds East, a distance of 335.63 feet to a point in the southerly bounds of said Eagan Road; thence running easterly along the southerly bounds of Eagan Road the following three courses and distances: (1) South 74 degrees, 25 minutes and 30 seconds East, a distance of 146.89 feet; (2) running along a curve to the right having a radius of 110.00 feet a distance of 72.82 feet; (3) South 36 degrees, 30 minutes and 00 seconds East, a distance of 92.36 feet to the point and place of beginning, containing 6.16 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. 2. Water mains and fire hydrants currently exist to serve the additional parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the District. 3. The properties within the proposed District Extension are currently serviced by the Queensbury water system and therefore, no additional water treatment plant or distribution system capacity is required. There is no cost to the Town or the District for this District Extension. 4. No new capital improvements are necessary for this service area and therefore, there will be no debt service costs related to this District Extension. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one or two family home, for operation and maintenance and other charges (assuming an average water usage) is $366.79. 5. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 919 TOWN BOARD MEETING 07-21-2008 MTG. #31 . 6There are no new capital improvements necessary for this service area and therefore, there will be no new financing required by the Town on behalf of the District. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. In accordance with Town Law §206-a, all future expenses of the Queensbury Consolidated Water District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended. 9. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 18, 2008 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Town Water Department to send a copy of the Environmental Assessment Form and a copy of the Map, Plan and Report to all potentially involved agencies, the New York State Department of Environmental Conservation and the New York State Department of Health, together with all documentation required to be sent, along with a letter indicating that the Town Board will be undertaking consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. 11. The Town Board hereby authorizes and directs the Town Water Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted. 12. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. st Duly adopted this 21 day of July, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None 920 TOWN BOARD MEETING 07-21-2008 MTG. #31 ABSENT: None SCHEDULE A Town of Queensbury Water Department Queensbury Consolidated Water District District Extension for the Year 2008 Tax Map # Parcel Address 297.6-1-32 749 Ridge Road 297.7-1-16 748 Ridge Road 297.10-1-52 667 Ridge Road 297.7-1-30 716 Ridge Road 289.19-1-22 52 Blind Rock Rd. 289.19-1-20 40 Blind Rock Rd. 289.18-1-34 53 Blind Rock Rd. 289.20-1-1 89 Haviland Rd. 289.20-1-4 84 Haviland Rd. 290.14-1-28 385 Haviland Rd. 290.18-1-22 827 Ridge Rd 296.6-1-1 1 Mannis Rd 290.0-1-91.1 818 Ridge Rd 290.14-1-5 68 Rockwell Rd 290.14-1-7.2 46 Rockwell Rd. 290.0-1-91.2 814 Ridge Rd 289.19-1-9.1 25 Blind Rock Rd 309.14-1-68.2 17 Ryan Avenue 288.12-1-1 1483 Route 9 297.13-1-1 242 Meadowbrook Rd. 297.13-1-2 236 Meadowbrook Rd. 296.10-1-38 96 Country Club Road 296.10-1-37 92 Country Club Road 307.0-1-32.1 729 Luzerne Road 290.17-1-41.1 261 Haviland Road 290.17-1-41.2 273 Haviland Road 308.9-1-8 13 Twin Mountain Road 316.5-1-8 11 Sperry Road 316.5-1-6 16 Lansburg Ln. 316.5-1-12.11 25 Eagan Rd. 316.5-1-12.12 45 Eagan Rd. 316.5-1-12.13 51Eagan Rd. 5.0 CORRESPONDENCE DEPUTY CLERK, MELLON- ? The Supervisor’s report for Community Development/Building and Codes for the Month of June is on file in the Town Clerk’s Office ? The Clerk’s Office received the 2007 Annual Report for Community Development on July 14, 2008 and is on file in the Town Clerk’s Office. 6.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- ? Advised that the work by the Highway Department in Bedford Close is nearly complete. 921 TOWN BOARD MEETING 07-21-2008 MTG. #31 COUNCILMAN STROUGH- ? Thanked Highway Superintendent, Mike Travis and Deputy Highway Superintendent Tom VanNess for helping him to put some pedestrian strips in front of the school on Aviation Road. ? Working with the Water Department and Supervisors for Kubricky on Bullard, Northup and Linden on replacing the water lines. ? The last public work session regarding the Aviation Road Corridor study will be st held on Thursday, July 31 at 6:30pm at the Ramada Inn. Any interested persons should attend. ? There is going to be a dedication ceremony for the third plaque on the Veteran’s th Memorial wall on Sunday, August 10 at 1:00pm. ? The Parks and Recreation Department has put together a great summer program which includes numerous field trips for children. Noted some of the upcoming field trips. COUNCILMAN MONTESI- ? Spoke regarding a letter received from the Cemetery Commission on a sewer hookup and some road paving. Will be attending their meeting on the first Wednesday of the month. ? Spoke regarding French Mountain and asked Supervisor Stec to get in Contact with John Casey, Town’s Attorney for this case. COUNCILMAN METIVIER- ? Recently met with the Protective Association Lake Sunnyside and discussed milfoil treatment. ? This past Saturday met with the Dunham’s Bay Association for a luncheon. Discussed traffic issues around Dunham’s Bay, 9L. They would like to see the bike paths widened, reduced speed limits; they also discussed the feasibility of a traffic light. He spoke to the Sheriff’s Department and they are going to send some patrols up there. ? Spoke regarding an e-mailed sent by Councilman Strough pertaining to meetings that have been held to review the Town Zoning Code. Councilman Strough said that he was unaware that these meeting were taking place. Councilman Metivier explained that it has been discussed on several occasions and even gave a date of a special town board meeting where Councilman Strough was present and the topic was brought up. 7.0 EXECUTIVE SESSION RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO.: 361,2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss an employment situation of an individual. Duly adopted this 21st day of July, 2008 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None 922 TOWN BOARD MEETING 07-21-2008 MTG. #31 RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.: 362,2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 21st day of July, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 363,2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 21st day of July, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk Town of Queensbury