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2009-08-03 MTG #30 Regular Town Board Meeting 08-03-2009 MTG # 30 154 REGULAR TOWN BOARD MEETING MTG# 30 AUGUST 3, 2009 RES #257-265 7:00 P.M. B.H. 18-19 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 257,2009 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 from Regular Session and moves into the Queensbury Board of Health. rd Duly adopted this 3 day of August, 2009, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT MARRA RESOLUTION NO.: BOH 18, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and Regular Town Board Meeting 08-03-2009 MTG # 30 155 WHEREAS, Robert Marra has applied to the Local Board of Health for variances from Chapter 136 to allow a new leaching system to be located: 1.2’ from the front property line in lieu of the required 10’ setback; and 2.53’ from the well in lieu of the required 100’ setback; on property located at 112 Seelye Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, August 17, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert Marra’s sewage disposal variance application concerning property located at 112 Seelye Road in the Town of Queensbury (Tax Map No.: 227.17-2-8) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Given that the New York State standard is a hundred feet and that is kind of a minimum this is fifty feet would it be prudent to have the Town Engineer review this? SUPERVISOR STEC-If the board would like to I can certainly ask Dan Ryan to take a peek at it does everyone agree that’s a good idea? COUNCILMAN METIVIER-I think it is a great idea. COUNCILMAN BREWER-If he could get back to us in a week or so with comments if he has any. COUNCILMAN STROUGH-I rather ask now than the night of the meeting. SUPERVISOR STEC-Absolutely rather than waste anyone’s time if we can get those questions looked at by our Engineer. I will contact Dan Ryan tomorrow and ask him to take a look at this for us and prepare some sort of report for our next meeting. COUNCILMAN MONTESI-Obviously everybody is entitled to have a variance or at least apply for one. At what point do we say we are really not interested in doing it when we are Regular Town Board Meeting 08-03-2009 MTG # 30 156 talking about lake property, right. Now we are going from a hundred feet to fifty feet and two feet on the sideline. SUPERVISOR STEC-We have said no before. If we are not comfortable with it we can either modify it…. COUNCILMAN STROUGH-We can ask them to do maybe a holding tank. SUPERVISOR STEC-We can certainly talk about that next Monday night if that is the desire of the board. If the board is going to be more comfortable with that certainly we have done that before as well, I would definitely think that would be in our realm of options any other discussion? Again, we will set this public hearing for two weeks from tonight August 17, and I will also shoot Dan Ryan an email tomorrow on this application. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH 19, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. rd Duly adopted this 3 day of August, 2009, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi Noes: None Absent:None 2.0PRIVILEGE OF THE FLOOR - MARYLEE GOSLINE, 25 BLIND ROCK ROAD, QUEENSBURYSpoke to theboard as the Board of Health regarding the safety of the pond on her property felt in was in their best interest to test the pond water in the back pond and the runoff, which empties into the pond. Also supplied the board with two other tests, which they took in 1991 and 1998 from the front pond and paperwork that was collected over the years noting they have always been concerned with the cleanliness and the future of the pond, which is classified as an A 1 Trout Stream. LORRIE MATUSZAK, 420 BIG BOOM ROAD, QUEENSBURY-Spoke to the board regarding the Saratoga Rowing Association and the Revocable License Agreement with Hudson River Park, Mr. DeSantis, the County and the Town regarding a section in it for the use of park by third parties. Section B states, prior to issuance of a permit the organized group other than the Town shall have received a policy of protective liability insurance, which the Town did. The policy set forth in paragraph 2, which is a million dollars of this agreement naming the Town as the insured noting the insured on it is the Saratoga Rowing Club and the second the County. The insurance policy they have given the Town names them as the insured the Town as secondary and the County is not even in it. SUPERVISOR STEC-To check on this tomorrow. MRS. MATAUSZAK-Spoke to the board regarding Resolution Authorizing Installation of Street Light on Coby Drive questioned the board why would they put a street light on Coby Road when there is not a single residence on that road when we have several other streets in the Town with lots of homes on them they don’t have street lights. Regular Town Board Meeting 08-03-2009 MTG # 30 157 COUNCILMAN BREWER-This was requested probably three years ago by residents that have camps down there. There is parking, dumping going on we have asked the Sheriff’s to patrol down there the Sheriff’s can’t be down there twenty four hours a day seven days a week. For an inexpensive street light hopefully it will detour some of the people from parking down there and littering. It happens to be an isolated area way back in the woods, but there are some camps along the river there it was requested and I didn’t see an issue with it, it is not a lot of money that is why it is here. MRS. MATUSZAK-Stated she doesn’t think they should be wasting money on a road that has no residences, hopes this is not because of who owns the property down there. COUNCILMAN BREWER-Not at all. MR. TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke regarding Resolution Authorizing Agreement Between West Glens Falls Emergency Squad Inc., and Warren County for Provision of Ambulance Transport Services asked what is being done here. SUPERVISOR STEC-Our contract with the Rescue Squads all require that before they can entered into an agreement with another agency like another Town or in this case the County Sheriff’s Office that they need a resolution authorizing it from the Town Board. The agreement is for a flat contractual rate between the Rescue Squad and the County Sheriff’s Office for prisoner transport for ambulance needs. It will be a flat rate ninety four hundred dollars on an annual basis whether they get one or twenty calls to take a prisoner to the hospital it is a flat annual rate. JOHN SALVADOR, RESIDENT OF NORTH QUEENSBURY-I read in the Lake George Mirror an article concerning the sewage spill at Shepard Park. There is a paragraph in here that I would like to call to your attention. It says according to Blais the Lake George Village has been charged by the New York State’s Department of Environmental Conservation with violating state regulations that prohibit discharging waste into Lake George. At first blush this sounds like a very generic kind of a prohibition, but it is not that at all. It is a very very specific law in the Environmental Conservation Law that prohibits this sort of thing. It is the law that I referred you to when I was discussing the San Souci application. This law holds the local Board of Health of any such municipality shall examine into any alleged offense against this section within its jurisdiction and cause the same to abated by injunction or otherwise if found to exist. It is the local Board of Health that is responsible for this and that is what I think we have to understand. They will bring an order on consent probably against the Village I think they should bring it against the local Board of Health and hold the members of the local Board of Health responsible for what’s going on. By the same token I think you are responsible for the sort of thing that is going on at the San Souci that should be abated. As, I looked into the local Board of Heath I find something interesting in the law dealing with public health organizations and I am reading to you from Section 307. COUNCILMAN MONTESI-Hey, John can I just stop you for a minute. When you say we should abate what’s going on at the San Souci you are assuming that they are dumping raw sewage into Lake George is that the assumption? MR. SALVADOR-I am not assuming that is not true at all. COUNCILMAN MONTESI-What are you saying? MR. SALVADOR-Read the minutes of their hearing before you when you ask questions about what they had for a septic system now what did you get for an answer. COUNCILMAN MONTESI-A system that is failing. COUNCILMAN BREWER-Now they have holding tanks. MR. SALVADOR-How do they know it is failing they don’t even know where it is. COUNCILMAN METIVIER-I don’t believe that’s true. Regular Town Board Meeting 08-03-2009 MTG # 30 158 MR. SALVADOR-The question came up about grease no idea what’s going on that’s pollution. COUNCILMAN BREWER-Do you know where it is John? MR. SALVADOR-It is not my business to know where it is, it is your business to know. COUNCILMAN BREWER-I understand that, but we have solved any or if there is a problem it is going into a holding tank so I don’t know what your issue is with that. MR. SALVADOR-There is a prohibition on the use of holding tanks in the Lake George basin under certain circumstances. COUNCILMAN METIVIER-You are contradicting yourself. MR. SALVADOR-I am not. COUNCILMAN MONTESI-Stop right there so what would you suggest that as you used to own the Dunham’s Bay if you had a problem like that we shut you down put yourself in a position of being able to make a decision like that and say, I either shut them down and then they won’t be polluting the lake anymore if they were in fact polluting it. MR. SALVADOR-I had a lot of problems like that I took care of them. COUNCILMAN METIVIER-As they are. MR. SALVADOR-As they are. COUNCILMAN METIVIER-They are spending an awful lot of money to take of them. MR. SALVADOR-They are taking care of them as they go for a permit to expand the business and that is what is prohibited. COUNCILMAN METIVIER-They are being taken care of you did this two weeks ago where you contradicted yourself. MR. SALVADOR-Excuse me Mr. Metivier I did not contradict myself. I showed you the design manual that prohibits what you have approved in the Lake George basin. COUNCILMAN METIVIER-You are asking for us to take the steps the appropriate steps to get this cleaned up, which we have done. MR. SALVADOR-It is not in your purview that’s the point. COUNCILMAN METIVIER-I must be confused then. MR. SALVADOR-It is the purview of the DEC as it says right there in that article it is the DEC now that’s the law. I was going to also mention that Section 307 talks about the general provisions of local Board of Health organizations. It says in here that every local Board of Health shall meet at stated intervals to be fixed by it. This arrangement you do every week in your Town Board Meetings doesn’t satisfy that requirement. You are suppose to have a separate Board of Health meeting at stated intervals when the public can come and talk and address the issues of the public Board of Health and not mixed in with all the other business you have to do here tonight that’s the law. Every Board of Health shall meet at stated intervals to be fixed by it you have never done it that way. COUNCILMAN BREWER-I would just say to that I think if we are doing anything against the law or wrong our Attorney’s would tell us. MR. SALVADOR-They will only tell you if you ask them have you asked them? COUNCILMAN BREWER-No, but we certainly will. Regular Town Board Meeting 08-03-2009 MTG # 30 159 MR. SALVADOR-Could you do it in this case? SUPERVISOR STEC-I am jotting down exactly what you just said and I will ask our Attorney. MR. SALVADOR-Concerning San Souci again, I checked with Mr. Brown because I did address a letter to him I checked with him on the status of it. He says that he gave that to Dave Hatin. Dave Hatin has this ball it is coming before the Planning Board for final review this month I don’t know what the staff recommendation are or what is going on. Fundamentally I feel that you should repel that resolution that you passed allowing those holding tanks it was not your jurisdiction and you should turn this over to the DEC that project should not go any further. I didn’t get that satisfaction from Mr. Brown and I have no idea where it stands with Mr. Hatin maybe you do anyone know any report? Anyway, as I say, it is coming up before the Planning Board it should not move forward. BETTY MONAHAN, SUNNYSIDE-Spoke to the board asking if anything could be done regarding the phones books being thrown on the roadside under the mailboxes. SUPERVISOR STEC-To look into this. 3.0RESOLUTIONS RESOLUTION AUTHORIZING LAKE GEORGE TRIATHLON RESOLUTION NO. 258, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Adirondack Triathlon Club, a not-for-profit organization, has requested authorization from the Queensbury Town Board to conduct the Lake George Triathlon to benefit local organizations including the Glens Falls YMCA Youth Scholarship Program as follows: SPONSOR : Adirondack Triathlon Club EVENT : Lake George Triathlon th DATE : Saturday, September 19, 2009 TIME : Approximately 9:15 a.m. – 11:30 a.m. (Bike Leg Portion) PLACE: Warren County Bike Trail and then Birdsall, Round Pond, Blind Rock, Haviland, Rockwell, Sunnyside, Jenkinsville and Ridge Roads (Map and letter delineating course is attached); NOW, THEREFORE, BE IT Regular Town Board Meeting 08-03-2009 MTG # 30 160 RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Triathlon Club to conduct the Lake George th Triathlon partially within the Town of Queensbury on Saturday, September 19, 2009, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT ON COBY DRIVE RESOLUTION NO.: 259, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, due to public safety concerns, the Queensbury Town Board wishes to arrange for placement of a street light on Coby Drive in the Town of Queensbury, and WHEREAS, such proposed light is located outside the boundaries of any Town of Queensbury Lighting District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves installation of a high pressure sodium lamp on Coby Drive in the Town of Queensbury on National Grid , Pole #NM5 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that annual charges for the light, since it is outside of any Town Lighting District, shall be billed from General Fund Account No.: 001-5182-4305 or such Account to be determined by the Town Budget Officer, and Regular Town Board Meeting 08-03-2009 MTG # 30 161 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with National Grid Power Corporation and the Town Supervisor and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH DEDICATION OF EXTENSION OF BLACKBERRY LANE RESOLUTION NO.: 260, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 175,2005 the Queensbury Town Board authorized the dedication of an extension of Blackberry Lane, such acceptance conditioned on the Town’s receipt of $10,000 cash escrow from Michael and Yvonne Wild (Developers), and WHEREAS, the Developers provided the Town with the required $10,000 and entered into an Escrow Agreement with the Town, and WHEREAS, as required by the Escrow Agreement, the Town deposited the $10,000 in an interest bearing account, and WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the Developers have completed, to the Highway Superintendent’s satisfaction, the top coat of the road extension and has requested that the monies held by the Town be released, and WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held in escrow to the Developers as required by the Escrow Agreement, NOW, THEREFORE, BE IT Regular Town Board Meeting 08-03-2009 MTG # 30 162 RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to Michael and Yvonne Wild in connection with the dedication of an extension of Blackberry Lane, which sum shall be the amount of $10,000 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH DEDICATION OF ESSEX COURT IN SUTTON PLACE SUBDIVISION RESOLUTION NO.: 261, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 371,2006 the Queensbury Town Board authorized the dedication of Essex Court in the Sutton Place Subdivision, such acceptance conditioned on the Town’s receipt of $23,790 cash escrow from The Michaels Group Development, LLC (Developer), and WHEREAS, the Developer provided the Town with the required $23,790 and entered into an Escrow Agreement with the Town, and WHEREAS, as required by the Escrow Agreement, the Town deposited the $23,790 in an interest bearing account, and WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the Developer has completed, to the Highway Superintendent’s satisfaction, the top coat of the road and has requested that the monies held by the Town be released, and Regular Town Board Meeting 08-03-2009 MTG # 30 163 WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held in escrow to the Developer as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to The Michaels Group Development, LLC in connection with the dedication of Essex Court in the Sutton Place Subdivision, which sum shall be the amount of $23,790 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID TO TOM KUBRICKY CO., INC. FOR RICHARDSON STREET AND RYAN AVENUE AREA WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 262, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 41, 2009 the Queensbury Town Board authorized engagement of Barton & Loguidice, P.C. (Barton) for engineering and survey services concerning the replacement of water mains in the area of Richardson Street and Ryan Avenue in the Town of Queensbury (Project), and WHEREAS, by Resolution No.: 234, 2009 the Town Board authorized the Project and established funding for expenses associated with such Project to be paid for from Fund #141 Water Transmission Enhancement Capital Project, and Regular Town Board Meeting 08-03-2009 MTG # 30 164 WHEREAS, Barton prepared bid documents and specifications to advertise for bids for the improvements and by Resolution No.: 235, 2009, the Town Board authorized such advertisement for bids, and th WHEREAS, on July 28, 2009, the Town Purchasing Agent duly received and opened all bids, and WHEREAS, Barton, the Purchasing Agent and the Water Superintendent have recommended that the Town Board award the bid to the lowest responsible bidder, Tom , Kubricky Co., Inc., for an amount not to exceed $149,462.70 and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for replacement of water mains in the area of Richardson Street and Ryan Avenue in the Town of Queensbury (Project), from the lowest responsible bidder, Tom Kubricky Co Inc., for an amount not to exceed $149,462.70 to be paid for from Fund #141 Water Transmission Enhancement Capital Project as more specifically set forth in Resolution No.: 234,2009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and Tom Kubricky Co Inc., in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $7,473.14 that he deems necessary or appropriate, and BE IT FURTHER, Regular Town Board Meeting 08-03-2009 MTG # 30 165 RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – WARRANTS OF THTH JULY 16 AND AUGUST 4, 2009 RESOLUTION NO.: 263, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills thth presented as Warrants with run dates of July 16 and July 30, 2009 and respective payment thth dates of July 16 and August 4, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with ththth run dates of July 16 and July 30, 2009 and respective payment dates of July 16 and th August 4, 2009 totaling $19,150 and $579,214.55, respectively, 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. rd Duly adopted this 3 day of August, 2009, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None Regular Town Board Meeting 08-03-2009 MTG # 30 166 ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN WEST GLENS FALLS EMERGENCY SQUAD INC. AND WARREN COUNTY FOR PROVISION OF AMBULANCE TRANSPORT SERVICES RESOLUTION NO.: 264, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and conditions including a condition that the Squad may contract with other municipalities to provide ambulance service and enter into contracts or otherwise bill those municipalities for the services provided, so long as copies of any contracts proposed to be entered into by the Emergency Squad are authorized by Resolution of the Queensbury Town Board, and WHEREAS, the Squad wishes to enter into an Agreement with Warren County, on behalf of the Warren County Sheriff’s Office (County) for the remainder of 2009 for the Squad’s provision of ambulance transport services from the Warren County Correctional Facility to the Glens Falls Hospital or nearest appropriate facility for the flat rate fee of $9,400 annually, and WHEREAS, such funds received by the Squad would be treated the same as its other collected bill-for-service funds, and WHEREAS, a proposed Agreement has been presented at this meeting, and WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on this proposal to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.’s Agreement with Warren County, on behalf of the Warren County Sheriff’s Office for the provision of ambulance transport services set forth in the preambles of this Resolution, substantially in the form presented at this meeting, and BE IT FURTHER, Regular Town Board Meeting 08-03-2009 MTG # 30 167 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take any action necessary to effectuate all terms of this Resolution. rd Duly adopted this 3 day of August, 2009 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 4.0CORRESPONDENCE NONE 5.0TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? The article in newspaper regarding the picnic table being destroyed at the West End Park asked to have this replaced. Supervisor Stec noted a Veterans Group has contacted the Town and has offered to donate a picnic table. COUNCILMAN STROUGH ? The Queensbury Post if you are not a member and are fifty five or older it cost fourteen dollars or a single membership is ten dollars you can contact them at 761-8224. ? The Article in the Post Star on Sunday July 26, 2009 regarding Hannaford building a Lead Store (Leadership in Energy in Environmental Design) it is not easy to get this certification. We do offer density bonuses with our residential development and for energy star noted we do not offer this for commercial. Recommended offering some kind of a bonus to commercial enterprises that might want to entertain Lead Certification. COUNCILMAN MONTESI ? Wednesday at 1:30 p.m. Ralph Macchio, Tony Metivier, myself someone from DEC and Soil and Water will be walking the mountain. Mr. Macchio said he is about ninety five percent complete on whatever environmental issues the Town and DEC and Soil and Water had on the mountain he is ready for an inspection. ? Spoke regarding the issue on Glenwood Avenue received a phone call from the Foreman and from the Department of Public Works he was stopping by her house there is a new Foreman it got lost in the transition they will fix the fence, Mr. Naylor noted it was all done. ? The new trail that is proposed for Meadowbrook Road we are going to start the process. We need to get a permit from the Army Core of Engineers and DEC we are working on it at this point. We would like to have a small parking area off of Meadowbrook Road for six or eight cars some crushed stone with a culvert that gets you across that meadow into the woods where the trail will be a mile loop. That will be phase one of a walking trail it certainly will benefit the Senior Citizens that live on Meadowbrook, the apartment dwellers, and also Waverly Place. Regular Town Board Meeting 08-03-2009 MTG # 30 168 COUNCILMAN METIVIER ? Beautification Committee is still looking for nominations for residents in each of the four Wards that have exceptionally beautiful yards. If you notice someone’s yard that is pleasing to look at please let the Beautification Committee know or if it is easier for you to click on the website then go to each of the four Ward Councilman’s email addresses we would be happy to forward those nominations on for you. If you want to send something in the mail it is the Beautification Committee at the Town of Queensbury 742 Bay Road. ? The corner of Quaker and Bay if you look at the rock garden it is absolutely beautiful this year. ? The corner of Quaker and Bay and Hovey Pond these are all volunteers that are taking care of this if you stop and look at it and recognize how beautiful it is these are people giving up their time for you. With that being said, if you don’t have something to do some nights go over to Hovey Pond and walk around that it is absolutely beautiful it is all volunteers doing that work a big thanks to them keep of the good work a lot of people are enjoying it. SUPERVISOR STEC ? Thanked TV 8 and our sponsors for televising our meetings. ? Town’s website www.queensbury.net RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETINGS RESOLUTION NO. 265, 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 Regular Town Board Meeting. rd Duly adopted this 3 day of August, 2009, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury