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2008-09-08 MTG #39 REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1052 TOWN BOARD MEETING MTG. #39 September 8, 2008 RES. 406-428 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER- ABSENT TOWN OFFICIALS PRESENT WATER SUPERINTENDENT, BRUCE OSTRANDER PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC- OPENED MEETING TOWN BOARD ANNOUNCED BEAUTIFICATION WINNERS AS DESIGNATED BY QUEENSBURY BEAUTIFICATION COMMITTEE: WARD 1 WARD 2 Davis J. O’Brien Leslie Barker 36 Maid Marion Way 331 Ridge Road Duane Taylor Marcia Palmer 835 County Line Road 363 Ridge Road WARD 3 WARD 4 Lawrence Kuther Audrey B. Baker 31 Cottage Hill Road 3 Laurel Lane Arturo Lentile James Lombardo 32 Willow Road 11 Herald Drive In addition to the residential winners there were commercial winners. COMMERCIAL WINNERS: Saturn of the Adirondacks Angio Dynamics 92 Quaker Road 603 Queensbury Avenue Sokols Queensbury Market North Country Cat Hospital 120 Aviation Road 13 Main Street SUPERVISOR STEC- We appreciate the efforts of everyone and in particular these handful of winners both on the residential and commercial side for trying to make Queensbury a more attractive town to live in that it already is. Again, thank you and congratulations to all those folks. 1.0PUBLIC HEARINGS Public Hearing- Adopting SEQRA Negative Declaration and Amending Zoning Ordinance to Change Classification of Property Owned By Frank and Jim, Inc. From Mixed Use (MU) to Light Industrial (LI) REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1053 NOTICE SHOWN PUBLICATION DATE: August 29, 2008 SUPERVISOR STEC-Opened public hearing JOHN RICHARDS- I am the attorney for Frank and Jim, Inc. No need to repeat anything that you said. You did a wonderful job and we are here to answer questions. With me is Mr. Dave Colby. He is familiar with the radio station requirements. We really don’t have to say anything else but reaffirm what you said. COUNCILMAN MONTESI- By the way, the antenna is not above ground. These are kind of the spider wires that are in the ground that are encroaching on the light/non-light industrial. SUPERVISOR STEC- There is a pole with guide wires MR. RICHARDS- I think the pole is actually in the mixed use area. COUNCILMAN MONTESI- The pole is moved over to that side too, okay. SUPERVISOR STEC- Thanks Mr. Richards. Anyone else? Mr. Salvador JOHN SALVADOR- Just one question. Why not a variance? Why not a use variance? COUNCILMAN MONTESI- A use variance? MR. SALVADOR- A variance from the code that doesn’t allow this guide wire to be on that land. COUNCILMAN MONTESI- A use variance is extremely difficult issue to get. MR. SALVADOR- Whatever’s needed. Pardon me? COUNCILMAN MONTESI- It’s very difficult to get. MR. SALVADOR- A zoning change should be more difficult to get. SUPERVISOR STEC- I suppose it was an option. It is an option available to the Town. MR. SALVADOR- I can’t understand. I understand a use variance is difficult to get but a zoning change should be more difficult to get and that’s why we have a Zoning Board to grant relief. SUPERVISOR STEC- Thank you sir. MR. SALVADOR- Please reconsider. SUPERVISOR STEC- Is there anyone else that would like to address the board on this public hearing? Seeing none I will close the public hearing and I’m not sure if any Board Members have any questions for the applicant? Is there any discussion by Board Members? Alright, if we are inclined to move forward we do have a SEQRA form to fill out. CLOSED PUBLIC HEARING PART 2- SEQRA FORM LONG FORM 1.Will the Proposed action result in any physical change to the project site? NO 2.Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological, formations, etc.) NO 3.Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1054 4.Will proposed action affect any non-protected existing or new body of water? NO 5.Will proposed action affect surface or groundwater quality or quantity? NO 6.Will proposed action alter drainage flow or patterns, or surface water runoff? NO 7.Will proposed action affect air quality? NO 8.Will proposed action affect any threatened or endangered species? NO 9.Will proposed action substantially affect non-threatened or non-endangered species? NO 10.Will the proposed action affect agricultural land resources? NO 11.Will proposed action affect aesthetic resources? NO 12.Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13.Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14.Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15.Will there be an effect to existing transportation systems? NO 16.Will proposed action affect the community’s sources of fuel or energy supply? NO 17.Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18.Will proposed action affect public health and safety? NO 19.Will proposed action affect the character of the existing community? NO 20.Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY FRANK AND JIM, INC. FROM MIXED USE (MU) TO LIGHT INDUSTRIAL (LI) RESOLUTION NO. 406, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board is considering a request by Frank and Jim, Inc., to amend the Town Zoning Ordinance and Map to rezone a portion of its property bearing Tax Map No.: 304.17-1-32 and located at 67 Boulevard, Queensbury from Mixed Use (MU) to Light Industrial (LI), and REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1055 WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, 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, and WHEREAS, the Town Board duly conducted a public hearing and heard all interested parties th concerning the proposed rezoning on Monday, September 8, 2008, and rd WHEREAS, on or about September 3, 2008, the Warren County Planning Board considered the proposed rezoning and determined that there would be no County impact, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone a portion of a parcel of propertyowned by Frank and Jim, Inc., bearing Tax Map Parcel No.: 304.17-1-32 and located at 67 Boulevard from Mixed Use (MU) to Light Industrial (LI), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to send a certified copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1056 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 the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer 2.0HEARINGS Hearing- Glens Falls Knights of Columbus’ Application for Third Variance/Waiver Request from Sanitary Sewer Connection Requirement Concerning Property Located at 989 State Route 9 NOTICE SHOWN NO PUBLIC COMMENT RESOLUTION APPROVING GLENS FALLS KNIGHTS OF COLUMBUS’ APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 989 STATE ROUTE 9 RESOLUTION NO.: 407, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 submitted its third application to the Town § Board for a third 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 REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1057 Sewer District, as the Applicant states that there is a financial impact to connect and the current septic system is very adequate and functioning properly, as more fully set forth in the application presented at this meeting, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town th Board conducted a hearing concerning the variance/waiver request on Monday, September 8, 2008, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Glens Falls Knights of Columbus’ § application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to th sewers required” andgrants a one year extension of time or until September 8, 2009 in which to connect the Glens Falls Knights of Columbus’ property located at 989 State Route 9, Queensbury (Tax Map No.: 296.13-1-22) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the Glens Falls Knights of Columbus shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1058 NOES: None ABSENT: Mr. Brewer 3.0PRIVELEGE OF THE FLOOR (LIMIT- 4 MINUTES) JOHN SALVADOR- It’s fast approaching budget time and for the benefit of the two recently elected Town Board Members and as a steady reminder for the other Board Members, the Board of the Crandall Public Library per section 5C of the Library enabling legislation shall annually file with the clerk of each municipality an estimate of the proposed budget. The municipality shall not make any change in the estimate of revenue or expenditures submitted by the Board in preparation of its preliminary budget. I’m quoting from the Town Law Section 29, the duties and responsibilities of the Town Supervisor. Where a supervisor intentionally or willfully fails to submit his monthly and annual financial reports to the Town Board or fails to keep his books of account in proper order any citizen resident of the town may present to the appellate division of the Supreme Court an application for removal of such officer from office. The reason I bring this up is that the Town of Queensbury has never included the Library budget in its town budget. This was emphasized last year and was repeated. I’m quoting from the bond disclosure statement that the Library issued. It says, “While the Town of Queensbury is aware of the potential negative impact on its budget and will take the appropriate steps to budget accordingly for the increase, there can be no assurance that the financial position will not be negatively impacted”. It is understood by the Library and the bond holders that you have an obligation to include this in your budget. Section 36 of the public officers law says “any town officer may be removed from office by the Supreme Court for any misconduct, maladministration in office. An application for such removal may be made by any citizen, resident of such town to the appellate division of Supreme Court held within the judicial department embracing such a town”. Mr. Montesi can probably recall that this was the avenue to remove Victor Grant from office, if you recall. Finally, in Town Law Section 29 there is a comptroller’s opinion that addresses budget responsibility, “final responsibility for budget content and accuracy rests by law with the town board of a suburban town and not with the town supervisor, whether or not the town has established an office of the town comptroller”. The Point is that all of you gentlemen, members of the board are individually responsible for the content and accuracy of the Town Budget. SUPERVISOR STEC- Mr. Salvador is correct that he annually has brought these questions about the Crandall Library and whether it is appropriate or not appropriate to include or not include it is part of the Town’s budget. The Town has not since the inception of the Library by special state legislation, I believe it was in 1992 has never included it. This question has been asked by numerous town boards and numerous town residents over the nine years that I have been on the Town Board. In fact, this very question is the subject of John Salvador initiated litigation approximately ten months ago. After Mr. Salvador asked if I would be willing to request an opinion from the State Comptroller’s Office, which I did and the State Comptroller’s Office did not get back to me within several months so I sent them a second letter and I followed it with a phone call, under the advice of Town Counsel. I spoke, I don’t remember the name of the individual I spoke with but I can find out, but they said they would not be writing a formal opinion on this particular subject for a couple of reasons, not the least of which was the fact that it is a matter of current litigation, as John Salvador well knows. With that said, the only thing I can offer Mr. Salvador is like many other instances according to our current Town Counsel, Town Counsel prior to them and then Miller, Mannix prior to that that they disagree with your interpretation and understanding of the State Law as it applies to the Crandall Public Library. I assure you that whatever issues you may have about whether or not the Town is doing it correctly or not doing it correctly, it is based on numerous questions and research among other counsel the Town’s Counsel. But, I will be happy to ask this question of Town Counsel again and I suspect that I will be given the same answer again. PLINEY TUCKER- Questioned the Board about Resolution 4.11 (Resolution Authorizing Temporary Loan from General Fund #001 to Exit 18 Corridor Realignment Capital Project Fund #126) SUPERVISOR STEC- Explained that three weeks ago the Town Board authorized to issue bonds in anticipation of going out and securing property easement along Main Street. There will be a cost associated with legal and financial consulting costs associated with finalizing the borrowing. What we will be doing by this resolution is the general fund will be loaning to the special district fund $10,000 to cover legal and financial purposes. When that bonding is complete whatever money we actually use will be returned to the general fund. REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1059 MR. TUCKER- ? Spoke to Councilman Metivier regarding information he heard about a problem with a fire company in his ward. Wants to request a public hearing to discuss what took place and how it should be handled. Spoke to the Board regarding the Crandall Public Library. Pointed out that the over 9 million ? dollars that was rebated back to the taxpayers of Queensbury as a credit against County Taxes could just about build the Town their own library. DOUG AUER- Presented Clerk with Questions relating to office of Real Property Services pertaining to Town ? Board Meeting of August 18, 2008. PETER BROTHERS- Dan, I read in the paper, saw the picture, ground breaking for the new Social Services Building. I’ve raised a strong concern over the cost of the project and I won’t go into detail because I’ve already mentioned that before; not to repeat myself. I did also see comments by Supervisor Haskell from Thurman quoting, he said “at this time I’m going to guarantee everyone we’re going to be under budget and ahead of schedule”. Personally I have never heard of such a statement by an elected official so far removed from possessing the technical expertise to make such a statement. I just wonder Supervisor, do you subscribe to the same belief and further why is he speaking in any capacity? SUPERVISOR STEC- For starters he is the chairman of that committee. He has worked on that probably more than any other elected official. That would be the capacity that he was speaking from. My own personal style, flamboyant though it may be from time to time, I’m not sure that even I would have the intestinal fortitude to make such a bold statement. I certainly hope that he is correct. MR. BROTHERS- Okay, point understood. I guess another question I would have then with the information here. Why is he chairing anything when he is under indictment and going to trial? SUPERVISOR STEC- Mr. Brothers, you know what I suggest you do? I suggest you come to a County meeting and you ask him yourself. MR. BROTHERS- I work for a living Dan just like everybody else around here does and we can’t go to the County meeting during the morning when the meetings are being held. SUPERVISOR STEC- For starters don’t raise your voice. Number two MR. BROTHERS- You need to hear what I have to say and everybody else around here. SUPERVISOR STEC- I can hear it without, we all can hear it without you yelling Mr. Brothers. Now please control yourself. MR. BROTHERS- I’m in full control. SUPERVISOR STEC- Get a hold of yourself. MR. BROTHERS- I’ve got a hold of myself. SUPERVISOR STEC- I’m not certain that you do. MR. BROTHERS- That’s boloney, I know what I’m in control of. SUPERVISOR STEC- Please calm down Mr. Brothers. MR. BROTHERS- I’m in control SUPERVISOR STEC- I think you are out of line to tear anyone down that is not present number one. Number two, one of the