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2010-07-26 MTG #28 REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 968 REGULAR TOWN BOARD MEETING MTG # 28 July 26, 2010 RES. 260-271 7:00 P.M. BOH: 20-21 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS WATER SUPERINTENDENT, MIKE SHAW DEPUTY HIGHWAY SUPERINTENDENT, THOMAS VANNESS BUILDING & GROUNDS SUPERINTENDENT, CHUCK RICE PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STEC-Opened the Meeting 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 260, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 26th day of July, 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: July 16, 2010 PUBLIC HEARING SANITARY SEWAGE DISPOSAL VARIANCE OF JOHN AND SANDRA LAMBRECHTS REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 969 SUPERVISOR STEC- We set this public hearing at one of our last meetings. This is for an existing wastewater system which will result in an addition of the third biofiltration peat module. Replacement of such module will be within the existing dispersal field, which will result in the installation being approximately seven feet of the property line in lieu of ten feet. The property is located at thirty two Russell Harris Road in the Town of Queensbury. With that said, I see Mr. MacElroy is here representing the owner I presume. DENNIS MACELROY- That’s correct SUPERVISOR STEC- If you want to just enlighten us the highlights of what we’ve got in front of us this evening. I think we did have one question from last time as far as… and I’m not sure if we got it or not about the last approval that the Board granted, whether or not there were any conditions on there about future expansion or future bedrooms. Anyway, I’ll let you address the matter with the Board. MR. MACELROY- Thank you SUPERVISOR STEC- Thank you MR. MACELROY- I am Dennis MacElroy with Environmental Design, representing the applicants John and Sandra Lamrechts’. John is with me at the table and Sandy is in the audience. This is an application for an existing property, the Lambrechts’ are hoping to put an addition on the house which would result in an additional bedroom. That is subject to further approvals by other Queensbury Boards. But to start with based on suggestion or advice from the Zoning Administrator were here before this Board because in 2006 the applicants received an approval for the wastewater system that currently serves their house. That system is quite unique in that it was the first enhanced treatment unit approved and installed in the Town of Queensbury. COUNCILMAN BREWER- The ultra-violet MR. MACELROY- No COUNCILMAN BREWER- No MR. MACERLOY- This is the peat biofiltration system, so it provides additional treatment to the typical wastewater, septic tank effluent. It goes through an additional step of treatment. There is an area up near the road, happens to be closer than the normal ten foot separation to the property line, hence the need for the variance. That was true in 2006, it’s true today; Craig Brown felt that it would be appropriate to come back before this Board. We’re not changing the size or shape of the dispersal area; we’re just adding a third pura-flow unit to that dispersal unit. Again, he still felt it was appropriate to come back before the Board so here we are. COUNCILMAN BREWER- Is that because of another bedroom MR. MACELROY- Correct. Each module of this pura-flow system, and it’s a device again that’s contained within a seven foot long, four foot wide thirty inch high plastic module that contains the peat fiber that the effluent is distributed through. COUNCILMAN BREWER- Excuse me for my ignorance, is that the one with the filters, no MR. MACELROY- Well it has, the peat fiber is the filter device. COUNCILMAN BREWER- Okay, nothing to be changed though MR. MACELROY- Well in COUNCILMAN BREWER- As I recall there was one system you brought in or came in with and there was a filter, some type of a filter that had to be changed REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 970 MR. MACELROY- Well the peat fiber in time, fifteen years, twenty years out depending on it’s type of usage, that’s what the manufacturers identify now as the life time of the peat that’s contained within the module. COUNCILMAN MONTESI- This in place of a leach field? MR. MACELROY- Well, it still has a leach field Ron, it’s still an absorption field below the modules. The effluent goes through the modules in weeps out the bottom of that into a bed similar to what you might have in an Elgin System or even a conventional system. It really, not to confuse you with the facts but, it’s really the same area that we would use, that’s how I designed it. It’s basically the same area that you would use even if you have an Elgin System that the Lambrechts’, were to their credit, wanted to do the best job that they could with wastewater treatment for their new home and that’s what they did. COUNCILMAN MONTESI- There wasn’t any restriction in 2006 to any expansion right MR. MACELROY- Correct. I did go back and specifically, I printed the resolution but there are no conditions or anything in that for, I heard, I assumed that might be a question but I also heard that through the grapevine that you had questioned that perhaps two weeks ago. SUPERVISOR STEC- I’ll open the public hearing and if there are any members of the public that would like to comment on this public hearing I just ask that you raise your hand one at a time and I’ll call on people and you can come to the microphone. If you would just state your name and address for the purpose of the record, we’ll take any public comment. No one’s jumping. Does the Board have any other questions for the applicant or his agent? COUNCILMAN MONTESI- I’ll move the resolution SUPERVISOR STEC- I’ll close the public hearing and entertain a motion to approve by Councilman Montesi COUNCILMAN METIVIER- I’ll second it SUPERVISOR STEC- Seconded by Councilman Metivier, any discussion by the Board? COUNCILMAN BREWER- Just one question, do we have sign offs or are they required, no, yes? MR. MACELROY- Sign offs from? COUNCILMAN BREWER- Neighbors. Don’t we typically, not for the property line just near the well right? SUPERVISOR STEC- Right COUNCILMAN BREWER- Okay, never mind SUPERVISOR STEC- Any other discussion. Alright, hearing none let’s go ahead and vote Rose **DISCUSSION HELD BEFORE VOTE** MR. MACELROY- If I could just add a point of information, we have monitored the effluent from this system. I just most recently got the results; we would take samples of the effluent post septic tank and post pura-flow system to see the difference in a couple of significant parameters, DOD, total suspended solids and coli form. There are really vastly reduced in the results that we’ve gotten. So, through that treatment process it really does provide a more effective treatment and a better effluent that you’re putting in the ground. So, it works. RESOLUTION APPROVING JOHN AND SANDRA LAMBRECHTS’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 971 RESOLUTION NO.: BOH 20, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, John and Sandra Lambrechts applied to the Town of Queensbury Local Board of Health for a variance from Chapter 136 for modification of the Lambrechts’ existing wastewater system which will result in the addition of a third biofiltration peat module, with placement of such module to be within the existing dispersal field which will result in its installation being approximately seven feet (7’) from the property line instead of the required ten feet (10’) setback, on property located at 32 Russell Harris 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 conducted a public hearing concerning the th variance request on Monday, July 26, 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 variance, the Town of Queensbury Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of John and Sandra Lambrechts for a variance from the Sewage Disposal Ordinance for modification of the Lambrechts’ existing wastewater system which will result in the addition of a third biofiltration peat module, with placement of such module to be within the existing dispersal field which will result in REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 972 its installation being approximately seven feet (7’) from the property line instead of the required ten feet (10’) setback, on property located at 32 Russell Harris Road in the Town of Queensbury and bearing Tax Map No.: 239.08-1-4. th Duly adopted this 26 day of July, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 21, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 26th day of July, 2010 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING ENACTING LOCAL LAW PROHIBITING PARKING ON A PORTION OF THE SOUTH SIDE OF ASH DRIVE IN THE TOWN OF QUEENSBURY NOTICE SHOWN PUBLICATION DATE: JULY 16, 2010 SUPERVISOR STEC- This is pretty self explanatory. I know Councilman Metivier has been approached by, I believe, a property owner over there. It has been discussed off and on over the years and I know that our Highway Department also looked at the issue. It was recommended that the Board consider enacting no parking on the south side of Ash Drive so we set a public hearing a couple of weeks ago. This would, if we adopt the local law modification tonight, it would prohibit parking on the south side of Ash Drive. With that said if there are any members of the public that would like to address this public hearing. Yes Ma’am LINDA CLARK- I live on Benmost Bur Lane, which is at the very end of Ash Drive. First of all, a couple of issues regarding this; it’s very confusing to me as to why this area is being used as a public boat launch to start. I know it has something to do with the Town and something to do with the County and the fact that one doesn’t oversee the other or whatever the case may be. But, they’ve established some kind of public launch here, there are no facilities for bathroom, there are no facilities for parking, there are no facilities for trash. I have lived on this road since I was a child and the traffic along this road and the parking has become a nightmare. I’m really glad to REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 973 see that the Town or you have made the decision to come up with this law. However, I think it falls short a great deal and this is why, if you establish a no parking area along what you call the south side what is clearly going to happen since there is no parking area is that the people are going to park on the flip side of the road. If you know anything about this road it is an extremely dangerous curve. The side that these people are parking on now if you were to pick which side of the curve to park on would be actually the better side, but now you’re asking that they not park there. Not that that’s really a good side to park on in the first place. But it they park on the flip side it’s really going to be a nightmare and it’s only a matter of time where somebody will get seriously hurt. There are many occasions, there have been many occasions where people are pulling these boats off their cars, they have absolutely no clue they are pulling them off in a middle of a road on a curve no less. There have been many of times where I know many of us have come around that curve and whoa there’s a boat in the middle of the road. You don’t see it until you’re right on it. Besides the fact that I really have issue with the fact that we have established this public boat launch when there’s one right down the street. There’s been no care given as to how to take care of the public boat launch. I don’t ever remember a Town meeting discussing this established public boat launch. I really object to that strongly in the first place since there is right down the street already a public boat launch suitable for these kind of boats to be put into the water. If we are going to establish this parking I would like to see at minimum a no parking on the flip side of the road as well. I would like to see it set at the bike trail sign which is, and I’m a little confused because your markers indicate one thing and what’s written in this law is indicating, I think, something else. In this law it indicates that the bike trail or the no parking would start at the paved area of the bike trail and go I believe a hundred and thirty feet. The way they have it marked on the road its way up a above that paved area, so there’s still parking available in the curve, alright, and it’s a much shorter section that they have marked there so I’m a little confused as to now where all the signs are going to go but I would like to see, bottom line, I would like to see no parking on the whole curve on both sides; from Hillard’s property on the north side down to the bike trail side and then from that Canterbury Lane to the bike trail on the other side, taking care of that entire curve. COUNCILMAN MONTESI- Linda, can I ask you a couple of questions MS. CLARK- Yes COUNCILMAN MONTESI- One of the reasons that we have a problem on the south side is that that was paved so that when you came off the bike trail before you get to the next section of the bike trail it was paved so it was very convenient for people to park there and be off, as you say, the dangerous curve. The second thing is its, in my opinion, it’s not an official boat launch that’s there, there’s a little path that goes down and generally people that I’ve seen are caring canoes and kayaks into that area. It’s just a little path so in terms of official boat launch MS. CLARK- Well, it’s being advertised. COUNCILMAN MONTESI- Whose advertising it COUNCILMAN METIVIER- The County on one of their pamphlets has it as an official public MS. CLARK- The County is advertising it COUNCILMAN MONTESI- Really? I mean it’s a path COUNCILMAN METIVIER- It is a path MS. CLARK- But you know, it’s being advertised, people are seeing this, the increased usage is getting out COUNCILMAN METIVIER- I actually shot an email to Kate Johnson to see why that was there and if it could be removed from their publication COUNCILMAN MONTESI- I mean it’s even hard to carry a canoe into that little path COUNCILMAN METIVIER- The problem that we talked about on Saturday when I met with these folks is that the damage has been done. The people that already know that it’s there will REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 974 keep coming over there. You might stop some new people from showing up but the people that are using it are going to continue to use it. TOWN COUNSEL, ROBERT HAFNER- Who owns the property COUNCILMAN METIVIER- It’s the County COUNCILMAN MONTESI- It’s the County bikeway COUNCILMAN METIVIER- It’s a County bike path so they own the property, their advertising it, it’s a public facility COUNCILMAN MONTESI- As Rush Pond runs through Great Escape just before it goes into the Glen Lake, there’s a little bridge on the bike trail and right beside the bridge there’s a little path TOWN COUNSEL, HAFNER- Okay COUNCILMAN MONTESI- And folks like to go in there with a canoe because they can go back up towards Rush Pond. I’m not saying that’s the right thing to do but MS. CLARK- Well, you know the bizarre thing is that it is clearly beginning to erode or it was eroding because of all the traffic on that little path that you’re referring to. So, someone came out and put blacktop on top of that, right at the wetlands. I mean here we’re spending all this money trying to control weeds and keep things going at the Lake so that its good clean water and we have people putting blacktop in right at the wetland edge, going right down into the water. COUNCILMAN MONTESI- Maybe we should be checking with Recreations at the County SUPERVISOR STEC- It’s not a Town launch and I’ve never heard the County talk about it but I’ll ask COUNCILMAN METIVIER- Well they’re maintaining it, they’re just not maintaining it to a level that’s acceptable to the people who live there. But, they’re advertising it and they’re paving it and they need to follow through COUNCILMAN BREWER- How are they advertising it? COUNCILMAN MONTESI- I think Ms. Clark makes a great example here because if you park on the other side COUNCILMAN BREWER- Tony, how are they advertising this? COUNCILMAN METIVIER- In some publication, in some, I don’t know MS. CLARK- It’s in their Recreation publication program, I have seen it several times. COUNCILMAN STROUGH- Do they mean towards … SUPERVISOR STEC- I’m not sure, Tony COUNCILMAN METIVIER- I didn’t hear it? SUPERVISOR STEC- Where exactly do you COUNCILMAN METIVIER- When you are coming down Ash Drive SUPERVISOR STEC- Well, John’s going to show you a map. Paul Brown is the County Director of Parks and Recreation and I will ask him about all this tomorrow COUNCILMAN STROUGH- (not audible—stepped away from his microphone) REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 975 COUNCILMAN METIVIER- No, I know what you’re saying but COUNCILMAN STROUGH- … there’s the map COUNCILMAN METIVIER- It is south of the bike trail because your bike trail is running this way west, south; it is south of where the bike trail is COUNCILMAN STROUGH- Okay, but there’s north COUNCILMAN METIVIER- No, you’re not right; this is south going this way COUNCILMAN STROUGH- Well, I got this off COUNCILMAN METIVIER- Well, if you got it off there’s no Queensbury. They are talking right here (referring to map) so its south of that COUNCILMAN MONTESI- Personal joke folks, Google doesn’t show the Town of Queensbury on its map COUNCILMAN STROUGH- I’m not sure, that’s fine with me COUNCILMAN METIVIER- It is correct in the writing, it’s not correct on your map COUNCILMAN STROUGH- Alright MS. CLARK- So, if you could clarify also what the intent is in terms of the signs in this law. DEPUTY HIGHWAY SUPERINTENDENT, VANNESS- (Not audible- spoke from audience) MS. CLARK-I would appreciate that because it’s very confusing to where the spots were marked DEPUTY HIGHWAY SUPERINTENDENT- … MS. CLARK- So you started at Canterbury and then measured a hundred and thirty feet towards the bike trail DEPUTY HIGHWAY SUPERINTENDENT, VANNESS- … MS. CLARK- I know I shouldn’t be talking to the… right SUPERVISOR STEC- That’s what I was going to say but I didn’t want to interrupt you COUNCILMAN METIVIER- We talked about this the other day, it’s where the pavement ends and the parking apron starts MS. CLARK- Okay, where the pavement ends at the bike trail there COUNCILMAN METIVIVIER- Not the bike trail MS. CLARK- Oh COUNCILMAN METIVIER- Not the bike trail, past the bike trail. Forget about the bike trail. You know how that apron went along and it went past the bike trail MS. CLARK- Right, yes COUNCILMAN METIVIER- Right there SUPERVISOR STEC- At the end of that MS. CLARK- There wasn’t a white marker there REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 976 COUNCILMAN METIVIER- Well, there was when we left there so whether it got… we might have even put it on the dirt to be honest with you MS. CLARK- Oh, maybe it was on the dirt because we checked, we were very confused after you left COUNCILMAN METIVIER- I think we might have put it on the dirt. That would explain why it’s not there and I apologize to Paul because I sent Paul up there SUPERVISOR STEC- Looking for a white mark on the dirt, you sent him on a wild goose chase COUNCILMAN METIVIER- Anyway, right past the pavement, right there one hundred and thirty feet around the bend to the next driveway past Canterbury Lane MS. CLARK- Past Canterbury? COUNCILMAN METIVIER- Yes MS. CLARK- That’s good, that’s good, okay COUNCILMAN METIVIER- So, when we talked the other day we said that if we could mirror that on the other side MS. CLARK- Yes, exactly COUNCILMAN METIVIER- So we can keep all of the cars off from that curve for now. Can we add that to the resolution? SUPERVISOR STEC- Yeah, I mean, you know, it’s your resolution COUNCILMAN BREWER- Yeah, but is it advertised as such? SUPERVISOR STEC- No, I was going to say, Bob, correct me if I’m wrong TOWN COUNSEL, HAFNER- The question is if it’s a significant change, whether it be SUPERVISOR STEC- Do you think it is? I don’t think it is TOWN COUNSEL, HAFNER- The Town Board gets to make that decision SUPERVISOR STEC- I don’t think it’s that significant TOWN COUNSEL, HAFNER- If you don’t think it’s significant COUNCILMAN METIVIER- What we need to talk about, some other people have to come up, is on both sides of the road keep cars off the curve SUPERVISOR STEC- On both sides of the road COUNCILMAN METIVIER- And then we see where that leaves the parking, is it going to be … north or is it going to be to the south SUPERVISOR STEC- Well, we’ll take some more public comment. I’m going to guess that there’s others that are going to say that we like it on both sides of the road. I don’t think it’s that big of a deal to change both sides, what we’ve described on both sides of the road MS. CLARK- Okay SUPERVISOR STEC- I think it’s probably reasonable but we’ll take some more public comment. Do you have any more Linda? MS. CLARK- No, no, I’m all set, I appreciate it, thank you REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 977 SUPERVISOR STEC- You’re welcome, thank you TOWN COUNSEL, HAFNER- And again, the purpose of public comment is that so the Town Board can find things and fine tune it and make it more appropriate. So this is exactly why you’d have public comment SUPERVISOR STEC- Lorraine, good evening. Did you follow all that because I think we’re all confused because Google doesn’t have Queensbury on the map LORRAINE STEIN- Good evening, no I did, I followed it. I’m Lorraine Stein, I live on 86 Ash Drive. I do want to make one comment about, I know we are not talking about the canoe access but let me make one quick comment about that before I read my, I want to read my statement so I can make sure I hit all my points. It’s a bike path; it’s not a canoe path. So anybody who’s on the County, or has to deal with the County that’s what it is SUPERVISOR STEC- I’m going to ask Paul Brown about that tomorrow. I’ve never heard them talk about this in their Parks and Recs. discussion MS. STEIN- Oh, it’s been a problem every since we’ve moved to Ash Drive seventeen years ago SUPERVISOR STEC- Then again, I don’t know if their spending a lot of money on this or not but in my seven years on the County Board I can’t recall any Parks and Rec. discussion at the County where they’ve talked about this launch, whatever it is. But I’ll ask about it and maybe it is something that they’ve been kind of loosely keeping tabs and taking care of and MS. STEIN- Okay, so what I want to say is that I agree that there is an issue with the parking on Ash Drive. No doubt, it’s been an issue since I’ve moved onto Ash Drive. I do not agree with only a portion of Ash Drive designated as no parking. Since nowhere on Ash Drive is a safe place to park. For a small dead end street Ash Drive is a very busy road not only due to the County access but just beyond my home is an apartment house with seven units and another multi-family complex with many residents, in addition to all the single family homes. Due to the busy nature of the street and the fact that the road only accommodates the width of two vehicles, a car in each direction, I believe the entire street is unsafe to park. The street is not a parking lot. It was not constructed to accommodate parking. All residents along Ash Drive have driveways and parking areas sufficient for their parking needs. Also by portioning a section of Ash Drive as no parking this will only push people to park closer to and on the residential area of the road; continuing to create a hazardous situation. It is dangerous to have to maneuver around a car parked entirely on or partially on the road into the oncoming lane and it makes it difficult to see oncoming traffic when I’m exiting my driveway; because there have been times when people are parked up by my house. It also creates further safety concerns since emergency vehicles need to be able to access the entire road in a safe manner. Parking on Ash Drive prevents any larger emergency vehicles such as ambulances, fire trucks, plows, etc. in addition to the mail carrier, the school bus and other service vehicles such as trash removal trucks, construction etc. from safely maneuvering the street. I’m also concerned about loitering, trash and potential crime being that everything is going to be pushed up into the residential area. Currently, there are trash issues along the section of the road that is used by non residents and loitering issues. I do not believe this proposal will eliminate the larger problem and would like to see the Town arrive at permanent fix not a temporary band aid. COUNCILMAN STROUGH- Well, Lorriane they are saying no parking south side MS. STEIN- Yep COUNCILMAN STROUGH- Ash Drive but in our instructions they’re saying to the south of the bike trail entry. Don’t they mean to the north MS. STEIN- No COUNCILMAN METIVIER- No, John they really don’t, it’s to the south. If you don’t get it, I will bring you up there and show you. If you are standing on Ash Drive REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 978 MS. STEIN- You know where the, you know where it crosses over, before it crosses over Ash Drive, it’s just before that. COUNCILMAN STROUGH- (referring to map with Ms. Stein) here’s Ash Drive, here’s the bike trial MS. STEIN- Yep, here’s Canterbury. It’s this side COUNCILMAN STROUGH- To the north of the bike trail MS. STEIN- No this is the south TOWN COUNSEL, HAFNER- Tony, I’m not familiar with the geography, would it be easier to have from the bike trail to just north of the next road. I mean have something that doesn’t COUNCILMAN METIVIER- It’s correctly written in the resolution COUNCILMAN STROUGH- This is south MS. STEIN- Yep COUNCILMAN STROUGH- We’re talking Ash Drive here MS. STEIN- It goes like that, Canterbury COUNCILMAN STROUGH- Ash Drive MS. STEIN- It’s this side, it’s this side TOWN COUNSEL, HAFNER- I’m just trying to come up with an alternative way to say the same word SUPERVISOR STEC- Where it says, everywhere, I’m thinking everywhere it says south side we could just change it to either side. TOWN COUNSEL, HAFNER- Yeah, either side makes it no problem SUPRVISOR STEC- I found it several places, I quickly looked for all of them COUNCILMAN STROUGH- But you see the way this is, it goes to the north side. See where the bike trail enters Ash Drive MS. STEIN- Yep COUNCILMAN STROUGH- Alright, we’re right there. There’s where the bike trail comes into Ash Drive. Are you talking about the northern part here? This is north this way MS. STEIN- No because it’s over here actually COUNCILMAN STROUGH- So you’re talking southern part MS. STEIN- I believe so COUNCILMAN BREWER- That’s what we’ve been trying to tell you for ten minutes COUNCILMAN STROUGH- Yeah, we were talking towards Canterbury Drive MS. STEIN- Right, right, right, where it bends around where Canterbury COUNCILMAN STROUGH- Where the pull off is MS. STEIN- Yeah, that’s where it is REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 979 COUNCILMAN STROUGH- … that area and north COUNCILMAN METIVIER- I think unless we can come to an agreement here what we should do is maybe table this, talk to Paul Brown, decide what they want to do on the County level COUNCILMAN MONTESI- I think that’s what I would do COUNCILMAN METIVIER- This was a simple thing. Somebody came to me and said there’s been issues with the parking, I can’t get out of my driveway, it’s dangerous on the curve … MS. STEIN- And I agree with that, it’s dangerous. I think it’s dangerous for almost everyone that has to drive that road. It’s a busy road as you know, it’s such a small road, you wouldn’t think it was that busy. COUNCILMAN METIVIER- But our intension was to try to get cars off the road. We didn’t want to push the cars up… But as we know people are going to park and it will ultimately end up somewhere else. I didn’t honestly think it would end up to the south of that. I thought it would move more north where that grass area was, the pull off where cars would go SUPERVISOR STEC- I’m sorry, this is your dime COUNCILMAN MONTESI- I think we ought to table this SUPERVISOR STEC- I don’t COUNCILMAN MONTESI- And go and take a look at this and also check with the County SUPERVISOR STEC- We don’t, well, I don’t know what the County is going to be able to do for us, I mean it’s our parking decision. Let’s take some more public comment. Yes, sir. I think half the people are here for this tonight. So, let’s hear them out and so far I’ve heard two people say good start but how about both sides of the road. I think that’s a relatively easy change. But, maybe others with disagree. JAMES POLUNCI- 74 Ash Drive. I’ve got the solution, it’s a dead end street, make it a one way road. My wife will kill me for saying that. I live on 74 Ash Drive and there are two white marks there that are placed near the road and they are about one hundred and thirty feet apart. My house, past Canterbury Drive there’s the Miller property which is a vacant lot and I’m the first house on the street and I have a long driveway going down to the road. As it is, when I pull in and out of my driveway you have to kind of come like at an angle onto the street and it’s forty feet from your white mark, your last white mark where you would have no parking to my driveway, which would be an area which would accommodate two cars, two car lengths, approximately two car lengths. I would have the same problem pulling out onto Ash Drive as they would if two cars were there as they would coming out of Canterbury Lane. It’s less than a hundred feet to the curve coming around as it is now without any cars there. I have to kind of be focused when I pull out of that driveway because cars zip around the curve and actually sometimes because it’s going around a curve they appear to be going faster than they actually do. That would create a real problem for me because I literally, if I had a car that was up near my driveway parking I literally would have to pull into the other lane to make the swing to get into my driveway. So, that actually presents a problem for me, getting into my driveway. Okay, thank you SUPERVISOR STEC- Alright, thank you sir MR. POLUNCI- I was only kidding about the one way street COUNCILMAN METIVIER- It’s on record though SUPERVISOR STEC- Is there anyone else that would like to address this public hearing tonight? Yes, Ma’am REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 980 AMANDA DIEFFENBACH- I live at 84 Ash Drive. I also was at Ash Drive when we were discussing it with Mr. Metivier. Whether its south, north I’m not sure exactly which direction it is but if you’re coming down Ash Drive towards the bike trail when you come off the bike trail and Ash Drive takes a pretty steep ninety degree, we’re not talking a corner, we’re talking a severe bend, it’s like a ninety degree turn. That area has the tarmac, the road, kind of extending a little bit onto the corner, I would like to see that the no parking start either a little before on the black top or right at it and go all the way to Mr. Polunci’s property just to keep it all the way around COUNCILMAN MONTESI- Both sides? MS. DIEFFENBACH- Both sides, just continue it all around because if you are going to put parking on one section of it on the Canterbury side and then on the other you are going to encourage someone to move somewhere along that corner. As I said, the corner is a ninety degree. If you’ve driven on it you have to take a really sharp turn. That’s what I would like to see. On the opposite side to discourage people from not parking on that side of the corner they would probably park on the other side. I would like to see that side no parking also. Pretty much when all of the one side is full of cars, the overflow goes onto the other side of the street onto the corner. That becomes tremendously dangerous on both sides, especially when you’re trying to navigate through and a school is coming at you, or somebody is pulling off a canoe, a kayak on the other side of the road. The other thing that I am concerned about when we’re talking boat launch, boat access a lot of people do use that to put their canoes, kayaks in. Of late, we have seen people carrying metal boat and somebody else carrying a motor, so they are actually expanding the type of boats, canoes, kayaks that are going on there. Seeing one of those coming around the corner when somebody’s walking across the road is concerning. The other thing is the bike trail has signs up saying no dogs, no motorized vehicles, no… I can’t think of all the things it’s excludes from it. Well, somebody trying to get onto this access is carrying a canoe, a kayak a long way on that bike trail; you’re saying dogs are a hazard, so they’re not allowed on it. If that’s a reason or other hazards to the bikers there’s nowhere for a bike to go on that stretch going from the road to that access, you’ve got to navigate around a boat COUNCILMAN MONTESI- And telephone poles MS. DIEFFENBACH- And telephone poles, and it’s a matter of time before someone gets injured, that’s a County issue. The launch access as it is, it’s a steep, probably about this high and it goes straight down. I’m waiting to hear sirens of somebody going down with their boat and clocking the back of their head when their sliding down that hill. COUNCILMAN MONTESI- It’s got to be difficult to get a boat in there. MS. DIEFFENBACH- You see it happen, I don’t know how they do it but it’s a matter of time before someone gets injured. If they want to do that and get hurt but, it does seem to be perceived as a boat launch more than a bike access. The parking has increased more with noticeably more canoes and kayaks in that kind of stuff. I think if it was just used by bikers we wouldn’t be seeing, you’re seeing bikers, fisherman and the canoes and kayaks and boats that go in there. So, we’ve got three different people that are using it and it has increased in the amount of people that are using it and the cars being parked there. As far as the whole of Ash Drive I wouldn’t advocate for that at this time. I don’t feel that is at this time necessary I think it will push them where they won’t even go up to the boat access, they’ll actually park before they even get up to, I used boat access, bike trail, I think they would park before; there’s a grassy area to the right when you’re pulling up before the area that we’re talking about. I’ve seen people pull in; in fact, the day that we were standing there cars were just pulling in there. I know it’s not essentially as safe as you’d probably like it to be because you do have to cross over the actual bike trail to park there but I think if you’re weighing out two options, people parking on a corner verses parking in an area where it is visible to see other cars and bikers, it’s the lesser of two evils. If it did come to an issue where people were parking further up than obviously we would bring it back to your attention. COUNCILMAN STROUGH- So what I’m hearing is no parking both sides for about a hundred and thirty feet. Since there’s a problem with this north south I think we could agree to the westward side of the bike trail. Yes, Okay. I think we all now know even know the verbal REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 981 description may not be appropriate, I think we know what you’re talking about. Using the westward side of the bike trail I think everyone’s clear on that. MR. POLUNCI- It would be more like a hundred and seventy feet or a hundred and eighty feet. It’s like forty feet from where it’s marked out now from my driveway. So it would be more like a hundred and eighty feet. MS. DIEFFENBACH- And then on the opposite side COUNCILMAN STROUGH- Both sides MS. DIEFFENBACH- I believe it would be the Hillard property all the way around the corner. It extends, I think there’s a sign that has a bike warning pretty much all the way around there. There is a little turnaround on the other side of the road. Naturally, what has happened as people have driven through there so they’ve made a little natural kind u-turn. There’s the other issue that was concerning if people were still parking there, they are doing three point turns on a corner. COUNCILMAN METIVIER- I hope you noticed that I didn’t do that the other day MS. DIEFFENBACH- Thank you SUPERVISOR STEC- Is there anyone else that would like to comment on this public hearing? Paul, shed some clarity Paul PAUL DERBY- 86 Ash Drive. I have a question or clarification first. Are people allowed to park cars on the pavement of Ash Drive? COUNCILMAN METIVIER- I don’t know COUNCILMAN BREWER- The Deputy Highway Superintendent is here. He would probably answer that SUPERVISOR STEC- They plead down a lot of V & T to parking on the pavement. So to me that says it must not be allowed. COUNCILMAN STROUGH- The Assistant Superintendent says no SUPERVISOR STEC- No their not, so you’re supposed to be off the pavement, yes MR. DERBY- Okay. I mean if that’s the case than I think it solves a lot of the issues SUPERVISOR STEC- Just have a patrol officer come through and start writing a bunch of tickets MR. DERBY- Right. I mean we want people to move off of the road and if you’re parked south of west or actually its east of where they are now you’d have to be parked on the road for that. I think my opinion is that we really need to involve the County in this because the County is sort of the problem. The County has this advertised launch here; they allow fishing on the bridge. We know that it is very congested and crowded in there and we get a lot of people parked in that area. My solution for the County is that people have talked about that grassy area to the south or the west of the bike path along that portion, there’s room for seven, eight, maybe even ten vehicles in there. But, so I think there are ways to get cars off of the road. That corner we all agree is terrible, so you have people there and you have canoes coming out and it’s hard to even get off the road there. So, if we could put the no parking in there. If you’re not allowed to park on the pavement then the other issues up farther really aren’t issues and then somehow get the County to take responsibility if they want to retain that, if they gave it up I think we’d be happy. But if they wanted to retain that to designate parking don’t black top it please. Don’t black top that but have some kind of parking there, I think it would be helpful. The other, just to comment you can get into Glen Lake fen from the Town launch. It goes under the Canterbury bridge and under the two bridges. So, that’s not a problem getting rid of that. SUPERVISOR STEC- Alright, thanks Paul REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 982 MR. DERBY- Yep SUPERVISOR STEC- Anyone else like to address the Board this evening on this public hearing? Alright, Tony what would you recommend that we do at this juncture COUNCILMAN METIVIER- Well, we all talked the other day. We need to fix the problem of the corner and I thought we were in agreement that if we could make both sides no parking, see what happens. It doesn’t have to be permanent but we are not looking at a temporary fix here we are looking at a solution. So, if we could try that, if everybody’s in agreement both sides of the curve no parking SUPERVISOR STEC- If we can adequately describe what section of the road we think we’re all talking about, I think that that’s a good idea. COUNCILMAN METIVIER- Let’s see but at the same time let’s get on the phone with the County SUPERVISOR STEC- And I think I may have said Paul Brown, but Paul Butler. Tomorrow there’s a DPW Committee Meeting at nine thirty at the County and I’m not sure if Parks and Rec. is on the agenda for tomorrow or not but I will bring it up to the Superintendent COUNCILMAN METIVIER- I think not only should they stop advertising that it’s a boat launch but actually take it a step further and say no boats permitted and try to get, I mean it is dangerous. If you are riding your bike through there the fisherman won’t get out of your way SUPERVISOR STEC- I know I’m using what the Post Star will say one day when somebody walks by and sees a no boating sign on the bike trail. It’s just a, see those idiots did it again. Thanks COUNCILMAN BREWER- So, what do you want to do? You want to pull this until we talk to the County? SUPERVISOR STEC- No, that’s a separate issue COUNCILMAN METIVIER- Do you want to pull this or are you going to want to make the change tonight SUPERVISOR STEC- I think we can make it both sides tonight COUNCILMAN MONTESI- Because some of the folks said a hundred and eighty feet or a hundred and seventy feet COUNCILMAN METIVIER- Well, do we have to go back out and measure that SUPERVISOR STEC- No, well all we have to do is describe it, right Bob? TOWN COUNSEL, HAFNER- We have to describe it SUPERVISOR STEC- Okay, so from where to where, north, south, east or west TOWN COUNSEL, HAFNER- But then you live with the description COUNCILMAN MONTESI- Well, I mean there was a driveway we talked about SUPERVISOR STEC- Just make all of it, both sides of Ash Drive no parking, the whole length of it. The sign companies will love us; the Highway Superintendent will curse us. But I’m confused every since Google refused to recognized the existence of the Town of Queensbury COUNCILMAN BREWER- We’ve got to have some sort of landmark COUNCILMAN STROUGH- Is it that part of the road that the bike trail uses to connect to REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 983 MR. DERBY- No, no, the bike trail goes COUNCILMAN STROUGH- Here’s the bike trail coming into Ash Drive SUPERVISOR STEC- From the intersection to Canterbury TOWN COUNSEL, HAFNER- Tony, if there’s this much confusion among the five of you, I think getting some other description and come back in two weeks COUNCILMAN METIVIER- Okay TOWN COUNSEL, HAFNER- You know, and come up with a description SUPERVISOR STEC- Or in one week, one week TOWN COUNSEL, HAFNER- Oh, you’ve got a meeting next Monday, yes. COUNCILMAN METIVIER- Alright, let’s do that TOWN COUNSEL, HAFNER- And you can do it from this parcel, which has a number, from the edge of one parcel to the edge of another on both sides. SUPERVISOR STEC- Alright, what I think is evolving here TOWN COUNSEL, HAFNER- Describe it based on current SUPERVISOR STEC- Is that we are likely to close this public hearing, I haven’t closed it yet, likely to close this public hearing and then give Tony and the Highway Superintendent, mostly Tony, marching orders to go out there and figure out exactly what the description is that we’re going to want to use on both sides of the road and then come back a week from tonight, because nd we have a regular Town Board Meeting on August 2, a week from tonight and act on it so long as we don’t drastically change it, I think that what we’re talking about tonight, I think that everyone that probably is concerned about this is in the room; so I think that we’ve got belts and suspenders here. So, that would be what I think we should do is close the public hearing, go back out and get a description that matches what we’ve been talking about here tonight, both sides of the road, come back and act on it next week. Does that seem like a reasonable plan? COUNCILMAN STROUGH- Yes, sounds good SUPERVISOR STEC- With that said is there anyone else that wants to comment on this public hearing before I close it. MR. DERBY- I would just add, and it’s probably your intension that the County gets talked to SUPERVISOR STEC- That’s not our part of our local law but as I said at least three times before in the last twenty minutes, I will talk to the County about it. MR. DERBY- Okay, thank you TOWN COUNSEL, HAFNER- To go back to the question about whether you’re allowed to park, you’re not allowed to park in a road. If that was the question, within the black top it’s the road SUPERVISOR STEC- I’ll be, I’ve got a strong suspicion that there won’t be a lot of patrol cars sent over to write tickets for parking on the pavement but I could be wrong. I don’t want to speak for the Sheriff and I’m not being critical of the Sheriff I’m just thinking that our patrols have other things to do besides write parking tickets for parking on the pavement. TOWN COUNSEL, HAFNER- But if you’re blocking a road that’s a safety thing that their very concerned about. REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 984 SUPERVISOR STEC- Well, I’ll mention it to the Sheriff that it’s a concern. The fact of the matter is that he’s got limited resources and a big County to cover. He’ll do this for about a week and then he’s going to want us to come up with the solution, us being either the Town Board or the County Board as far as signage and closing down boat launches; which might be, in fact, the right thing to do. I’ll bring it up to the County manana, bilingual here at the Town of Queensbury, for those who are keeping score at home. Alright, I’ll close this public hearing, Tony will personally rewrite this resolution. I’ll ask Town Counsel to send Tony a word document. RESOLUTION TO ENACT LOCAL LAW PROHIBITING PARKING ON A PORTION OF THE SOUTH SIDE OF ASH DRIVE IN THE TOWN OF QUEENSBURY RESOLUTION NO.: INTRODUCED BY: **NO ACTION TAKEN** WHO MOVED ITS ADOPTION SECONDED BY: 3.0 PRIVELEGE OF THE FLOOR (LIMIT- 4 MINUTES) JIM ROUND- Spoke to the Board regarding construction on the parcel between Dixon Road and the Northway. Two years ago the Hayes Brothers were trying to build thirteen private homes there. The Planning Board did not pass this project. SUPERVISOR STEC- Explained that building permits were issued in that zone back in March or April. COUNCILMAN STROUGH- The developer wants to put seven duplexes, which is fourteen units on an eight acre parcel that he owns. He got building permits for all seven buildings. A duplex is listed as an allowed use in neighborhood residential. Although this was permitted, it is not was the Board intended. We have the attorneys looking this over, it could be challenged. MR. ROUND- The Town has proposed no building within five hundred feet of the Northway SUPERVISOR STEC- It’s not in the code yet but that’s what we’ve been talking about MR. ROUND- This is sixty feet from the Northway. They are building on the front third of the lot. What happens if the five hundred foot setback goes through? SUPERVISOR STEC- He’s got a density calculation that he has almost maxed out. COUNCILMAN MONTESI- This area is marshy partly due to the Northway. When the developer came in and proposed only to use the front half it eliminated some of the concerns of the neighbors along Pershing. SUPERVISOR STEC- Where we’re heading in the future as we’re working on the Zoning Code the Board is likely to change that to a permitted use to one that does require site plan review. Due to timing it may be too late to impact this particular development. MR. ROUND- Neighborhood concern is potential water issues. A lot of those homes in there don’t have basements. There is nowhere for the water to go. REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 985 CAROL LAPOINTE- Also spoke to the Board regarding the construction around Dixon Road. Referred to a letter from 1976 regarding water problems in that area, showing that this is not a new issue. Questioned why this was done and if employees followed proper procedures. COUNCILMAN METIVIER- Explained that with the new zoning this was permitted. MS. LAPOINTE- Is this going to be rental property or are they going to sell it COUNCILMAN STROUGH- Rental SUPERVISOR STEC- They own all the units MS. LAPOINTE- Asked to be kept informed on this subject. TAMMY SULLIVAN- Received a message from Councilman Montesi informing her that they are moving forward with the Homer Avenue drainage project. SUPERVISOR STEC- We have a signed agreement from the owners of Tire Warehouse. We also have a resolution tonight which authorizes me to sign the agreement with the other three parties involved, establishes capital project and gets us out to bid. The other two properties have indicated their willingness to sign but they needed to wait for all the easements so we can do it all at once. We don’t expect issues with their signatures and we should have them this week. We should have them this week Bob, is that a reasonable request? TOWN COUNSEL, HAFNER- That is the hope. Tire Warehouse signed the agreement. We could not finalize the easements that are necessary until we finalize the agreement because the easement is the location of where the work is going to be, part of the negotiation had a move of the location. Once that was finalized and we had an agreement we had the surveyor prepare the descriptions and we promptly got out easements to everybody. Mr. McCall did sign the agreement. We have talked to the attorney for Time Warner and he’s reviewed everything and he has sent the documents to his official for signature and he said he would get them back to us. Minogue’s Attorney and owners have worked with us and worked with the documents and we expect them to be signing them also. SUPERVISOR STEC- Once we’ve have a signed agreement and signed easements, which we expect to have this week then the Town and mother nature have much greater control over the time line from here forward. It was a matter of getting everyone’s signatures that we needed and after that we essentially can take over the process and manage it. We should be on track for getting it done before the winter. MS. SULLIVAN- Did Tire Warehouse sign the easement? SUPERVISOR STEC- They haven’t been presented the easement yet. TOWN COUNSEL, HAFNER- They have been presented the easement. They were given the agreement first because once they agreed to sign the agreement and we got a fax of that we could finalize the easements. We need to have a description. We’ve had different locations and you have to make sure the documents drafted for the right location. MS. SULLIVAN- So it’s in their possession to be signed SUPERVISOR STEC- Yes, the agreement is signed the easements they have just received and they need to sign them as well as do the other two properties have to sign the agreement and the easements. MS. SULLIVAN- You expect all that to happen this week and out to bid SUPERVISOR STEC- As quickly as, hopefully by the middle of August it will be out to bid. I don’t know how long they will leave it out to bid to give people a chance to respond to it. I would hope that by late September we’re awarding a bid and then hopefully the work will take place in October, is my guess. MS. SULLIVAN- I do appreciate the efforts of those involved and we’ll see how it goes. REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 986 TOWN COUNSEL, HAFNER- We will keep the Supervisor and Councilman Montesi fully informed and once we get all of the easements and documents we spread that news very quickly and they can share it with you. SUPERVISOR STEC- Thank you, Tammy, for your patience. JOHN SALVADOR- th ? Spoke regarding the Town’s Planning Board public hearing of July 20 concerning site plan review for the Dunhams Bay Resort’s proposed outside patio banquet area. There have been five outside banquet affairs since this Board approved the use of port-a-jons with no evidence of port-a-jons being used. ? Spoke of a letter he submitted to the Zoning Administrator concerning parking. Town Board Members should have received a copy of this letter in their mailboxes today. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING PROMOTION OF PETER SMITH FROM MOTOR EQUIPMENT OPERATOR TO WORKING FOREMAN IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 261, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Highway Superintendent has recommended that the Town Board authorize the promotion of Peter Smith from Motor Equipment Operator to Working Foreman in the Town’s Highway Department as Mr. Smith has met the qualifications and has the required job experience for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Peter Smith from Motor Equipment Operator to Working Foreman effective on or about July th 27, 2010 at the rate of pay specified in the Town’s CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 987 th Duly adopted this 26 day of July, 2010 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING EXTENSIONS OF EMPLOYMENT TERMS FOR TWO (2) TEMPORARY, SEASONAL LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 262, 2010 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 170,2010, the Queensbury Town Board authorized the hiring of James Huntley and Cody Gebo to work as temporary, seasonal Laborers to work rd approximately 16 weeks for the Town Highway Department commencing on or about May 3, 2010, and WHEREAS, the Town Highway Superintendent has requested that the Town Board authorize extensions of the terms of employment for such temporary, seasonal Laborers so that they th may work through November 19, 2010, and WHEREAS, funds for such positions are budgeted for in the 2010 Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees’ relatives, and James Huntley is the stepson of Tom VanNess, Deputy Highway Superintendent and Cody Gebo is the son of William Gebo, a Mechanic in the Town’s Highway Department and Connie Gebo, a Senior Account Clerk in the Town’s Accounting Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes extensions of the terms of employment for James Huntley and Cody Gebo to work as temporary, seasonal Laborers through th November 19, 2010, at the same terms as set forth in Resolution No.: 170,2010, and REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 988 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway 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 26 day of July, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SHAUN HAZLITT AS TEMPORARY, SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 263, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Cemetery Superintendent and Cemetery Commission have requested Town Board authorization to hire Shaun Hazlitt as a Temporary, Seasonal Laborer to work under the direct supervision of the Town’s Cemetery Superintendent, such employment proposed to th commence on or about July 27, 2010, for paid hours totaling no more than a total of 189.5 (the number of hours remaining in the Cemetery Budget for summer help), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Shaun Hazlitt as a Temporary, Seasonal Laborer under the direct supervision of the Town Cemetery Superintendent, for paid hours totaling no more than a total of 189.5 hours, 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 07-26-2010 MTG #28 989 RESOLVED, that such Temporary, Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 56,2010 and payment shall be paid from the Account No.: 002-8810-1010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT WITH SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ADMINISTRATIVE AND PROGRAM IMPLEMENTATION ASSISTANCE IN CONNECTION WITH $400,000 IN GRANT FUNDS RECEIVED FROM NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL RESOLUTION NO.: 264, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 110,2007 the Queensbury Town Board authorized submission of an application to the New York State Division of Housing and Community Renewal (DHCR), and WHEREAS, the grant application was submitted and the Town was awarded a grant in the amount of $400,000 from the New York State Division of Housing and Community Renewal, such funds to be used for housing rehabilitation, and WHEREAS, by Resolution No.: 424,2007 the Queensbury Town Board authorized engagement of Shelter Planning & Development to provide administrative and program implementation services in connection with this grant award, and REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 990 WHEREAS, by Resolution No.: 110, 2007 the Queensbury Town Board authorized submission of an application to the New York State Division of Housing and Community Renewal (DHCR), and WHEREAS, at the January 4, 2010 workshop meeting, the Town Board discussed amending the agreement with Shelter Planning & Development, Inc. for provision of the Year 2007 program implementation and administration services, and a proposed Contract Amendment for Professional Services between the Town and Shelter Planning is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the proposed amendment to the Contract for Professional Services of Shelter Planning & Development, Inc., dated July 2010 for provision of Year 2007 HOME program implementation and administration assistance services in connection with grant monies received by the Town of Queensbury referenced in the preambles of this Resolution and as set forth in the Contract for Professional Services, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the costs for Shelter Planning’s services shall not exceed the fixed fee of Thirty-One Thousand and 00/100 dollars ($31,000.00) for such program implementation and administration, plus an amount not to exceed Forty-Four Thousand and 00/100 dollars ($44,000.00) for project-related implementation services for each housing unit rehabilitated under the Program, as specifically delineated in the Contract, and BE IT FURTHER, RESOLVED, that payment for these expenses shall be paid from the Town’s 2007 HOME Program Grant funding from the New York State Division of Housing and Community Renewal, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Contract between the Town and Shelter Planning substantially in the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 991 RESOLVED, that the Town Board further authorizes the Town Supervisor, Senior Planner and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 26 day of July, 2010 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT AND HILAND PARK SANITARY SEWER DISTRICT RESOLUTION NO.: 265, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination “shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the district”; and WHEREAS, the Central Queensbury Quaker Road Sewer District (“CQQRSD”) was duly established by the Town Board and constructed in late 1980 to serve the business area of Quaker Road, Aviation Road, Route 9 and Bay Road area and has added 12 District extensions over the years, and WHEREAS, the Hiland Park Sanitary Sewer District (“HPSSD”) was duly established by the Queensbury Town Board and constructed in early 1990 by developer Gary Bowen to serve the Hiland Park PUD and has added two district extensions, Adirondack Community College and Willowbrook apartments, over the years, and WHEREAS, the Queensbury Town Board is the body responsible for the administration of all its sewer districts, including the CQQRSD and the HPSSD, and WHEREAS, the Town Wastewater Director has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the CQQRSD and the HPSSD into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 992 by avoiding duplication in administrative services, and WHEREAS, the Queensbury Town Board is the governing entity for each of the Districts (the local government entities), so the statutory requirement for a joint Resolution is hereby ratified by a single Resolution by the Queensbury Town Board action on behalf of each District, and WHEREAS, New York General Municipal Law Article 17-A requires, by joint Resolution, the local government entities to endorse a Consolidation Agreement to commence proceedings to consolidate Districts; and WHEREAS, Town Counsel and the Town Wastewater Director have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review; NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby endorses the proposed Consolidation Agreement. 2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at th the Queensbury Activities Center, 742 Bay Road, Queensbury on Monday, September 13, 2010 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other and further action as may be required or authorized by law. 3. The Town Board hereby authorizes and directs the Queensbury Town Clerk and the Technology Coordinator, as appropriate, to: (a) cause a copy and a summary of the Agreement to be displayed and readily accessible to the public for inspection in a public place within each District; (b) cause a copy and a summary of the Agreement and a reference to the public place where they may be examined to be displayed on the Town’s website; and (c) arrange for the summary of the Agreement and a reference to the public place where they may be examined to be published at least once each week for four successive weeks in the Post Star, not more than five business days after adoption of this Resolution, as required by the New York General Municipal Law. 4. The Town Board further authorizes and directs the Queensbury Town Clerk and the Technology Coordinator, as appropriate, to cause a Notice of the Public Hearing, including a summary of the Agreement and a reference to the public place where it may be examined, to be REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 993 published and displayed on the Town’s website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law. 5. The Town Board directs and authorizes the Town Supervisor, the Town Wastewater Superintendent, the Town Clerk and the Technology Coordinator to take all actions necessary to effectuate this Resolution. th Duly adopted this 26 day of July, 2010 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $255,000 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF SITE REMEDIATION; AND AUTHORIZING THE ISSUANCE OF UP TO $255,000 BOND ANTICIPATION NOTES OF THE TOWN FOR THE SAME PURPOSE RESOLUTION NO.: 266, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in 2009 the Town of Queensbury (the "Town") replaced an oil-water separator at its Highway Garage site; and WHEREAS, test pit examinations have shown that the old oil-water separator caused contamination of some surrounding soils which must be remediated; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution (the “Bond Resolution”) are to be issued is the cleaning, removal and disposal of remaining system components and excavation and off-site disposal of contaminated soil in the vicinity of the discontinued oil-water separator in compliance with USEPA rules and regulations, including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of Two Hundred Fifty-Five Thousand and 00/100 Dollars ($255,000.00). REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 994 Section 2. The plan for the financing of such maximum estimated cost is the issuance of up to $255,000 serial bonds and/or bond anticipation notes of the Town, hereby authorized to be issued pursuant to the Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date of adoption of this Bond Resolution. The Town may submit applications for grants and/or low interest loans and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107.00(d)(5) and (9), a down payment from current funds is not required. Section 3. It is hereby determined that the period of probable usefulness of the specific object or purpose is five (5) years, pursuant to Section 11(a)(35) of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five (5) years. Section 4. This Bond Resolution is not subject to permissive referendum pursuant to Local Finance Law Section 35.00(b)(1)(1). Section 5. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 6. For the purpose of paying the cost of the Project, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $255,000 the maximum maturity of which shall not exceed the five (5)year period of probable usefulness set forth above and which shall mature on or before such date as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 7. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $255,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 8. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 9. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 995 authorized renewal notes. These bond anticipation notes will not be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 10. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual or facsimile signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual or facsimile signature. If executed by facsimile signature, such obligation shall be authenticated by the manual countersignature of the Town Supervisor or a designated fiscal agent. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 11. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 12. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes, and whether fixed or variable. The Town Board authorizes the Chief Fiscal Officer to establish substantially level annual debt service for the repayment of the Bonds if he believes it is in the best interests of the Town. The Town Board authorizes the Chief Fiscal Officer to issue such serial bonds in the form a statutory installment bond. Section 13. If issued, the bonds and/or notes shall be in registered form, and shall bear interest at the determined rate. Section 14. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 996 Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 15. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 16. The Town of Queensbury is a town wholly or partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 17. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. This Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. This Resolution shall take effect immediately. Section 21. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: th Duly adopted this 26 day of July, 2010 by the following vote: REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 997 AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $450,000 SERIAL BONDS OF THE TOWN OF QUEENSBURY TO PAY THE COST OF CLOSURE AND REPLACEMENT OF FUEL STORAGE TANKS; AND AUTHORIZING THE ISSUANCE OF UP TO $450,000 BOND ANTICIPATION NOTES OF THE TOWN FOR THE SAME PURPOSE RESOLUTION NO.: 267, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s existing fiberglass reinforced plastic (“FRP”) underground fuel storage tanks were installed in approximately 1985, and WHEREAS, the age of the tanks and the tendency of new alcohol additive fuels to reduce FRP tank life expectancy increase the risk of leakage from the tanks, and WHEREAS, the U.S. Environmental Protection Agency (“USEPA”) determined that the existing tanks are in violation of federal Underground Storage Tank regulations, and WHEREAS, the USEPA has proposed an Expedited Enforcement Compliance Order and Settlement Agreement which requires correction of these violations, and WHEREAS, the Town has determined that it is advisable to replace the underground tanks in order to correct the violations and reduce the likelihood of tank leakage and costly site remediation, and WHEREAS, the Town will be required to comply with applicable laws and regulations to properly close the existing tanks, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, AS FOLLOWS: Section 1. The specific object or purpose for which the obligations authorized by this Resolution (the “Bond Resolution”) are to be issued is the closure of the three existing REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 998 underground fuel storage tanks and the acquisition, construction and installation of a fueling island in a different location with new aboveground storage tanks and surface spillage containment system, including related preliminary and incidental costs (the "Project"), and such specific object or purpose is hereby authorized at a maximum estimated cost of Four Hundred Fifty Thousand and 00/100 Dollars ($450,000.00). Section 2. The plan for the financing of such maximum estimated cost is the issuance of up to $450,000 serial bonds and/or bond anticipation notes of the Town, hereby authorized to be issued pursuant to the New York Local Finance Law. The proceeds of the bonds or bond anticipation notes may be used to reimburse expenditures paid by the Town from other funds or otherwise on or after the date of adoption of this Bond Resolution. The Town may submit applications for grants and/or low interest loans and, to the extent that any such moneys are received, may apply such funds to the payment of principal and interest on the bonds or bond anticipation notes. Pursuant to Local Finance Law Section 107.00(d)(9), a down payment from current funds is not required. Section 3. It is hereby determined that the period of probable usefulness of the specific object or purpose is ten (10) years, pursuant to Sections 11(a)(35) and (88) of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five (5) years. Section 4. The faith and credit of the Town of Queensbury, Warren County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as they become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such years. There shall annually be levied on all the taxable real property of the Town a tax sufficient to pay the principal of and interest on such obligations as they become due and payable. Section 5. For the purpose of paying the cost of the Project, there are hereby authorized to be issued serial bonds of the Town up to a maximum amount of $450,000 the maximum maturity of which shall not exceed the ten (10)year period of probable usefulness set forth above and which shall mature on or before such date as measured from the date of the bonds or from the date of the first bond anticipation note issued in anticipation of the sale of such bonds, whichever date is earlier. The bonds may be issued in the form of a statutory installment bond. Section 6. There are hereby authorized to be issued bond anticipation notes for the specific object or purpose in an amount up to but not exceeding the $450,000 maximum amount of serial bonds authorized to be issued, in anticipation of the issuance and sale of the serial bonds authorized, including renewals of such bond anticipation notes. Section 7. Any bond anticipation notes shall be payable from the proceeds derived from the sale of the bonds or otherwise redeemed in the manner provided by Section 23.00 of the REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 999 Local Finance Law. The faith and credit of the Town are hereby irrevocably pledged for the payment of the bond anticipation notes and the interest on them. Section 8. There are no bond anticipation notes outstanding which have been previously issued in anticipation of the sale of these bonds. Neither are the bond anticipation notes hereby authorized renewal notes. These bond anticipation notes will not be issued in anticipation of bonds for an assessable improvement. These notes shall mature at such time as the Town may determine and may be renewed from time to time, provided that in no event shall such notes or renewals extend more than one (1) year beyond the original date of issue except as permitted in the Local Finance Law. Section 9. Subject to the terms and conditions of this Resolution and of the Local Finance Law, and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of these notes, and the power to prescribe the terms, form and contents of the serial bonds and bond anticipation notes and the power to sell and deliver the serial bonds and bond anticipation notes issued in anticipation of the issuance of the bonds is hereby delegated to the Town Supervisor, the Chief Fiscal Officer of the Town. The Town Supervisor is hereby authorized to sign any serial bonds and bond anticipation notes issued in anticipation of the issuance of the serial bonds and bond anticipation notes issued pursuant to this Resolution by manual or facsimile signature, and the Town Clerk is hereby authorized to affix or impress or imprint a facsimile of the seal of the Town to any of the serial bonds or bond anticipation notes and to attest such seal by manual or facsimile signature. If executed by facsimile signature, such obligation shall be authenticated by the manual countersignature of the Town Supervisor or a designated fiscal agent. The Town Supervisor, as Chief Fiscal Officer of the Town, is authorized to execute and deliver any documents and to take such other action as may be necessary and proper to carry out the intent of the provisions of this Resolution. Section 10. The exact date of issuance of the bonds and/or notes and the exact date upon which they shall become due and payable shall be fixed and determined by the Chief Fiscal Officer, provided, however, that the maturity of the notes or renewals shall not exceed one (1) year from the date of issue except as permitted by the Local Finance Law. Section 11. The Chief Fiscal Officer shall prepare the bonds and/or notes and sell them in accordance with the provisions of the Local Finance Law including, but not limited to, the provisions of Section 169.00, if applicable, and at such sale shall determine the interest rate to be borne by such bonds and/or notes, and whether fixed or variable. The Town Board authorizes the Chief Fiscal Officer to establish substantially level annual debt service for the repayment of the Bonds if he believes it is in the best interests of the Town. The Town Board authorizes the Chief Fiscal Officer to issue such serial bonds in the form a statutory installment bond. Section 12. If issued, the bonds and/or notes shall be in registered form, and shall bear interest at the determined rate. REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1000 Section 13. The Chief Fiscal Officer shall deliver the bonds and/or notes to the purchaser only against a certified check or other immediately available funds. The proceeds of the sale of the bonds and/or notes shall be deposited and/or invested as required by Section 165.00 of the Local Finance Law, and the power to invest the proceeds of sale is hereby delegated to the Chief Fiscal Officer and the power to invest in any instruments described in Section 165.00 is expressly granted. Section 14. To the extent that it is permitted to do so under the Internal Revenue Code of 1986, as amended (the "Code"), the Town hereby designates the bonds and/or notes as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code. The Town hereby covenants that it will (i) take all actions on its part necessary to cause interest on the bonds and/or notes to be excluded from gross income for purposes of Federal income taxes and (ii) refrain from taking any action which would cause interest on the bonds and/or notes to be included in gross income for purposes of Federal income taxes. Section 15. The Town of Queensbury is a town wholly or partially within the Adirondack Park. However, State lands subject to taxation within the Town's boundaries are assessed at less than thirty percent (30%) of the total taxable assessed valuation of the Town, so permission of the State Comptroller to issue the bonds and/or notes is not required under Local Finance Law Section 104.10(3). Section 16. Miller, Mannix, Schachner & Hafner, LLC, Glens Falls, New York, is hereby designated bond counsel. Section 17. This Resolution is subject to permissive referendum pursuant to Article 7 of Town Law and Section 35 of Local Finance Law, and shall not take effect until such time as provided. The Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. Section 18. The validity of these serial bonds and bond anticipation notes may be contested only if: (1) These obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this Resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the State Constitution. Section 19. This Resolution or a summary thereof shall be published in the Glens Falls Post Star, which has been designated as the official newspaper of the Town, together with a REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1001 notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 20. This Resolution shall take effect immediately. Section 21. The question of the adoption of this Resolution was duly put to a vote on roll call which resulted as follows: th Duly adopted this 26 day of July, 2010 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None The Resolution was declared duly adopted by a vote of not less than two-thirds (2/3) of the full membership of the Town Board. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO REZONE PROPERTIES ON COUNTRY CLUB ROAD AND GLENWOOD AVENUE RESOLUTION NO.: 268, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2010 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Ordinance and Map to reflect the rezoning of: 1.five (5) parcels of property on Country Club Road from Office (O) to Moderate Density Residential (MDR), and 2.three (3) parcels of property on Glenwood Avenue from Moderate Density Residential (MDR) to Office (O), as presented at this meeting, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance 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 07-26-2010 MTG #28 1002 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public th hearing on Monday, August 16, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2010 to amend the official Town of Queensbury Zoning Ordinance and Map whereby: ? the properties bearing Tax Map Parcel No.: 296.15-1-18, 296.15-1-24, 296.15-1-25, 296.19-1-12 and 296.19-1-13 located along Country Club Road in the Town of Queensbury would be rezoned from Office (O) to Moderate Density Residential (MDR), and ? the properties bearing Tax Map Parcel No.: 296.19-1-15, 296.19-1-16, and 296.19-1-17 located along Glenwood Avenue in the Town of Queensbury would be rezoned from Moderate Density Residential (MDR) to Office (O), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward a copy of this Resolution, the proposed Local Law and Zoning Map to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1003 to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 26 day of July, 2010, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JULY 27, 2010 RESOLUTION NO.: 269, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a ndth Warrant with a run date of July 22, 2010 and payment date of July 27, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run ndth date of July 22, 2010 and payment date of July 27, 2010 totaling $584,604.55, 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 26 day of July, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1004 RESOLUTION APPROVING AGREEMENT FOR NEW DRAINAGE PIPE BETWEEN HOMER AVENUE AND QUAKER ROAD AND ESTABLISHING CAPITAL PROJECT FUND TO BE KNOWN AS HOMER AVENUE/QUAKER ROAD DRAINAGE PROJECT FUND #177 RESOLUTION NO.: 270, 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 pair of failed drainage pipes, which extend from and through property owned by Time Warner Cable, Minogue’s Beverage Center and The Tire Warehouse to Quaker Road, and WHEREAS, the purpose of the pipes is to conduct streamwater and runoff to a drainage culvert in Warren County’s right-of-way adjacent to Quaker Road, and WHEREAS, as a result of the failure of the drainage pipes 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 Queensbury Town Board previously recognized the severity of the drainage problem when the Board adopted Resolution No.: 162 of 2010, 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 an agreement to cooperatively undertake a project to abandon the failing drainage pipes and install a new drainage pipe (the “Project”), and WHEREAS, Town Counsel has prepared a proposed Agreement stating the terms and conditions for undertaking the Project and all Town Board members have reviewed the proposed Agreement, and WHEREAS, the proposed Agreement is being circulated among Time Warner Cable, Minogue’s Beverage Center and Tire Warehouse, to be signed by their authorized officers, and WHEREAS, the Town Board wishes to approve such Project and authorize the withdrawal of $150,000 from Capital Reserve Fund #64, subject to the condition that all unused funds at the end of the Project shall be returned to Capital Reserve Fund #64, and REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1005 WHEREAS, the Town Board is authorized to make such a withdrawal from such Capital Reserve Fund subject to permissive referendum, and WHEREAS, the Town Board wishes to authorize such Project and appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby approves the proposed Agreement with Time Warner Cable, Minogue’s Beverage Center and Tire Warehouse to undertake the Project to cooperatively abandon the existing drainage pipes between Homer Avenue and Quaker Road and install a new drainage pipe to conduct streamwater and runoff to the drainage culvert in the County’s right-of-way adjacent to Quaker Road, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign the proposed Agreement upon receipt of an original signed by each of all the other parties and to accept dedication of the Easement necessary to complete this Project, and BE IT FURTHER RESOLVED, that this Resolution is conditioned upon the requirement that upon completion of the Project any funds left in Capital Project Fund #177 shall be returned to Capital Reserve Fund #64, and BE IT FURTHER RESOLVED, that upon the Town Supervisor’s signature on the Agreement, the Town Board authorizes and directs the Town Engineer, Town Counsel and the Town Supervisor to prepare all necessary plans, drawings, bid specifications, draft construction contracts and other any other information and documents necessary to solicit bids from contractors to perform the work of the Project, and BE IT FURTHER RESOLVED, upon preparation of the necessary plans, specifications bid documents, the Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Engineer and Town Clerk to post and publish all required notices, in a manner compliant with all applicable laws and regulations, to solicit bids on the Project, and REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1006 BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the establishment of a Capital Project Fund to be known as the “Homer Avenue/Quaker Road Drainage Project Fund #177,” which Fund will establish funding for expenses associated with the Project and establishes initial appropriations and estimated revenues for Capital Project Fund #177 in the amount of $150,000 to be funded from Capital Reserve Fund #64, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2010 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Town Engineer and/or Town Counsel to take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 26 day of July, 2010 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 5.0 CORRESPONDENCE- None 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- No comment JOHN STROUGH- Spoke of an article in the Post Star regarding Exit 19. There is going to be some development around the upper or western portion of the Pyramid Mall. Today’s article made it sound like we should force a diner to accommodate some rather large traffic flow issues. That’s not really the case. We would like to see that developed but none of us wants to see that REGULAR TOWN BOARD MEETING 07-26-2010 MTG #28 1007 Exit 19 area clogged with traffic so that it hurts business elsewhere in the Town. In 2008 Pyramid put a proposal before the Planning Board to develop this area. What this proposal included was a turning lane. This turning lane was developed so that you wouldn’t hinder the eastward traffic flow of Aviation Road. A connector road should be put in as well. We need to look at the big picture, and try to keep traffic flow going at a part of the town that is the gateway to the Town. We need to plan comprehensively, plan for the future, plan for full build out. SUPERVISOR STEC- Agrees but this is more of a Planning Board matter. At some point a connector road should be put in there. COUNCILMAN MONTESI- Attended a Warren County Soil and Water meeting today. We now have a commitment and this fall we will be putting a large infiltrator at the Enterprise parking lot across from Price Chopper. That infiltrator will handle the storm water runoff of most of Route 9 from Miller Hill down. We are hoping that this will keep a lot of the sediment out of Halfway Brook and out of Hovey Pond. Today we authorized Dave Wick to order the infiltrator. The owner of Enterprise has been very accommodating through this entire process. SUPERVISOR STEC- The Highway Department is aware of this project and they will be happy to maintain it over the years. Thanked the owner of Enterprise. COUNCILMAN METIVIER- No comment SUPERVISOR STEC- ? Reminded everyone of the Town’s website www.queensbury.net ? Thanked TV8 and its sponsors for televising these meetings RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 271, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 26th day of July, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury