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2009-05-04 MTG. #20TOWN BOARD MEETING 05-04-2009 MTG. #20 TOWN BOARD MEETING MTG. #20 MAY 4, 2009 RES. 154-173 7:00 P.M. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS Stu Baker-Sr. Planner Cathi Radner-Town Counsel PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER 1. PUBLIC HEARING 1.1 PUBLIC HEARING - TO AMEND QUEENSBURY TOWN CODE CHAPTER 160 "TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS" NOTICE SHOWN PUBLICATION DATE: Apri124, 2009 9g6 Supervisor Stec-We had met and discussed this at a workshop a couple of months ago anyways and the only change that we are contemplating the change that has been advertised for discussion this evening is under the Transient Merchant, Transient Merchant Market License requirements. The current language reads; the days and hours during which the market will be opened or operated up to a maximum of and it currently reads fourteen days and the proposal is six days, in any year that the license for such market is in effect. I think our thought process was that we wanted to protect the brick and motar and we wanted to protect the existing established patterns that we have for these transient merchant things. We wanted to make sure that they do not creep and become a bigger impact especially during the summer months. So, we felt that it was a good idea to consider reducing the days from fourteen to six and I think for most cases what the historic practice has been is consistent with that. I do not think typically many go much longer that six. But, this would limit it instead of a fourteen day maximum to a six day maximum. So, with that said I will open the public hearing and if there are any members of the public that would like to comment on this public hearing just raise your hand please. Anyone on this public hearing? All right it is pretty straight forward. Councilman Montesi-Dan, the only question I had is when you went to six was there a reason why we went to six instead of seven? Supervisor Stec-You know it was a couple of months ago we talked about six we talked about seven we talked about five and I think that we were looking at not wanting it to straddle into two weekends but yet at the same time we were thinking that somebody may want to set up on a weekend or get a weekend day at the other end. So, that is where I think we landed on the sixth. Again, any public comment on this? All right I will close this public hearing and entertain a motion. RESOLUTION ENACTING LOCAL LAW NO.: 4 OF 2009 TO AMEND QUEENSBURY TOWN CODE CHAPTER 160 TOWN BOARD MEETING 05-04-2009 MTG. #20 9c~7 "TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS" RESOLUTION NO.: 155, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 4 of 2009 to amend Queensbury Town Code Chapter 160 entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," to reduce the maximum number of days in any year that a Transient Merchant License for a Transient Merchant/Transient Merchant market is in effect, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law § 10 and Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on Monday, May 4th, 2009 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.: 4 of 2009 to amend Queensbury Town Code Chapter 160 entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," 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. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None TOWN BOARD MEETING 05-04-2009 MTG. #20 988 ABSENT: None LOCAL LAW NO.: 4 OF 2009 A LOCAL LAW TO AMEND CHAPTER 160 "TRANSIENT MERCHANTS, TRANSIENT MERCHANT MARKETS, PEDDLERS/SOLICITORS" OF QUEENSBURY TOWN CODE BY REDUCING MAXIMUM NUMBER OF DAYS THAT TRANSIENT MERCHANT LICENSE IS IN EFFECT BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: SECTION 1. Chapter 160 of the Queensbury Town Code entitled "Transient Merchants, Transient Merchant Markets, Peddlers/Solicitors," § 160-8 thereof entitled "Transient Merchant/Transient Merchant Market License Requirements," is hereby amended by revising §160-8(1)(h) as follows: § 160-8. Transient Merchant/Transient Merchant Market License Requirements. (1)(h) The days and hours during which the market will be open or operated, up to a maximum of six (6) days in any year that the license for such market is in effect. SECTION 2. 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 4. 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 5. 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. 2.0 PRIVILEGE OF THE FLOOR Ms. Margaret Rishel-Resident of Queensbury speaking on behalf of the American Cancer Society on the Relay for Life will be held at Queensbury School on May 29th from 7PM to 7AM along with the Relay for Life there will be a tent set up for those that qualify to sign up for a Cancer Study (CPS-3), looking for the causes of cancer. Participants that qualify will be between 30 and 65 years of age, never had cancer and to make the commitment to send back the surveys. At the tent you will be asked to 1. read and sign an informed consent form 2. Complete a brief written survey 3. Provide a waist measurement 4. Give a small blood sample drawn by a trained certified phlebotomist 4. TOWN BOARD MEETING 05-04-2009 MTG. #20 9g9 At home you will complete a more detailed survey and follow-up surveys will be sent periodically asking for updated information for the next twenty years. Hoping to have two hundred sign up for the survey. Tent will open at 6PM and lOPM on May 29th. For more information call American Cancer Society at 792-5377 The slogan for the Relay for Life is Remember, Celebrate and Fight back. Supervisor Stec-Thank you, this is a very important study the Town encourages participation in this survey. Ms. Rishel-This is the third study since the early 50's the first one was looking for the link between smoking and lung cancer, that was cut short because in three years they had enough information. That led to the clean air act and second hand smoking, from these studies we have a lot better understanding and treatment available to us. This is the only study of its kind going on in the US. Mr. Paul H. Naylor-15 Division Road -When are we going to get Corinth Road? Councilman Brewer-We are in the process of moving this along, hopefully this fall the infrastructure will begin, it is a County project. No further comments heard. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR STATIONARY TRASH COMPACTOR AT TOWN SOLID WASTE TRANSFER STATION AT RIDGE ROAD RESOLUTION NO.: 156, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Landfill Equipment Operator wishes to advertise for bids for the purchase of a stationary trash compactor to replace the aging equipment currently in operation at the Ridge Road Transfer Station with bid specifications prepared by the Town's Engineer and bid package prepared by the Town Purchasing Agent, and WHEREAS, General Municipal Law § 103 requires that the Town advertise for bids and award the bids 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 a stationary trash compactor in the official newspaper for the Town of Queensbury, and TOWN BOARD MEETING 05-04-2009 MTG. #20 BE IT FURTHER, 990 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. Duly adopted this day of May 4th, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None RESOLUTION ADDING BALL BOULEVARD TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 157, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Ball Boulevard," a private roadway to serve lots 308.6-1-15 and 308.6-1-16 located off Amy Lane, to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Ball Boulevard" to the Town of Queensbury's list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying "Ball Boulevard," and TOWN BOARD MEETING 05-04-2009 MTG. #20 BE IT FURTHER, 991 RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN WARREN COUNTY EMPLOYMENT AND TRAINING YOUTH EMPLOYMENT PROGRAM RESOLUTION NO.: 158, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Warren County Employment & Training Administration (Warren County) has submitted information to the Queensbury Town Clerk requesting the Town's participation in Warren County's 2009 Youth Employment Program, which Program provides for eligible youth ages 14 - 24 to work with non-profit and public agencies that can provide a quality work experience, and WHEREAS, by participating in such Program, eligible youth is trained to be good employees so that they are better prepared for their future while the Program also helps to promote a better understanding of local government services and fosters a spirit of cooperation between local students and the Town, and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town, and WHEREAS, the Program provides insurance coverage for participating students while working at the Town, and TOWN BOARD MEETING 05-04-2009 MTG. #20 992 WHEREAS, participation in the Program will not impair any existing contract for services or collective bargaining agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Warren County Employment & Training Administration's 2009 Youth Employment Program as delineated in the preambles of this Resolution and to execute a Worksite Agreement for each student participant, provided that the Town of Queensbury's Unit of the Civil Service Employees Association, Inc. concurs with such arrangement, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES None Discussion held before vote: noted error in resolution Councilman Metivier and Brewer agreed to a correction from age 21 to age 24. RESOLUTION AUTHORIZING REQUEST FOR PROPOSALS FOR LEAD BASED PAINT RISK ASSESSMENT IN CONJUNCTION WITH TOWN HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 159, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 289,2006, the Queensbury Town Board authorized engagement of Leadsafe Environmental (now known as RTK Environmental Group, LLC) to provide Lead Based Paint Risk Assessment on an on-calUas-needed basis for a three (3) year term beginning June 1, 2006 and ending as of June 1St, 2009, and TOWN BOARD MEETING 05-04-2009 MTG. #20 993 WHEREAS, the New York State Office of Community Renewal has recommended that the Town Board again solicit proposals for the Town's lead based paint risk assessment services, and WHEREAS, the Department of Community Development has requested Town Board authorization to prepare and distribute a Request for Proposals (RFP) to distribute to qualified businesses in the Queensbury area and Capital District areas, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Community Development Department to prepare and distribute a Request for Proposals for lead based paint risk assessment services to qualified businesses in the Queensbury area and Capital District, such RFP to conform to New York State Government Finance Officers Association specifications and recommendations and to require that all businesses submitting proposals comply with all applicable regulations of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Department of Community Development to require all qualified businesses to submit proposals by the end of May, 2009 so that the Town Board may review the proposals and enter into an agreement for the required lead based paint risk assessment services. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CHRISTOPHER SMITH AS MOTOR EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT RESOLUTION NO. 160, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier TOWN BOARD MEETING 05-04-2009 MTG. #20 994 WHEREAS, the Town of Queensbury's Highway Superintendent wishes to fill a vacant Motor Equipment Operator (MEO) position due to the retirement of MEO Paul Fritsch, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes, interviewed interested candidates and wishes to make an appointment, and WHEREAS, funds for such position have been budgeted for in the 2009 Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Christopher Smith to the full-time Union position of Motor Equipment Operator (MEO) in the Town's Highway Department effective on or about May 4th, 2009, and BE IT FURTHER, RESOLVED, that such appointment shall be contingent upon Mr. Smith's successful completion of apre-employment physical as required by Town Policy, any applicable Civil Service requirements, an eight (8) month probation period, and the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that Mr. Smith shall be paid the hourly rate for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec TOWN BOARD MEETING 05-04-2009 MTG. #20 NOES :None ABSENT: None 995 Discussion held: Supervisor Stec-There has been a retirement in the Highway Dept. of Paul Fritsch we wish Paul the best in his retirement. RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORER IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. :161, 2009 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Anthony Metivier WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire a temporary Laborer to work for the Town's Highway Department, WHEREAS, funds for such position have been budgeted for in the 2009 Town Budget, and WHEREAS, the Highway Superintendent has advised the Town Board that such temporary Laborer is Cody Gebo, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees' relatives, and Cody Gebo is the son of William Gebo, a Mechanic in the Town's Highway Department and Connie Gebo, a Senior Account Clerk in the Town's Accounting Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Cody Gebo to work as a temporary Laborer to work approximately 18 weeks for the Town Highway Department commencing on or about May 4th, 2009, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, TOWN BOARD MEETING 05-04-2009 MTG. #20 996 RESOLVED, that such temporary employee shall be paid $13.00 per hour as set forth in Town Board Resolution No.: 615.2008 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2009, 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 NORTH WARREN CHAMBER OF COMMERCE RESOLUTION NO.: 162, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received a request for funding from the North Warren Chamber of Commerce to assist in funding of its Community Map Project of the Upper Hudson River, and WHEREAS, such Map will extend from the Albany/Cohoes/Troy Area to Essex County's Lake Tear of the Clouds and will recognize communities along the Hudson River, tributaries and important locations, completing a full representation of 315 miles as an educational souvenir for schools, libraries and tourism, thereby serving as an economic development tool for Hudson River outfitters and tourism suppliers, and WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism TOWN BOARD MEETING 05-04-2009 MTG. #20 997 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 North Warren Chamber of Commerce in the amount of $3,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and the North Warren Chamber of Commerce has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the North Warren Chamber of Commerce to assist in funding of its Community Map Project and the Agreement between the Town and the North Warren Chamber of Commerce substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $3,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town's 2009 Budget by appropriating $3,000 from the Fund Balance of Fund No.: 50 and increasing Appropriation No.: 050-6410-4412 -Use of Occupancy Tax - by $3,000, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None TOWN BOARD MEETING 05-04-2009 MTG. #20 998 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO. 163, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Land Conservancy for the year 2009 with funding for the Agreement not exceeding the sum of $28,620 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH JOSEPH RIITANO PROPERTY RESOLUTION NO.: 164, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer TOWN BOARD MEETING 05-04-2009 MTG. #20 999 WHEREAS, Queensbury Town Code Chapter 179 provides for administration and enforcement of the Town's Zoning Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, Joseph Riitano owns property located at 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) and Town officials have warned Mr. Riitano on numerous occasions and through previous Court actions and hearings before the Town's Zoning Board of Appeals, that Mr. Riitano is to bring the property into compliance with the Town's Zoning Ordinance as the construction of the current structure at 16 Sunset Lane constitutes an expansion, and WHEREAS, the Town's Zoning Administrator and Code Compliance Officer is charged with enforcement of the Town's Zoning Ordinance and has advised that Mr. Riitano continues to fail in bringing his property into compliance as addressed in the Decision of the Zoning Board of Appeals and therefore has recommended that the Town Board commence a Supreme Court action against Mr. Riitano to require Mr. Riitano to come into conformance with the Town's Zoning Ordinance and Town Code, and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief requiring that Mr. Riitano cure all existing violations of the Zoning Ordinance and/or Town Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against Joseph Riitano concerning the property located at 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, TOWN BOARD MEETING 05-04-2009 MTG. #20 1000 RESOLVED, that the Town Board authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Zoning Administrator/Code Compliance Officer and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ADMINISTRATIVE AND PROGRAM IMPLEMENTATION ASSISTANCE IN CONNECTION WITH $400,000 IN GRANT FUNDS RECEIVED FROM NEW YORK STATE OFFICE OF COMMUNITY RENEWAL RESOLUTION NO.: 165, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 203,2008 the Queensbury Town Board authorized submission of an application to the New York State Office of Community Renewal (DHCR), and WHEREAS, the grant application was submitted and the Town was awarded a grant in the amount of $400,000 from the New York State Office of Community Renewal, such funds to be used for housing rehabilitation, and WHEREAS, the Town has solicited proposals from qualified consultants pursuant to 24 SFR 85 to provide program administration and implementation services for the funded housing rehabilitation program and assistance with the preparation of other housing, public facilities and economic development grant applications and their administration, and TOWN BOARD MEETING 05-04-2009 MTG. #20 1001 WHEREAS, the Senior Planner has reviewed the two proposals received by March 5th, 2009 in response to this solicitation and recommends that the Town enter into an Agreement with Shelter Planning & Development for such services, and WHEREAS, the Town wishes to authorize an Agreement with Shelter Planning & Development, Inc. for provision of the Year 2008 program implementation and administration services, and a proposed Contract for Professional Services between the Town and Shelter Planning is presented at this meeting, and WHEREAS, the Town also wishes to authorize and agreement with Shelter Planning & Development, Inc. for assistance with the preparation of other housing, public facilities and economic development grant applications and their administration, and a proposed Contract for Professional Services between the Town and Shelter Planning is presented at this meeting. NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Shelter Planning & Development, Inc., for provision of Year 2008 CDBG program implementation and administration assistance services in connection with grant monies received by the Town of Queensbury referenced in the preambles of this Resolution and as set forth in the Contract for Professional Services substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the costs for Shelter Planning's services shall not exceed the fixed fee of twenty-nine thousand dollars ($29,000.00) for such program implementation and administration, plus an amount not to exceed forty-four thousand dollars ($40,000.00) for project-related implementation services for each housing unit rehabilitated under the Program, as specifically delineated in the Contract, and BE IT FURTHER, RESOLVED, that payment for these expenses shall be paid from the Town's 2008 CDBG Program Grant funding from the New York State Office of Community Renewal, and BE IT FURTHER, RESOLVED, that Queensbury Town Board hereby authorizes and directs engagement of Shelter Planning & Development, Inc., for assistance with the preparation TOWN BOARD MEETING 05-04-2009 MTG. #20 1002 of other housing, public facilities and economic development grant applications and their administration for the period May 1, 2009 through Apri131, 2012, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Contracts between the Town and Shelter Planning presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Senior Planner and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2009 by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT None Discussion held: Thanked Stu Baker for his help in the housing grant projects... Councilman Brewer- received over two million in grant funding for the town to date. This has helped over 80 homes. Supervisor Stec-Noted this has been a very successful program. Also thanked Shelter Planning and Marilyn Ryba for their assistance. RESOLUTION INCREASING PETTY CASH ALLOTMENT IN TOWN COUNSEL'S OFFICE RESOLUTION NO.: 166, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, certain Departments of the Town of Queensbury, including the Town Counsel's Office, are allotted petty cash in order to purchase necessities such as postage or supplies on a more timely basis, and WHEREAS, there are times when the Town Counsel's Office must file and/or record legal and/or property transfer documents and such filings are often time sensitive and exceed the $200 petty cash amount currently kept by the Town Counsel's Office, and TOWN BOARD MEETING 05-04-2009 MTG. #20 1003 WHEREAS, the Town Budget Officer has therefore requested an increase in the Town Counsel's Office's petty cash allotment from $200 to $500 which will provide for timely filings and/or recordings of documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the Town Counsel's Office's petty cash allotment from $200 to $500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Counsel's Office and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES :None ABSENT: None RESOLUTION AUTHORIZING CONTINUED USE OF MINOR ENCROACHMENT ONTO RICHARDSON STREET RESOLUTION NO. 167, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Stan Dobert is the owner of a one-story building located at 52 Main Street in the Town of Queensbury, where a portion of such property encroaches onto an area where Richardson Street, a Town Road, is located, and WHEREAS, such encroachment does not interfere with such Town Road, and WHEREAS, Mr. Dobert seeks to add a story to such building located at 52 Main Street, but will not encroach any further onto Richardson Street, NOW, THEREFORE, BE IT TOWN BOARD MEETING 05-04-2009 MTG. #20 1004 RESOLVED, that the Queensbury Town Board hereby authorizes Stan Dobert's continued use of such minor encroachment onto Richardson Street provided that: 1. such encroachment shall not be increased; and 2. Mr. Dobert obtain all necessary Town and other approvals regarding any expansion of his building. 3. Provided however that if the current development reveals a foundation problem such that a complete tear down is necessary this approval is revoked. Duly adopted this 4th day of May, 2009 by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES :None ABSENT: None Discussion held: Councilman Montesi-The only exception that I just want to make so it is on the record, we have just enacted a new zoning and part of the ordinance is a new Main Street Exit 18 and it will adversely effect this property in the sense that they are going to have to go before the Planning Board and I just do not want them to be disappointed in the fact that they may not be able to do what they really think they can do on this property. Supervisor Stec-The Town Board is saying we are ok allowing you to continue with what has been there for eighty years but that by no means that there will be an automatic approval for their project at the Planning Board level. This is just putting it on record that we acknowledge that it exists and we are authorizing it to continue assuming that they keep the structure there. Councilman Strough-Should the walls and the foundation not support a second story and you then come to the conclusion that you have to destroy this first story and foundation, should that occur then I do not think we should still allow the three foot encroachment. If you are going to use the current foundation and the current walls and the second story all fits in then I am in favor of allowing the three foot encroachment. Town Counsel read the following into the resolution: 3. Provided however that if the current development reveals a foundation problem such that a complete tear down is necessary this approval is revoked. Councilman Brewer and Metivier agreed to the amendment to the resolution and a vote was taken. RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF MAY 5~, 2009 RESOLUTION NO.: 168, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier TOWN BOARD MEETING 05-04-2009 MTG. #20 1005 WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the Warrant with a run date of Apri130th, 2009 and a payment date of May Stn 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of Apri130th, 2009 and payment date of May 5th, 2009 totaling $197,525.25, 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. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES None ABSENT: None RESOLUTION AND FINAL ORDER ESTABLISHING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE THE RAWSON SUBDIVISION RESOLUTION NO. 169, 2009 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 the Rawson Subdivision (Subdivision) on the west side of West Mountain Road 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 G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water district extension to connect the Subdivision to the existing Queensbury Consolidated TOWN BOARD MEETING 05-04-2009 MTG. #20 1006 Water District water main along the east side of West Mountain Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, on January 26th, 2009, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller's Office, all as required by law, and WHEREAS, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension on Monday, February 23rd, 2009 and the Town Board considered the evidence given together with other information, and WHEREAS, the action is a Type II action per NYCRR §617.5(c)(11), so SEQRA review was not required, and WHEREAS, by Resolution No.: 65, 2009, the Town Board established the proposed Water District Extension in accordance with Town Law Article 12-A and consolidated the Extension with the Queensbury Consolidated Water District in accordance with Town Law §206-a, and WHEREAS, the Queensbury Town Clerk has reported that petitions requesting a referendum have not been filed, and WHEREAS, State Comptroller approval is not necessary, NOW, THEREFORE, BE IT TOWN BOARD MEETING 05-04-2009 MTG. #20 1007 RESOLVED AND ORDERED, that it is the final determination of the Queensbury Town Board that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. It is in the public interest to establish, authorize and approve the Water District Extension to serve the Rawson Subdivision to the Queensbury Consolidated Water District as has been described in the Map, Plan and Report on file with the Queensbury Town Clerk and as more specifically described in this Resolution; 3. All property, property owners and interested persons within the Extensions are benefited; 4. All benefited property and property owners are included within the limits of the Extension; and 5. In accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended, and IT IS FURTHER, RESOLVED AND ORDERED that: 1. Such Extension to the Queensbury Consolidated Water District be and the same is hereby authorized, approved and established in accordance with the boundaries and description set forth in the previously described Map, Plan and Report on file in the Queensbury Town Clerk's Office for public inspection. 2. The boundaries of such Extension to the Queensbury Consolidated Water District are to be as set forth in the previously described Map, Plan and Report. 3. The proposed improvements consist of construction of infrastructure to support the Subdivision which include a horizontal subsurface boring TOWN BOARD MEETING 05-04-2009 MTG. #20 1008 under West Mountain Road to be made to provide access to the Town's water main along the east side of West Mountain Road. A 6" ductile iron water supply will be installed south of the new subdivision road and will dead-end at a fire hydrant in the middle of the cul-de-sac. Individual taps to serve each new building lot will be made to this new 6" water line. All new installations and taps will be coordinated with the Town of Queensbury Water Department. Maintenance of the existing and new facilities will be provided by the Town of Queensbury Water Department. 4. All new capital costs associated with the installation of the new water supply facilities including materials, excavation and labor will be paid by the subdivision developer. There is no cost to the Town or the District for this District Extension. 5. The capital improvements necessary for this service area were provided and paid for by the Subdivision developer and so there will be no debt service costs related to this District Extension to the District. The estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one family home for operation and maintenance and other charges (assuming an average water usage) is $561. There will be no hook-up fees and the cost to construct a water service connection from the new 6" water main to each new structure and the purchase and installation of a water meter would be included in the total cost of each home. 6. 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. 7. The developer of the Subdivision will pay all costs of the improvements so there will be no financing required by the Town on behalf of the District. 8. 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. 9. All expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended and the costs of operation, maintenance and improvements shall TOWN BOARD MEETING 05-04-2009 MTG. #20 1009 continue to be financed on both an ad valorem basis and a water rent basis. and BE IT FURTHER, ORDERED that 1. The Town Clerk shall file and record in the Warren County Clerk's Office: A) a certified copy of this Resolution and Order, and B) a certificate that no petitions for referendum have been filed; 2. Any other filings of this Resolution mandated by law shall be completed by the Town Supervisor, Town Clerk, Water Superintendent and/or Town Counsel's Office; and BE IT FURTHER, ORDERED, that a consolidated assessment bill shall be prepared for next year in which assessments are levied against the extended District, and BE IT FURTHER, ORDERED, that this Order is a Final Order and shall take effect immediately. Duly adopted this 4th day of May, 2009, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY DONALD AND MARGARET MERRIHEW RESOLUTION NO.: 170, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION TOWN BOARD MEETING 05-04-2009 MTG. #20 SECONDED BY: Mr. Anthony Metivier 1010 WHEREAS, Donald and Margaret Merrihew (the "Petitioners") previously commenced an Article 7 Real Property Assessment Review case in 2007 against the Town of Queensbury concerning the assessment on certain property located at 2 Brookshire Terrace, Town of Queensbury -Tax Map No.: 308.18-1-50 (the "Property"), and WHEREAS, the Town Assessor has reviewed the case with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, 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 proceeding filed by Petitioners as follows: 1. The assessment on the Property on the 2007 assessment roll shall be set as follows: ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2007 $600,000 $545,000 and BE IT FURTHER, RESOLVED, that the Assessment on the Property shall be $545,000 for the 2009 Assessment Roll and the Assessment shall remain at $545,000 for the 2010 and 2011 assessment rolls unless there is a Town-wide revaluation or the Property is further improved, or is destroyed or is subject to some other exception provided for under Real property Tax Law §727(2), and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs that any over-payment of Town Special District taxes based upon the assessment prior to reduction for the year 2007 shall be refunded, with interest if ordered by the Court, within sixty (60) days after service upon the taxing authorities of the Order approving settlement with Notice of Entry, and TOWN BOARD MEETING 05-04-2009 MTG. #20 BE IT FURTHER, 1011 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. Duly adopted this 4th day of May, 2009 by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT: None 4.0 CORRESPONDENCE NONE 5.0 TOWN BOARD DISCUSSIONS Ward IV-TIM BREWER • May 16, 2009 11:00 am. Grand Opening of the West End Park events for the kids and adults. • Vision Engineer had their final walk through on Michaels Drive, the clean up is done, the residents have not had any water since the construction began. Ward III-JOHN STROUGH • May 25th the Glens Falls/Town of Queensbury Memorial Day Parade starting at 10:00am Down Glen Street starting at Bay Road and ending at Crandall Park in front of the YMCA • May 29th Relay for Life -Queensbury School Track 7pm to lam Thanked Ms. Rishel for the efforts that you make there. • Starting today the Water Dept. will be testing fire hydrants in the Town, any discoloration in the water just check conditions before doing laundry, water heaters should be flushed after completion of the program. • Town pickup dates Ward II May 4th -8th Ward III May 11th-15th Ward IV May 18th-29th Ward I June 1st-5th. Leaves, pine needles in a biodegradable bags will not pick up over fifty pounds tree limbs no larger than 8 feet and 4" in diameter. Ward II-RONALD MONTESI • Will be speaking to a fourth grade Social Studies Class at Queensbury School on Town government. • Bid process is moving along on the Court house remodel, a couple of weeks ago I spent some time on the bench with Judge Muller at his invitation he wanted to show me on a Monday how busy they were and how confined their space is. • Spoke on water problem on Homer Avenue, at this point we are at a stale mate with one of the businesses on Quaker Road refuses to sign the easement; engineering work is completed waiting for easement. Ward I-ANTONY METIVIER TOWN BOARD MEETING 05-04-2009 MTG. #20 1012 • American Legion Memorial Day Ceremony on May 24th at 1:00 P.M. at Hovey Pond • Encouraged all the people that are placing fertilizer on their property to use phosphorus free fertilizers... if you live near any bodies of water if you are going to fertilize please use phosphorus free if you keep the phosphate down going into the lake it doesn't feed the algae, milfoil all the weeds .. . Supervisor -DANIEL STEC • Town's website www.queensbury.net • Thanked TV8 and our Sponsors for airing our Board Meetings • Saturday May 1st Loyalty Day Ceremony -held at VFW 6196 -West Glens Falls Vol. Fire Co. also participated - Dedicated to the memory of Chic Daley and Tom Durkee • May 1st. attend an Eagle Scout Ceremony-we recognize the efforts of these young men presented slate plaque -present at ceremony was Jack Diamond, Theresa Sayward, and Scott Murphy. • Milestone on EMS bill for service -since inception coming up on three million dollar threshold amount raised from third party billing. • County issues: Tough year for the upcoming budget for 2010 Wednesday Committee meeting Personnel and Finance will be discussing program and staffing for 2010 ... We have some serious discussions to have and some decisions to make and it is not going to be easy. Warren County Board did vote down increase in sales tax, Warren County continues to be the lowest sales tax county in the State, there are five counties out of sixty two that have a seven percent sales tax rate. A cancer survey will be held at the Relay for Life by the American Cancer Society on May 29th 2009 Queensbury High School Track 6pm to lOpm at the tent. For more information ca11792-5377 RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 171,2009 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 an Executive Session to discuss current litigation with Town Counsel. Duly adopted this 4th day of May, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 172,2009 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 adjourns its Executive Session. Duly adopted this 4th day of May, 2009 by the following vote: TOWN BOARD MEETING 05-04-2009 MTG. #20 AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No action taken during executive session. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 173,2009 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 adjourns its meeting. Duly adopted this 4th day of May, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, 1013 Miss Darleen M Dougher Town Clerk-Queensbury