pillars of our society is innocent until proven guilty. So with that said, I’m not going to comment any further on any of Mr. Haskell’s problems and I don’t suggest that you do that in this form tonight either. MR. BROTHERS- So, I guess that you’re saying that you are not going to ask for his resignation as a County Supervisor. REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1060 SUPERVISOR STEC- Are you finished? MR. BROTHERS- No I’m not. SUPERVISOR STEC- I think your time is up. MR. BROTHERS- No, it’s not. I’ve got my watch on SUPERVISOR STEC- No, that’s not how it works Mr. Brothers MR. BROTHERS- Well I’m asking are you going to ask for his removal? SUPERVISOR STEC- No MR. BROTHERS- You’re not? SUPERVISOR STEC- No MR. BROTHERS- Okay SUPERVISOR STEC- That will be all MR. BROTHERS- I think that is a very disappointing situation SUPERVISOR STEC- Mr. Brothers I’ve asked you nice several times now. MR. BROTHERS- I know, but I guess this has to SUPERVISOR STEC- Mr. Brothers MR. BROTHERS- The way I see it Dan SUPERVISOR STEC- Mr. Brothers MR. BROTHERS- You are not cooperating with me SUPERVISOR STEC- Mr. Brothers, Mr. Brothers, Mr. Brothers MR. BROTHERS- And I’m going to tell you right now that you have also avoided putting an Ethics Committee to this Board in Queensbury and I think that explains why you’re in cahoots with Supervisor Haskell SUPERVISOR STEC- You sit down MR. BROTHERS- No, you’re not going to get away with this, this is … SUPERVISOR STEC- You’re crass remark is noted for the record. We are going to move forward to resolutions. 4.0RESOLUTIONS RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MC DONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1061 RESOLUTION NO.: 408, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) have applied to the Local Board of Health for a third variance/waiver from § 136-44, as the McDonoughs have requested an exemption from the Town’s connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer District, as the McDonoughs state that: connection with the lower Motel units must be constructed in a way to avoid destruction of a 200 year old sprawling oak tree; in addition to excavating earth, all connections will entail excavation of over 500 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $57,000 to $96,000 - a financial hardship; current sewage disposal systems are in excellent working condition and are used 8-10 weeks per year so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only – not public; and the Law Office and Champlain Stone separate from the Motel are open by appointment and th have one regular secretary; all as more fully set delineated in the McDonough’s August 20, 2008 letter and application presented at this meeting, NOW, THEREFORE, BE IT nd RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, September 22, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s sewer connection variance/waiver application concerning the properties delineated in the preambles of this Resolution and located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9-1-9), and BE IT FURTHER, RESOLVED, that the Queensbury Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the McDonough’s as required by law. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1062 ABSENT: Mr. Brewer RESOLUTION APPOINTING SCHOOL TRAFFIC OFFICERS RESOLUTION NO.: 409, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, additional, part-time School Traffic Officer (Crossing Guard) positions exist within the Town of Queensbury and the Town Board wishes to make appointments to these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints James Lashway and Jennifer rd McIntosh as part-time School Traffic Officers (Crossing Guards) effective September 3, 2008 at the current rate of pay for the position, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION APPOINTING VIRGINIA PROSSER AS CLEANER IN BUILDING AND GROUNDS DEPARTMENT ON PERMANENT BASIS RESOLUTION NO.: 410, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1063 WHEREAS, by Resolution No.: 520,2007, the Queensbury Town Board appointed Virginia Prosser as a full-time, first-shift Cleaner in the Building and Grounds Department on a provisional basis until such time as Ms. Prosser successfully completed an eight (8) month probation period, and WHEREAS, the Town’s Facilities Manager has advised the Town Board that Ms. Prosser has successfully completed her probation period and therefore he has requested that the Town Board appoint Ms. Prosser on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Virginia Prosser to the position of th Cleaner on a permanent basis effective September 8, 2008, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING GRANT AWARD FOR CASE #5759 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 411, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1064 #5759 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5759 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING GRANT AWARD FOR CASE #5760 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 412, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1065 WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5760 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5760 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING GRANT AWARD FOR CASE #5761 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 413, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1066 SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and # 5761 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5761 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING GRANT AWARD FOR CASE #5762 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1067 RESOLUTION NO.: 414, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5762 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5762 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING GRANT AWARD FOR CASE #5763 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1068 REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 415, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5763 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5763 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, NOES: None ABSENT: Mr. Brewer REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1069 RESOLUTION APPROVING GRANT AWARD FOR CASE #5764 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 416, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5764 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5764 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1070 ABSENTMr. Brewer : RESOLUTION APPROVING GRANT AWARD FOR CASE #5766 IN CONNECTION WITH TOWN OF QUEENSBURY TOWNWIDE HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 417, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5766 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, 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, NOW, THEREFORE, BE IT #5766 RESOLVED, that the Town of Queensbury approves a grant for Case File , Queensbury, Twenty five thousand dollars and no cents ($25,000.00) New York, in the amount not to exceed: and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, by the following vote: REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1071 AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING TEMPORARY LOAN FROM GENERAL FUND #001 TO EXIT 18 CORRIDOR REALIGNMENT CAPITAL PROJECT FUND #126 RESOLUTION NO.: 418, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State General Municipal Law §9-A, the Queensbury Town Board is authorized to temporarily advance moneys held in any fund to any other fund, and WHEREAS, the Town Budget Officer has requested that the Town Board authorize a temporary loan from General Fund #001 to Exit 18 Corridor Realignment Project Capital Project Fund #126, Account No.: 126-5020-2899 in order to pay for legal and financial consulting work relating to the Exit 18 Corridor/Main Street Realignment Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Budget Officer to temporarily advance $10,000 from General Fund #001 to Exit 18 Corridor Realignment Project Capital Project Fund #126, Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2008 General Fund #001 and Exit 18 Corridor Realignment Project Capital Project Fund #126 as needed in order to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Budget Officer shall keep suitable records and arrange for the repayment of the temporary loan as soon as available and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1072 ABSENT: Mr. Brewer RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM TOWN-WIDE DRAINAGE FUND NO. 66 TO TOWN DRAINAGE ACCOUNT AND 2008 BUDGET AMENDMENT RESOLUTION NO.: 419, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi s WHEREAS, theQueensbury Highway Department performed drainage improvementwithin the , Bedford Close Subdivision and incurred costs in the amount of $27,000 and WHEREAS, the Town Budget Officer has advised the Town Board that a transfer is needed in the amount of $27,000 from the Town-Wide Drainage Fund No. 66 to cover expenses incurred by the Town’s Highway Department relating to such drainage issue, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of $27,000 from the Town-Wide Drainage Fund No. 66 to the Town Drainage Account No.: 001-8540- 2899, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves, authorizes and directs that the 2008 Budget be amended by: ? Increasing Revenue Account No.: 001-0000-55031 in the amount of $27,000. ? Increasing Expense Account No.: 001-8540-2899 in the amount of $27,000. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to transfer funds and amend the 2008 Town Budget accordingly and take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1073 RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 8day of September, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION AMENDING RESOLUTION NO.: 265,2008 REGARDING GRANT APPLICATION FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS RESOLUTION NO.: 420, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 265,2008 the Queensbury Town Board authorized the Queensbury Town Justices to apply for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements, and WHEREAS, the Grant Application requires that authorizing Grant Resolutions contain certain language stating that applicants “request up to the maximum grant amount available,” and so the Town Board wishes to amend Resolution No.: 265,2008 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 265,2008 such up to the maximum grant amount available that the Town Board hereby requests in the Town’s application for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA), and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 265,2008 in all other respects. REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1074 th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WATER DEPARTMENT ROOF REPLACEMENT PROJECT RESOLUTION NO.: 421, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury Water Superintendent and Civil Engineer wish to advertise for bids for a roof replacement project at the Water Department building, as will be more clearly specified in bid documents and specifications to be prepared by Vision Engineering, LLC, and in form approved by the Water Department Superintendent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the roof replacement project at the Water Department building, in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this day of September 8, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1075 RESOLUTION AUTHORIZING HIRING OF SCOTT RIVERS AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 422, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Water Superintendent has advised the Town Board that there is a vacant, full-time Laborer position in the Water Department, and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and has recommended that the Town Board authorize the hiring of Scott Rivers, WHEREAS, Town Policy requires that familial relationships be disclosed and the Town Board approve the appointment of Town employees’ relatives and Mr. Rivers is the husband of Kim Rivers, Records Clerk in the Town Clerk’s Office, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Water Superintendent to hire Scott Rivers as a full-time Laborer in the Town’s Water Department effective subject to an eight (8) month probationary period, the passing of a pre-employment physical, and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that Mr. Rivers be paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1076 th Duly adopted this 8 day of September, 2008 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION RESCINDING RESOLUTION NO.: 378,2008 REGARDING PURCHASE AND INSTALLATION OF TELEPHONE SYSTEM FROM CORNERSTONE TELEPHONE COMPANY RESOLUTION NO.: 423, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 378,2008, the Queensbury Town Board authorized the purchase and installation of a telephone system from Cornerstone Telephone Company (Cornerstone), and WHEREAS, due to a material misrepresentation by Cornerstone, Cornerstone is unable to furnish the system and services it promised to provide, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 378,2008 for the purchase and installation of a telephone system from Cornerstone Telephone Company, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute a certified copy of this Resolution to Cornerstone and the Town Supervisor, Town Budget Officer and/or Computer Technology Coordinator to take any additional steps necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: Mr. Brewer REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1077 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY KEITH HARRIS & SCOTT McLAUGHLIN RESOLUTION NO.: 424, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Keith Harris and/or Scott McLaughlin previously commenced Article 7 Real Property Assessment Review cases against the Town beginning in 1997 challenging the assessments on parcels comprising a sand and gravel mine and construction and demolition landfill located, respectively, near Mud Pond Road (Tax Map No.: 279.11-1-1.1) and on Ridge Road (Tax Map No.: 279-1-26) and WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, under the terms of settlement no refunds would be paid to the Petitioners by the Town, Warren County or the Queensbury Union Free School District, in which the parcels are located, and WHEREAS, it is anticipated that the Queensbury Union Free School District will approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Keith Harris and/or Scott McLaughlin as follows: 1.Any and all Petitions challenging assessments from 1997 to date on the parcels now identified as Tax Map No.: 279.11-1-1.1 and/or Tax Map No.: 279-1-26 shall be discontinued with no reduction in assessments; and 2.For the 2009 Assessment Roll, the revised assessments on the parcels shall be: Tax Map Number 279.11-1-1.1 $215,000. Tax Map Number 279-1-26 $165,000.; and 3. New York State Real Property Tax Law §727 shall apply to the settlement and the Revised Assessments set forth above shall continue in effect for the subsequent three assessment rolls (2010, 2011 and 2012) unless the Town performs a Town-wide revaluation or some other exception provided for under §727 becomes applicable to those future assessment rolls; and REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1078 BE IT FURTHER, RESOLVED, that no refunds shall be paid in connection with the settlement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 8 day of September, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 425, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To CodeAppropriationCodeAppropriation$ 001-1220-4400Supervisor Misc. Contr.001-1010-4090TB Training/Education106 001-1010-4130TB Town Counsel Ret.001-1315-4130Acct. Town Couns. Ret1,500 001-1990-4400Contingency001-1315-4401CPA Audit4,500 001-1420-4130Counsel Town Counsel Ret.001-1430-4130Personnel Twn C. Ret3,000 001-1420-4130Counsel Town Counsel Ret.001-5010-4130Hwy Adm Twn C. Ret3,000 001-1990-4400Contingency001-5010-4131Hwy Adm Litigation6,000 001-7020-4130Recreation Town Counsel Ret.001-7110-4130Parks Twn C. Ret247 040-8320-2899Capital Construction040-8340-4320Service Materials10,000 040-8320-2899Capital Construction040-8340-4400Misc. Contractual3,000 047-8310-4400Water Admin Misc. Contr047-9710-7010Ser. Bond Interest2,001 Amendments due to Insurance Recoveries* 001-0000-52680Insurance Recoveries001-5132-4070Bldg. Repair2,830 001-0000-52680Insurance Recoveries001-1420-4131Litigation4,095 REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1079 004-0000-52680Insurance Recoveries004-5130-4110Hwy. Veh. Repair1,562 * Increase to Revenue and Expenditure budgets due to insurance recoveries th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF SEPTEMBER 8, 2008 RESOLUTION NO.: 426, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the thth Warrant with a run date of September 4, 2008 and a payment date of September 9, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of thth September 4, 2008 and payment date of September 9, 2008 totaling $1,014,685.55, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES: None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ANALYSIS AND STUDY OF CLEVERDALE SUB-WATERSHED TO IDENTIFY OPPORTUNITIES FOR CONSOLIDATED ON-SITE WASTEWATER TREATMENT SYSTEMS, STORMWATER RUNOFF REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1080 CONTROL & MANAGEMENT CHALLENGES AS DESCRIBED IN ATTACHMENT “A” AND HEREIN RESOLUTION NO.: 427, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Queensbury, Warren County and the region in general, and WHEREAS, the protection, preservation and proper management of water quality within the basin is an essential ingredient to maintaining this revered natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and actively participating as part of the Lake George Watershed Conference, and WHEREAS, several member institutions of such Conference have proposed to undertake an analysis of the sub-watershed located in the Cleverdale section of the Town for the purpose of identifying opportunities for: the consolidation of on-site wastewater treatment systems as well as stormwater runoff control and management challenges that currently exist, and WHEREAS, the conduct of such an analysis and study will be undertaken and supported by grant funds awarded by the Department of State, from the Environmental Protection Fund – Local Waterfront Revitalization Program (EPF-LWRP), as well as in-kind matching services from the several participating LGWC member institutions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board here authorizes and directs the Director of the Lake George Watershed Conference (LGWC) to coordinate and undertake the conduct of a study and analysis of the sub-watershed located in the Cleverdale section of the Town for the purpose of identifying opportunities for the consolidation of on-site wastewater treatment systems as well as stormwater runoff control and management challenges that currently exist and also authorizes the participation and assistance of Town employees in advancing such study and thereafter provide a written report of findings to the Town Board following the conclusion of field inspection and analysis activities envisioned in a work plan submitted by the LGWC, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1081 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of September, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1082 ATTACHMENT A Cleverdale – Stormwater Runoff & Onsite Wastewater Treatment Management Options Sub Watershed Analysis Proposed Work Plan Queensbury Town Board members, private (Cleverdale area) private property owners, as well as various member institutions of the Lake George Watershed Conference have met to discuss the development of a work plan that would seek to identify: opportunities for the consolidation of on site waste water treatment systems; the solution to identified stormwater runoff challenges; and the mitigation of the associated transmission of a host of sediments and nutrients into Lake George proper. It is the intent of this discussion paper to outline a scope or work, that if authorized to proceed by the Town Board, would identity the various sources of stormwater runoff, actions that could be taken to better manage these flows, and the opportunities for consolidation and/or establishment of “community’ waste treatment system. This proposed work plan contemplates to undertake a review of the subwatershed that exists in this section of Cleverdale, identifying opportunities to address sources of stormwater associated runoff, and related pollutant inputs. The undertaking would also prepare recommendations and budget estimates to move forward on the identified recommendations. These efforts will include walking of the upstream areas to identify erosion, mapping culvert pipes and other indirect stormwater inputs into the area, the potential source for nutrient flow and identifying riparian properties which may be available to advance the goals of sediment reduction and stormwater management within the watershed. The effort will also examine the opportunity for consolidation of on site waste treatment systems that are located and/or contemplated in this section of the town. When complete, the delivered product will consist of a report outlining issues and opportunities for conservation, and the Geographic Information System (GIS) maps corresponding to these opportunities and issues. This proposal is outlined in tasks, delineating specific components of this program. Each task is outlined in detail as follows: Task # I: Evaluate subject area upland (watershed) areas a.Walk the subwatershed uplands and note sources of streambank erosion and other pollutant inputs. These sources will be located with a GeoXT Global Positioning System unit and placed onto an Arc 9 GIS map. Resolvability (i.e. logistics, access) of identified issues will be evaluated and noted. b.Identify all stormwater culverts entering into the subject area and identify relative drainage areas contributing to these pipes. c.Prioritize each stormwater input into the subject area, and note opportunities for improvement and/or consolidation of those systems. d.Collect and analyze water samples from Lake George proper in this the subject area as well as upland areas to better define source(s) of nutrients Task #2: Existing Dula Pond Reservoir a.Identify existing (or proposed) on-site waste treatment systems in the subject study area and develop options for consolidation and operation of a consolidated system, along with capital and operating budgets for same. Task #3: Identify and contact large landowners with conservation possibilities a.Prepare a report of finding for presentation to the Town Board (and /or others as directed by the Town Board). 5.0CORRESPONDENCE NONE 6.0TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH- REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1083 ? Received an email from Energy Efficient Codes Coalition (EECC). They make the claim that if they tightened up our building codes and we’d save thirty percent of our energy. ? Received a memo from the AARP. A new pole by the AARP finds that while many Americans 50+ are trying to move away from car transportation as a result of high gas prices, there attempt to go green is challenged by inadequate sidewalks, bike paths as well as insufficient public transportation options. This article speaks to trying to accommodate people who want to get the exercise, not use of fuel, by having a more friendly designed community and that includes sidewalks, bicycle trails and such. ? Spoke regarding the Post Star and a map they’re putting forward that is inaccurate. ? Spoke regarding events being held at the Queensbury Senior Center. For more information please call 761-8224. COUNCILMAN MONTESI- ? There will be a union negotiation meeting tomorrow at 4:00pm. We are getting closer to resolution. ? On Wednesday there will be a zoning workshop. ? Tomorrow night will attend the monthly meeting of the Recreation Commission. Some residents along Meadowbrook Road have requested that we widen the apron on Meadowbrook Road so that folks who are walking along the road are able to do it safely. Spoke to Highway Superintendent, Mike Travis about getting in next year’s budget. COUNCILMAN METIVIER- ? On Saturday, September 13, 2008 from 10:00am -1:30pm there will be an open house at the North Queensbury Fire Department, located on 9L in Cleverdale. There will be tours of the building as well as pictures and historical information regarding the department. At 11:30am there will be a fire/rescue demonstration. Hot dogs and soda will be served. SUPERVISOR STEC- ? Thanked TV8 and sponsors for televising these meetings. ? Pointed out the Town’s website www.queensbury.net. There is a lot of useful information here. ? Announced night work on Route 9 began on Sunday. There will be night work from 6:00pm to 6:00am Sunday through Thursday for approximately four weeks. They will be milling the service and then resurfacing the road. When this is complete we will have a healthier, safer and more attractive Route 9 Corridor from Round Pond Road to the city line. Thanked DOT for their work and the public for their continued patience. th ? On Saturday and Sunday, September 13 and 14 a portion of Bay Road (near ACC) will be closed from 6:30am to 6:30pm for the Soap Box Derby. We appreciate the efforts of the local residents that contribute their time and talent for our youth and this event. ? Requested from the public that all Town Board Meetings will be conducted in a civil manner as such, to avoid any issues in the future that may require the town board to have security at these meetings. RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 428, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 8th day of September, 2008 by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi REGULAR TOWN BOARD MEETING 09-08-2008 MTG #39 1084 NOES: None ABSENT: Mr. Brewer Respectfully submitted, Miss Darleen M. Dougher Town Clerk/Town of Queensbury