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2010-06-21 MTG #23 REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 918 REGULAR TOWN BOARD MEETING MTG #23 June 21, 2010 RES. 231-244 7:00 P.M. BOH: 16-17 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WASTEWATER DIRECTOR, MIKE SHAW PRESS TV 8 POST STAR SUPERVISOR DANIEL STEC-Opened the Meeting – immediately after the Pledge please pause for a moment of silence to recognize the passing of our service member who was killed in combat last week Benjamin Osborn. He was a resident of Queensbury certainly will be mourned for his passing and our condolences go out to his entire family and friends. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI MOMENT OF SILENCE 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 231, 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 moves into the Queensbury Board of Health. Duly adopted this 21st 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 NOTICE SHOWN PUBLICATION DATE: JUNE 11, 2010 PUBLIC HEARING SANITARY SEWAGE DISPOSAL VARIANCE APPLICATION OF EDWARD HOOKER SUPERVISOR STEC- This is for a variance from chapter 136 to allow an absorption field seventy five feet from the existing well in lieu of a hundred, an absorption field sixteen feet from the existing dwelling in lieu of twenty and a distribution box eighty two feet from the existing REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 919 well instead of the required hundred. The property is at 2397 Ridge Road, Queensbury. Mr. MacElroy, I presume you are the agent for the owners DENNIS MACELROY- Correct SUPERVISOR STEC- With that I’ll open the public hearing and I’ll first turn the floor over to you and we’ll take some questions and then we’ll take public comment MR. MACELROY- I am Dennis MacElroy from Environmental Design, representing Mr. & Mrs. Ed Hooker, the owners and applicant of this property on Ridge Road, as you said, 2397 Ridge Road, north end of the Ridge Road area. There is an existing system that serves a single family residence. There has been some operational problems with the leech field portion of the system and I was called in to evaluate the situation. As a result I was suggesting and proposing the replacement of the existing leech field. As it were it’s not really compliant in a couple of areas and what we’re suggesting is just a replacement of the leech field, conventional stone and pipe leech field. It happens to be less than a hundred feet to the well. As you can see from the site plan the well is on the up gradient opposite side of the field from the house. The house lies between the well and the field. The well is up gradient, it’s a five hundred and twenty foot deep drilled rock well. I feel confident in the fact that the field won’t be in a situation to potentially contaminate the well based on the up gradient positioning of it, the depth of the well. That turned out to be the best location for replacement. We did look in other areas; there is ledge on the property. By proposing it where we did there is enough soil above ledge and a very simple replacement system, you know, gravity flow system to that point. If we had to go further away, there was some question about property to the north that Ed also owns. The next parcel to the north but that really is not suitable, first of all it would be a pump system, there is also rock also over in that area. I would suggest, as proposed, that that’s the system that would best serve the property. COUNCILMAN BREWER- That whole parcel, Dennis, is rock? MR. MACELROY- There is shallow depth to bed rock in that area. It’s a wooded site; it would result in disturbance in building a raised system that would be pumped to it if there was sufficient area for a raised system. It just so happened where we investigated it, proposed it to be there’s enough soil to meet the vertical separation distances you need to bedrock. It’s a simple solution right there, it’s just again the fact that we weren’t a hundred feet from the drilled well. COUNCILMAN STROUGH- Dennis, you and I traded emails and that was one of my questions, why didn’t he utilize the more northern lot. As you explained, probably would have but it wouldn’t remedy anything because of the soil conditions and the depth of ground water is not satisfactory, which also makes it not easily buildable. I’m just wondering if he might save himself some tax money by combining both those lots. That’s neither here nor there but Mr. Hooker ought to consider that because I know other people that have saved money by reincorporating their lots. The other question I had you also answered via email. You had brought it up before, the well is incased and the gradient was a question I had, although I visited the site and it’s relatively flat MR. MACELROY- There’s at least eight feet of difference between COUNCILMAN STROUGH- Is there, it doesn’t appear to be from the street but I didn’t actually walk on site. Alright, you satisfactorily answered some of the concerns I had. Thank you MR. MACELROY- Thank you SUPERVISOR STEC- Alright, the public hearing is open if there’s any members of the public that would like to address this hearing, just raise your hand I’ll call on folks one at a time. Any other discussion from Board Members, alright, seeing none I’ll close the public hearing. COUNCILMAN STROUGH- Just one note of caution SUPERVISOR STEC- Sure REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 920 COUNCILMAN STROUGH- Given the less than a hundred feet, and it is bedrock but you never know where the fishers are and so forth, you think the owner would mind getting this checked once a year for the next two or three years just to see that there is no leakage? MR. MACELROY- By checking for COUNCILMAN STROUGH- Checking for ecoli and so forth COUNCILMAN MONTESI- Water tested MR. MACELROY- Running a water test, taking a water sample and taking a test of that COUNCILMAN STROUGH- Yeah MR. MACELROY- No, I don’t think they would have a problem with that COUNCILMAN STROUGH- Just to be on the safe side MR. MACELROY- Sure SUPERVISOR STEC- Alright, so you want to move that with that condition COUNCILMAN STROUGH- I would like to add that condition just to be on the safe side SUPERVISOR STEC- That the next two years the water will be tested at least annually COUNCILMAN STROUGH- Because if there’s a fisher it will show up right away SUPERVISOR STEC- And Rose you’re adding that into DEPUTY CLERK MELLON- Yes SUPERVISOR STEC- And Ron would you second that? COUNCILMAN MONTESI- Yes, seconded it RESOLUTION APPROVING EDWARD HOOKER’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 16, 2010 BOH INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Edward Hooker submitted an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to allow 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 06-21-2010 MTG #23 921 on property located at 2397 Ridge Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the st variance requests on Monday, June 21, 2010, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Edward Hooker’s application for a variance from the Sewage Disposal Ordinance 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; 4.once a year for the next two years this system will be checked for leakage, by sampling the water for e-coil on property located at 2397 Ridge Road in the Town of Queensbury, and bearing Tax Map No.: 240.-1-14. st Duly adopted this 21 day of June, 2010, by the following vote: REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 922 AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 17, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 21st day of June, 2010 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0PUBLIC HEARINGS ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK NOTICE SHOWN PUBLICATION DATE: JUNE 11, 2010 SUPERVISOR STEC- We set this public hearing a couple of weeks ago. This is that intersection of Greenway North and Old Aviation Road and for those of you that are familiar with the area it’s a frequent cut through for a lot of traffic trying to go from Aviation Road over to Route 9 and vice versa. There’s an intersection there and right now it’s a three way intersection, two of the three lights have a stop sign, the third light coming up Old Aviation Road as you’re heading towards the Mall does not have a stop sign. It is a little confusing; I talked to a couple of the residents. One I bumped into somewhere and the other I bumped into when I went to the site, hoping to find somebody that lived near the intersection. Everyone I talked to said yes they would prefer this stop sign be added. I talked to the Highway Superintendent and he didn’t have any objections to the concept either. Anytime we add a stop sign it requires a public hearing because we are actually amending a local law. With that said, I will open the public hearing if there is any members of the public that would like to comment—Mr. Naylor PAUL NAYLOR- Not a very good idea, I think. When you get stuck on that hill in the winter stopping for that stop sign you’re going to say oh, sugar. SUPERVISOR STEC- I know that’s what you would say MR. NAYLOR- You knew that. It’s no big deal. If you keep a run of traffic on that road, there’s not that much traffic at that intersection. One every five hundred hours or so, it’s not that bad. I’ve been up there a few times only because I’m going to McDonalds. That’s my two cents worth. SUPERVISOR STEC- Thanks, Paul. Is there anyone else that would like to address the Board this evening? Yes, Sir REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 923 JOHN B. COZZENS- As I understand it, this intersection is currently a two way stop with the stop signs both stopping traffic that’s traveling on Greenway North both directions is that correct? SUPERVISOR STEC- Correct MR. COZZENS- So traffic that’s on Old Aviation Road has the right of way… SUPERVISOR STEC- Has no stop sign, correct MR. COZZENS- Personally, I would find it preferable to have a three way stop as opposed to a two way stop if for no other reason than it is just more natural to expect that when you’re coming to a T-intersection that you would have to stop and yield to traffic. Personally, I seem to remember, correct me if I’m wrong, that the intersection use to be just a one way stop. I don’t know if anyone remembers that off hand but traffic coming on Old Aviation Road onto Greenway North had to stop and the other traffic did not. I’m just wondering why that’s not being considered instead? COUNCILMAN STROUGH- Well, I think the three way intersection currently is, what we’re doing is adding a stop sign to Old Aviation Road as you proceed west. That is because most drivers that aren’t familiar with that intersection come to a stop expecting to stop. If you stand there and watch the traffic that’s what happens, they come to a stop anyways. There is driver confusion and there’s some confusion about the Greenway North and who has the right of way. The one way to clear up that driver confusion is to put stop signs all the way around. Like Mr. Naylor pointed out it’s not a heavily used intersection. It’s probably used more than you might think. I remember doing counts on that intersection back in the Cracker Barrel days. The driver confusion is what we’re a little bit concerned about. We think that adding a stop sign would in effect make a safer intersection. Like I said, there is some concern about being able to proceed forward after making a full stop in the middle of a snow storm. That’s if it’s real slippery there. Generally speaking though, the road is pretty well taken care of. Like I go there all the time, I have friends on that street as well, so I’m familiar with the intersection, I’m familiar with the hill and everything else. I’ve never had a problem once I’ve stopped there because I have a natural propensity to want to stop there like everybody else. Again, I think that will clear up that confusion and make a safer intersection MR. COZZENS- I guess I would just say to your point Mr. Strough that I agree with you and I do think there should be a stop on Old Aviation Road. My question really is why there is one for Greenway North and to Mr. Naylor’s point; there is a stop sign there now if you’re coming onto Greenway North from Aviation Road. So, you have to stop there anyways, no storm or not. My question would be why it wouldn’t be more prudent to just change it to a one way stop intersection as opposed to three way. But, like you said with the confusion, as it is presently, I would much prefer a three way stop to the two way stop that it is now. COUNCILMAN STROUGH- Okay, thank you MR. COZZENS- Thank you COUNCILMAN STOUGH- Good seeing you too SUPERVISOR STEC- Is there anyone else that would like to address the Board on this public hearing? Alright, seeing none I will close the public hearing and entertain a motion. RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO. 232, 2010 INTRODUCED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 924 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 duly conducted a public hearing concerning the proposed st Amendment to Ordinance No. 28 on Monday, June 21, 2010 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk’s Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. st Duly adopted this 21 day of June, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None AMENDMENT TO TOWN OF QUEENSBURY ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 925 SECTION 1. Ordinance No. 28 of the Town of Queensbury Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, State of New York, is hereby amended to add a stop intersection as follows: Stop sign(s) shall be erected to make a three-way intersection at the intersection of Old Aviation Road and Greenway North. SECTION 2. This Amendment shall take effect 10 days after its publication, posting and compliance with §1683(a) of the Vehicle and Traffic Law. 3.0HEARINGS LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR FOURTH VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136- SEWERS AND SEWAGE DISPOSAL SUPERVISOR STEC- We’ve done these several times off and on for various properties on Route 9 since the Route 9 sewer district was created a few years ago. From the title of the resolution, this would be the fourth, several properties have asked for more than one extension; typically we have been granting one year extensions as we go so this was correctly points out that this is the fourth time that property has sought that. In and of itself, is not necessarily a huge deal, however in conversations I’ve had with our Wastewater Superintendent and some Board Members off and on about this issue over the years, I think it’s fair to point out that while we may, we haven’t yet, but while me may grant another extension for this or other property, it’s not to say that we will continue to grant these in perpetuity. I know that over time we would prefer to have all the properties tie in. Many of them have, several still have not. It’s important that the folks in that sewer district that are paying the freight to be reminded that these properties that aren’t tied in are taxed in the sewer district because they are a member of the sewer district as though they were connected. They are paying their fair share of the capital construction; they’re just not paying any operating cost because they’re not contributing to the operating cost. There is no financial disadvantage to the rest of the district, however, in most cases there is some convenience factor or financial factor that benefits these applicants from seeking a waiver, whether it’s the economic conditions for bailing at the time or a site specific issue where they’re trying to turn it over and in process of trying to sell it and maybe reconfigure it and so it doesn’t make sense to run sewer at that time. So, just as a general discussion, we’ve granted these over the last several years but it’s probably fair warning not only for this property but for other properties that that may not continue indefinitely. I think the Board has been pretty flexible over the last four years. I don’t think we’ve turned anyone away but that’s not to say that we’re going to have a sewer district where ten years from now we still have properties that haven’t tied in. We’re trying to work with everybody but REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 926 COUNCILMAN MONTESI- I think the important thing here is that this is a seasonal operation, the campsites, and they probably have sufficient capacity in their septic system to handle this but it would be nice to know that maybe one of the things, waivers that we ought to put on this is that we need to see a plan of when you’re going to hook up. Three to five years, whatever it is because every year we do this and this is one particular individual as long as his septic systems are working and it’s a seasonal operation we’ll be doing these forever. Maybe we ought to be asking for a plan for when they plan to hook up SUPERVISOR STEC- In fact, one of the resolved clauses in this which has become fairly standard does provide language saying that provided that if there is any change in property use, increase in septic use or additional bathroom facilities added then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver. I think to your point if all the sudden the property’s use changes hands, it’s not a campsite anymore but in fact it’s going to be a strip mall or some sort of retail restaurant use then that variance would go away and they would need to either re-apply for a variance or more than likely if a significantly more intensive use was coming in than at that point the Town Board would say, and they would probably want to tie in. That gives the Town the option to do that if they change the pattern of septic use on the property. In this case, you’re right, it’s a seasonal use as it stands right now, these campgrounds, so it’s not a particularly intensive use year round for a lot of, as an example a restaurant would be COUNCILMAN MONTESI- Right COUNCILMAN BREWER- Dan, I have two questions for Mike Shaw. Mike, maybe I’m wrong, maybe I’m not but I just want to find out, is flow beneficial to the pipes that are in the ground. In other words, having the pipe in the ground and very few people using it, is it better for the infrastructure if it’s used or it doesn’t really make any difference? WASTEWATER DIRECTOR, MIKE SHAW- The infrastructures designed or the whole corridor’s slow so yes it is better SUPERVISOR STEC- It’s better if you have less flows than what was anticipated, that is bad for the physical infrastructure WASTEWATER DIRECTOR, SHAW- It can cause some problems, even treatment problems also COUNCILMAN BREWER- Okay, so I think that’s the thing for this Board to consider. The other questions I had is there’s a test required to say that the septic system has been pumped and is operational and the only thing we have is a test from 2009, is there one WASTEWATER DIRECTOR, SHAW- I think fall of 2009 is in there COUNCILMAN BREWER- nine fourteen WASTEWATER DIRECTOR, SHAW- I think what’s happened there is they pumped at the end of the year so that was last year COUNCILMAN BREWER- We don’t require a test before we give this waiver WASTEWATER DIRECTOR, SHAW- No, we don’t require a test. The only thing we’ve added into the last few waivers, as the Board remembers, I suggested us having us having them show us that their maintaining the system. That’s what the requirements are COUNCILMAN BREWER- I guess my point is before I grant a waiver, I think I’d prefer to know that it’s working and have it pumped prior, and I don’t want to hold this particular one up, but I think maybe we could do something to have the person, whoever is applying for it required to prove that it works and that they’ve had it pumped before they get the extension REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 927 WASTEWATER DIRECTOR- We could add language to do that, we can require a dye test or something and COUNCILMAN BREWER- That’s my preference; I don’t know how the rest of the Board feels WASTEWATER DIRECTOR, SHAW- A Statement that it is currently working, we can do that COUNCILMAN BREWER- I mean this could go another year and he comes back for an extension, we could find out next year when he has it pumped or whatever it has a leak and we’ve gone a whole year SUPERVISOR STEC- To Tim and everyone’s concern trying to encourage tie in, a letter was sent, I can’t remember when, not that long ago, but months ago, to all property owners that haven’t connected in encouraging them, or hadn’t sought a variance, some of them haven’t even asked for this waiver, that we went through the records and found hey who hasn’t tied in and we tried to nudge them along, which explained part of the rash of waivers that we got over the last couple months. Perhaps it’s time for us to go through that exercise again. Hopefully it’s a shorter list now and we try to nudge them maybe a little bit harder because it’s been four or five years now since we’ve created the district, a lot of properties have tied in but more than just a couple haven’t COUNCILMAN MONTESI- Is there a restaurant on that list, the one that tied in and didn’t have a variance WASTEWATER DIRECTOR, SHAW- There is probably more than one restaurant and there is one restaurant, I just found out I think they are having a problem with their system SUPERVISOR STEC- Let’s dust that off. I think Counsel helped write that letter. I don’t remember if you signed it or I signed it or Counsel signed it. If we could dust that off in particular for maybe some of the ones that we might be a little more concerned about and maybe reach out to them again and try to see where they are as far as the time line; if they have a waiver that’s about to expire or do they not have a waiver at all and react accordingly. We’ve been pretty flexible, I think we’ve been, the Town’s, despite what two or three people say, we’re pretty patient and we try to be flexible with people, to a fault sometimes. I think this is a case now where another reminder is warranted. Certainly, as Tim pointed out, maybe in the future we’re not granting these, especially if it’s not good for the infrastructure to go under used. WASTEWATER DIRECTOR- I think there is one other clause that we could add in and it just became apparent to me tonight. We don’t have a clause in there that says if their septic system fails they have to connect. COUNCILMAN BREWER- Yeah, I would prefer that as well, maybe you could WASTEWATER DIRECTOR, SHAW- I thought we had that years ago, but anyway, I’ll make sure from now on we have that clause in there. What brought this whole thing about is that I think there is somebody up there that their system is failing SUPERVISOR STEC- On Route 9 WASTEWATER DIRECTOR, SHAW- If we had that it would be clearer COUNCILMAN BREWER- As I recall, there’s not that many that aren’t hooked up that keep requesting these variances Mike. Maybe you could send some sort of a letter saying that we’re going to require when you come in for an extension we’re going to require proof that it’s been pumped and it is working. That’s the least that we can do I think. REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 928 SUPERVISOR STEC- I would agree. If you would coordinate with Counsel’s Office to make sure the new format, the new template going forward incorporates all that. WASTEWATER DIRECTOR, SHAW- I can do that, not a problem SUPERVISOR STEC- Alright, I’ll open the public hearing, I don’t think I did that yet so I’ll declare the public hearing on this open and if there’s any members of the public that would like to comment on this waiver, no wait, it is a hearing. We don’t have to but I will, if there is any member of the public that would like to comment I’ll take any public comment. Alright, I will close this hearing and entertain a motion. APPROVING RESOLUTION LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR FOURTH VARIANCE/ WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 233, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Lake George Campsites, LLC (Applicant) 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, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the st Town Board conducted a hearing concerning the variance/waiver request on Monday, June 21, 2010, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 929 plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Lake George Campsites, § LLC’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers required” and hereby grants Lake George Campsites, LLC a one-year st extension of time or until June 21, 2011 in which to connect its property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that Lake George Campsites, LLC shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2010 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 4.0PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) TAMMY SULLIVAN- Questioned the Board on the status on the Homer Avenue drainage issues SUPERVISOR STEC- We are still heading in district direction. Our engineer has completed his draft map, plan and report and this morning sent it to Town Counsel’s Office for their review. We should have something for the Board to consider in July. MS. SULLIVAN- Is the next step a public hearing? SUPERVISOR STEC- When we have a completed map, plan and report their will be a resolution to set a public hearing and then two weeks after that or so there will be a public hearing. Once we conclude the public hearing the Town Board could vote to establish the district and in the meantime we would be working towards getting construction documents out for bid. There would be a period of waiting while bids come back from the would be construction companies. REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 930 MS. SULLIVAN- Can that go out to bid anytime or do you have to wait for the public hearing? SUPERVISOR STEC- Not sure, if we can move them in parallel we will try to compress the time line as much as possible MS. SULLIVAN- By forming a district can you go on the property and do the work SUPERVISOR STEC- If we form the district there will still be the needs for gaining access to property. We would need to continue to work with the property owners. MS. SULLIVAN- So this isn’t happening this fall? SUPERVISOR STEC- It depends on how reasonable we’re all going to be. We are doing the best we can. I think it will. It is private property; we’re doing everything we can. We do not hold all the cards here, but we’re doing what we can. MS. SULLIVAN- It’s not being bonded? SUPERVISOR STEC- We’ll have to cross that bridge when we come to it. I don’t know. I’m hoping that at our next meeting we’ll have the map, plan and report for the Board, and hopefully the Board will have a chance to review it before that and if the Board is comfortable with it we could move forward to setting a public hearing. JOHN COZZENS- Spoke regarding the workshop last week concerning a possible solid waste collection district. SUPERVISOR STEC- Yes, our attorney is going to be condensing the thoughts and the questions of the Board into a memo to us laying out the process going forward. He was also going to contact possible bidders to get their input on this. This will give us a little more information to help make a decision. MR. COZZENS- It’s my understanding that the Town already has solid waste collection through the Transfer Stations on Ridge and Luzerne Roads. Residents do have an option if they don’t want to have a hauler. I know that a number of residents do use trash haulers. I have a number of questions for the Board regarding flexibility with regards to opting in or out of this program. People should have the option to not participate if they don’t want to. Another thing to consider is if some want to opt in or out at a later date rather than just at inception. Feasibility is another thing to consider. Have we done a study on this as to how much we could save? Liability- what would happen if we were to contract with an independent trash hauler and they were not to fulfill their end of the contract? What would the effects be? Finally, what is the Town’s motive? I know we want to save money but this is something that private companies are providing a service already. SUPERVISOR STEC- A few years ago the State Comptroller’s Office did a report and the report to the Town of Queensbury said that they estimated that we would cut the residential trash cost by more than half. If we can use the Town’s collective buying power to take somebody’s three hundred a year trash bill and make it a hundred and fifty, we just saved every resident a hundred and fifty dollars. The Town has been pretty cautious; we don’t generally leap into something without looking. A lot of the questions you asked will be answered. The direction we are trying to go is slow and steady. We haven’t rushed into anything yet, we’ve been talking about this for four years now. JOHN SALVADOR- Read a letter into the record regarding an application before the Planning Board requesting the approval of a site plan of a five thousand six hundred and fifty square foot outside patio banquet area. A copy of the letter was given to the Clerk to distribute to each of the Board Members as well as a copy for Zoning Administrator, Craig Brown. REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 931 PLINEY TUCKER- Spoke regarding an article in the Chronicle regarding exit 18. Did we have a lawsuit with National Grid? SUPERVISOR STEC- Yes, it was over whether or not our underground utilities law was valid or constitutional. The court said yes it was. National Grid took steps towards appealing that decision, which put everything on hold. MR. TUCKER- Are you setting up some kind of taxing district? SUPERVISOR STEC- No, National Grid’s amount is going to be covered under a tariff provision. It will show up on the monthly electric bills for all electric bills Queensbury for a period of fifteen years. It’s going to amount to in the neighborhood of fifty cents per month for residents. COUNCILMAN MONTESI- We won the lawsuit that said that National Grid had to put the underground wiring in on exit 18. We all assumed that it was going to be at their cost, but instead National Grid is going to apply a tariff to the electric bills for the Town of Queensbury. That’s how the underground wiring for that area. SUPERVISOR STEC- It’s based on usage. The average home will see about fifty cents per month. MR. TUCKER- Spoke regarding the trash plant. When does the County’s responsibility end? SUPERVISOR STEC- The end of next year 2011. MR. TUCKER- How long is it going to take all the towns in Warren County to change their way of handling waste? COUNCILMAN MONTESI- We need to know how much the burn plant is going to charge per ton and that will be the deciding factor whether a Town goes to the burn plant or somewhere else. PETER BROTHERS- ? Distributed to the Board information he received from the State Comptroller’s Office regarding economic benefits concerning projects in our community. ? Questioned the Board about the possible solid waste collection district. SUPERVISOR STEC- It’s still in the exploratory phase. Our attorney is going to look into it. 5.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 234, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Department of Parks and Recreation has requested Town Board authorization to hire Meghan Dougher, Alyssa Flansburg, Michael McNally, Kaitlin REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 932 O’Shaughnessy, Kelly O’Shaughnessy, Amber Stiller and Arinne Stiller to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives and: ? Meghan Dougher is the daughter of Town Clerk Darleen Dougher; ? Alyssa Flansburg is the daughter of Mechanic James Flansburg of the Parks and Recreation Department; ? Michael McNally is the son of Town Justice Robert McNally; ? Kaitlin O’Shaughnessy and Kelly O’Shaughnessy are the daughters of Assistant Director of Parks and Recreation Lori O’Shaughnessy; ? Amber Stiller and Arinne Stiller are the daughters of Executive Assistant to the Town Supervisor, Leesa Stiller; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town’s Department of Parks and Recreation on a part- nd time, seasonal basis effective on or about June 22, 2010, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, 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 complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING SHORT-TERM, INTERFUND ADVANCE RESOLUTION NO.: 235, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 933 WHEREAS, in order to aid with cash flow, the Queensbury Town Board wishes to arrange for a short-term interfund advance as authorized by New York State General Municipal Law §9-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a short-term interfund advance in the amount of $500,000 from Capital Reserve #64 to the General Fund #1 bearing interest at the rate being earned by such Capital Reserve with such advance to be repaid on or before December 31, 2010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Accountant to take all actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 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 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND MANNIX MARKETING, INC. RESOLUTION NO.: 236, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has received a request for occupancy tax funding from Mannix Marketing, Inc., for provision of marketing services which will market and bring awareness to Queensbury and its tourism businesses, and WHEREAS, such promotion and marketing services will promote the Town of Queensbury and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 934 WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Mannix Marketing, Inc., in the amount of $10,500 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Mannix Marketing, Inc., has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Mannix Marketing, Inc., as delineated in the preambles of this Resolution and authorizes the Agreement between the Town and Mannix Marketing, Inc., substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $10,500 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. st Duly adopted this 21 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 AUDIT OF BILLS – ST WARRANT OF JUNE 21, 2010 RESOLUTION NO.: 237, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a thnd Warrant with a run date of June 17, 2010 and payment date of June 22, 2010, REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 935 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run thnd date of June 17, 2010 and payment date of June 22, 2010 totaling $1,711,941.68, 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. st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING RENEWAL OF MARSHALL & STERLING UPSTATE, INC., AS TOWN OF QUEENSBURY INSURANCE AGENT RESOLUTION NO.: 238, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 216,2009, the Queensbury Town Board authorized engagement of Marshall & Sterling Upstate, Inc., to provide insurance coverage to the Town of stth Queensbury effective July 1, 2009 – June 30, 2010, and WHEREAS, the Town Board wishes to authorize renewal of such coverage with Marshall stth & Sterling Upstate, Inc., effective July 1, 2010 – June 30, 2011, in accordance with Marshall and th Sterling Upstate, Inc.’s proposal dated June 14, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the renewal and engagement of the services of Marshall & Sterling Upstate, Inc., to provide insurance coverage stth to the Town of Queensbury effective July 1, 2010 – June 30, 2011 in accordance with Marshall th and Sterling Upstate, Inc.’s proposal dated June 14, 2010 presented at this meeting, and REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 936 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION TO AMEND 2010 BUDGET RESOLUTION NO.: 239, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 $ 035-8120-4300 Electricity 035-8110-4130 Counsel Retainer 51 Increase Revenue 004-0000-52680 Insurance Recovery 500 Increase Appropriation 004-5130-4110 Repairs 500 st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 937 ABSENT: None RESOLUTION AUTHORIZING DUNHAM’S BAY RESORT TO PLACE TWO (2) PORT-A-JONS ON DUNHAM’S BAY LODGE PROPERTY FOR 90 DAYS RESOLUTION NO.: 240, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the owner of the Dunham’s Bay Resort, through its attorneys, has requested approval to place two (2) port-a-jons on the property of the Dunham’s Bay Lodge for a period of 90 days, and WHEREAS, the applicant stated that the applicant will: 1.undertake a professional analysis of the property’s wastewater production and treatment; and 2.correct any deficiencies; and 3.have the existing facilities on the west side of the Lodge pumped daily and disposed of offsite; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Dunham’s Bay Resort’s request to place two (2) port-a-jons on the Dunham’s Bay Lodge property for a period of 90 days, and BE IT FURTHER, RESOLVED, that this Resolution is contingent upon the applicant’s promise that all port- a-jons shall only be on the premises for 90 days from the date of this Resolution and that all such port-a-jons shall no longer be used and shall be removed immediately upon the expiration of such 90 day period, and BE IT FURTHER, RESOLVED, that the Town Supervisor and the Town Budget Officer shall take all actions necessary to effectuate the terms of this Resolution, and REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 938 BE IT FURTHER, RESOLVED, that this Resolution is contingent upon the applicant's investigation of the wastewater production and treatment on the premises and correction of any deficiencies in accordance with applicable laws and regulations. st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: Mr. Montesi ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS TO TRA-TOM DEVELOPMENT, INC., IN CONNECTION WITH DEDICATION OF WESTBERRY WAY AND WOODSHIRE COURT IN PINE RIDGE ESTATES SUBDIVISION RESOLUTION NO.: 241, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 546,2004 the Queensbury Town Board authorized the dedication of Westberry Way and Woodshire Court Roads in the Pine Ridge Estates Subdivision and at the time of dedication, Burnt Hills, LLC provided the Town with $8,750 to ensure completion of the roads, such sum to be held in escrow pursuant to the terms of an Escrow Agreement, and WHEREAS, as required by the Escrow Agreement, the Town deposited the $8,750 in an interest bearing account, and WHEREAS, by Resolution No.: 240,2005, the Town Board authorized the assignment of the Escrow Agreement between Burnt Hills, LLC and the Town to Tra-Tom Development, Inc., as Tra-Tom Development, Inc., purchased the Pine Ridge Estates Subdivision from Burnt Hills, LLC and reimbursed Burnt Hill, LLC for the $8,750 escrow deposit, and WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the connector road between the Pine Ridge Estates Subdivision to the Schiavone Subdivision has been completed to the Highway Superintendent’s satisfaction in accordance with the Escrow Agreement, and therefore has requested that the monies held by the Town be released, and REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 939 WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held in escrow to the Developers as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to Tra-Tom Development, Inc., in connection with the dedication of Westberry Way and Woodshire Court Roads in the Pine Ridge Estates Subdivision, which sum shall be the amount of $8,750 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 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 VOICE/DATA SALES SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CORNERSTONE TELEPHONE COMPANY RESOLUTION NO.: 242, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously entered into agreements with Cornerstone Telephone Company for phone service, and WHEREAS, the Town wishes to authorize a contract modification with Cornerstone Telephone Company which will result in new equipment for the Town and with billing to be on a month-to-month basis, and WHEREAS, the Town’s Purchasing Policy was followed and the appropriate amount of quotes were obtained to satisfy the Town’s Procurement Policy, REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 940 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a one (1) year Voice/Data Sales Service Agreement with Cornerstone Telephone Company substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that operational and connection charges for new and changed services be charged to Central Communications, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement on behalf of the Town of Queensbury and the Town Supervisor, Town Budget Officer and Town Computer Technology Coordinator to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CONVENTION & VISITOR’S BUREAU RESOLUTION NO.: 243, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has received a request for occupancy tax funding from the Lake George Regional Convention & Visitor’s Bureau (LGRCVB) for provision of a tourism promotional and marketing campaign and consultation services which will, in part, spotlight and showcase Queensbury businesses, and REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 941 WHEREAS, such promotion and marketing services will promote the Town of Queensbury and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to LGRCVB in the amount of $25,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGRCVB has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the Lake George Regional Convention & Visitor’s Bureau (LGRCVB) as delineated in the preambles of this Resolution and authorizes the Agreement between the Town and LGRCVB substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $25,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. st Duly adopted this 21 day of June, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None **GARY THORNQUIEST, GENERAL MANAGER OF LAKE GEORGE RV PARK- Promoting more people staying Queensbury and generating more occupancy tax, which will result in more sales tax, which in turn will be a benefit to all Queensbury residents. Has been working with REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 942 Councilman Strough and Councilman Metivier along with some other businesses to try and facilitate a plan to promote Queensbury to generate more occupancy tax, more tax revenue for the Town of Queensbury. With the help from everyone here and all the business owners involved we feel that we have come up with a very good plan to do that. JANICE FOX, PRESIDENT OF LAKE GEORGE REGIONAL COMMERCE AND CONVENTION AND VISITOR’S BUREAU- Thanked the Board for all of the workshop sessions since November. Also thanked the Queensbury businesses that came out to join us in these round table discussions. MICHAEL CONSULLO, DIRECTOR OF SALES- Honored to have been appointed as the Hospitality Special Events and Convention Sales Director. COUNCILMAN STROUGH- Looking forward to working with this team. I think we are going to see a nice fit with this group and the Town in the promotion of Queensbury businesses. 6.0 CORRESPONDENCE DEPUTY CLERK MELLON- The Supervisor’s Report for Community Development/Building and Codes for the month of May is on file in the Town Clerk’s Office. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- Questioned the Mall time table? SUPERVISOR STEC- They are still standing by their statement that all the buildings will th be down by September 30. COUNCILMAN STROUGH- ? Spoke regarding promoting Queensbury in a comprehensive way. Concerned that Queensbury is not listed on several different maps of the area, we need to work on changing this. ? Reviewed the monthly Fire Marshall Activity Report received from the Fire Marshall’s Office. COUNCILMAN MONTESI- Had the pleasure and the honor of representing the Town of Queensbury and Supervisor Stec at a Boy Scout/Eagle Badge presentation for Timothy Michael Cruz of Queensbury. It was an impressive ceremony. It’s quite an achievement for a young man to become an Eagle Scout. Timothy’s Eagle Scout project was to restore the Sunnyside Cemetery near Sunnyside Lake. The Town of Queensbury is obligated to take over abandoned cemeteries. At this particular cemetery all of the stones were either knocked over, dirty or buried. He spent over a hundred hours getting those stones cleaned up and, glued back together and dug up the ones that were buried. It’s a wonderful opportunity to see young folks really extending themselves. COUNCILMAN METIVIER- Expressed his sincere condolences to the Osborn family who he has known for many years. The turnout at the Airport this morning was impressive and is particularly proud of our community for coming out and showing their support and respect for the Osborn’s. SUPERVISOR STEC- Did not have the fortune of knowing the Osborn family but is very sorry for their tremendous loss. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 244, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 06-21-2010 MTG #23 943 SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21st day of June, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury