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2010-01-11 MTG #3 REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 504 REGULAR TOWN BOARD MEETING MTG 3 JANUARY 11, 2010 RES 61-78 7:00 P.M. 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 COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC-Opened meeting. 1.0PUBLIC HEARINGS PUBLIC HEARING – SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX – FREE FINANCING/DEBT FOR SUCH PURCHASE PUBLICATION DATE: DECEMBER 25, 2009 - SUPERVISOR STECThe Town Board has been meeting off and on with all the Fire Companies working towards renewing their contracts also now that we have the apparatus study complete from MMA from a few months ago we have been implementing the recommendations that have been in that plan. South Queensbury this first one is to replace Engine 307, which if my notes are correct is an 1985 piece of apparatus with a 2010 engine pumper tanker at a cost not to exceed a total of five hundred and seventy five thousand dollars. That includes about thirty five or forty thousand dollars for some oxygen breathing equipment on the truck. Again, according to the replacement schedule that was part of the MMA Study this is in line with the recommended replacement for apparatus of that engine type. Because they want to use tax free financing that requires a public hearing, which is the purpose of having a public hearing on the matter tonight. The second one following this public hearing will be on a three year contract between the Town and South Queensbury. We had been on one year contracts largely while we were figuring out the apparatus study we wanted to get this study done and kind of put a few other things like the district question mostly to bed. So we were going on a year to year basis, but certainly there was no reason why we couldn’t go with a longer term in fact in many instances it is in the public’s interest to have it known quantity for these contracts. Anyways they have a propose three year contract that keeps their costs including the financing for this new truck I’ll add to percentages that are inflationary or even less than historic inflationary numbers just wanted to put that out there. With that said I will open the public hearing on this first public hearing. If there is anyone from the Fire Company that wants to add to what I said maybe give a little more detail if the Chief wants to or somebody else wants to come up here tonight maybe just add some detail to it take a few questions maybe from the Town Board then we will let the public comment. ERIC LETTUS, CHIEF SOUTH QUEENSBURY FIRE COMPANY AND JOHN HARRINGTON, PRESIDENT OF SOUTH QUEENSBURY FIRE COMPANY –MR. LETTUS-Just a couple things I would also like to thank the Town Supervisor and the Town Board for working with myself and the elected officials in South Queensbury Fire Company for the past five years and building a trust and a good leadership relation. As, Dan said we are looking to buy a truck not to exceed five hundred and seventy five REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 505 thousand financing for a ten year loan, four percent interest. The truck will actually be paid off nine years eight months through Glens Falls National. We are also looking to make one annual payment of fifty seven thousand five hundred dollars in April of every year then just paying interest for eleven months. Over the life of the loan we will be saving twenty four thousand dollars. We have a vehicle restricted fund right now we currently have seventy nine thousand dollars in it we are using that money in March to put down debt on our building so our building is paid off sooner so we can roll from one debt into another not show any big spikes to the taxpayers of the Town of Queensbury. Our last mortgage payment we made December of 2010 new payments on the truck will start April of 2010 we will actually receive the truck in January or February of 2011. In getting this new truck hopefully it will cut down on the maintenance cost of the 1988 Mack that we currently have we are replacing a 1984, 1985 the same close enough. We will be putting that on the market looking to start bids out at twenty thousand dollars. COUNCILMAN MONTESI-If you get a chance you ought to send a letter to the guys down in Green County, Ashford that just had their firehouse burn and all of their equipment in it, it’s just a thought. MR. LETTUS-Okay, we got that today. The debt that we do get from the payment of selling 307 we would probably put it down on our rescue since that was a ten year loan and the next engine is due to be replaced in five to seven years so we are trying to get that loan paid off so we can show no spikes to the Town. COUNCILMAN STROUGH-Eric can you tell me a little bit about the old vehicle I mean you have for the sake of the public. MR. LETTUS-It is a 1984 Mack we had a new pump put in it in two thousand four. It is open cab it only seats two in the back, two in the front, and a driver. COUNCILMAN STROUGH-Open cabs for people that don’t know some of the firemen on the way to a fire have to ride unprotected. MR. LETTUS-All sorts of weather. We currently put seatbelts in them in two thousand six and two thousand seven in the rear of the vehicles there is nothing to stop them from coming out if something happens. We did have one mishap in the winter of two thousand nine in West Fort Ann the truck went off the road and the guy sitting on the passenger side looked like a snowman we had to dig him out that was moving at five miles an hour. There is no striping it doesn’t meet FPA compliance for fifteen hundred standards as far as the lighting, striping, and visibility of the vehicle parked on the highway. The cab is starting to break apart off the truck our mechanic had done some work to get it back up. This year alone in two thousand nine we put almost thirteen thousand dollars just in maintenance to keep the truck up and running its just starting to really fall apart. COUNCILMAN MONTESI-This will be the first truck you are buying since? MR. LETTUS-Since two thousand we replaced that rescue in two thousand, which is a twenty year loan we have a while on that. COUNCILMAN STROUGH-So it’s been almost ten years. MR. LETTUS-It’s been ten years. COUNCILMAN STROUGH-Then you will have the new vehicle a year from now, which will be one, one, one, one, one. MR. LETTUS-Like I said, according to the MMA it will be another five to six years we should be replacing the other one if that is going to be happening hopefully it does. SUPERVISOR STEC-At this point I will take any public comment there might be is there anybody in the public that would like to comment on this public hearing just raise your hand we will call on you one at a time. These microphones not only amplify, but REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 506 they record for the purpose of the record we ask that you just state your name and address for the purpose of that. GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-As, I said before I think the Town of Queensbury spends too much money on fire protection. I think at this time the economy the way it is I think we ought to freeze all the fire companies they have nice equipment I think this the time to freeze it. Thank you. SUPERVISOR STEC-Is there anyone else from the public that would like to comment on this public hearing? DAVID BRUNO, QUEENSBURY-I just think that the previous gentlemen’s comments are well taken that many of the fire houses in Queensbury do have high quality equipment, but unfortunately a personal review of South Queensbury shows that they are in possession of the oldest equipment in the Town it certainly creates a hazard and a risk insurance wise for Town and safety of our volunteers, which I must give my highest regards to the volunteers that we have and our fire companies. I would encourage you to help them improve their equipment and bring their standard up to par to equal the other volunteer services throughout the Town. SUPERVISOR STEC-Thank you. Is there anyone else that would like to comment on this public hearing; alright I will close the pubic hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION APPROVING SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 61, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the South Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a new 2010 Engine Pumper Tanker (Truck) to replace a current piece of apparatus (E307), as recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $575,000, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 507 other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, proceeds from the sale of the Fire Company’s replaced apparatus would be applied to its highest rate debt, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by entering into an approximately $575,000 maximum amount of tax-exempt financing (having a 10 year term) with a financial institution, and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its Firehouse located at 409 Dix Avenue in the Town of Queensbury, New York, and th WHEREAS, on Monday, January 11, 2010, the Town Board held a public hearing concerning the Fire Company’s proposal and tax-exempt financing as required by the Fire Company’s Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating an aging piece of apparatus (E307) from the Fire Company’s fleet and desires to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company’s corresponding incurrence of tax-exempt debt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the South Queensbury Volunteer Fire Company, Inc.’s proposal to purchase a new 2010 Engine Pumper Tanker (Truck) to replace a current piece of apparatus (E307) as set forth in the preambles of this Resolution for an amount not to exceed $575,000, such purchase already included in the Fire Company’s five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company’s incurrence of approximately $575,000 maximum amount in debt for such purchase with REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 508 the understanding that the Town Board is relying upon the Fire Company’s assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 11 day of January, 2010 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE : COUNCILMAN STROUGH-I just want to thank the volunteers and the new leadership in South Queensbury that have put that fire department back on their feet. Congratulations and thank you for all your efforts I know we pay you a lot per hour and all that we appreciate it, thank you. PUBLIC HEARING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2010-2012 PUBLICATION DATE: DECEMBER 25, 2009 SUPERVISOR STEC-Again, as I mentioned before this is a propose three year contract we appreciate the Fire Company working with us towards that end. It makes it easier for the Town Board to take the risk on behalf of the public as far as financing a new fire truck like that if we know going forward that there is a plan and that things are going to be fairly stable. In fact, I want to point out the two thousand nine contract as you well know is two hundred and fifty nine thousand total. The propose two thousand ten contract is two sixty six eight forty four, which represents a three percent increase. Then two thousand eleven is a two hundred and sixty seven thousand five hundred and twenty five dollar contract, which is on top of that a zero point three percent increase. Then two thousand twelve would be two seventy three five ninety five, which a two point three percent increase over that. All three of those years are at or below the three percent so that makes it a little more stable for us to predict and budget for as we move forward. In addition to that I know that one of the questions that was asked Eric that you specifically wondered as far as the payment schedule would there be enough money in hand to make that springtime payment in twenty eleven and twenty twelve. We did work that in so that there would be the fifty seven thousand dollars, which will be available when you get your second check, which is when you turn in all your stuff for audit, which is up to your REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 509 control, which means in theory you can get it January, February. The other thing is that this resolution that would authorize this agreement also authorizes the use of the seventy seven thousand dollars as we discussed to make the payment on your old mortgage. I just want to let you know that both of those things that we have talked about in the workshops are incorporated in the legislation that the board has in front of them this evening. With that said if there is anyone that would like to comment I will declare this public hearing open. If there is anyone that would like to comment on the three year propose contract with South Queensbury. The last thing that I wanted to point out is that even in year two thousand twelve three years from now the two thousand twelve contract amount for South Queensbury will still be below what the total contract was when I took office as Town Supervisor in two thousand and four. I acknowledge that not only for the public’s benefit to know that hey, here is an example where the fire company budget actually went down is now slowly coming back up, but is still below where it was several years ago. I will publically acknowledge as John did earlier the work that the new leadership has been doing down there in South Queensbury for the last several years to adjust from the issues that you had five or six years ago. You guys are actually pretty good with your paperwork now as far as getting it turned in on time actually you are usually at the front of the curve so we appreciate the effort that you guys have done from an organizational perspective you guys are going a much better job dotting the I’s crossing the T’s communicating with the Town. Just thought I would take the opportunity to point that out to the public that your budget is still less than it was several years ago and it will be even at the end of this next contract. COUNCILMAN MONTESI-There is another thing too, Dan. You had mentioned Eric when you get your second payment the fifty seven thousand that is when the audit from the previous year usually when an audit is done there is kind of an executive summary that says these are some of the deficiencies or things that need to be corrected. All of the fire companies now before they get their second payment have to come back with the corrections of those I will call them deficiencies…. SUPERVISOR STEC-They are final… COUNCILMAN MONTESI-Final. That is really a little bit of a check on us as Dan says you guys have been pretty good lately and that’s great. SUPERVISOR STEC-The public hearing is opened if any members of the public would like to comment on the proposed South Queensbury Fire Contract. NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. FOR 2010 – 2012 AND AUTHORIZE USE OF RESTRICTED FUNDS RESOLUTION NO.: 62, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 510 WHEREAS, the Town and the South Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law th §209(b), the Town Board conducted a public hearing on Monday, January 11, 2010 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, and WHEREAS, the South Queensbury Volunteer Fire Co., Inc., has requested authorization to use funds from their restricted funds in the amount of approximately $77,000 to pay off their building mortgage in November 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the South Queensbury Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the South Queensbury Volunteer Fire Co., Inc., to use its restricted funds in the amount of approximately $77,000 to pay off their building mortgage in November 2010, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 2.0PRIVILEGE OF THE FLOOR GRETCHEN STEFFAN, SECRETARY QUEENSBURY PLANNING BOARD-Spoke to the board regarding their decision not to reappoint Tom Seguljic to the Planning Board REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 511 that she personally disagrees with their decision, but understands that it is in the Town Boards right to override their recommendation. Thanked Mr. Seguljic for his service and his professionalism and dedication to the boards work for the seven years that he has served. Spoke to the board regarding Keith Oborne, Land Use Planner noting he is an asset to the Town and to the process regarding the Planning Board recommended him for special Town Board recognition for exemplary performance. Congratulated board members on their reelection and best wishes for your next term of service to the Town of Queensbury. TANYA BRUNO-Spoke to the board regarding Mr. Seguljic as a prior member to the Planning Board also found Mr. Seguljic’s work exemplary and his passion unequal to others on the board. Asked board members for information on Mr. Schonewolf’s background asked why he is being brought from an alternate to a full time member. SUPERVISOR STEC-We will do that when we get to resolutions. MRS. BRUNO-Believes that Mr. Seguljic has done an exemplary job in protecting the lake is very disappointed that Mr. Seguljic is not being reappointed. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Asked for information regarding the bed tax money noting that Councilman Strough and Councilman Metivier will be meeting with people on how to spend the money. COUNCILMAN METIVIER-Explained that Councilman Strough and he are trying to form a committee with the Lake George Chamber of Commerce, business owners in Queensbury and some residents of Queensbury a Committee to sit down and discuss ways to spend bed tax money to promote the Town of Queensbury to try to get people here. SUPERVISOR STEC-The Town Board will still ultimately retain the control over that money we have, too. MR. TUCKER-Questioned if there are any restrictions put on the money from the County when it comes to the Town? SUPERVISOR STEC-It has to be consistent with the local law that the County adopted six years ago. It has to be used for tourism promotion there are some definitions in there explaining what is and what isn’t tourism promotion. MR.TUCKER-Twenty five thousand to the Great Escape noting the Supervisor’s statement was it was only going to happen once? SUPERVISOR STEC-We certainly communicated that they should not make it part of their budget and count on it from year to year all we had with them was a one year contract for the twenty five thousand dollars. MR. TUCKER-Questioned if Americade is a non profit organization? SUPERVISOR STEC-Believes it is not a hundred percent certain. COUNCILMAN MONTESI-The reason why it was twenty five thousand the County didn’t have any money left in their tax fund except maybe twelve thousand they gave it to them we kind of made up the balance I think they ended up with thirty seven. SUPERVISOR STEC-Total between us. MR. TUCKER-Has a bad feeling giving this money to people that are in business for profit. SUPERVISOR STEC-If the event brings in five or ten times more… MR. TUCKER-Questioned if it did bring in more? REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 512 SUPERVISOR STEC-That is part of the contract with them they need to report to us how they spent it and how successful they were with it so we can decide whether or not it is a good investment to think about the next time. That is the goal is that this is revenue that each Town receives there is a certain flat amount and there is a pro rated amount based on how much they generate that they get back from the County to promote themselves in their own businesses. Specifically we want to use our funds to help our own businesses this is what it is designed for. MR. TUCKER-Understands that no matter what this committee decides you will have total control? SUPERVISOR STEC-Every dollar that passes out of the occupancy tax funds from the Town has to be approved by the Town Board. PETER BROTHERS-Agrees with the assessment of the two previous speakers regarding not reappointing Mr. Seguljic thinks it would not be ill served by another reappointment; his qualifications are very fitting for the position asked if there was a reason for not reappointing? SUPERVISOR STEC-This board has the discretion to appoint whomever it likes at the start of the term. COUNCILMAN STROUGH-I am the one that wants to reappoint him. DAVID BRUNO-Asked if the individual that is going to be reappointed in place of Mr. Seguljic has superior qualifications to an environmental engineer? COUNCILMAN METIVIER-He has fine qualifications he sat on the Zoning Board it is up to the Town Board discretion. COUNCILMAN MONTESI-It doesn’t have to be superior. MR. BRUNO-You are absolutely right it doesn’t have to be superior, but would assume since you are representing the people of the Town that you would only make the best decision that is in the best….. SUPERVISOR STEC-The best candidate the person that we think will do the best job for the Town of Queensbury from our perspective. RONALD DUFOUR, 16 LYNN AVENUE, QUEENSBURY-Thanked the Town Board for making the right decision for South Queensbury and not just looking at them as just six hundred votes, thinks it was the right decision for the safety of the public and safety for the volunteers. TANYA BRUNO-Thanked Queensbury Central Volunteer Fire Department, West Glens Falls EMS and Warren County Sheriff’s for their response, which was commendable and outstanding to their daughter who was in an accident on Friday evening. 3.0RESOLUTIONS RESOLUTION SETTING HEARING ON YUET HON AND SO YING LING’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING FLOWER DRUM SONG CHINESE RESTAURANT PROPERTY LOCATED AT 909 STATE ROUTE 9, QUEENSBURY RESOLUTION NO.: 63, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 513 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, Yuet Hon and So Ying Ling (Applicants) have applied to the Town § Board for a third variance/waiver from Town Code 136-44 for a third extension of the Town’s connection requirements to connect their Flower Drum Song Chinese Restaurant property located at 909 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that they wish to sell the building/property, so a future sewer hook-up might be different if the existing structure is torn down and a new building is in a different location, as more fully set forth in the Applicants’ application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th January 25, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Yuet Hon and So Ying Ling’s sewer connection variance/waiver application concerning their Flower Drum Song Chinese Restaurant property located at 909 State Route 9, Queensbury (Tax Map No.: 296.17-1-38), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send a Notice of Hearing to the Applicants as may be required by law. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION SETTING HEARING ON KENNETH ERMIGER AND MICHAEL SEALE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 719 STATE ROUTE 9 RESOLUTION NO.: 64, 2010 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 514 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Kenneth Ermiger and Michael Seale have applied to the Town Board § for a second variance/waiver from Town Code 136-44 for an extension of the Town’s connection requirements to connect their property located at 719 State Route 9 (formerly a car wash) to the Town of Queensbury’s Route 9 Sewer District as the Applicants state that the property is vacant, the car wash is not in operation, the property is being held for redevelopment, and the property is currently served by a properly functioning on-site septic th system, as set forth in their December 30, 2009 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th January 25, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kenneth Ermiger and Michael Seale’s sewer connection variance/waiver application concerning their property located at 719 State Route 9, Queensbury (Tax Map No.: 296.17-1-42), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING HEARING ON FRANK PARILLO’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1011 STATE ROUTE 9 RESOLUTION NO.: 65, 2010 REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 515 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, Frank Parillo has applied to the Town Board for a variance/waiver § from Town Code 136-44 for an extension of the Town’s connection requirements to connect his property located at 1011 State Route 9 (formerly Jeckel Honda) to the Town of Queensbury’s Route 9 Sewer District as the Applicant states that he plans to redevelop the property, one of the two buildings on the property is vacant and unused and the other building is being leased to Bounce Around, Inc., which employs only three people, and the property’s on-site septic system is in good condition and functioning properly, as set forth in th histheir December 30, 2009 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, th January 25, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Frank Parillo’s sewer connection variance/waiver application concerning his property located at 1011 State Route 9, Queensbury (Tax Map No.: 296.13- 1-23), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO TH CONDUCT 24 ANNUAL SHAMROCK SHUFFLE ROAD RACE REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 516 RESOLUTION NO. 66, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Adirondack Runners Club has requested authorization from the th Queensbury Town Board to conduct its 24 Annual Shamrock Shuffle Road Race as follows: SPONSOR : The Adirondack Runners Club th EVENT : 24 Annual Shamrock Shuffle Road Race th, DATE : Sunday, March 28 2010 PLACE : Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Adirondack th Runners Club to conduct the 24 Annual Shamrock Shuffle Road Race partially within the Town of Queensbury subject to the Town’s receipt of proof of insurance from the Adirondack Runners, 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. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 517 RESOLUTION AUTHORIZING ASSIGNMENT AND GRANT OF EASEMENTS TO UTILITY COMPANIES AS PART OF MAIN STREET UTILITIES RELOCATION PROJECT RESOLUTION NO.: 67, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board (Town) is the duly elected governing body of the Town of Queensbury, and WHEREAS, Main Street is a narrow public highway in the Town, and WHEREAS, the County of Warren (County) has undertaken a project to widen the bounds of Main Street and improve the esthetics and safety of this main corridor within the Town, and WHEREAS, a number of utility facilities are located above-ground along the bounds of Main Street which create an unsafe and esthetically unpleasing environment, and WHEREAS, the Town wishes to alleviate the visual confusion and visual impacts and improve the safety of the public along Main Street relating to above-ground utilities, and WHEREAS, certain utility work is expected to be completed as part of the County’s Main Street Project, and WHEREAS, utilities are required to be relocated underground along Main Street in conjunction with the County’s Main Street Project, and WHEREAS, in accordance with New York State Town Law, the Town may condemn privately owned property within the limits of the Town for a public purpose pursuant to the powers of eminent domain, and WHEREAS, the Town was granted, or obtained through the procedures of the New York State Eminent Domain Procedure Law, easements on a number of properties adjacent to Main Street for the placement of utilities, including municipal sewer, municipal water, and public utilities underground and/or above-ground, and REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 518 WHEREAS, the Town has required National Grid, Verizon New York Inc., and Time Warner Cable, to place utility infrastructure underground within the Town’s easement area and under certain Town roads that intersect with Main Street, and WHEREAS, the Town Board has the authority to assign and grant such easements in accordance with New York State Town Law §64(2). NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes such non-exclusive assignment and grant of easements, specifically authorizing the execution of the Assignment of Easement Rights and Grant of Easement Rights in substantially the form approved by Town Counsel in connection with the Main Street Utilities Relocation Project, to National Grid, Verizon New York Inc., and Time Warner Cable so that such companies shall place their respective utility infrastructure underground within the easement area; and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take any actions necessary to effectuate this Resolution; and BE IT FURTHER 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 11 day of January, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION APPOINTING CURRENT ALTERNATE PAUL SCHONEWOLF AS REGULAR MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 68, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 519 WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 85,2008, the Town Board appointed Paul Schonewolf as an alternate member of the Planning Board, and WHEREAS, a regular member Planning Board vacancy exists and therefore the Town Board wishes to appoint Mr. Schonewolf to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Paul Schonewolf to serve as a regular member of the Queensbury Planning Board st until his term expires on December 31, 2016. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : Mr. Strough ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-I am not voting in favor of this not that I don’t have personally anything opposed to Paul Schonewolf , it is just that I thought that Tom Seguljic was outstanding. The kind of person, I prefer to be on the Planning Board is a person that is committed to understanding storm water impacts, preserving public safety, caring when it comes to the impacts of incompatible land uses protects the environment. Maintains high building standards and landscape standards, recognizes hydrological impacts. Promotes planning that accommodates pedestrians. Protects the floral and fauna of the Town. Promotes a healthy community, promotes a well designed community. Promotes local businesses and economic sustainability and promotes home values and quality of life. Tom Seguljic has an eight year history of giving our community a commitment that has met and exceeded the above criteria. Tom was just unanimously voted to be the Vice Chairman of the Planning Board by his fellow Planning Board members that is how well respected he was by the Planning Board members and I should say respected by many members of this Town we need individuals on this board like Tom Seguljic. We have Main Street, we have South Queensbury redevelopment, and we have so many aspect of Queensbury that really need to be done right. If the job is not done right the things can fall apart pretty quickly. We need a board member who is discriminating, sharp, astute, judicious, perceptive, sensitive, and most importantly willing to recognize and do something about the above items I had mentioned. Now, Tom Seguljic was an Environmental Engineer we should be grateful to have somebody with that expertise on the board, I certainly was for one. Now, what happens when you don’t have discerning individuals on the Planning Board? You get poor planning. You get water quality derogation. You get economic deterioration. You get cell towers in residential neighborhoods. You get poorly planned traffic configuration that causes further traffic congestion and negative impacts on residential areas. You get loss of floral and fauna habitats. You get inappropriate light and noise impacts and so forth. For his eight years representing our community his hard work, his many hours, Tom got nothing REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 520 more from this board then a boot off the Planning Board. I, however, want to send Tom Seguljic my deepest appreciation for all that he has done his contributions to making our community a great place to live are significant and numerous and I just want to thank Tom Seguljic. RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER RONALD KUHL AS REGULAR MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 69, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 234,2008, the Town Board appointed Ronald Kuhl as an alternate member of the Zoning Board, and WHEREAS, a regular Zoning Board vacancy exists and therefore the Town Board wishes to appoint Mr. Kuhl to serve as a regular member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Ronald Kuhl to serve as a regular member of the Town’s Zoning Board of Appeals until his term expires on st December 31, 2016. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-The person who was leaving the board decided that he did not want to be reappointed thanked George Drellos for sitting on the board and Tom Seguljic. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE, INC. RESOLUTION NO.: 70, 2010 REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 521 INTRODUCED BY: Mr. Antony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received a request for funding in the amount of $4,750 from Queensbury Little League, Inc., which will be hosting the Cal Ripken Baseball Mid Atlantic Regional Tournament in the Town of Queensbury in July, 2010, and WHEREAS, such event is expected to draw hundreds of participants and supporters to the Town of Queensbury and the surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Queensbury Little League, Inc., in the amount of $4,750 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Queensbury Little League, Inc., has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Queensbury Little League, Inc., for hosting the Cal Ripken Baseball Mid Atlantic Regional Tournament in the Town of Queensbury in July, 2010 and authorizes the Agreement between the Town and Queensbury Little League, Inc., substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $4,750 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, REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 522 RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-Asked that any of the printed material and/or handouts have the Queensbury logo on it? SUPERVISOR STEC-Asked Counsel to include this as our standard template. TOWN COUNSEL, HAFNER-Like we did for the Great Escape. SUPERVISOR STEC-It should promote the Town of Queensbury it should have our logo on it, that portion of the language that we used for the Great Escape. COUNCILMAN STROUGH-In the future Tony this involves you and I if we could put together a flyer that promotes Queensbury Businesses that the flyer goes out with all their mailings promoting our hotels and our restaurants, and our shopping area so that the people coming from wherever are aware of what’s here so they can start making arrangements and doing plans prior to coming here. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND PARAGON ENGINEERING, P.L.L.C. RESOLUTION NO.: 71, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 109,2009, the Queensbury Town Board authorized an Agreement with Paragon Engineering, P.L.L.C., (Paragon) for engineering related review of applications for site plans and subdivisions as deemed appropriate by the Town Planning Board, and for civil engineering consultation services as requested by the Town Board on an as-needed basis, and WHEREAS, the Town Board wishes to enter into such an Agreement with Paragon for the year 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement with Paragon Engineering, P.L.L.C., for provision of professional engineering services REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 523 strd through December 31, 2010 as described in Paragon Engineering’s December 23, 2009 letter-form agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign such agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board and 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 11 day of January, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : None RESOLUTION AUTHORIZING AGREEMENT WITH VISION ENGINEERING, LLC FOR PROVISION OF PROFESSIONAL ENGINEERING SERVICES RESOLUTION NO.: 72, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 53,2009, the Queensbury Town Board authorized the Town to enter into an Agreement with Vision Engineering, LLC for provision of st professional engineering services through December 31, 2009, and WHEREAS, the Town Board wishes to enter into an Agreement with Vision Engineering, LLC for the year 2010, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 524 RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement with Vision Engineering, LLC for provision of professional engineering services through stth December 31, 2010 as described in Vision Engineering’s December 16, 2009 letter-form agreement presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign such agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board and 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 11 day of January, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION RESOLVING MATTER OF QUEENSBURY TOWN BOARD V. JOSEPH AND DEBORAH RIITANO RESOLUTION NO.: 73, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board commenced action against property owners Joseph and Deborah Riitano of 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) in Warren County Supreme Court, seeking to compel the property owners to bring the premises into compliance with the Town’s Zoning Ordinance and Town Code and further seeking to enjoin, restrain and prohibit the property owners from further violating the Town Zoning Ordinance and/or Town Code, and REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 525 WHEREAS, following the commencement of action, correspondence was received from counsel for the Riitanos seeking an amicable settlement of this matter, and WHEREAS, the Town Board has reviewed the correspondence from counsel for the Riitanos, interviewed James Underwood, a member of the Town’s Zoning Board of Appeals and Craig Brown, Town Zoning Adminstrator/Code Compliance Officer, and reviewed the files of the Zoning Board of Appeals, and WHEREAS, several Town Board members independently went to the premises to view the premises and determine its impact upon neighboring properties, and WHEREAS, Ward I Councilman Anthony Metivier reported to the Town Board that several properties in the immediate vicinity of the subject premises are taller and/or larger than the subject premises and Mr. Metivier reported that the roof, which is the subject of this dispute, does not block any views from neighboring properties, and WHEREAS, the Town Board believes that a mitigating factor that distinguishes this matter from other similar matters that have come before the Board is the fact that the Community Development Department issued a Certificate of Compliance for the property, and WHEREAS, the property owners report that it would be a considerable expense to lower the roofline as would be required in order to come into compliance with the Town Code and the property owners have agreed to incur considerable expense at the request of the Town Zoning Administrator/Code Compliance Officer to remove an interior staircase to the attic and to remove attic windows, further the property owners have already changed a porch on the property consistent with the Town’s request, and WHEREAS, after considerable negotiation, the property owners have agreed to pay a fine to the Town of $5,000 and withdraw a companion action which they filed against the Town’s Zoning Board of Appeals, and WHEREAS, the Town Board believes that it is in the best interest of the Town to resolve the litigation rather than continuing to pursue this matter, and WHEREAS, the Town Board has the authority under Town Law §65 and §68 to prosecute actions as it deems in the best interest of the Town and to compromise actions against the Town, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 526 RESOLVED, that the Queensbury Town Board hereby agrees to settle the matter of the Town of Queensbury v. Joseph and Deborah Riitano concerning the property located at 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) subject to approval of the Warren County Supreme Court and to accept $5,000 payment to compensate the Town for the costs of litigation and as a penalty for violation of the Town Zoning Ordinance and further conditioned upon the withdrawal by the property owner of the action brought against the Town of Queensbury Zoning Board of Appeals, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs Town Counsel to review the Stipulation of Settlement and to present it to the Court for its approval on substantially the terms set forth herein, and BE IT FURTHER, RESOLVED, that the Town Supervisor, Town Counsel and/or Zoning Administrator/Code Compliance Officer to take any and all actions necessary to effectuate all terms of this Resolution. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Brewer, Mr. Metivier, Mr. Montesi NOES : Mr. Strough, Mr. Stec ABSENT : None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONTESI-Tony and I looked at this property reviewed the way it fits into the neighborhood the character of the neighborhood and feel although there were some things that Mr. Ritano might have done that were irregular we don’t think it has made a change or the character has been in any way hindered by it. COUNCILMAN STROUGH-I disagree. SUPERVISOR STEC-I agree with John in this case that I think we set a dangerous precedent to settle at an amount that low. I am not sure if what the intent everyone had was as to whether or not how this played out or how these things came to be. I do tend to agree that I don’t think it is a blight on the landscape up there it doesn’t jump off the page to the point where you say oh my god how could they do this. The rest of the history of how we got here and were their opportunities where this could have been addressed and headed off sooner rather than later so that the applicant wouldn’t find themselves in a position where they are backed in a corner and feel like they have to fight with the Town in Court on this. I have concerns over sending the wrong message. COUNCILMAN MONTESI-The other alternative that was being discussed was have them take the house down the second floor lower it by I don’t know three feet or whatever it was there was a cost involved in that it was probably twenty five thousand. I said, well why don’t we just fine them twenty five or fifty thousand or whatever it was all of that seemed onerous if we are trying….. REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 527 SUPERVISOR STEC-I am always concerned about the variance after construction. Like I said the specifics of this particular, I am bothered by. It is not to say there are instances where somebody makes an honest mistake and it is a relatively minor amount and you say, well you know tearing it down is an option, but it is such an unattractive option no one likes to do that. When, I was on the Zoning Board we saw these from time to time everyone gridded their teeth because do you tell somebody to move a garage for example that’s not the facts here, but to move a garage because it is four inches too close to the property line most people would say no its not that big a deal. You don’t like doing that especially if you think it could have been avoided or if you are wondering it was convenient. I don’t know what the facts are here I am nervous about setting a precedent not a precedent so much as sending a message if you build something out there that doesn’t comply with Town Code for a big enough fine that’s a way out of it. I am afraid that it will encourage others to make that decision maybe less than honorably to make a decision that I am going to take a calculated risk here and if I get caught then I will just deal with the fine. I don’t think that’s the case here, but I don’t want to send the message to the next guy, hey you know what I can go and make a hundred thousand dollar error and pay a five thousand dollar fine and get what I really want I mean that’s really good business. COUNCILMAN BREWER-Not necessarily Dan every project is on its own merits. SUPERVISOR STEC-I agree I just don’t want to encourage it. COUNCILMAN BREWER-I understand. SUPERVISOR STEC-I don’t want somebody to start thinking hey you know what in Queensbury they paid a five thousand dollar fine and they didn’t have to touch the structure. COUNCILMAN BREWER-I agree a hundred percent. SUPERVISOR STEC-By no means I am saying that this was calculated in this instance, but if word gets out I will pay the fine then guess what….. COUNCILMAN BREWER-If you stop talking then the word won’t get out. COUNCILMAN MONTESI-Generally speaking though Dan the words that I get back is that our Building and Codes guys are so good that they really drive people nuts. Are we going to be vigilant were we vigilant on this did something slip by probably. COUNCILMAN STROUGH-What, I don’t like is that somebody comes to the Zoning Board or one of the other boards and say can I do this and for good reason they say no you can’t and then they go ahead and do it. It wasn’t just one violation there was many, but I don’t want to get into all of it because it is still tied up in courts and probably will be. SUPERVISOR STEC-And some of them could have been remedied just fine. COUNCILMAN STROUGH-Some of them could have been remedied, but just too blatantly say can I do this and they say no and you go ahead and do it. COUNCILMAN BREWER-Did they get a CO? COUNCILMAN METIVIER-They did get a CO that’s the issue with this we could be here all night talking about this one. SUPERVISOR STEC-But, we are not going to because I am going to call the vote. RESOLUTION AUTHORIZING ACCEPTANCE OF BROWNFIELD OPPORTUNITY AREAS PROGRAM GRANT FUNDS FROM NEW YORK STATE DEPARTMENT OF STATE, ESTABLISHING REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 528 APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS AND ESTABLISHING NEW CAPITAL PROJECT FUND #176 – BOA PROGRAM GRANT RESOLUTION NO.: 74, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 287,2005, the Queensbury Town Board authorized the Warren County Economic Development Corporation (WCEDC) to submit a Brownfield Opportunity Areas (BOA) Program Grant Application, and WHEREAS, such Grant Application was submitted and the Town has been awarded a maximum grant award in the amount of $42,500 from the New York State Department of State, such funds to be used toward the study of target Brownfield areas within the Town and formulation of plans of action to redevelop such identified areas, and WHEREAS, the Town Board wishes to: 1) authorize acceptance of such grant funds; 2) establish a Capital Project Fund #176 – BOA Program Grant; 3) establish appropriations and estimated revenues for the grant award; and 4) authorize a temporary loan from the General Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $42,500 in grant funds to be received from the New York State Department of State and authorizes and directs the Town Supervisor to execute a Grant Agreement with the New York State Department of State, such Grant Agreement substantially in the form presented at this meeting and in form acceptable to the Town Supervisor and Town Counsel, and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the establishment of a Capital Project Fund to be known as the “BOA Program Grant Fund #176,” which Fund will establish funding for expenses associated with the grant funds and establishes initial appropriations and estimated revenues for Capital Project Fund #176 in the amount of $42,500 to be funded from grant funds received by the Town through the New York State Department of State Brownfield Opportunity Areas Program, and REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 529 BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Increase Appropriation 176-8030-4400 Community Research by $42,500; ? Increase Revenue 176-0000-53787 State Aid Economic Dev. by $42,500; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the General Fund up to $42,500 until such time as grant funds are received, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Senior Planner and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None RESOLUTION APPROVING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO PURCHASE 2010 BRUSH TRUCK FROM RESTRICTED VEHICLE FUNDS RESOLUTION NO.: 75, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 530 Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to replace its aging brush truck and purchase a 2010 Ford F450 Brush Truck for an approximate sum of $112,000, and WHEREAS, the Fire Company plans on paying for the vehicle by using $84,400 in funds from its Restricted Vehicle Fund and the balance from other Company funds, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town and therefore the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Queensbury Central Volunteer Fire Company, Inc.’s purchase of a 2010 Ford F450 Brush Truck for the approximate sum of $112,000 to be paid for from $84,400 in funds from the Fire Company’s Restricted Vehicle Fund and the balance from other Company funds, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT:None RESOLUTION AUTHORIZING ADOPTION OF WORKPLACE VIOLENCE PREVENTION PROGRAM RESOLUTION NO.:76, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 531 SECONDED BY: Mr. Anthony Metivier , WHEREASin accordance with Labor Law §27-b, public employers have the affirmative duty to ensure that the risk of workplace assaults and homicides is evaluated and to design a Workplace Violence Prevention Program to prevent and minimize the hazard of workplace violence to public employees, and WHEREAS, the Town of Queensbury is a public employer within the meaning of the act, and WHEREAS, consistent with its obligations under Labor Law §27-b, the Town has evaluated its workplace, including all work cites where Town employees perform work- related duties in the course of their employment, WHEREAS, the results of that review have been incorporated into the Workplace Violence Prevention Program, and WHEREAS, a draft copy of the proposed Workplace Violence Prevention Program was provided to the Queensbury Chapter of the Civil Service Employees th Association (Union) on or about July 24, 2009 and the Union did not identify any objections to the proposed Policy, and WHEREAS, the Queensbury Town Board recognizes the value of its employees and wants to provide a safe working environment for each and every Town employee and to minimize the risk of any workplace violence, and WHEREAS, the Town Board therefore wishes to adopt such Workplace Violence Prevention Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury Workplace Violence Prevention Program substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to make arrangements for the distribution of a copy of such Program to every employee, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to amend the Employee Handbook accordingly to reflect adoption of this new Program/Policy, and REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 532 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of January, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT :Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF TH JANUARY 12, 2010 RESOLUTION NO.: 77, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills th presented as a Warrant with a run date of January 7, 2010 and payment date of January th 12, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with thth the run date of January 7, 2010 and payment date of January 12, 2010 totaling $1,016,995.38, 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 11 day of January, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Brewer REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 533 3.0CORRESPONDENCE DEPUTY TOWN CLERK O’BRIEN-The following reports are on file in the Town Clerk’s Office. The 2009 Receiver of Taxes Yearly Report, 2009 Town Clerks Yearly Report and 2009 Town Historian’s Yearly Report. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER ? Sent his condolences to the families of Robert Barber and Jeffrey Aurelia who passed away this past week. ? Asked residents to stay off the ice on Lake George for a few weeks it is not safe. COUNCILMAN MONTESI ? Town Board members will be meeting sometime next month with the City of Glens Falls to listen to their proposal for the rezoning of the watershed property off Peggy Ann Road to discuss what their concerns are and what they would like to see rezoned. COUNCILMAN STROUGH ? The Town has won a grant for the Ciba Geigy site the forty-five acre industrial site along the Hudson River. Under the Federal Resource Conservation Recovery Act and the State Super Fund we hopefully will be able to determine what kind of things we can do there and what kind of remediation has to be done to obtain that. With the other grant that deals with Lower Warren Street it looks at it with a wider scope we should be able to put a public input sector together and be able to come up with something extraordinary. The two studies that will be done will compliment each other, thinks they will end up with a lot of leverage and be able to do something with the site or at least be able to tell the State here is what needs to be done, will keeping working on this. ? Thanked State Senator Betty Little, State Assemblywoman Teresa Sayward, Senator Kristen Gillibrand, Representative Scott Murphy, and Warren County Economic Director Len Fosbrook who wrote letters of support for the grant for the Master Redevelopment Plan for the Ciba Geigy site. SUPERVISOR STEC ? Thanked TV 8 and sponsors ? Wished everyone a Happy New Year ? Town’s website www.queensbury.net ? Reminded residents to be careful regarding fire safety. The board appreciates everything that the Fire and Rescue Squads do for the Town. ? 2010 we will do everything they can to try to run as tight a ship as they can in this economy. Some things have to be done like replacing a twenty some odd year old piece of apparatus thinks they have been able to do these replacements so far and be able to have all totaled in contracts for the next three years less than a three percent increase. Thinks they have been diligent so far we have two more fire contracts to wrap up expects they will be able to get them done by the end of February. ? After we adjourn the meeting we will be meeting with Town Counsel for an Attorney Client Privilege Meeting regarding our situation with Tire Warehouse to REGULAR TOWN BOARD MEETING 01-11-2010 MTG 3 534 learn what the legal options are as far as the drainage problem that has been going on for a few years that we have been trying to resolve. If appropriate at a later date where we need Town Board action to commence something there would be a resolution so we won’t be taking any action. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 78, 2010 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 Regular Town Board Meeting. th Duly adopted this 11 day of January, 2010, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury