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2010-05-17 MTG#19 REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 863 REGULAR TOWN BOARD MEETING MTG#19 MAY 17, 2010 RES#196-206 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR TV 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL G. STEC SUPERVISOR STEC-Opened meeting. 1.0PUBLIC HEARING – CHANGE OF ZONE FOR PROPERTIES ON LOWER WARREN STREET FROM COMMERICAL LIGHT INDUSTRIAL (CLI) TO HEAVY INDUSTRY (HI) PRESENT ATTORNEY JOHN LAPPER REPRESENTING JERRY BROWN OPENED PUBLICIATION DATE: May 7, 2010 SUPERVISOR STEC-We set this public hearing four weeks ago tonight. It was referred at that meeting to the Warren County Planning Board for their review. Although, I don’t think any of us really think that this is a particularly controversial one for anybody especially the Warren County Planning Board at their meeting last week they failed to have a quorum so they could not act on it. The Town can act on it after one of two things happens they either vote on it one way or the other or thirty days has expired we are at twenty eight days. I think our game plan tonight is to conduct this public hearing to rezone. I think there are two parcels one that is currently occupied by Jerry Brown Auto Parts as a preexisting nonconforming use in the CLI zone. The property immediately to the east, which is vacant that is Jerry Brown Auto Parts is purchasing or has purchased and would also, liked zoned commercial light industry they would like us to consider rezoning both of these to heavy industry, which would bring their property into compliance and allow for future expansion of this business. I know that each board member separately did have an opportunity to tour the operation from what I gathered from listening to the guys talk they were impressed with not only the complexity of the operation and the number of people that were employed there especially given the kind of industry we are talking about they were particularly impressed with how neat and tidy and the cleanliness of the site itself. Anyways we will conduct the public hearing likely close it we certainly won’t be acting on it tonight until at our earliest the next regular meeting, which will be three weeks from tonight on June 7, 2010. I will open the public hearing and entertain any comments from the public on this public hearing again considering rezoning two properties on lower Warren Street the Jerry Brown Auto Parts property and the vacant lot immediately to its east. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC-Do board members have any comments? COUNCILMAN BREWER-Just one comment Dan. I would agree with what you said about Jerry Brown Auto Parts and their business. I was very impressed when I went down there; I am in that business and did realize what he did was not aware of the REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 864 cleanliness and the neatness and the kind of work that they do down there I think this is an added asset to the Town and I want to wish you good luck. COUNCILMAN STROUGH-I will have to second what Tim said. SUPERVISOR STEC-We appreciate the opportunity to get the tour that we did it was an impressive operation. COUNCILMAN MONTESI-It is not so much an invasion here commercial light industrial we are directly across the street…. SUPERVISOR STEC-Heavy industry…. COUNCILMAN MONTESI-Leigh Cement and what used to the be former site of Ciba Geiby, which is still zoned heavy industrial. I don’t think this is much of a change given the nature of the way they maintain their facility. The present one it borders on the backside with the Kmart parking lot we never ever had a complaint from anybody. I think it is in line with economic development for us. SUPERVISOR STEC-Tony? COUNCILMAN METIVIER-I’m good. SUPERVISOR STEC-Any public comment at all on this public hearing, I didn’t think so, but, I thought I would ask a couple times. Hearing none, I will close this public hearing we won’t act on it tonight we will just coordinate just in case something comes from the Warren County Planning Board although I don’t think they will be meeting until after our next meeting. Again, they didn’t have a quorum they have thirty days to take a bite at it, but again I’d doubt that they would have any issues with it anyways. COUNCILMAN BREWER-Dan do we have to do the SEQRA tonight? SUPERVISOR STEC-We will do that next time. PUBLIC HEARING CLOSED 2.0PRIVILEGE OF THE FLOOR ATTORNEY JOHN LAPPER, Represents Pyramid Mall-Spoke to the board regarding Pyramid Mall and the corridor at Exit 19. There are two parts to this there are two separate tax map parcels. The two acre parcel in the front that has the restaurant and the nine acre parcel approximately in the back with the old hotel those are being handled separately because the restaurant parcel is under contract to be replaced by what would be called the Queensbury Diner, kind of an art deco stainless steel glass block diner. This application is before the Planning Board we are waiting to get on the agenda. That is under their contract they are purchasing it as is the family that wants to open the diner will be responsible for doing that demolition that would happen immediately after site plan approval is granted. These diners are designed and manufactured off site they come in pieces this is a fifty five hundred square foot diner. The parcel in the back Pyramid has sent out bid packages to a number of contractors for that demolition work it was dated the fifteenth, which was last Saturday, that was the return date they should have responses today. I, was out of Town I will follow through with them this week and get to you they are expecting to pick a contractor and move forward. SUPERVISOR STEC-Two things that needed to happen in advance of them selecting a contractor have been accomplished. They needed an update to their asbestos survey they needed that in order to get a demolition permit from the Town, which has been issued. ATTORNEY LAPPER-They received the updated asbestos report they have submitted it to the Town. REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 865 SUPERVISOR STEC-It is a matter of them reviewing these proposals selecting a contractor and then contracting with a demolition contractor. ATTORNEY LAPPER-Yes. They are mindful of the date they have agreed to September 30th, they have assured me it will be done by that date. SUPERVISOR STEC-Pyramid is continuing to act on the assumption they have obligated th themselves to the September 30 deadline. ATTORNEY LAPPER-They are they signed and delivered the contract to you they have agreed in writing and the Town can sign it that it will be down by September 30th. SUPERVISOR STEC-This is an important entrance to the Town it is something that has been that way for far too long. ATTORNEY LAPPER-Thanked the board for moving Larry Brown application forward. HARVEY NOORDSY, 3 MAYFIELD COURT, QUEENSBURY, PRESIDENT OF THE BOARD OF AGING IN PLACE OF GLENS FALLS-Spoke to the board regarding a Safe Street Survey that the members of his board chose to complete regarding Meadowbrook Road, which was suggested by AARP the survey was completed on April 22, 2010. (on file in Town Clerks Office) Meadowbrook Road needs to be more pedestrian safe. There needs to be a paved shoulder wide enough to walk or bike on, out of the traffic lanes. We think it is good news that the town will develop a hiking path in the new park on the east side of the road, but pedestrian access to the park will bring more foot traffic, making a safe walkway even more urgent. Letter presented to board from staff of Girl Scout Office on Meadowbrook Road supporting observation of the unsafe condition for pedestrians on Meadowbrook Road. RUTH LAMB, 15 NORTHUP DRIVE, QUEENSBURY-Spoke to the board regarding the safety of Meadowbrook Road noting there is a section of the road where there are no street lights near The Glen. Spoke regarding the park on Meadowbrook Road it would be a good time to do something with the park it is a very nice place to interest people in getting outdoors. Spoke regarding Lafayette Street this is a situation where the State has improved Glen Street with sidewalks on both sides. If you turn down Lafayette Street, which is where Hovey Pond is the street is narrow and the edges are very rough for trying to bike. COUNCILMAN STROUGH-I was asked to be a member of the Quality and Safe Bicycling Committee we recently did a review of some of the roads in Queensbury and identified those roads that needs immediate attention for the sake of public safety walking and biking. Meadowbrook Road was one of those roads. Mike Travis, Highway Superintendent has been working with us he has a willingness to want to improve the situation. Lafayette Street is interesting too, agrees with this road it wasn’t identified in their report, but should have been. TAMMY SULLIVAN-Asked the board for an update regarding the situation concerning Homer Avenue. SUPERVISOR STEC-Mike Hill our Attorney has been working with the three party’s Attorneys. We did get an updated total cost estimate for the project we needed it because it updated the one from three years ago. The new updated total cost we won’t know an actual cost until a bid goes out the bid documents are going to be getting prepared this week the updated cost estimate is a hundred and fifty thousand dollars. We needed to run that back past the three property owners that are involved asking them are they still on board with the new plan. As far as the dollar and cents go all three property owners did say, yes they are fine with it. I think everything has been worked out except for the final issue on a parking arrangement while the construction is under way for the Tire Warehouse. We are confident that we are going to be able to accommodate them through an arrangement with Minoques, but that hasn’t been finalized yet. In addition wrapping up that parking arrangement detail between those two parties then the next step is literally to get updated agreements together, get them to the three property owners for signature along with seeking and obtaining the necessary easements. Our Attorney is working with three clients and their three Attorneys’ he said give me a month to get this done. In the meantime our REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 866 engineer will prepare the bid documents and get the bids out. I don’t know how long it will take him to get the bids prepared it is moving along we are more confident than we were three weeks ago, but there are still a lot of moving parts. COUNCILMAN MONTESI-The Wine Merchant is an adversarial role with his neighbor. Mr. Mc Call asked that all of the rocks be removed so he could have additional parking on that side and that wasn’t going to happen. The best that I could do with the Wine Merchant was getting him to move the stones that are in the front of his property so that Mr. Mc Call when they were redoing the culvert on Quaker Road would have access to his front showroom we said that’s the best we could do. Mr. Mc Call asked if he could park some of my employee cars behind Minoques. We could get that, but the other caveat Mr. Mc Call put in was well what about my customers I am not going to put up with that. Tonight was the deadline we are either form a district it looked like our Attorney said just give me a little bit more time because I am that close it is not fair. MS. SULLIVAN-There has to be a real deadline here. COUNCILMAN MONESI-We are preparing the bid documents everyone has agreed to a hundred and fifty thousand that is fifty thousand more than the original estimate three years ago. SUPERVISOR STEC-The first estimate I don’t think was made by this engineer this number has actually has some engineering work going into it. MS. SULLIVAN-We are still targeted for late summer. SUPERVISOR STEC-The physical work is going to be limited by the calendar anyways we have to do this during a low flow late summer early fall time of year. We need to get bids together preparing those documents wouldn’t be a waste of effort if we go the district route anyway. We are doing everything that we can on our end to push things along. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board article in newspaper that the Michaels Group gave to College noting it was offered to the Town and the Town turned it down. SUPERVISOR STEC-Several years ago it was offered through site plan review to the Town it was condition of their site plan approval, but the Town never said we are going to use it, it sat there we didn’t execute it. It was still available because it was a condition of site plan review they needed our blessing to say we don’t want it anymore it is okay to give it to ACC. The Town Board and the Planning Board and Recreation Commission all said yes that wouldn’t mind donating it to the college. MR. TUCKER-Asked by them donating the land to the college it doesn’t satisfy any of the obligations they have to the Town according to their development? SUPERVISOR STEC-It went back to the Planning Board and the Planning Board and Recreation Commission both approved this in lieu of the answer to your question they don’t owe the town anything else. A good portion of those acres is wet some it isn’t and some of it is, but ACC knows that. I think what they are thinking depending on what the future of their campus might bring that having some extra dry land whether it’s for relocating fields I think is what they are mostly thinking some of it is buildable. I think what they are thinking of it might be a good home for an athletic field. MR. TUCKER-Spoke regarding the expanding the Town Court. SUPERVISOR STEC-Renovation not talking about making the footprint any bigger, but cutting up the inside different. MR. TUCKER-Asked if the Town expands the Court asked if there are any finances available through the New York State Court System. SUPERVISOR STEC-Not aware that there is we can ask about that. REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 867 JOHN SALVADOR-Asked if they are pursuing the district approach for Homer Avenue drainage? SUPERVISOR STEC-Hoping to still avoid it and stick with Plan A. MR. SALVADOR-Asked if there is another engineer involved with this? SUPERVISOR STEC-It is the Town Engineer, Vision Engineer. MR. SALVADOR-Asked who is going to do construction inspection? SUPERVISOR STEC-That is a detail that could be worked out either when we go out to bid haven’t asked Vision Engineering perhaps they had it mind that they would be doing it. MR. SALVADOR-Clerk of the Works? SUPERVISOR STEC-It is about a week or ten day project I don’t think it would be significant. MR. SALVADOR-Spoke to the board regarding his pursuing of an appeal with the Zoning Board of Appeals copied the board with a letter that he responded to the Town Attorney with in regard to certain questions she had concerning his appeal has not received an answer yet asked if he should be expecting an answer? SUPERVISOR STEC-Asked if she had seen your letter and she said she had she will be responding to you regarding this. MR. SALVADOR-Hoping to hear soon hoping that his questions are answered. In the meantime hopes the Zoning Boards determination is stayed. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF CAPITAL PROJECT FUND #130 – BAY ROAD CORRIDOR ENHANCEMENT PROJECT RESOLUTION NO.: 196, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 29,2001, the Queensbury Town Board authorized acceptance of grant funds received from the New York State Division of Housing and Community Renewal, established appropriations and estimated revenues for such funds, and authorized such appropriations and revenues to be recorded in accounts to be determined by the Town Budget Officer, and WHEREAS, in accordance with Resolution No.: 468,2001, the Town Board established the Bay Road Corridor Enhancement Project Capital Project Fund #130 to establish funding for expenses associated with the landscaping installation services and beautification of Town-owned land located at Bay and Quaker Roads (Project), and REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 868 WHEREAS, in accordance with Resolution No.: 324,2002, the Town Board authorized a budget for the Project which superseded the financial plans approved in the previous Resolutions, and WHEREAS, the Town’s Accounting Office has advised that there is approximately $2,746.90 remaining in the Town’s account and in 2009 only $340 was spent on mulch for the Project, and therefore the Town wishes to close its account and transfer its remaining funds back to the General Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Bay Road Corridor Enhancement Project Capital Project Fund #130 as described in the preambles above and transfer the account’s remaining balance (approximately $2,746.90) into the Town’s General Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 17 day of May, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF 2005 – 2006 PROFESSIONAL PLANNING SERVICES CAPITAL PROJECT FUND #148 RESOLUTION NO.: 197, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, in accordance with Resolution No.: 295,2005, the Queensbury Town Board established the 2005 – 2006 Professional Planning Services Capital Project Fund #148, and WHEREAS, the Town’s Senior Planner has advised that the Project is complete and the Fund can be closed, and WHEREAS, the Town’s accounting records show that there is approximately $10,040 remaining in Capital Project Fund #148, and REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 869 WHEREAS, the Town Board wishes to close this Capital Project Fund and transfer the Fund’s remaining fund balance back to Capital Reserve Account #64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the 2005 – 2006 Professional Planning Services Capital Project Fund #148 and transfer the Fund’s remaining balance back to Capital Reserve Account #64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and Senior Planner to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 17 day of May, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JEREMY WARD AND PATRICK DALEY AS SEASONAL LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO. :198, 2010 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Jeremy Ward and Patrick Daley as Seasonal Laborers for summer employment under the direct supervision of the th Town’s Cemetery Superintendent, such employment proposed to commence on or about May 18, 2010 and to continue through August, 2010, and WHEREAS, Town Policy requires that familial relationships be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Jeremy Ward is the nephew of Eugene Ward, a Heavy Equipment Operator in the Town Highway Department, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 870 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jeremy Ward and Patrick Daley as Seasonal Laborers for summer employment under the direct supervision of the Town Cemetery Superintendent, for paid hours totaling no more than approximately 11 weeks per temporary employee, subject upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such Seasonal Laborers shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 56,2010 and payment shall be paid from the Laborer, Part-Time Account No.: 002-8810- 1410, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO TOWN OF QUEENSBURY EMERGENCY/RESCUE SQUADS RESOLUTION NO.: 199, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc., (Squads) in accordance with agreements between each Rescue Squad and the Town, and WHEREAS, the Town’s agreements with the Squads expired on December 31, 2009, and REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 871 WHEREAS, in such Agreements the Town and Squads have agreed to continue to provide general emergency ambulance services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements, and WHEREAS, by Resolution No.: 52,2010, the Town Board authorized payment vouchers th constituting 1/12 of the 2009 Contract Amount for January and February to the Squads under the current Agreements, which payments constituted advance payments on the new general emergency ambulance services 2010 Agreements, and WHEREAS, by Resolution No.: 110,2010, the Town Board authorized payment vouchers th constituting 1/12 of the 2009 Contract Amount for March, April and May to the Squads under the current Agreements, which payments constituted advance payments on the new general emergency ambulance services 2010 Agreements, and WHEREAS, the Squads may face cash flow shortages before the new agreements can be executed and therefore the Town Board wishes to again authorize advance payments under the current Agreements, which after new agreements are entered into, will constitute advance payments on the 2010 agreements to the Squads, such advances to be deducted from contract payments to be paid after the 2010 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to th approve payment vouchers for 1/12 of the respective 2009 Contract Amount(s) during June, 2010 to the three (3) Town of Queensbury Emergency/Rescue Squads (Squads) under the current Agreements, which payments will constitute advance payments on the new general emergency ambulance services 2010 Agreement(s) if such agreements are entered into, with the further th understanding that the Town shall also approve payment vouchers for 1/12 of the Squads’ paid daytime service costs, and BE IT FURTHER, RESOLVED, that should new emergency ambulance services 2010 Agreements not be entered into th by June 30, 2010, then the Town Board authorizes the Town Supervisor to approve additional payment th vouchers constituting 1/12 of the 2009 Contract Amount to the Squads during July and August, 2010, th again with the understanding that the Town shall also approve payment vouchers for 1/12 of the Squads’ paid daytime service costs, and REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 872 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE AND/OR SURPLUS ITEMS RESOLUTION NO.: 200, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using auction companies 1) Auctions International and 2) GovDeals, to dispose of such surplus property, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: ASSET No. EQUIPMENT DESCRIPTION Serial Number REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 873 3580 1981 Chev P-30 Van 1GBHP32M1B3308347 1115 1983 Chev 1 Ton Dump(Sign) Truck 1GBGC34MXDV104559 2941 1990 Rex Roller, Model SP1100 11HD174 3730 1982 International Vac-All, MODEL E10AD 2HTD10457CCA17756 4091 2002 Simplicity Sno-Away 1694244 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: ASSET No. EQUIPMENT DESCRIPTION Serial Number 3580 1981 Chev P-30 Van 1GBHP32M1B3308347 1115 1983 Chev 1 Ton Dump(Sign) Truck 1GBGC34MXDV104559 2941 1990 Rex Roller, Model SP1100 11HD174 3730 1982 International Vac-All, MODEL E10AD 2HTD10457CCA17756 4091 2002 Simplicity Sno-Away 1694244 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction companies Auctions International and GovDeals to sell/dispose of the surplus items and authorizes and directs the Town Supervisor to execute any needed Agreements with such companies in form acceptable to the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue accounts in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 874 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6141 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 201, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6141 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceed twenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 875 WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5) years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6141, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6142 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 202, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Office of Community REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 876 Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6142 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceed twenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5) years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) for Case File #6142, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of May, 2010, by the following vote: REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 877 AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:None RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR EMERGENCY REPAIRS AT GURNEY LANE POOL RESOLUTION NO.: 203, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund #61 (Fund No. 61) for future recreational needs, and WHEREAS, by Resolution No.: 124,2006, the Town Board authorized establishment of Capital Project Fund #157 to fund expenses associated with development of a Park Master Plan, reparation and upgrade of pool, construction of shade structures and an additional pavilion, and WHEREAS, the Director of Parks and Recreation has advised the Town Board that emergency repairs are needed at the Gurney Lane Pool and has requested Town Board authorization to transfer funds for installation of a “Pump Smart” Station and an upgrade of the electrical infrastructure for proper support of the Station for an amount not to exceed $14,000, and WHEREAS, the Town Recreation Commission has been apprised of the necessary repair work, agrees with the repair work necessary in order to operate, and has directed the Director of Parks and Recreation to take steps to gain Town Board approval, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the above described repairs at the Gurney Lane Pool are emergency repairs needed to best serve the Town’s residents and such repairs should be completed as soon as possible in order to operate during the 2010 summer season, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 878 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the transfer of funds in an amount not to exceed $14,000 for the repair costs at the Gurney Lane Pool, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $14,000 to fund such Project, such funds to be placed into the Capital Project Fund No.: 157 established in accordance with Resolution No.: 124,2006 and the Town Board further directs that in the event there are funds remaining in such capital project fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the capital project fund shall be returned to the capital improvement fund, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes appropriations in Expense Account No.: 157- 7110-2899 in the amount of $14,000 – Capital Construction, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of 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 17 day of May, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MAY 17, 2010 REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 879 RESOLUTION NO.: 204, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thth with a run date of May 13, 2010 and payment date of May 18, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run date of thth May 13, 2010 and payment date of May 18, 2010 totaling $850,873.44, 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 17 day of May, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE BISTRO LEROUX RESTAURANT RESOLUTION NO.: 205, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Bistro LeRoux, Inc. d/b/a Bistro LeRoux owns and operates The Bistro LeRoux restaurant located at 668 State Route 149, Queensbury, New York, and REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 880 WHEREAS, Bistro LeRoux has applied for a liquor license, and WHEREAS, Bistro LeRoux has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of its liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Bistro LeRoux’s liquor license is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued to Bistro LeRoux, Inc. d/b/a Bistro LeRoux and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 17 day of May, 2010 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 4.0 CORRESPONDENCE NONE 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? Ward Four pickup started this morning. ? Water Project that was approved a couple of weeks ago nine days Tom Kubricky Construction finished Greenway North. He anticipates moving forward west up to Owen Avenue then go back to the Broadacre area the project is going very well. REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 881 ? Main Street Project going well had a little problem Saturday morning they hit a gas main those kind of things happen fortunately there was no one hurt everything was restored they have the water and sewer under the bridge. COUNCILMAN STROUGH ? n behalf of the League of Women Voters and the American Association of University O Women they are sponsoring a meeting that will be delivered by Robert Freedman the topic is going to Freedom of Information Law and the Open Meetings Law. This meeting is opened to the public it will be at Queensbury Central Firehouse Wednesday, June 2, 2010 at 7:00 p.m. st ? Memorial Day Parade to be held Monday, May 31, 2010 at 10:00 a.m. nine years ago Glens Falls and Queensbury got together to form one parade. Thanked Tim Brenner, Karl Fosco, and Colleen Tarantino who helped him put it together. The Committee has also sponsored a poster and essay contest. There was a $200 U.S. Savings Bond award for the winner of the essay contest for Glens Falls and one also for Queensbury. Chloe Jones of Queensbury won the essay contest and Kevin Ashe of Glens Falls won the essay contest for Glens Falls they will be reading their essay at the Remembrance Ceremony. Thanked the Glens Falls VFW and the Queensbury American Legion for putting together the funds to sponsor the essay contest both groups also helped fund the poster contest for the Memorial Day Parade also thanked Robin Brewer for helping them. The idea is with the essay contest and the poster contest is to bring into the schools with the young people and make them aware of what Memorial Day is all about. Our theme this year is Our Nation’s Greatness is stnd Built on Their Sacrifice. Glens Falls, Carina Singletary 1 place Carley French 2 place. stnd Queensbury’s Kevin Chen 1 place, 2 place Jenn Carillo. COUNCILMAN MONTESI ? Appreciated Harvey Noordsy and Ruth Lamb talking about the needs and the traffic on Meadowbrook Road. I am not sure two hundred and twenty one average cars per hour is a lot for that road or not, I am not questioning that it seems a lot to me especially if I was riding a bike or walking. We are going to ask people that live in the Schermerhorn Apartments and Waverly and the Senior Citizens Complex to walk down that road to get to the parking area so they can walk across that meadow to get to the mile long trail that we are developing. ? Have been in contact with the Army Core of Engineers they are coming up to take a look at what we want to do with the trail. Would like to put a little off road parking in we need to put some fill in to get across the meadow. The meadow is a little wet we may have to put some fill with a small culvert in order to raise that above the meadow level this is what the Army Core will be looking at with us along with Warren County Soil and Water sometime in the next two weeks. Hopefully we can get together with Mike Travis there may be a need not sure legally whether you can call it a bike trail or an expanded apron we are looking for a paved expansion of maybe three or four feet so people will be off the main road. COUNCILMAN METIVIER ? Made a statement two weeks ago when they were talking about Betty Monahan that they were looking for donations for the Hovey Pond Beautification Committee. I was asked to clarify that the Friends of Hovey Pond has nothing to do with the Town’s Beautification Committee they are two separate entities. The Friends of Hovey Pond is a not for profit they are still looking for donations. If you are interested you can always see Marylee Gosline at a Cut Above to make a donation with them, noting Hovey Pond looks beautiful. REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 882 ? I was surprised to read such a lengthily article about the Lobster last week noting they spent two and a half hours discussing signage in the Town of Queensbury we got a lot accomplished during the meeting. The point of the meeting was that we are really working hard to enhance the Town’s beauty by reducing signage to limit the amount of signs and the size of the signs just wish that more people would have been involved in the meeting itself thinks you will be pleased with what was accomplished. SUPERVISOR STEC ? . Thanked TV 8 and sponsors for televising meetings ? www.queensbury.net Towns website ? Water Projects there were a lot of bidders they came in significantly lower than the engineer’s estimate that is an indicator for the economy we were in a position to take advantage of that with a much needed update to three neighborhood waterlines Greenway North, Owen and Lynnfield, and the Broadacres area. Some of the pipe that is being replaced is the stuff that was made with asbestos this is the last asbestos containing pipe in use in the Town. Our water infrastructure is meticulously updated and maintained the Water Department is ahead of the curve as far as keeping the pipe updated this will be asbestos free pipe. ? Main Street on Saturday the contractor struck a lateral that connected a six inch high pressure gas line that wasn’t marked in the field they did shut down the Northway as a precaution the Northway was reopened by 8:30. I don’t think they got a lot of the work done underneath the Northway that they wanted to because of the situation. I don’t know if they will want to revisit closing that section of Main Street again or not we will know more after tomorrow, noted that the Main Street project is on schedule they are halfway through the sewer line. ? Memorial Day Parade May 31, 2010 at 10:00 a.m. ? Next Regular Board Meeting June 7, 2010 Workshop to be held next Monday. RESOLTUION ADJOURNING REGULAR TOWN BOARD MEETING RESOLTUION NO. 206, 2010 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. th Duly adopted this 17 day of May, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None None ABSENT: RESPECTFULLY SUBMITTED, Miss Darleen M. Dougher Town Clerk, Town of Queensbury REGULAR TOWN BOARD MEETING 05-17-2010 MTG#19 883