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2010-06-07 Mtg# 21 REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 887 TOWN BOARD MEETING MTG. #21 JUNE 7, 2010 RES. 208-229 7:00 P.M. BOH 14-15 LL # 8 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN METIVIER 1.0 RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 208, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 7 day of June, 2010 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF EDWARD HOOKER RESOLUTION NO.: 14, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Edward Hooker has applied to the Local Board of Health for variances from Chapter 136 to install: 1. an absorption field 75’ from the existing well instead of the required 100’ setback; 2. an absorption field 16’ from the existing dwelling instead of the required 20’ setback; and 3. a distribution box 82’ from the existing well instead of the required 100’ setback; REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 888 on property located at 2397 Ridge Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on st Monday, June 21, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Edward Hooker’s sewage disposal variance application concerning property located at 2397 Ridge Road in the Town of Queensbury (Tax Map No.: 240.-1-14) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 7 day of June, 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 questioned the placement of the system, questioned why the lot next door was not used. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 15. 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Queensbury Board of Health Meeting. th Duly adopted this 7 day of June, 2010 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None REGULAR TOWN BOARD 2.0 PRIVILEDGE OF THE FLOOR Mr. John Salvador-North Queensbury – RE: Res. 3.19 Drainage District – Questioned if we were back to the formation of a district? REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 889 Supervisor Stec-The owners involve could not come to a mutually agreeable set of conditions, so we are moving forward with a drainage district. Mr. Salvador-All the costs that the Town has incurred to date would then become the cost borne by the district. Supervisor Stec-There are preliminary costs in advance that are chargeable to the district if it is formed. Mr. Salvador-Do we have an estimate of the costs? Supervisor Stec-I do not have one handy. Mr. Salvador-Reviewed the costs related to the formation of the district, engineering, easements etc. Questioned the relocation of the gas line. Supervisor Stec-That has already been done, and not at the towns expense. Councilman Montesi-I think they moved the line because it was too close to the surface. Supervisor Stec-There will be a budget for the district. Mr. Salvador-Have the district boundaries been established? Supervisor Stec-That is what the engineer and the map, plan and report are for. Councilman Montesi-In total this district may include four properties. Mr. Salvador-The facilities that are installed should be designed to handle only the flow that is causing flooding. It is the peak flows that we are trying to handle, do we know what this flow is? Supervisor Stec-Our engineer has done preliminary work on this. Mr. Salvador-My only concern is that those of us who are outside of this district do not ultimately bare any of the costs involved in the formation the operation and the maintenance of the district. Mr. Pliney Tucker-41 Division Road – Queensbury Insurance is coming due in July, are we going to ask for quotes from local insurance companies? Supervisor Stec-Typically you shop it around every three or four years, so I do not think we will go through the expense of hiring a consultant and going through what we did twice in the last five years. Our broker will be shopping with other underwriters to make sure we are getting a competitive rate. Mr. Paul H. Naylor-We are happy in the west end the road job is going good. 3.0 RESOLUTIONS PART 2- SEQRA FORM LONG FORM 1.Will the Proposed action result in any physical change to the project site? NO 2.Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological, formations, etc.) NO 3.Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO 4.Will proposed action affect any non-protected existing or new body of water? NO 5.Will proposed action affect surface or groundwater quality or quantity? NO REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 890 6.Will proposed action alter drainage flow or patterns, or surface water runoff? NO 7.Will proposed action affect air quality? NO 8.Will proposed action affect any threatened or endangered species? NO 9.Will proposed action substantially affect non-threatened or non-endangered species? NO 10.Will the proposed action affect agricultural land resources? NO 11. Will Proposed Action affect aesthetic resources? NO 12.Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13.Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14.Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15.Will there be an effect to existing transportation systems? NO 16.Will proposed action affect the community’s sources of fuel or energy supply? NO 17.Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18.Will proposed action affect public health and safety? NO 19.Will proposed action affect the character of the existing community? NO 20.Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND AMENDING ZONING LAW TO CHANGE CLASSIFICATION OF PARCELS ON LOWER WARREN STREET FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO HEAVY INDUSTRY (HI) AND ENACTING LOCAL LAW NO.: 8 OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RESOLUTION NO. 209, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering amending the Town Zoning Law and Map to rezone two (2) parcels of property on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Law and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 891 WHEREAS, the Community Development Department forwarded the proposed Local Law and Map to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M and the Town did not receive any response within the 30 day period set by law, and WHEREAS, if the Town Board does not receive a response from the Warren County Planning Board within 30 days, the Town is authorized to act, and WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and closed th the public hearing concerning the proposed rezoning on Monday, May 17, 2010, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 8 of 2010 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Map to reflect a change of zone for the two (2) parcels of property on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), as presented at this meeting, hereinafter referred to as the “legislation,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and the Town Clerk and/or Senior Planner are authorized and directed to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Law and Map to rezone two (2) parcels of property on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), such properties bearing Tax Map Parcel No.’s: 303.19-1-49 and 303.19-1- 58, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 8 of 2010 to amend the Queensbury Town Code by amending the official Town Zoning Map to reflect a change of zone for the two (2) parcels of property listed above on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), as presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 892 RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law and the official Town Zoning Map, as amended, with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect upon such filing, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the Local Law and Zoning Map to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Board in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION APPOINTING JAMES T. FITZGERALD AS TOWN ANIMAL CONTROL OFFICER ON PERMANENT BASIS RESOLUTION NO. 210, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 237, 2009, the Queensbury Town Board appointed James T. Fitzgerald as Town Animal Control Officer on a provisional basis until such time as Mr. Fitzgerald successfully completed a six month probation periodand all Civil Service requirements for the position, including passing and scoring within the top three of those willing to accept the position on the next competitive exam for the position, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Mr. Fitzgerald placed successfully on the Warren County Civil Service exam for the position, and WHEREAS, the Director of Building and Codes Enforcement has advised that Mr. Fitzgerald successfully completed his six month probation period and therefore has requested that the Town Board appoint Mr. Fitzgerald on a permanent basis, REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 893 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints James T. Fitzgerald to the position th of Town Animal Control Officer on a permanent basis effective May 13, 2010, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None Discussion held before vote: Mr. Fitzgerald has completed his probationary period and has passed the civil service exam. Jim is doing a good job; my office gets calls about him all the time in the little over a year that he has work for the town as far as his work ethics, his energy and enthusiasm for the job and the way that he deals with the public. I will take this opportunity in congratulating Jim on his appointment and let him know that the Town Board and the public is very happy with his work and we wish him continued success with us. RESOLUTION AUTHORIZING HIRING OF SEASONAL LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. : 211, 2010 INTRODUCED BY Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Ronald Montesi WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire one (1) Seasonal Laborer to work during the summer for the Town’s Water Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Michael Varney as a Seasonal Laborer to work during the summer for the Town Water Department commencing on thst or about June 8, 2010 and ending on or about August 31, 2010, subject upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 894 RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 56,2010, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION ESTABLISHING ASSISTANT COURT CLERK POSITION AND APPOINTING STEPHANIE MAHONEY TO SUCH POSITION RESOLUTION NO. 212, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Justice Court has requested Town Board authorization for the establishment of an additional part-time position of Assistant Court Clerk to assist in its workload, and WHEREAS, the Queensbury Town Board wishes to establish such position of Assistant Court Clerk as set forth in the New Position Duties Statement adopted by the Warren County Department of Civil Service dated May 28, 2010 and presented at this meeting, and WHEREAS, the Court reviewed resumes, interviewed interested candidates and made a hiring recommendation to the Town Board and the Town Board wishes to make an appointment to such position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the part-time position of Assistant Court Clerk as set forth in the New Position Duties Statement adopted by the Warren County Department of Civil Service dated May 28, 2010 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby appoints Stephanie Mahoney as Assistant Court Clerk th effective on or about June 8, 2010 on a provisional basis subject to a six month probation period, a pre- REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 895 employment physical as required by Town Policy, any applicable Civil Service requirements, including any testing for such position, and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board hereby sets the salary for such position at $12 hourly, up to 30 hours per week, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Court and/or Town Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-Queensbury Town Court is one of the busiest courts in the State, it is in the top twenty of the local courts in the State. The judges would want me to point out that the Town Court does bring in more money in fines than its expenses in the budget. RESOLUTION AUTHORIZING HIRING OF TAYLOR CHANDLER AS TEMPORARY, PART-TIME CLERK IN TOWN WATER DEPARTMENT RESOLUTION NO. : 213, 2010 INTRODUCED BY Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr. Anthony Metivier WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire Taylor Chandler as a temporary, part-time Clerk to assist the Town Water Department’s office staff during the busy summer months, and WHEREAS, funds for such position have been budgeted for in the 2010 Town Budget, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Taylor Chandler to work as a temporary, part-time Clerk to work an approximate 32 hour work week from thst approximately June 8 through August 31, 2010 in the Town’s Water Department subject to the Town REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 896 successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such temporary, part-time Clerk shall be paid $12.45 per hour as set forth in Town Board Resolution No.: 56, 2010 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010, by the following vote: AYES :Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES :None ABSENT:None Discussion held before vote: Supervisor Stec-The Town Water Department has had a very steady head count over the last ten years. They have had the same number of full time people working at the water department today as they did ten years ago. They have expanded the number of customers that they serve in the Town but also outside the town and in fact in other counties. We are producing more water with the same number of people as we had over the last ten years. At a $1.52 a thousand to produce and distribute to your tap the product that they do is also a steal, just to the south by comparison Saratoga County water their production costs and their bulk distribution into their system but not necessarily into the individual towns system into their tap but just getting through the County piping to the individual big users of the towns is a little over $2.00 per thousand gallons. The Towns water department is one of the better deals in the State. Spoke on the replacement of the last asbestos pipe in the town… Thank you to Bruce and the Water Dept. Employees we appreciate the work that you are doing. RESOLUTION AUTHORIZING ACCEPTANCE OF ADDITIONAL FUNDS FROM NYS OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 214, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 528, 2008 the Queensbury Town Board authorized and directed the Town’s Accountant to prepare an application for Youth Development/Delinquency Prevention Youth Services Funds from the New York State Office of Children and Family Services (NYSOCFS) in the amount of $5,000 or 33% of the total amount of support proposed for the Warren County Youth Court in 2009 and the Town received such funds, and WHEREAS, NYSOCFS has notified the Town that there are $1,042 in additional funds available for 2009 and therefore the Town’s Accountant has requested Town Board authorization to accept such funds, REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 897 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accountant to take any actions necessary to accept $1,042 in additional funds from the New York State Office of Children and Family Services as set forth above and further authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough Mr. Brewer, Mr. Stec, Mr. Metivier. NOES : None ABSENT : None ORDER AUTHORIZING PLACEMENT OF PEDESTRIAN CROSSWALK ACROSS AVIATION ROAD RESOLUTION NO.: 215, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Vehicle and Traffic Law §1660, the Town Board may regulate the crossing of a roadway by pedestrians, and WHEREAS, due to the volume of traffic and residential population, including senior citizens from Solomon Heights apartments, and teens and children in adjacent neighborhoods, the Queensbury Town Board wishes to authorize placement of a crosswalk on Aviation Road between the Evergreen Plaza (Sokol’s Market Plaza) and the Stewarts Shop/Glens Falls National Bank Properties, to better provide the general public the opportunity to cross Aviation Road safely, and WHEREAS, the Town Highway Superintendent concurs with such proposal, NOW, THEREFORE, IT IS HEREBY ORDERED, in accordance with New York State Vehicle and Traffic Law §1660, that the Queensbury Town Board determines it necessary for public safety purposes to place a crosswalk on Aviation Road between the Evergreen Plaza (Sokol’s Market Plaza) and the Stewarts Shop/Glens Falls National Bank Properties, to better provide the general public the opportunity to cross safely, and BE IT FURTHER, ORDERED, that the Town Board hereby authorizes and directs the Highway Superintendent to take all steps and actions necessary, including the purchase of necessary paint and materials, to place such crosswalk on Aviation Road, and REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 898 BE IT FURTHER, ORDERED, that any expenditures for the crosswalk shall be payable from the appropriate account. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF NON- NAVIGATIONAL BUOYS AT SOUTHWEST END OF GLEN LAKE RESOLUTION NO.: 216, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Glen Lake is a public lake located within the Town of Queensbury, and WHEREAS, the Glen Lake Protective Association has advised the Queensbury Town Board that there is a large bed of milfoil at the southwest end of Glen Lake and so the Association wishes to purchase, install and maintain up to three (3) non-navigational, solar-powered buoys in the general location to warn the general public of such milfoil so that fishing and motor boats will stay clear of the area, thus preventing the fragmentation and spreading of milfoil into other areas of the lake, and WHEREAS, the Town Board wishes to authorize such buoys in order to promote the health of Glen Lake and the safety of boaters, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the Glen Lake Protective Association’s purchase, installation and maintenance of up to three (3) non-navigational, solar- powered buoys in the southwest end of Glen Lake to warn the general public of such milfoil, with the general location of such buoys to be at latitude - 43.357354 and longitude - 73.682819, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to forward a certified copy of this Resolution to the Glen Lake Protective Association, c/o Margaret Wallace, 12 Reardon Road, Queensbury, New York 12804, and the Town Supervisor and/or Town Clerk to take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 899 th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Strough-Turing Glen Lake, at the mouth of the Glen Lake Fen is all this milfoil, that is the worst part of the lake I guess with the milfoil problem. If the power boats go thorough and chop it us with their propellers it just drifts and go elsewhere. Supervisor Stec-The Glen Lake Protective Assoc. will secure and install and take care of the buoys they just need our permission to do so, warning buoys, telling people to stay away. Thanked Councilman Metivier on all his efforts on this project. RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD PARK IMPROVEMENTS AT HOVEY POND PARK RESOLUTION NO.: 217, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established the Hovey Pond Park Improvement Capital Project Fund #146, and WHEREAS, by prior Resolution and Agreement the Town Board provided in the 2010 Town Budget 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 accordingly authorize provision of such funds, in the amount of $17,000, to be used toward reimbursing the Hovey Pond Park Improvement Capital Project Fund #146 for expenditures related to improvements at Hovey Pond Park as follows: 1. New park benches and picnic tables; 2. Historical signage; 3. Granite curbing around the Veteran’s Monument; 4. New or replacement trees; 5. Masonry border along the south side of the gardens; and 6. Additional park signage; as Hovey Pond benefits not only Town of Queensbury residents, but also the general public, thereby serving as an economic boon to the Town of Queensbury and entire area, REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 900 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of $17,000 to the Hovey Pond Park Improvement Capital Project Fund #146 as delineated in the preambles of this Resolution, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None Discussion held before vote: Supervisor Stec-For Memorial Day weekend all the town properties, parks and the cemeteries looked beautiful. RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD KLAK/HILAND PARK-MEADOWBROOK ROAD PROPERTY IMPROVEMENTS RESOLUTION NO.: 218, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously established the Klak/Hiland Park Improvements Capital Project Fund #142, and WHEREAS, by prior Resolution and Agreement the Town Board provided in the 2010 Town Budget 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 REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 901 WHEREAS, the Town Board wishes to accordingly authorize provision of such funds, in the amount of $18,000, to be used toward reimbursing the Klak/Hiland Park Improvements Capital Project Fund #142 for expenditures related to improvements at the Meadowbrook Preserve as follows: 1. Trail creation; 2. Parking; 3. Signage; and 4. Professional Services; as the Meadowbrook Preserve benefits not only Town of Queensbury residents, but also the general public, thereby serving as an economic boon to the Town of Queensbury and entire area, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of $18,000 to the Klak/Hiland Park Improvements Capital Project Fund #142 as delineated in the preambles of this Resolution, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 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 Montesi-Noted last Thursday he walked the Meadowbrook parcel with the Army Corp of Eng. In order to get the Meadowbrook Road over into the wooded area we have to traverse the meadow and they suggested board walks they would not have any jurisdiction and it would be fine with them. That will be our plan… Councilman Strough-Spoke about Schuylerville they have a board walk that goes in and around the encampment that was the last British hold out during the 1777 Battle of Saratoga, it is beautifully designed. RESOLUTION AUTHORIZING INCREASE IN GURNEY LANE RECREATION AREA IMPROVEMENT PROJECT #157 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #61 RESOLUTION NO.: 219, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 902 WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 for future capital projects, and WHEREAS, the Town Board wishes to withdraw and expend moneys from such reserve account in the amount of $22,000 for specific capital improvements and certain maintenance projects for the Gurney Lane Recreation Area to consist of design/surveying services for Phase 1 Park expansion and maintenance of pavement and parking lots, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the capital improvements listed in the preambles of this Resolution at the Gurney Lane Recreation Area and authorizes expenditures in the total amount of $22,000 for such work, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $22,000 to fund such Project, such funds to be placed into the Recreation Reserve Fund No.: 157 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 Recreation Reserve, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations in Expense Account No.’s: 157-7110-4403 in the amount of $12,000 – Professional Services; and 157-7110-2899 in the amount of $10,000 – Capital Construction; and estimated revenues in Account No.: 157-0146-5031 in the amount of $22,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Gurney Lane Recreation Area Improvement Project is an expenditure for a specific capital project and items of equipment for which the reserve account was established, 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. REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 903 th Duly adopted this 7 day of June, 2010 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None RESOLUTION AUTHORIZING ACCEPTANCE OF $1,000 DONATION FROM THE COMMUNITY EXCHANGE FOUNDATION FOR TOWN RECREATION DEPARTMENT’S Q-CLUB SUMMER YOUTH PROGRAM RESOLUTION NO.: 220.2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, The Community Exchange Foundation has offered to donate $1000 to the Town of Queensbury Recreation Department’s 2010 Q-Club Summer Youth Program for the purchase of arts & crafts supplies, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents, and therefore wishes to authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of $1,000 from The Community Exchange Foundation for the purchase of arts & crafts supplies for the Town Recreation Department’s 2010 Q-Club Summer Youth Program, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to increase the Recreation Programs Expense Account No.: 001-7110-4824 by $1,000 and 001-0000-52705 Gifts and Donations, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Director of Parks and Recreation to send a certified copy of this Resolution to The Community Exchange Foundation with a letter from the Town thanking The Foundation for its generosity. th Duly adopted this 7 day of June, 2010, by the following vote: REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 904 AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None Discussion held before vote:-Supervisor Stec-We certainly appreciate that donation it is very generous and we will make sure that it goes to further the intent that it was given to us for, for purchasing arts and crafts supplies. Our Recreation Department wanted me to again extend their sincere thanks as well for the generous donation. RESOLUTION TO AMEND 2010 BUDGET RESOLUTION NO.: 221, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2010 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-8020-4720 Consultants 5,482 001-1990-4400 Contingency 001-3650-4400 Demolition of Unsafe Bldg 11,400 001-7020-1010 Wages & Salaries 001-7110-4823 Facilities Repair 4,000 002-8810-4500 Heating Fuel 002-1650-4100 Telephone 1,000 030-8130-4425 Sewage Treatment 030-8110-4130 Town Counsel Retainer 50 Increase Revenue 001-0000-52680 Insurance Recovery 7,084.80 Increase Appropriation 001-5132-4070 Building Repairs 7,084.80 th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None Discussion held before vote: Councilman Montesi-Questioned Mullen property unsafe building is that a lien on the property? Supervisor Stec-It is, the building was unsafe, there are unpaid taxes on it, it is on the foreclosure list the County has the opportunity if it wants to take the property but because the baggage that goes with this property the County it not touching it either. REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 905 RESOLUTION ESTABLISHING STANDARD WORKDAY AND REPORTING RESOLUTION NO.: 222, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 9 of 2010, the Queensbury Town Board established the standard workday for Town Elected and Appointed Officials at six (6) hours for the New York State and Local Employees’ Retirement System, and WHEREAS, the Town Board wishes to report days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Town Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reports the following days worked to the New York State and Local Employees’ Retirement System and authorizes and directs the Town Clerk to take any actions necessary to effectuate such reporting: ELECTED OFFICIALS EMPLOYER STANDARD RECORD OF DAYS/MONTH WORK DAY TIME WORKED (BASED ON TITLE NAME (Hrs./day) TERM BEG/ENDS WORKED SAMPLE OF Y/N ACTIVITIES) Supervisor Daniel Stec 6 hrs. 1/1/2010-12/31/2011 Y 27 SS#9806 Reg.# 39388251 Councilman John Strough 6 hrs. 1/1/2010-12-31-2011 Y 19.67 SS#7759 Reg.# 39521109 Highway Supt. Mike Travis 6 hrs. 1/1/2010-12-31-2011 Y 30.89 SS# 6985 Reg. #39419205 Town Clerk Darleen Dougher 6 hrs. 1/1/2010-12-31-2011 Tier I SS# 9858 Reg. #11692126 Town Justice Michael Muller 6 hrs. 1/1/2010-12-31-2011 Y 20.28 SS# 9763 Reg. # 36090272 APPOINTED OFFICIALS (submitted weekly time sheets) REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 906 EMPLOYER STANDARD RECORD OF DAYS/MONTH WORK DAY TIME WORKED (BASED ON TITLE NAME (Hrs./day) TERM BEG/ENDS WORKED SAMPLE OF Y/N ACTIVITIES) Exec. Assist. Leesa Stiller 6 hrs. 1/1/2010-12-31-2010 Time Sheets SS# 1866 Reg. #34929166 Conf. Sec. Highway Diana Tallon 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 8709 Reg. # 40483778 st 1. Deputy Town Clerk Karen O’Brien 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 4065 Reg. # 35694371 nd 2 Deputy Town Clerk Rusty Rose Mellon 6 hrs 1/1/2010-12-31-2011 Time Sheets SS# 8386 Reg. # 37976867 Deputy Rec. Judy Fish 1/1/2010-12-31-2011 Time Sheets SS# 5429 Reg. # 12540639 nd 2 Dep. Rec. Irma Hamblin 6hrs 1/1/2010-12-31-2011 Time Sheets SS# 1837 Reg. # 40713380 Deputy Highway Supt. Tom VanNess 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 2351 Reg. # 35289552 Court Clerk Kerrie Lewis Hatin 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 5589 Reg.# 37390168 Court Clerk Karen Stockwell 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 4698 Reg. # 13943170 Deputy Court Clerk Margaret Quintal 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 8039 Reg. # 41556549 Deputy Court Clerk Diane VonBraun 6 hrs. 1/1/2010-12-31-2011 Time Sheets SS# 0338 Reg. # 41664772 th Duly adopted this 7 day of June, 2010 by the following vote: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer AYES : None NOES : ABSENT: None RESOLUTION SETTING HEARING ON LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT CONCERNING PROPERTY LOCATED AT 1053 STATE ROUTE 9 REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 907 RESOLUTION NO.: 223, 2010 INTRODUCED BY: Mr. Anthony Metivier 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, Lake George Campsites, LLC (Applicant) has applied to the Town Board for a fourth § variance/waiver from 136-44 to connect its property located at 1053 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it is still working towards completion of sewer connection plans and the property’s four (4) on-site septic systems continue to be used to treat and dispose of sanitary waste, as more fully set forth in the application presented at this meeting, NOW, THEREFORE, BE IT st RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, June 21, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Lake George Campsites, LLC’s fourth sewer connection variance/waiver application concerning its property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6), 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 7 day of June, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING THE ROGERS ISLAND HERITAGE DEVELOPMENT ALLIANCE, INC. TO CONDUCT TRIATHLON RACE REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 908 RESOLUTION NO. 224, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, The Rogers Island Heritage Development Alliance, Inc., has requested permission to conduct a triathlon race, with the bike ride portion of such race to be conducted partially within the Town of Queensbury, as follows: SPONSOR : THE ROGERS ISLAND HERITAGE DEVELOPMENT ALLIANCE, INC. EVENT : TRIATHLON th DATE : Sunday, June 13, 2010 TIME : Approximately 8:00 a.m. – 1:00 p.m. PLACE : Bike Route beginning on Route 9L Pilot Knob Road to Ridge Road, left on Jenkinsville Road, left on Sunnyside East, Cross Halfway Brook and bear left onto Vaughn Road NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves The Rogers Island Heritage Development Alliance, Inc., triathlon race, with the bike ride portion of the race to be conducted partially th within the Town of Queensbury, to be held on Sunday, June 13, 2010 from approximately 8:00 a.m. to 1:00 p.m., subject to: 1) approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event; and 2) the Town’s receipt of proof of proper insurance from The Rogers Island Heritage Development Alliance, Inc. to conduct the triathlon race partially within the Town of Queensbury. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING TOWN ASSESSOR AND DATA COLLECTOR/APPRAISER TO ATTEND NYS ASSESSORS’ ASSOCIATION’S ANNUAL SUMMER SEMINAR RESOLUTION NO.: 225, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 909 WHEREAS, the Town of Queensbury’s Assessor and Data Collector/Appraiser have requested Town Board authorization to attend the NYS Assessors’ Association’s Annual Summer Seminar in th Cornell, New York during the week of July 11, 2010 at an estimated cost of $2,748, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Town Assessor’s 2010 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Assessor and Data Collector/Appraiser to attend the NYS Assessors’ Association’s Annual Summer Seminar in Cornell, th New York during the week of July 11, 2010 at an estimated cost of $2,748, and BE IT FURTHER, RESOLVED, that incurred expenses in the estimated amount of $2,748 at the conference shall be deemed proper Town charges, and BE IT FURTHER, RESOLVED, that such conference expenses shall be paid for from Account No.: 001-11355- 4090, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are proper Town charges. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF THTH MAY 26, 2010 AND JUNE 8, 2010 RESOLUTION NO.: 226, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 910 WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as thrdth Warrants with run dates of May 26, 2010 and June 3, 2010 and respective payment dates of May 26, 2010 th and June 8, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with the run dates of thrdthth May 26, 2010 and June 3, 2010 and respective payment dates of May 26, 2010 and June 8, 2010 totaling $105,656.65 and $661,471.73, respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION RELATING TO PROPOSED DRAINAGE DISTRICT IN VICINITY OF QUAKER ROAD AND HOMER AVENUE RESOLUTION NO.: 227, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, between Homer Avenue and Quaker Road in the Town of Queensbury there is a failed drainage pipe, which extends from and through property owned by Time Warner Cable, Minogue’s Beverage Center and The Tire Warehouse to Quaker Road, and WHEREAS, as a result of the failed drainage pipe there is substantial flooding in the area during the snow melt in the Spring and throughout the year during periods of heavy rain, and WHEREAS, the flooding poses a threat to the integrity of Homer Avenue, a Town Road, and creates serious problems for the owners of properties in the area, and WHEREAS, the Town has engaged in extensive discussions with the owners and representatives of Time Warner Cable, Minogue’s Beverage Center and The Tire Warehouse with the goal of bringing about a cooperative agreement to replace the failed drainage pipe, and REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 911 WHEREAS, as a condition of its participation in the proposed cooperative agreement to replace the drainage pipe, The Tire Warehouse required that certain conditions be met regarding access to its property and parking for its employees and customers during work to replace the drainage pipe, and WHEREAS, the Town has made diligent good-faith efforts to gain the cooperation of others in order to meet the requirements of The Tire Warehouse, and WHEREAS, despite the Town’s best efforts in this regard, the access and parking requirements of The Tire Warehouse could not be met and, as a result, all attempts to bring about a cooperative agreement to replace the failed drainage pipe have been unsuccessful, and WHEREAS, the Town Board previously recognized the severity of the drainage problem when the Board adopted Resolution No.: 162,2010, in contemplation of the need to form a Drainage District, authorizing the Town Engineer to prepare a Map, Plan and Report for replacement of the failed drainage pipe, and WHEREAS, the Town Engineer was directed to temporarily suspend work on the Map, Plan and Report when it appeared that efforts to reach a cooperative agreement to replace the failed drainage pipe would be successful, and WHEREAS, because the Town’s final attempts to bring about a cooperative agreement with The Tire Warehouse and other property owners to replace the failed drainage pipe have been unsuccessful, it is necessary for the Town to pursue formation of the Drainage District to address the serious drainage problem in the vicinity of Quaker Road and Homer Avenue, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby directs the Town Engineer to resume and complete work on the previously authorized Map, Plan and Report with all due speed and to file it with the Town Clerk as expeditiously as possible so the Board can schedule a Public Hearing and take the other procedural steps required to form the Drainage District needed to address the serious drainage problem in the vicinity of Homer Avenue and Quaker Road. th Duly adopted this 7 day of June, 2010 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Brewer NOES : Mr. Strough ABSENT : None REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 912 Discussion held before vote: Councilman Strough-I am going to say no but I want to explain, I know where the rest of the Board is going on this, I have concerns about if this is going to solve the issues. I want to get this fixed I would like to get it to bid and get some prices and to have a little bit more to deal with. I am worried about spending more money doing this drainage district I wish they would be more cooperative. I understand all the issues involved and I have said before, I just want to get this done and I would just soon get the bids and get it done. I am going to vote no but it is a kind of qualified no. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 228, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a three-way stop intersection at the intersection of Old Aviation Road and Greenway North, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing on Monday, st June 21, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post the Notice of Public Hearing presented at this meeting in the manner provided by law. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 913 4.0 CORRESPONDENCE 4.1 Building and Codes Report for April on file 5.0 TOWN BOARD DISCUSSIONS WARD I COUNCILMAN METIVIER ? RE: Glen Lake Road – there was a proposal from a resident on Nacy Road to make it one way due to its width, spoke to some of the residents on the road, one was in agreement to make it one way going east, one was in agreement to make it one way going west and the third one did not like the idea of one way…will speak to other residents on this road…before anything is done… ? Beautification Award Time…please nominate the residences that have exceptional yards…must do the work themselves…e-mail your nomination to any Ward Councilman(ward1@queensbury.net, ward 2@queensbury.net ward3@queensbury.net or ward4@queensbury.net) or write to the Beautification Committee – 742 Bay Road This also applies to local businesses… WARD II COUNCILMAN MONTESI ? Represented the Town of Queensbury at the Adirondack Assoc. of Towns and Villages in Lake Placid this weekend…spoke on the lack of industry in the Adirondack Park …Newton Falls has new paper industry it is an upscale green development…Hilary Smith the Adirondack Park Invasive Species Director gave high fives to the Town of Queensbury on our aggressive stance with invasive species especially milfoil. ? Gary Douglas President Plattsburg North Country Chamber of Commerce he has four thousand business people in the Chamber of Commerce trying to get more recognition from Albany. WARD III COUNCILMAN STROUGH ? Queensbury Post-Queensbury Senior Citizens – many activities and events for seniors ...call 761-8224 for more information ? Queensbury Parks and Recreation handout is now available for both child and adult summer programs ? Bicycles – New York State Canal Assoc. - a few facts from this publication – between 2002 and 2008 bicycling trips increased – half of all adults in the US participate in adventure vacations each year – twenty seven million Americans have taken a bicycling vacation in the past five years. - bicycling is the third most common vacation activity – 2009 bicycling bring in one billion dollars a year to Colorado State economy and in Portland Oregon contributes ninety million to its local economy and provides eight hundred and fifty to one thousand one hundred and fifty jobs. Health and economic benefits WARD IV COUNCILMAN BREWER ? Re: Main Street Project DA Collins milled from VanDusen to past Northern Distributing will be paving tomorrow ? Engineer Dan Ryan set monitoring wells on Applehouse Lane will be looking at the drainage in that area… SUPERVISOR DANIEL STEC ? Towns website www.queensbury.net great source of information ? Thanked TV8 and our sponsors for televising our Town Board Meetings ? Main Street Project – is moving along, they have done most of the sewer and will be working on the water lines and the rest of the year with utility work and then in 2011 the new sidewalks and curbing and pedestrian lighting and widening of the road will be done. We appreciate peoples patience as they deal with the inconvenience of a project that has been ten years in the planning and will take two years construction and cost over fifteen million dollars. REGULAR TOWN BOARD MEETING 06-07-2010 MTG #21 914 RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 229.2010 INTRODUCED BY: Mr. John Strough who moved for its adoption SECONDED BY: Mr. Ronald Montesi RESOLVED , that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting of th June 7 2010. th Duly adopted this 7 day of June by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury