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2011-01-24 MTG#3 REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 1 REGULAR TOWN BOARD MEETING MTG#3 JANUARY 24, 2011 RES#51-68 7:00 P.M. B.H. 1-2 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS CRAIG BROWN, ZONING ADMINISTRATOR PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 51, 2011 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. th Duly adopted this 24 day of January, 2011, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None PUBLIC HEARING SANITARY SEWAGE VARIANCE – DOUG & MURIEL CHERRY PUBLICATION DATE: JANUARY 14, 2011 DAN RYAN, ENGINEER AND AGENT FOR DOUG & MURIEL CHERRY PRESENT MR. RYAN-I am here representing Doug Cherry he is unfortunately overseas unable to attend tonight. I would like to discuss, I will give you a brief background REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 2 on the project and would be happy to answer any questions. The property is located on Glen Lake off Fitzgerald Drive it is about a half acre parcel. The owner wishes to construct a small two bedroom home the footprint of the home is approximately six hundred and eighty four square feet. If you reviewed the plans we have submitted five sets of drawings detailing the project you will see and notice that predominately most of the construction activity is quite a distance from the shoreline. This owner has a particular interest in protecting the shoreline and preventing any disturbance along that area. The project consists of constructing the home, constructing the leach field, and revegetating some areas down by the shore. Two bedroom home it does require a couple of septic variances as described in the hearing notice. We are trying to take advantage of the flattest portion of the site, which are in the south end along the road so that is triggering the request for the five foot property line setback that is the flattest area of the site and most suitable for the sewage system absorption field. We have planned for this project an Eljen absorption system it is for two bedrooms. The soils on this site are very well drained sands no groundwater evidence relatively deep areas only because of the fact that we are upgrading it from the shoreline so the depth of groundwater is pretty substantial. We are approximately a hundred and seventy five feet from the shoreline to the absorption field edge. We are approximately a hundred and thirty feet from the downgrading well to the absorption field. We feel certainly that this is a well designed and safe system because of those substantial separation distances that we do achieve although they do require a slight modification and variance from the requirements. SUPERVISOR STEC-In your opinion Dan is this the most compliant location on the property? MR. RYAN-Absolutely this is the most compliant. It provides the greatest distance to the lake and the greatest separation to the existing well. SUPERVISOR STEC-I will open the public hearing and first ask the board members if they have any questions Dan before we continue the public hearing. MR. RYAN-Okay. COUNCILMAN BREWER-Its going to have alarms and all that correct? MR. RYAN-Yep. It will be pump system standard alarms, shut off; overflow alarms pretty much a standard system with a pump. COUNCILMAN MONTESI-Dan I don’t think in all of the years that I have served on this board that I have ever been asked to approve something that is this environmentally sensitive. This is a fifteen percent grade we are going to put a house on it and we need a variance from the wells. We need a variance for the septic it just doesn’t make sense environmentally to me. I did get some comments from adjoining neighbors there is a subdivision that is not affected by it in terms of adjoining property, but they just felt as strongly as I did environmentally that this is the wrong site to put a house on with that kind of a REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 3 steep grade. It is nice that you tell us here really back far from the lake still at a fifty percent grade where is it going. MR. RYAN-We do have a compliant location that is an alternative for the house it is down fifty feet off the shore line on that flat area with a zero to a three percent grade. It is essentially a flat parking lot now that could be an alternative compliant location for the home. The septic system would still be required to be pumped farthest from the shore line up to the flat area near the road. COUNCILMAN MONTESI-It would make more sense to me I am only one member of the board. COUNCILMAN STROUGH-I, too Ron had some concerns about this because it is steep. There are two driveways that have right-a-ways the neighbor to your right your neighbor to your left I didn’t see any parking. I couldn’t believe how steep it was and the Code does say that the systems shall be at least two hundred feet away and that means at least. It also says in our Town Code that maximum allowable existing natural ground surface for a built up system is ten percent. MR. RYAN-Correct. That is one of the requests for relief is the fact that the existing grade that the system is being installed on does exceed the ten percent. We are installing retaining walls to flatten that area out as well. The retaining walls vary from three to three to six feet in height that will allow us to provide a flat section of land for absorption on that south end. COUNCILMAN STROUGH-Thank you for submitting the plans for the house, too, it seems to be a pretty sizeable house. MR. RYAN-The footprint of the home is approximately eighteen feet by thirty feet. COUNCILMAN STROUGH-They have a basement they have a first floor they have a second floor and they even have a loft they have four floors. MR. RYAN-They have three floors. There is the basement level the primary floor and the loft it is only suitable really for two bedrooms to live in. This gentleman is at retirement age he travels overseas and is planning to use seasonal. It has been designed for two bedrooms at a maximum. We have achieved essentially the maximum permissible and pervious on the site so there really would be no ability to provide any further expansion on this lot. COUNCILMAN STROUGH-The basement is big enough to be….. MR. RYAN-The basement is planned to be finished and that is one of the bedrooms and the upstairs is one of the bedrooms. COUNCILMAN BREWER-Isn’t that counted on square footage or living space. MR. RYAN-The total square footage is about two thousand square feet when you consider all three floors. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 4 COUNCILMAN STROUGH-Did they consider maybe a smaller house and a holding tank? I mean this is one of the most challenging pieces of property I have ever ever seen. MR. RYAN-It certainly is a challenge I won’t deny that. I think we designed and mitigated any of the concerns we have had relative to the constructability of the project. I think that in the end the personal goals of this owner, which were to build and maximize everything farthest from the lake on the higher slopes he has a preference not to be on the shoreline because of noise and his personal preference is to have a view rather than have a beach so that is what is driving the project is the location of the home the preferred location. There is an alternative, but it doesn’t change the need for the septic variances because of the site. COUNCILMAN BREWER-They would all stay the same all the variances? MR. RYAN-The septic variances would be the same. Essentially we would be providing a septic system in the same location we would just be pumping from a lower elevation. COUNCILMAN STROUGH-Where is the parking area? MR. RYAN-There is a parking lot shown on the site plan drawing C3. We provide parking for two vehicles as required by the Town Code. You will notice there is a driveway indicated about center of the property line on the south side. COUNCILMAN STROUGH-I see a driveway that is going to be sufficient for two cars they are not going to have any summer visitors. MR. RYAN-It is a twenty by thirty location the Town Code requires two parking spaces be provided, which is what we have provided. The site does have two easements on it for access for both neighbors. Again, that further restricts the constructability and use of the site because you are encumbered by those easements. We are trying to maximize the use of what space is available and is able to be constructed upon. COUNCILMAN METIVIER-Dan did you look into holding tanks verses septic sense you did say it was going to seasonal? MR. RYAN-I think that the intent is to use it seasonal the preference was to provide absorption because of the quality of the soils. We have well drained medium and coarse sand with traces of gravel. It is a very deep depth there is absolutely no groundwater probably within forty to fifty feet of this system depth wise and it is a six minute perc rate so it is not too fast it is actually a good soil for treatment. We are providing an Eljen system, which will provide additional stages of treatment with a sand filter at the base and that will provide a higher quality effluent absorbing into the soil. COUNCILMAN STROUGH-Also we cannot look at a place as seasonal because we know all these places will end up being year round and that’s why we have to look REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 5 at it. Not only that, but being on a lake and so forth we know they have picnic’s they have guests over and that is okay, but that is quite a load on a septic system. With the holding tank I know where it is and I know where it is not going so I would feel more comfortable with a holding tank I am only one person. SUPERVISOR STEC-Any other board members have any other questions or comments before I open it up for the rest of the public comment. The public hearing is opened is there any members of the public that would like to comment on this public hearing? I would just ask that you raise your hands one at a time and I will call on you. Come to the microphone state your name and addresses for the purpose of the record, board members have any other discussions. I, too Dan when we get to these marginal ones the ones that are starting to push the envelope we are certainly granting variances that are allowed by law that’s why there is a procedure. We are certainly not obligated to grant them, but in the past we have when they start to get to push certain envelopes we start looking. I think we try to work with the property owner is there an alternative. Is the holding tank an alternative we required holding tanks on numerous instances more commonly on Lake George than on Glen Lake a holding tank isn’t a bad outcome here from where we sit? COUNCILMAN BREWER-It can’t go anywhere. SUPERVISOR STEC-What are your thoughts? MR. RYAN-Certainly a holding tank is a viable alternative. I think personally absorption is the best method of treatment when it can be done with good engineering principles. We feel that this project as presented is sound engineering. We provided some slope stability with retaining walls we have done our homework relative to the type of soil that we are absorbing into. We do plan to have the alarms and solenoid shutoffs for this particular parcel in case there is an overflow event or a condition that is not anticipated or poor management. COUNCILMAN MONTESI-The Glen Lake Association is spending a chuck of money in forming a taxing district to protect the lake not only from milfoil, but from any other situations. Back five or six years ago I was involved with soil and water where we dredged part of Glen Lake trying to clean up the siltation that is happening at the outlet ends. There is some concern you know environmentally on my part for this steep slope. Putting a house you say eighteen by thirty that is another roof line there is no sedimentation pond here so whatever comes off that roof has to go into the lake. MR. RYAN-We are actually proposing storm water controls for that purpose. We plan to store one hundred percent of the runoff from any impervious surface on site. COUNCILMAN MONTESI-How are you going to do that? MR. RYAN-We provided infiltration trenches that would store a hundred percent of that twenty five year storm, which is required by your Town Code to mitigate. I certainly think and feel that this project once completed will have negligible REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 6 impact on Glen Lake. If you notice we are taking the parking lot that is only fifty feet from the shoreline we are re-vegetating that and removing that it will provide additional buffering for protecting the lake. As far as the pollutant loads from the system we are over a hundred and seventy five feet from the shoreline and approximately fifty to seventy feet above the lake elevation certainly adequate distance to remove pollutants prior to entering that watershed probably one of the fewest properties on the lake with that type of separation. COUNCILMAN STROUGH-Did you consider because right now the road has a natural berm the way this property is obviously that berm has to go in order for you to fit what you want to fit in there. MR. RYAN-We will be cutting that down and flatting it out somewhat. COUNCILMAN STROUGH-The storm water from the road might be an additional. MR. RYAN-We have actually accommodated there is an existing swale along the road like you said it is built up with the berm we do plan to improve that swale so that we can divert any of the runoff from the road, which is minimal because the road is crowned in the opposite direction to the south. We do plan to mitigate that by providing that swale and improving it. COUNCILMAN STROUGH-Like I said, I think you probably could fit a house there I rather see it a little smaller, but there is minimum amount of parking where this is located the road crest and visibility is limited guest would have to park on that road that road doesn’t look like it would accommodate. MR. RYAN-Like I said we are providing the driveway we basically plan to share access with the existing driveway that is there now. If you notice the neighbor to the east has that easement and driveway we are not changing that condition we are basically parking off the edge of that so there is no additional entering and existing from Fitzgerald Drive. That existing condition will essentially remain intact upon completion of the project. COUNCILMAN BREWER-If you had a holding tank Dan you could use that as a parking lot. MR. RYAN-We do already plan to have the septic tank in the parking area in the driveway area. COUNCILMAN BREWER-What kind of a cover are you going to have on that? MR. RYAN-It will be traffic rated. COUNCILMAN STROUGH-That area where you plan on putting your infiltration bed could be parking, too. Not that I want to see a lot of parking, but I just happen to know you are going to need more than two spots. MR. RYAN-I suppose the alternative we could park six cars down along the shoreline where the driveway access now there is additional parking on the site. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 7 SUPERVISOR STEC-Any public comment on this public hearing? NO PUBLIC COMMENT MR. RYAN-As guess as an added note we meet with the Planning Board last week they did make a recommendation to the Zoning Board and their determination was that they did not identify any significant environmental impacts of this project that could not be mitigated by either project change or additional review. SUPERVISOR STEC-They didn’t specifically consider the septic variance right? MR. RYAN-Only as a recommendation to the Zoning Board certainly they were aware of the variances we were requesting. SUPERVISOR STEC-Typically they don’t look at the septic variance they let us worry about the septic variance. Their comment is predicated on resolving whatever septic needs you need from the Town Board. MR. RYAN-Correct. SUPERVISOR STEC-Hearing what I’ve heard overhearing side bars that have been going on up here I am not sure that the board is comfortable granting this variance I think that we would prefer to look at an alternative like a holding tank, I think it is feasible it is certainly not as convenient but it is safer. MR. RYAN-We would be happy to go back to the client and review that particular alternative I would presume we will be back in front of you for a holding tank design if that is the case because that will require approval as well. COUNCILMAN METIVIER-When there are slight variances with the setbacks and everything you can deal with it this is just getting excessive. I really think it is sending a really bad message I think something else needs to be looked at I am personally not comfortable with this at all. SUPERVISOR STEC-I am not hearing anyone strongly object I haven’t heard Tim specifically say, but I thought I’ve overheard sentiment along that line Tim would you feel better with a holding tank? COUNCILMAN BREWER-Yes, I would. SUPERVISOR STEC-We all would. MR. RYAN-We will look at that alternative and we will represent. SUPERVISOR STEC-What, I will do tonight is I will close this public hearing. COUNCILMAN BREWER-It opens up a lot more avenues for you to park to have company no problem no issue with anything going anywhere besides the tank. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 8 SUPERVISOR STEC-I am going to go ahead right now and close this public hearing. The public hearing is closed we won’t take any action on this I imagine you will just submit variance application. MR. RYAN-Yes, thank you. PUBLIC HEARING CLOSED - NO ACTION TAKEN RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN SHINE AND LARRY CLEVELAND RESOLUTION NO.: BOH 1, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, John Shine and Larry Cleveland have applied to the Local Board of Health for variances from Chapter 136 to place a leaching system: 1. 5’ from the west property line in lieu of the required 10’ setback; and 2. 17.35’ from the house foundation in lieu of the required 20’ setback; on property located at 90 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, February 7, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John Shine and Larry Cleveland’s sewage disposal variance application concerning property located at 90 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.13-2-39) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 9 ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 2, 2011 INTRODUCED BY: MR. TIM BREWER WHO MOVED FOR ITS ADOPTION SECONDED BY: MR. JOHN STROUGH RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 24 day of January, 2011 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0PUBLIC HEARING PUBLIC HEARING AMEND QUEENSBURY TOWN CODE CHAPTER 179” “ZONING PUBLICATION DATE: JANUARY 12, 2011 SUPERVISOR STEC-This public hearing is to amend the Queensbury Town Code Chapter 170, Zoning. So, that people have a little bit of idea on our process we will not be adopting this tonight. We will likely be conducting this public hearing and depending on how that goes we may close the public hearing forwarded it to APA and Warren County Planning Board officially for their review although, I know APA has already had an informal review. Then that would be on the agenda in February and this would likely th come back to the Town Board on February 28 for potential adoption. To refresh some people’s memories we repealed and replaced that term is in vogue now, but we repealed and replaced the old Chapter 179, April of 2009. We had several handfuls of items that we chose at that time to hold off on trying to address because we also wanted not to delay the process any further we have been playing with the zoning code far too long in my opinion, but it is certainly an important document. We have been working on it a long time we adopted it and then we wanted to get it on the street to find some errors. We certainly have found one that I think has received a fair amount of notoriety and that is addressed in this amendment to the Zoning Code. Also, a lot of typos things like that page miss matches and references that weren’t cleaned up we clarified some definitions. I don’t think there are any major changes here. There are a couple minor changes to the map, but there is no whole sale rewrites of big sections or what’s an allowed use or not allowed use in which part of Town. I think it is predominately housekeeping, but certainly that is in the eye of the beholder. So, anyways we wanted to get back to that in about a six month review right now we are at about twenty months, but I imagine that we will have this finished this winter. With that said, Craig Brown is here just in case there is any specific questions that come up he is the resident expert on the process and REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 10 he is the keeper of the official draft form that we have in front of us tonight. With that said, I will open the public hearing and we will take any comment. Karen you do have one piece of correspondence that we want to acknowledge for the record that we have. DEPUTY CLERK, O’BRIEN-It is from John Salvador received by fax. (On file in Town Clerks Office) SUPERVISOR STEC-Today. DEPUTY CLERK O’BRIEN-Yesterday. SUPERVISOR STEC-Yesterday the twenty third of January so no other written correspondence? DEPUTY CLERK, O’BRIEN-No. SUPERVISOR STEC-The public hearing is opened again, on these amendments to Chapter 179, Zoning if you want to speak again just please raise your hand I will call on folks one at a time. Yes, ma’am. These microphones not only amplify the record for the purpose of the record. SHARON WOLFE, CHESTNUT RIDGE ROAD-The property that is on my back line why is it going from residential to commercial light industry on County Line Road? ZONING ADMININSTRATOR, MR. BROWN-I think that is the Farrone switch. SUPERVISOR STEC- That we have been talking about. It has access to sewer the property that I guess you are asking about has frontage on Queensbury Avenue there is a fair amount of wetlands there we are aware of that regardless of what the zoning is you still have to deal with the realities of the site and wetlands. I think what is envisioned there is to use the access onto Queensbury Avenue for future light industrial uses similar to what is at Angio Dynamics you know up and down that stretch there is sewer there that is available. MRS. WOLFE-Part of the industrial park. SUPERVISOR STEC-No, it wouldn’t be part of the industrial park, but it would have light industrial uses that would be allowed and Craig will give you some examples of what those might be. ZONING ADMINISTRATOR, MR. BROWN-That’s correct. It was also a switch for lands on Luzerne Road so the commercial light industrial lands or residential. The commercial light industrial land that was on Luzerne Road has been moved to here. To make the moderate density residential land that was here has been moved to Luzerne Road so was kind of a swap of zoning areas. SUPERVISOR STEC-I don’t think she is interested in that Craig, but that is true. ZONING ADMINISTRATOR, MR. BROWN-What are we interested in. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 11 SUPERVISOR STEC-She lives over there and I think she is concerned about the new uses. MRS. WOLFE-Not only that, but with what the Airport is trying to do and extend the runway, you know what. SUPERVISOR STEC-This isn’t affiliated with the Airport I mean the Airport wouldn’t use this property. MRS. WOLFE-No, but you really don’t know if this is going to bring more so that it is going to help the Airport to get even that much bigger. SUPERVISOR STEC-Economic Development is there to benefit the Airport the Airport in theory is there to help benefit the area’s economic development because it is located near the Airport I can understand your question. COUNCILMAN MONTESI-Actually the Airport is going to extend the runway to the south. SUPERVISOR STEC-To the south towards Quaker Road. MRS. WOLFE-Well they haven’t actually determined if it’s going north or south. SUPERVISOR STEC-It is not coming north. MRS. WOLFE-It all depends on DEC on which has got the least amount of wetlands because we haven’t heard that yet. COUNCILMAN MONTESI-It is going to go south because DEC is working on a situation where you can’t create more wetlands on the Airport site because it would draw more birds. They said we will let you move south, which is going to involve some wetlands, but you are going to have to make wetlands someplace else in the Town or the County, which we are doing or DEC is doing for your concern the Airport extension will be south. SUPERVISOR STEC-All the discussion up at the County for the last seven years and probably before that has been about expanding in the southern direction. I have never heard them talk about expanding it north. That would involve moving Hicks Road I have never heard that discussion up at the County. MRS. WOLFE- I was at the last meeting they just had yes it could have gone either way it was up to DEC. SUPERVISOR STEC-If that was true it was years ago. I have not heard anyone talk about expanding it north. COUNCILMAN MONTESI-The only problem that we had going north was at one point there was some kind of an engineering study that said they wanted to cut the trees that are up on Chestnut Ridge. SUPERVISOR STEC-Right. COUNCILMAN MONTESI-That didn’t go any place so. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 12 SUPERVISOR STEC-It did slowly and it got resolved over time because the FAA kind of pulled themselves in as to how much they were asking to be cut because a lot of people were concerned about do we really need to cut this much. All the discussions I have heard over the years about extending that runway are to extend it south towards Quaker Road. I don’t think that’s related to what we are doing at all in fact I don’t think the County is even aware of this potential rezoning. This is a rezoning that two property owners have been seeking for years for us to consider. It is a swap involving property on the other side of Town that was zoned industrial that they wanted to zone residential so that is what Craig was describing. How large is the parcel we are talking about Craig roughly on Queensbury Avenue? ZONING ADMINISTRATOR, MR BROWN-Close to forty acres. SUPERVISOR STEC-I think, I know where you are coming from. MRS. WOLFE-Any potential impact on the residents actually have to look out our back door and see it. SUPERVISOR STEC-And see a smoke stack or something like that I don’t think so. MRS. WOLFE-We see that anyways from the chipper plant on Casey Road. SUPERVISOR STEC-I can imagine. MRS. WOLFE-Oh yeah and smell it. SUPERVISOR STEC-A good portion of that property is wet so I mean as far as encroachment to the west towards your property line there are a lot of wetlands back there. MRS. WOLFE-Actually we have two property lines that border on that. SUPERVISOR STEC-I think any development that would occur there would have to stay out of the wet areas. From maps, I remember seeing most of that is close to Queensbury Avenue or County Line. COUNCILMAN MONTESI-Is this in the runway. MRS. WOLFE-The flight path. SUPERVISOR STEC-Which means they won’t allow them to go very tall either. I don’t think you are looking at a large building whatever they build there. COUNCILMAN METIVIER-Also, I think you are worried when you hear light industrial you think smoke stacks. SUPERVISOR STEC-Like, the wood chip plant. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 13 MRS. WOLFE-More noise because the County is already taken down to hedge rows down there on Hicks Road between Hicks and County Line. The noise has already come up from the airplanes because of last hedge row you guys just took out last year so you hear the noise anyways it is just potentially getting worse. COUNCILMAN MONTESI-What are some of the uses Craig? ZONING ADMINISTRATOR, MR. BROWN-I just counted them quick there are thirty some off uses that are allowed there. I can kind of run through them if you picked up a copy of the draft zoning towards the back, I will just run through them real quick do you kind of want to go through them alphabetically? Agricultural Service Use, Auto Service, Building Supply, Bus Storage, Business Service, Construction Company, Distribution Center, Food Service, Health Related Facility, Heavy Equipment, Light Manufacturing, Limousine Service, Large Office , Small Office, Parking Structure, Semi-Public Building, Recycling Center, Repossession Business, Research & Development Facility, Sawmill, Chipping and Pallet Mill, School , Self Storage Facility, Telecommunications Tower, Truck Depot, TV or Radio Station, Vet Clinic, Warehouse, Wholesale Business. MRS. WOLFE-A sawmill or a chipping plant could go in there like on Casey Road that you already smell and hear. ZONING ADMINISTRATOR, MR. BROWN-There is a provision in the code it requires a special use permit and a sawmill, chipping pallet mill can only be placed on a property that is a minimum of one hundred acres so it would have to get a pretty substantial variance to get it located on this property. SUPERVISOR STEC-Very unlikely never say never very unlikely. MRS. WOLFE-Okay. SUPERVISOR STEC-I understand it’s your backyard so you are concerned this is going to change. MRS. WOLFE-I completely look at that entire…. SUPERVISOR STEC-I appalled you for asking in advance and not after something goes to construction because likely then it is usually too late most people won’t so I do appalled you for paying attention and saying there is a change that might affect you. As Craig pointed out that one in particular you would need a special use permit and a hundred acres certainly that lot is not a hundred acres large, which means that would have to get a variance that would be a very steep variance for the Zoning Board to grant can’t say never. When the neighbors show up and say we have concerns about this that makes it even less likely not that you want to spend your life in here dealing with the Zoning Board so your question is a fair one. I think the example of the wood chip thing I don’t see that happening some of those other uses…and office…. MRS. WOLFE-For the most part are quiet. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 14 COUNCILMAN METIVIER-Like a Angio they are pretty quiet and that is a manufacturing plant that is on the corner there you don’t see any obtrusive pollutants or anything from there. SUPERVISOR STEC-If it is in fact in the glide path there then there are very strict height limits so I think that would right there shoot down a radio station with a radio tower. COUNCILMAN METIVIER-I think you are pretty safe there with the dynamic of that land. SUPERVISOR STEC-It has changed it won’t be houses that is just it. If you were expecting ten or fifteen houses to go in there that won’t happen. If you would prefer that to potentially an office building like an Angio, it depends of what your concern is you should be aware of that right now it is zoned for essentially just houses. COUNCILMAN MONTESI-Is your house just down the road from that. SUPERVISOR STEC-You’re on Chestnut though right? COUNCILMAN MONTESI-Oh, you’re on Chestnut. MRS. WOFE-I am right on Chestnut Ridge. COUNCILMAN METIVIER-Would you in your backyard being looking right over that property? MRS. WOLFE-Oh yes all the fields down there are joined. SUPERVISOR STEC-You have some elevation there. COUNCILMAN METIVIER-In the future as projects come up. MRS. WOLFE-Right. You just want to make sure it doesn’t make an impact on your own residential property and depreciate. COUNCILMAN METIVIER-If that were to come up you would have the opportunity to speak to at those application hearings anyway. SUPERVISOR STEC-Just so you know part of the rational why would you look to change the zoning of a property to industrial it has access to sewer. Sewer came up Route 9 as the corner where Angio is so sewer is close by. That is usually something that you would like an industrial property to have access to sewer as opposed to you don’t want an industrial site to have a huge septic field so it is preferable to locate that kind of zoning where you have the infrastructure to support it. COUNCILMAN MONTESI-Water, too. SUPERVISOR STEC-Town water is available there, too. MRS. WOLFE-Right down to the corner, okay. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 15 SUPERVISOR STEC-You feel any better a little? MRS. WOLFE-We’ll see, thank you. SUPERVISOR STEC-Would anyone else like to comment on the zoning public hearing, anybody going once going twice, seeing none I will close the public hearing. I think we should go through the SEQRA. PUBLIC HEARING CLOSED ZONING ADMINISTRATOR, MR . BROWN-Dan I just have a couple of things to go over and talk about. SUPERVISOR STEC-Absolutely do you want to keep this part of the public hearing? ZONING ADMINISTRATOR, MR. BROWN-Yeah probably sorry about that. SUPERVISOR STEC-The public hearing is opened to take Craig’s remarks. PUBLIC HEARING OPENED ZONING ADMINISTRATOR, MR. BROWN-One of the things we talked about before during all of our workshops meetings was the change in the fence within fifty feet of the shoreline. The draft proposal talks about going from one hundred square feet up to two hundred square feet that allows somebody to have a four foot tall fence fifty feet back from the shore. Within the Adirondack Park the preliminary comments we have gotten back from the Park have said, hey in the Park we consider anything within fifty feet of the shore over a certain size to be a structure and that number is one hundred square feet. They have a little bit of heartburn with….. SUPERVISOR STEC-They haven’t said no yet. ZONING ADMINISTRATOR, MR. BROWN-They haven’t said no yet, but what they gave us were the three obvious options. One change it back to a hundred. Two leave it in there and see what happens. Three make it two hundred feet every place else but the park. With a couple of words added to the code we can accept within the park and keep it at a hundred feet. That is one thing I think if we want to talk about we can do that or leave it in and see what they say. SUPERVISOR STEC-Lets spend a minute or two on it right now. ZONING ADMINISTRATOR, MR. BROWN-Okay. SUPERVISOR STEC-We were hoping to loosen some of the regs and predominately lake front property, which in Queensbury predominately means within the park. If we said let’s leave it to where it currently is in the adopted code at a hundred we don’t change it and that’s fine. Anyone who wants more than a hundred would need to seek a variance through the variance process including APA… ZONING ADMINISTRATOR, MR. BROWN-Correct. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 16 SUPERVISOR STEC-So we propose to make it two hundred APA hasn’t said no, but they haven’t said they are definitely going to say yes so they may yet come back to us and say if we left it in as draft at two hundred they may say we don’t approve that change and we can change it then. Or we can even change it then if they said we don’t approve it then we can change it and say it is two hundred outside the park, which I don’t think accomplishes a lot for where this is really relevant, but they may tell us no but we are hard and steady on the one hundred. The question is do we want to leave it, if we left it at two hundred and they shot it down the simple change that we could make when we go to adopt this right, Bob? TOWN COUNSEL, HAFNER-Correct that is why you seek their input why they require you to seek their input. SUPERVISOR STEC-I don’t think any of us really felt like obviously this isn’t going to change anyone’s life, but we thought that this was an opportunity I think, too make life a little easier for folks that are trying to do some of these things. ZONING ADMINISTRATOR, MR. BROWN-I think we had half a dozen or so inquires about, hey can you look at this the next time you do the code this was a response to that. COUNCILMAN MONTESI-Wasn’t it also a four foot wall doesn’t do much for protection? ZONING ADMINISTRATOR, MR. BROWN-I think if you stick with the one hundred square feet you end up with twenty five feet long four feet tall then you have a gap in the fencing within that fifty feet. Certainly a two foot tall fence fifty feet long doesn’t really get you much protection to keep the kids out of the water or the dog in your yard or whatever you are trying to do with your fence. I think that is why we kind of drafted two hundred square feet that gives you four feet fifty feet back. SUPERVISOR STEC-I am encourage that they didn’t flat out say no normally if they were going to jump on it they would of jumped on it. ZONING ADMINISTRATOR, MR. BROWN-They have responded each time I have received an email from them probably about three times each time they have said have you resolved this fence thing yet because we don’t think we are happy with it so they have hinted three times. COUNCILMAN BREWER-They don’t think they are. SUPERVISOR STEC-We could let them say no we could either change it all back to one hundred or just inside the park. COUNCILMAN BREWER-Why don’t we just do it to prevent them from saying no than have to take time to do it. ZONING ADMINISTRATOR, MR. BROWN-These are the comments coming from their review staff not from the actual board that does the decision making. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 17 SUPERVISOR STEC-So are you suggesting just to change it outside the park two hundred inside the park one hundred. COUNCILMAN BREWER-That would make sense then we wouldn’t have to fool around wait for them to say no and then come back to us and change it. COUNCILMAN MONTESI-That would only impact on the Hudson River. ZONING ADMINISTRATOR, MR. BROWN-Hudson River, Glen Lake, Sunnyside the places that are outside. COUNCILMAN MONTESI-Alright. SUPERVISOR STEC-A half a loaf is better than none John do you have a strong opinion on this one way or the other. COUNCILMAN STROUGH-No. SUPERVISOR STEC-I could almost go either way on it, Tony? COUNCILMAN METIVIER-I’m fine. SUPERVISOR STEC-Why don’t we go ahead and propose changing it to read to the effect that it will be two hundred square feet outside the blue line and one hundred inside the blue line. ZONING ADMINISTRATOR, MR. BROWN-I can do that. SUPERVISOR STEC-Do you have anything else that you wanted to go through? ZONING ADMINISTRATOR, MR. BROWN-I have two more things they are getting smaller as we go here. In Article 3, which is the section of the code that talks about it’s the text that comes from Table 1, here is what your setbacks are your lot size and your density requirements. In discussion with Mike Hill to clarify the text with the language that we have added to Article 4 what’s in Article 3 now talks about density. In Article 4 we are trying to get away from that density calculation when it comes to residential lots. What our proposal is in the beginning actually it’s in the middle of Article 3 anytime it says density we change that to minimum lot size. Rather than say look if you got a fifty acre parcel in a ten acre zone if you use the straight density calculation that maybe means you can have five buildings on that property. We want to get away from that we want to go to one principal building per parcel. If you talk about minimum lot size rather density at least with residential zones it’s for clarification of something we’ve done some place else in the code. SUPERVISOR STEC-Is that in that density language is that from that one email that you and I discussed? ZONING ADMINISTRATOR, MR. BROWN-Yes. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 18 COUNCILMAN MONTESI-How would it change fifty acres you could get in a ten acre zone you would get five houses. ZONING ADMINISTRATOR, MR. BROWN-The way it is written right now. My suggestion is to change that to say one lot one house unless you want to subdivide and that is kind of what we said…. COUNCILMAN MONTESI-Isn’t that the same ten acres is the minimum lot size right? ZONING ADMINISTRATOR, MR. BROWN-That is the minimum lot size you are only going to get one house. COUNCILMAN MONTESI-You are only going to get one house anyways so you are going to get five houses? ZONING ADMINISTRATOR, MR. BROWN-If you want to subdivide you can have a house on each lot, but you can’t just put five houses on that fifty acre parcel. COUNCILMAN BREWER-That would have to be a subdivision. ZONING ADMINISTRATOR, MR. BROWN-It has to be a subdivision so you are going to divide that ownership. COUNCILMAN MONTESI-Okay. SUPERVISOR STEC-This is similar to that other. ZONING ADMINISTRATOR, MR. BROWN-We are trying to address that. COUNCILMAN STROUGH-The reason for that is Craig let’s take the fifty acre example Ron proposed and forty acres of that are wetland and only ten are developable then they probably only be allowed one lot or two lots. They would have one building on one lot at forty acres for wetland. ZONING ADMINISTRATOR, MR. BROWN-That is the language we added to the beginning of Article 4 if you remember that big section. SUPERVISOR STEC-So are we comfortable with Craig and Mike Hill’s suggestion to change to get away from the word density there and go with minimum lot size? COUNCILMAN BREWER-Yes. SUPERVISOR STEC-Anyone object? ZONING ADMINISTRATOR, MR. BROWN-I ran that through the APA and they were completely happy with it because it is slightly more restrictive than their stuff. SUPERVISOR STEC-So we will do that for the record we will make that, too. What was the third thing? REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 19 ZONING ADMINISTRATOR, MR. BROWN-I’ll do that. The last thing was John had provided me with some typos from one section of the code that we kind of cut and paste the veterans light industrial field. I guess, I am continuing to look for those typos and misspelled words we will get all that stuff cleaned up when we revise this time. SUPERVISOR STEC-As long as they are just typos and stuff like that. ZONING ADMINISTRATOR, MR. BROWN-Just spellings. SUPERVISOR STEC-You are going to give us a clean copy before adoption? ZONING ADMINISTRATOR, MR. BROWN-Yes. As soon as we hear back from the APA if they have any comments we will make those revisions. SUPERVISOR STEC-They should be happy with the fence thing so if they give any gruff about any of the rest of it remind them that we are more restrictive on the density thing and we gave them their fence language. COUNCILMAN MONTESI-We will have all of the graphs and charts tables. SUPERVISOR STEC-Next time Maynard Baker sees me he is going to give me grief. ZONING ADMINISTRATOR, MR. BROWN-The plan is when we get comments back from the APA we need to get the document revised and in the Town Boards hands at least fourteen days before the public hearing so we are going to get that taken care of so we meet that, that is a requirement you will have it well in advance of adoption. SUPERVISOR STEC-Okay, good on the twenty eighth we will be on pace with that. ZONING ADMINISTRATOR, MR. BROWN-We are still shooting for the twenty eighth. SUPERVISOR STEC-Again, the public hearing is opened if anyone wants to comment on anything that Craig just said or you thought of something that you wanted to say back when we were talking about the rest of the code, going once, twice. The public hearing is now closed. PUBLIC HEARING CLOSED PART 2- SEQRA FORM LONG FORM 1.Will the Proposed action result in any physical change to the project site? NO 2.Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological, formations, etc.) NO 3.Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO 4.Will proposed action affect any non-protected existing or new body of water? NO 5.Will proposed action affect surface or groundwater quality or quantity? NO 6.Will proposed action alter drainage flow or patterns, or surface water runoff? NO REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 20 7.Will proposed action affect air quality? NO 8.Will proposed action affect any threatened or endangered species? NO 9.Will proposed action substantially affect non-threatened or non-endangered species? NO 10.Will the proposed action affect agricultural land resources? NO 11. Will Proposed Action affect aesthetic resources? NO 12.Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13.Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14.Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15.Will there be an effect to existing transportation systems? NO 16.Will proposed action affect the community’s sources of fuel or energy supply? NO 17.Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18.Will proposed action affect public health and safety? NO Positive impact 19.Will proposed action affect the character of the existing community? NO 20.Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO TOWN COUNSEL, HAFNER-Based on your answers you will probably be considering a resolution adopting a negative declaration. We have a proposed resolution if that is what you want the resolution refers to a negative declaration we prepared one for you to consider take a second to read it make sure it makes sense before you adopt the resolution. The resolution refers to it as being attached we wanted to make sure you had a chance to go through SEQRA before we handed it to you. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RESOLUTION NO.: 52, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with 6 New York Code of Rules and Regulations ("NYCRR") §617.6, the Queensbury Town Board previously declared its intent to be the Lead Agency under the State Environmental Quality Review Act ("SEQRA") for review of an action consisting of adoption of a Local Law to amend Queensbury Town Code Chapter 179, “Zoning,” and WHEREAS, the Queensbury Town Board previously notified other Involved Agencies of its intent to be Lead Agency for the SEQRA review of the proposed Local Law, and REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 21 WHEREAS, more than 30 days have elapsed since such notifications and no other Involved Agency has informed the Town that it wants to be Lead Agency instead of the Town Board, and the Town Board hereby accepts the role of Lead Agency for the required SEQRA review, and WHEREAS, it appears that the action is a Type I action under SEQRA and, therefore, the Town Board prepared Part 1 of a Full Environmental Assessment Form ("EAF"), and th WHEREAS, on January 24, 2011 the Town Board held a public hearing regarding the proposed Local Law and conducted a SEQRA review of the proposed Local Law, and WHEREAS, the Town Board has considered the proposed Local Law, reviewed Part 1 of the EAF and completed Part 2 of the EAF, and WHEREAS, the Town Board has determined that the action will not result in any large or important detrimental impacts and, therefore, is one which will not have a significant adverse impact on the environment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the action will not have a significant adverse impact on the environment, declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration - Notice of Determination of Non- Significance for this action, and BE IT FURTHER , RESOLVEDthat the Town Board authorizes and directs the Town Clerk and/or Senior Planner to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to submit the proposed Local Law, all Tables and the Zoning Map, together with a certified copy of this Resolution, to the Adirondack Park Agency for its formal review and comments, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner to submit the proposed Local Law, all Tables and the Zoning Map, together with a certified copy of this Resolution, to the Warren County Planning Board for its review and comments. th Duly adopted this 24day of January, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 22 NOES : None ABSENT:None 3.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the Resolution Authorizing Agreement between Town of Queensbury and Economic Development Corporation Warren County. SUPERVISOR STEC-This is our annual one that we have been doing with EDC. MR. TUCKER-Any changes? SUPERVISOR STEC-No, basically it is one percent of the Towns general fund budget. MR. TUCKER-Questioned if anyone has been appointed to the position? SUPERVISOR STEC-No, right now I think Mike Borgos is the acting President. They are talking about a search trying to figure out what they are going to do next. COUNCILMAN MONTESI-There has been discussion on the Town, County, and City getting together and having one Economic…. SUPERVISOR STEC-No decisions along those lines have been made. MR. TUCKER-Spoke to the board regarding the changing of hours at the Transfer Station. SUPERVISOR STEC-Explained that Keith Sheerer is going to retire we are bringing him back as a part-time he will just supervisor the adman of the operation the money in dealing with the Town. We will promote Rich Paris to LEO included in the resolution we are going to change the hours of the transfer station we will have them open fifteen minutes later the primary reason is we are going to operate with one fewer full time person after Keith retires the work hours for the employees will remain the same. This will help avoid overtime just a fifteen minute later start. MR. TUCKER-Spoke to the board regarding a half of million dollars that they withdrew from the Transfer Landfill Fund to have cash flow. SUPERVISOR STEC-Not from the landfill we moved a million dollars that we moved from the Landfill to the Capital Reserve I thought. COUNCILMAN BREWER-The essence of the move was that the general fund supplemented the landfill for so many years. SUPERVISOR STEC-That is a separate one and that is about two hundred and sixty thousand dollars. MR. TUCKER-It was supposed to go back into the account January 2nd. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 23 SUPERVISOR STEC-I think you are confusing a third resolution now the resolution you are talking about had nothing to do with the landfill. MR. TUCKER-Will come back to the board. Asked Supervisor Stec how much time is involved in his new job? SUPERVISOR STEC-Additional time maybe another fifteen, twenty hours a week. MR. TUCKER-Asked why he would want the job. SUPERVISOR STEC-It is important to continue the County moving the direction that we have been moving the last couple of years it is good for Queensbury. A lot of people told me they thought that I am the right person for that job at the right time. MR. TUCKER-Asked what Paul Dusek’s position is at the County? SUPERVISOR STEC-He is both the County Administrator and the County Attorney. MR. TUCKER-Questioned if there would be a chance of conflict? SUPERVISOR STEC-No. JOAN JENKINS, CHESTNUT RIDGE ROAD-Spoke to the board on not being reappointed to the Zoning Board of Appeals. COUNCILMAN STROUGH-What you did on the Zoning Board was outstanding. Thinks there is a concerted effort to pack our boards with people who don’t ask the right questions like you do and you did ask the right questions was completely taken back when I saw that we were replacing you with an individual that has no ZBA experience, not only that we are putting him in as Chairman. I am outraged I think what has happened is reprehensible. As far as your reputation goes I don’t think you should worried about it being tarnished, I think some of the members of this board should be worried about their reputations being tarnished. COUNCILMAN BREWER-That’s unfair John doesn’t think that just because we don’t reappoint someone it is nothing to do with you in my mind we haven’t said anything about your service or your reputation. My reason for the change is I think it is time for change this happens all the time. RHIANNA HOGAN CERRO, GARRISON ROAD-Spoke to the board regarding the status of a sidewalk that was going to be put in last fall. SUPERVISOR STEC-We are shooting for the spring we didn’t make the fall it is going to happen we missed our window. COUNCILMAN MONTESI-Did touch base with your husband that blacktop that you had there in front will probably be eliminated with the sidewalk going in. MRS. CERRO-That’s fine it’s worth it. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 24 PETER BROTHERS-Reiterated to the board the discussion that has taken place here noted concurs with John and Joan. Is troubled with the politics that is involved with the appointment that is going to be taking place with the way it is being done. COUNCILMAN BREWER-Stated it is being done the way it is suppose to be done when a term has expired we have the right to appointment somebody that we want. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING USA TRIATHLON TO CONDUCT THREE (3) DUATHLON RACES AND AUTHORIZING CLOSURE OF PORTION OF HAVILAND ROAD FOR SUCH RACES RESOLUTION NO. 53, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, USA Triathlon has requested permission to conduct three (3) duathlon races as follows: SPONSOR : USA TRIATHLON EVENT : DUATHLONS stthth DATE : Three (3) Sundays: May 1, 8 and 15, 2011 TIME : Approximately 7:30 a.m. – 9:30 a.m. PLACE : Beginning at SUNY Adirondack (ACC), turning right onto Bay Road, then another right onto Haviland Road and another right, ending in the north parking lot of ACC; and WHEREAS, USA Triathlon has also requested Town Board authorization to close a portion of Haviland Road during each race and the Warren County Superintendant of Public Works has advised the Town Supervisor that the Superintendent has no issue with the Town closing this portion of Haviland Road on these dates and times, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves USA Triathlon’s three (3) duathlon stthth races to be held on May 1, 8, and 15, 2011 and authorizes the closure of a portion of Haviland Road for each race from approximately 7:30 a.m. to 9:30 a.m., subject to: 1) approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event; and 2) the Town’s receipt of proof of proper insurance from USA Triathlon to conduct the three (3) duathlon races within the Town of Queensbury. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 25 NOES : None ABSENT: None RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT TH 25 ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO. 54, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town th Board to conduct its 25 Annual Shamrock Shuffle Road Race as follows: SPONSOR : The Adirondack Runners Club th EVENT : 25 Annual Shamrock Shuffle Road Race th, DATE : Sunday, March 27 2011 PLACE : Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Adirondack Runners Club to th conduct the 25 Annual Shamrock Shuffle Road Race partially within the Town of Queensbury subject to the Town’s receipt of proof of insurance from the Adirondack Runners, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION - WARREN COUNTY REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 26 RESOLUTION NO. 55, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC’s Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC’s important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of $114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and 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 24 day of January, 2011 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 27 RESOLUTION AUTHORIZING AGREEMENT WITH EXCELSIOR CORNET BAND FOR ITY OF GLENS FALLS – TOWN OF QUEENSBURY JOINT MEMORIAL DAY PARADE RESOLUTION NO.: 56, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to authorize funding in an amount not to exceed $2,200 to the Excelsior Cornet Band for the Band’s appearance and participation in the City of Glens Falls – Town of Queensbury Joint Memorial Day Parade and concert at Park Band Shell to be held on Monday, May th 27, 2013, and WHEREAS, a proposed Agreement between the Town and the Excelsior Cornet Band is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Excelsior Cornet Band substantially in the form presented at this meeting for the Band’s appearance and participation in the City of Glens Falls – Town of Queensbury Joint Memorial Day Parade and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that funding to the Band in the amount not to exceed the sum of $2,200 shall be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2011 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec. Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION ADOPTING 2011 PART-TIME HOURLY WAGE & ANNUAL STIPEND, NON-MANAGEMENT, NON-UNION FULL-TIME STAFF AND MANAGEMENT STAFF SALARY AND NON-UNION REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 28 POSITION/GRADE SCHEDULES AND NON-UNION SALARY ST STRUCTURE EFFECTIVE JANUARY 31, 2011 RESOLUTION NO.: 57, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to adopt Year 2011 Salary and Wage Schedules for its part-time hourly, non-management, non-union full-time and management staff, as well as its Non- Union Position/Grade Schedule and Non-Union Salary Structure as part of the Town’s Salary Administration Program in the Town’s Employee Handbook, and WHEREAS, such Schedules and Structures shall supersede all previously adopted salaries, Schedules and Structures for these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and adopts the Year 2011 Salary and Wage Schedules for its part-time hourly, non-management, non-union full-time and management staff, as well as its Non-Union Position/Grade Schedule as part of the Town’s Salary Administration Program in the st Town’s Employee Management System Handbook, effective January 31, 2011 as follows: Part-Time Hourly Wage and Annual Stipend Schedule Year 2011 Position Wage/Stipend Clerk-Assessor’s Office, Part-time $15.02/per hour Cemetery Secretary $13.87/per hour Court Officer – Hourly Rate $14.71/per hour Court Officer-Service Fee $25.38/per service School Traffic Officer (two hour guarantee) $14.67/per hour Clerks, Temporary and Part-time $12.45/per hour Laborer, Part-time $13.00/per hour Laborer, Seasonal $10.00/per hour Tax Receiver $7,859/annually Historian $11,925/annually Deputy Supervisor $ 1,685/annually Purchasing Agent $ 5,572/annually Fair Housing Officer $ 1,114/annually Planning & Zoning Board Chairman $ 80 per meeting Secretary $ 75 Member $ 70 Board of Assessment Review Member $ 70 per session Recreation Program Attendant* $ 7.25–10.50/per hour Recreation Maintenance* 8.00 -12.00/per hour Recreation Program Specialist* 10.00-15.00/per hour Recreation Program Official/Instructor* 20.00-25.00/per game *Seasonal Hires Individual Wages determined by Recreation Commission REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 29 Non-Management - Non-Union Position Grade OT Salary OT ELIGIBLE Hourly Rate GIS Administrator 7 Ex 59,577 Maintenance Supervisor – Water 7 Ex 59,300 Senior Planner 7 Ex 57,003 Accountant 7 Ex 47,609 Code Compliance Officer 7 Ex 47,609 Legal Assistant 6 Ex 52,532 Fire Marshal 6 Ex 49,289 Deputy Town Clerk I 6 Ex 46,050 Assistant Director of Parks & Rec. 6 Ex 41,616 Land Use Planner 6 Ex 40,035 Court Clerk 5 Ex 47,279 Court Clerk 5 Ex 47,279 Confidential Secretary to Town Supervisor 5 Ex 39,608 Confidential Secretary to Highway Supt. 5 Ex 39,608 Aquatic Recreation Program Assistant 5 Ex 35,972 Records Clerk 5 Ex 34,257 Deputy Town Clerk II 4 Ex 35,746 Parts Shop Supervisor 4 Ex 34,810 Computer Technology Coordinator Ungraded 42,786 20.5700 Data Collector/Appraiser 7 56,222 27.0298 Bldg & Zoning Enforcement Officer 6 55,455 26.6611 Bldg & Zoning Enforcement Officer 5 49,781 23.9332 Assistant to Assessor I 5 47,065 22.6274 Senior Account Clerk 5 45,923 22.0784 Billing Supervisor 5 44,198 21.2490 Deputy Receiver of Taxes 5 43,618 20.9702 Bldg & Zoning Enforcement Officer 5 42,211 20.2938 Court Clerk 5 41,582 19.9913 Assistant to Assessor II 5 38,618 17.8457 Deputy Fire Marshal 5 38,130 18.3317 Senior Citizen Program Coordinator 5 37,910 18.2260 Account Clerk 5 31,129 14.3851 Deputy Court Clerk 4 38,206 18.3683 Deputy Tax Receiver 4 34,810 16.7356 Real Property Tax Service Assistant 4 31,911 15.3418 4 28,898 13.8933 Management Positions Position Grade Salary Water Superintendent 10M 77,133 Assessor 9M 63,464 Wastewater Director 9M 70,526 Budget Officer 9M 61,526 Director of Parks & Recreation 9M 57,096 Code Compliance Officer/Zoning Adm 8M 58,429 Deputy Highway Superintendent 8M 55,141 Engineer 8M 66,994 Director Building & Codes 8M 64,424 Director of Building and Grounds 7M 56,097 Cemetery Superintendent 7M 51,056 and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 30 RESOLVED, that the Town Board further authorizes and adopts the Non-Union Salary Structure as part of the Town’s Salary Administration Program in the Town’s Employee Handbook, effective January st 31, 2011 as follows: Town of Queensbury Non-Union Salary Structure st Effective January 31, 2011 Grade Minimum Maximum 1 20,961 30,699 2 23,476 34,381 3 26,293 38,506 4 29,448 43,127 5 32,982 48,302 6 36,940 54,097 7 41,373 60,589 8 46,338 67,860 9 51,899 76,004 10 58,127 85,125 7M 41,373 61,603 8M 46,338 68,995 9M 51,899 77,275 10M 58,127 86,549 and RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to replace the current Non-Union Salary Structure with such new Non-Union Salary Structure, as well as update the Non-Union Position/Grace Schedule with the new Non-Union Position Grade Schedule (set forth as part of the salary and wage schedules) in the Town’s Wage and Salary Administration Program in the Employee Handbook, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of January, 2011 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None RESOLUTION PROMOTING RICH PARIS TO LANDFILL EQUIPMENT OPERATOR, ESTABLISHING AND APPOINTING KEITH SHEERER TO RECYCLING SUPERVISOR POSITION, HIRING KEITH BARTON AND REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 31 PAUL MENALDINO AS PART-TIME LABORERS AND CHANGING OPENING HOURS AT TRANSFER STATIONS RESOLUTION NO. 58, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, due to the impending retirement of current Landfill Equipment Operator Keith Sheerer st effective January 31, 2011, the Queensbury Town Board wishes to reorganize its staffing at its Transfer Stations as set forth in this Resolution, and WHEREAS, notice of such proposed staffing changes was provided to the Town’s local unit of the Civil Service Employees Association, and WHEREAS, upon Mr. Sheerer’s retirement, the Town Board wishes to authorize the promotion of Heavy Equipment Operator Rich Paris, to Landfill Equipment Operator, at the rate of pay of $20.57 hourly, and WHEREAS, the Town Board wishes to also establish the part-time position of Recycling Supervisor in accordance with the Recycling Supervisor position description adopted by the Warren County Department of Personnel and Civil Service, and appoint former Landfill Equipment Operator Keith Sheerer to such position, with Mr. Sheerer to work an average of 12 hours weekly at the rate of pay of $23.97 hourly, contingent upon Mr. Sheerer successfully placing on the Civil Service Exam for such position, and WHEREAS, the Queensbury Town Board also wishes to hire Keith Barton and Paul Menaldino as part-time Laborers to work on an “on-call” basis at the Town Transfer Stations at the rate of pay of $13.00 hourly, with such part-time Laborers, as well as all other part-time Laborers at the Town’s Transfer Stations, not to exceed 20 hours a week, and WHEREAS, monies for such part-time positions are available in the Town’s 2011 budget, and WHEREAS, the Town Board further wishes to amend its Transfer Stations’ opening hours from 7:30 a.m. to 7:45 a.m., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Rich st Paris from Heavy Equipment Operator to Landfill Equipment Operator effective February 1, 2011 at the rate of pay of $20.57 hourly, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes the part-time position of st Recycling Supervisor and appoints Keith Sheerer to such position effective February 1, 2011, with Mr. REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 32 Sheerer to work an average of 12 hours per week at the rate of pay of $23.97 hourly, contingent upon Mr. Sheerer successfully placing on the Civil Service Exam for such position, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Keith Barton and Paul Menaldino as part-time Laborers on an on-call basis, not to exceed 20 hours per week, subject to the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such part-time Laborers shall be paid $13.00 per hour as set forth by Town Board Resolution, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that all part-time Laborers working at the Town’s Transfer Stations shall work no more than 20 hours weekly, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the change of its Transfer Stations’ opening hours from 7:30 a.m. to 7:45 a.m., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION APPOINTING BRIAN DREITLEIN TO TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO. 59, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 33 WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Commissioner Robert Edwards expired and therefore there is a vacancy on the Commission, and WHEREAS, the Town Board wishes to appoint Brian Dreitlein as a Commissioner to serve a new, three (3) year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Brian Dreitlein to serve as a th member of the Town of Queensbury Cemetery Commission with his term to expire June 30, 2014. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION REAPPOINTING THOMAS FORD TO QUEENSBURY PLANNING BOARD RESOLUTION NO. 60, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town’s Planning Board in accordance with applicable New York State law, and st WHEREAS, Thomas Ford’s term on the Planning Board expired on December 31, 2010 and Mr. Ford has expressed his interest in reappointment, and WHEREAS, the Town Board wishes to reappoint Mr. Ford, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Thomas Ford to serve as a member of the Queensbury Planning Board until such term expires on December 31, 2017. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 34 ABSENT: None RESOLUTION APPOINTING STEVEN JACKOSKI TO QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 61, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town’s Zoning Board of Appeals in accordance with applicable New York State law, and st WHEREAS, Joan Jenkin’s term on the Zoning Board of Appeals expired on December 31, 2010 and the Town Board therefore wishes to fill such vacancy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Steven Jackoski to serve as a member of the Queensbury Zoning Board of Appeals until such term expires on December 31, 2017. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Montesi NOES : Mr. Strough, Mr. Metivier ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF ZONING BOARD OF APPEALS CHAIRMAN RESOLUTION NO.: 62, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to appoint the Chairman of the Town’s Zoning Board of Appeals for 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Steven Jackoski as Chairman of the Town’s Zoning Board of Appeals for 2011. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Montesi NOES : Mr. Metivier, Mr. Strough REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 35 ABSENT: None RESOLUTION TO REAPPOINT TOWN HISTORIAN RESOLUTION NO.: 63, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to reappoint Marilyn VanDyke, Ph.D., as its Town Historian for the year 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Marilyn VanDyke, Ph.D. as Town Historian for the Town of Queensbury for the year 2011, such appointment to be st retroactive to January 1, 2011. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON APPLICATION FOR MOBILE HOME PARK MODIFICATION FOR QUEENSBURY VILLAGE MOBILE HOME PARK RESOLUTION NO.: 64, 2011 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Ronald Montesi WHEREAS, the Queensbury Town Board previously approved the Queensbury Village Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury (Mobile Home Park) and owned by Sam Wahnon (Owner), and th WHEREAS, by letter to the Queensbury Town Clerk dated January 19, 2011, the Owner applied for a modification to the existing plan to increase the lot frontage of lot #21 from 55’ to 100’, thereby reducing the frontage of the storage lot by 45’, in order to permit tenants to store their miscellaneous vehicles on the storage lot in the Mobile Home Park, and WHEREAS, the Zoning Administrator has determined that there are no involved agencies for SEQRA purposes concerning this proposed modification, and REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 36 WHEREAS, before the Town Board may approve the requested modification, it must first conduct a public hearing, NOW, THEREFORE, BE IT th RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, February 7, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be heard concerning Sam Wahnon’s proposed modification of the Queensbury Village Mobile Home Park, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk 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 Town Clerk’s Office to send a copy of the notice to all property owners located within 500' of the subject area. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING ENERGY CONSERVATION PROGRAM AGREEMENTS BETWEEN TOWN OF QUEENSBURY & NATIONAL GRID RESOLUTION NO.: 65, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, as part of its Energy Conservation Program (Program), National Grid has reviewed the Town of Queensbury’s lighting at its Town Hall, Highway Garage and Activities Center, and WHEREAS, such Program is designed to reduce energy use, thereby cutting down on energy bills as well as reducing CO2 (greenhouse gas) emissions, and WHEREAS, by such Program, National Grid pays a share of the expense of installing new lighting up to 70%, as well as a 15% discount if the Town pays its share in a lump sum rather than paying it off interest free over up to 24 months, and REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 37 WHEREAS, the Town Board wishes to enter into three (3) Energy Savings Plan Agreements with National Grid (one for the Town Hall, one for the Highway Garage and one for the Activities Center), such proposed Agreements having been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Energy Savings Plan Agreements with National Grid substantially in the form presented at this meeting, with the Town Board electing the Lump Sum Payments on each of the Agreements as follows: 1. Town Hall Agreement (Application No.: 724644) - $5,557.76; 2. Highway Garage Agreement (Application No.: 724646) - $6,561.44; plus an additional $425 to RISE Engineering for Lift Rental Fee; and 3. Activities Center (Application No.: 724643) - $3,781.25 BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Budget Officer to arrange for payment of such sums from Capital Reserve #064 and amend the 2011 Town Budget as needed to allow for payment of expenses to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreements with National Grid and authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION TO AMEND 2010 BUDGET RESOLUTION NO.: 66, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 38 WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2010 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1110-1010 Wages 001-1110-4030 Postage 400 001-1680-4090 Training & Subscriptions 001-1680-2032 Software 1,265 001-1990-1010 Wage Contingency 001-1220-1010 Wages 1,481 001-1990-1010 Wage Contingency 001-1315-1010 Wages 7,341 001-1990-1010 Wage Contingency 001-1345-1010 Wages 133 001-1990-1010 Wage Contingency 001-1680-1010 Wages 2,275 001-1990-1010 Wage Contingency 001-3410-1010 Wages 3,231 001-1990-1010 Wage Contingency 001-3510-1010 Wages 1,313 001-1990-1010 Wage Contingency 001-3620-1010 Wages 8,280 001-1990-1010 Wage Contingency 001-7020-1010 Wages 3,710 001-1990-1010 Wage Contingency 001-8110-1010 Wages 6,590 001-1990-1010 Wage Contingency 001-7510-1010 Wages 330 001-1990-1010 Wage Contingency 001-8020-1010 Wages 660 004-1990-1010 Wage Contingency 004-5130-1010 Wages 2,050 009-1990-1010 Wage Contingency 009-8160-1010 Wages 6,990 032-1990-1010 Wage Contingency 032-8110-1010 Wages 2,560 032-1990-1010 Wage Contingency 032-8120-1010 Wages 1,750 040-1990-1010 Wage Contingency 040-8310-1010 Wages 5,150 040-1990-1010 Wage Contingency 040-8320-1010 Wages 10,800 040-1990-1010 Wage Contingency 040-8330-1010 Wages 2,450 040-1990-1010 Wage Contingency 040-8340-1010 Wages 18,200 th Duly adopted this 24 day of January, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JANUARY 25, 2011 RESOLUTION NO.: 67, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thth with a run date of January 20, 2011 and payment date of January 25, 2011, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 39 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run date of thth January 20, 2011 and payment date of January 25, 2011 totaling $1,430,149.99, 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 24 day of January, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None 5.0 CORRESPONDENCE DEPUTY CLERK O’BRIEN-The following reports are on file in the Town Clerks Office. Supervisors Report for Community Development and Building and Codes for the months of November and December 2010 and the Town Clerk and Tax Receivers Yearly Reports for the year 2010. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER ? Met with residents of Assembly Point last week regarding their concerns with storm water runoff the condition of Assembly Point Road itself. There were some good suggestions I have been going back and forth with Craig Brown on this. We could potentially hold contractors responsible for doing work that doesn’t follow the Code of Queensbury. Believes that we could actually work something out where if a company came in if we passed a Fertilizer Law and we find that they are fertilizing a property or if trees are cut down within thirty five feet of the shoreline that we can hold the contractor who does the work responsible as well as the homeowner it might prevent some of these things from going on that goes against what our code is. I don’t know if we will get there it certainly needs a lot more work talked about the use of fertilizers near the lake. It is not the end all cure all for the problems up on the lakes, but is a step in the right direction hopes that when this is passed it will do good things for the bodies of waters in Ward One. ? Working on finishing the Sunnyside Lake Aquatic Management District also moving forward with Glen Lake. Moving in the right direction with these hopefully to have one in place soon and the other one maybe by the end of year if everything goes as planned. COUNCILMAN MONTESI ? Spoke regarding the monthly meeting for Soil and Water up in Warrensburg and the report of the Enterprise parking lot noting they are putting in a diverter taking all of the water that comes down Route 9 and running it through a structure that literally turns the water through and drops the sediments down to the bottom. We removed two hundred and sixty tons of contaminated soil from the old gas station that was there they went to REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 40 Fort Edward and was burned. Schultz Construction is the company that has been doing this and Andy Black is the Archeologist that is there for the State and for us. The new structure is ten by sixteen it is twelve feet below grade it also has a by-pass system so that in a real heavy rain event it will take all of the water. This spring the parking lot will be blacktopped and landscaped. The owner of Enterprise Joe Monsour has been great to work with he has been a valuable guy and a partner with us in improving the environment of Halfway Brook. ? Spoke regarding the Receiver of Taxes yearly report COUNCILMAN STROUGH ? Spoke regarding the Town Historians monitoring of the Enterprise site due to its historical importance not only was it extremely historically important during the French and Indian War, but it was also the location of our first community. In 2012 it will be the two hundred and fiftieth anniversary of the founding of Queensbury. ? Thanked Town Historian Marilyn Van Dyke for the wonderful things that she does for this community noted some of things the Town Historian is proposing for 2011. ? Spoke regarding the Fire Marshal’s 2010 Annual Report noted that everyone should be changing the battery in their smoke detector make sure you are in accordance with Amanda’s Law regarding having a carbon monoxide detector in your house. COUNCILMAN BREWER NO COMMENT SUPERVISOR STEC ? Attended the Annual Dinner and Officer Installation for West Glens Falls Emergency Squad this weekend they wanted me to share this plague with a member that they feel has gone above and beyond with their support and dedication to their agency over the years presented Councilman Montesi with this plague. ? Attended the Warren County Soil and Water monthly meeting in Warrensburg this afternoon noting that they are recognized throughout New York State as one of the best Soil and Water Conservation District. Soil and Water has been very active in projects up on Lake George in particular they have been busy with a lot of projects on Glen Lake with the sediment catch basins also they did the dredging on Glen Lake. The Enterprise Rental Car project the sixteen by ten foot structure that was put in there is the biggest unit that they make. That outfall from the storm water system that catches stuff basically from the Burger King and that part of Aviation Mall on Route 254 to the intersection and all down Route 9 eventually gets REGULAR TOWN BOARD MEETING 01-24-2011 MTG #3 41 dumped in a single culvert into Halfway Brook right by the Enterprise Rental Car that is the single largest solution point dumping into Halfway Brook anywhere and its one of the largest point pollution outfalls in the entire County this will handle eighty percent of storm flow. It will be wonderful for the health of Halfway Brook it will be easy to clean up the Highway Department will clean it out. There was a State Grant it will come in under budget State Grant fifty percent matching. Thanked Joe Monsour the owner of the Enterprise Rental Car noting he has been fantastic to work with. ? The Highway Fuel Island Project is just about done hopefully the end of this week. In the spring when the weather is better we will decommission and remove the old tanks we already set up the capital projects funding for this. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 68, 2011 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 adjourns its Regular Town Board Meeting. th Duly adopted this 24 day of January, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury