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2011-08-08 MTG #22 TOWN BOARD MEETING MTG. #22 AUGUST 8, 2011 RES. 239-253 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER COUNCILMAN BREWER-Everybody when you go home tonight say one prayer for the Navy Seals that passed this past weekend, Team 6. SUPERVISOR STEC-And all other service members 1.0 PUBLIC HEARING NOTICE SHOWN PUBLICATION DATE: JULY 29, 2011 2012-2014 FIRE PROTECTIN SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. SUPERVISOR STEC-The Town has five volunteer fire companies and three volunteer ems companies in the town. Four of the five fire companies are on three year contracts that started two years ago and have one more year on them. The fifth company is North Queensbury Fire their contract expires at the end of this year. So, we only have the one fire company contract to worry about for next year right now. All three ems contacts are up at the end of this year and we will be working on them this fall. So, we do have one public hearing for any of the fire companies or rescue squads we do require public hearings as part of our process and the long and short of it for North Queensbury Fire is that they are coming off a three year contract. The language in the proposed contract for the next three years is identical to the language in the current contract that is going to expire at the end of this year so there is no difference in the language in the contracts and in fact the three years the fire company proposed financially they have proposed freezing their budget for the next three years at the 2011 level. So, the 2012, 13 and 14 total contract amount for the fire company will be same as it is for 2011, $329,500 dollars. So, three zeros and I think the Board feels really good about, we are pretty familiar with their finances and everyone else’s finances their fire company contract total happens to be one of the smaller amounts of the five fire companies. They happen to one of the smaller companies but, on the $329,500 is one or the smaller amounts and we are familiar with their operation and how they do business there and I think it is safe to say in this world this economy and the world of the tax cap and what not that, that the other companies that we will be dealing with in the future should not expect to be treated much better or any better than the three zero’s. COUNICLMAN BREWER-Or any different. SUPERVISOR STEC-So, I think collectively they ought to take a nod of North Queensbury’s Fire leadership here that is the wave of the future here and I am familiar with everybody’s numbers and I am kind of familiar with where Queensbury’s companies stack up around the region with other similar size fire and ems companies and I do not think anyone can argue that we are not at least funded as well as the average in the region. Frankly, I think that we are probably funded above average which means that if we need to march in place as North Queensbury Fire has proposed to do for the next three years I think there is probably room for that in the other fire companies and rescue squads as well. So, for them watching at home and we know that they do based on our last meeting, standby this is the direction that the town is going to be going and but I want to give credit and recognition where it is due. That we did not go beating on North Queensbury’s door to tell them that they needed to give us three zero’s. They came to us and they proposed the three zero’s I think the taxpayers of the Town of Queensbury ought to be made aware of that and I think they ought to appreciate that. I am sure that people will try to, some people will try to find a way to argue well, what does that mean about how much they are funded. But like I said, in the era where the price of everything has been going up lately whether there is fat in their budget or not three years of three zero’s they are going to have a lot less room for error and wiggle room in the next three years then they did in the last three years. I appreciate their vigilance on this. I know also that like any organization that has a lot of members you know finding unanimous consensus can be an allusive goal and in fact I am sure that there are probable people close to North Queensbury Fire that would argue against where they landed with the town. But, the Town Board certainly understands and appreciates that as well. Again, the bottom line is between what the State has done with their one size fits all approach to telling local governments how to budget when of course as an aside they can’t budget to save their own lives, but they are going to tell local a thousand local governments across around the State how to run a budget. That is an editorial for another day. Certainly in the climant that we are in that is what the taxpayers and the people that you protect expect. Whether they understand everything that you have got to deal with as a fire company to make it happen the bottom line is, is that they are looking at the bottom line and I am not sure if they are overly concerned with how you get there, they just are saying enough is enough. I think that the wisdom from the fire company is that they recognize that as well and they brought us this budget. It is three zero’s for the next three years, $329,500. With that said I will open the public hearing and if there are any members of the public that would like to comment on this public hearing I will call on you one at a time and when you get to the microphone just state your name and address for the record, please. Mr. Salvador MR. JOHN SALVADOR-I am a resident in North Queensbury. Mr. Supervisor before I make my comments I think we are entitled to some kind of a short report from the fire company. Just, a record of their performance, fore instance, how many service runs do they make in the area, what type of runs are they, we have traffic accidents, we have weather related emergencies, structural fires. I would like to hear what is the incidents of each one of these runs. We are also involved in mutual aid with other towns. I am wondering what the incidents of that aid is? Maybe we could take a few moments to hear from them Mr. Stec? SUPERVISOR STEC-Sure. Is there any other public comment on this public hearing? Does the fire company want to give us a brief synopsis of what you have been up to on the with the, how you have been spending our $329,000? The boat that you bought you did have the Town Board’s approval, I do recall that. You did get that by resolution and did you have any difficulty in following that process? MEMBER OF THE FIRE COMPANY-Not a bit. SUPERVISOR STEC-I did not think it was complicated. I digress, gentlemen. DAN DAVIES-ASSISTANT CHIEF NORTH QUEENSBURY JOHN SHAHAY-CURRENT PRESIDENT JOHN HODGKINS-TREASURER OF NORTH QUEENSBURY SUPERVISOR STEC-Call volume for the year typical and what do you see in overall trends? MR. DAN DAVIES ASSISTANT CHIEF-Typically we run between a hundred and thirty and a hundred and eighty calls a year it depends on that particular year. We handle typically twenty five water emergencies during those times where the call for the boat, usually around ten motor vehicle accidents, probably about thirty percent of it is EMS assists. We are fifty four members when we were here three years ago we had thirty eight members so, we are pretty proud. We have fourteen EMT’s in the department so basically we respond to any priority one ALS or BLS call in our district with first response. We do handle, we are capable of extricationand motor vehicle accidents, we do water rescue, ice rescue, structural fire fighting. We probably answer about twenty alarms a year, mutual aid sometimes twenty non water emergencies mutual aid, the remainder within our district. Guys are cross trained on all platforms. We have had for instance this year three or four calls up on the trail head there up on Pilot Knob the nature preserve or nature conservancy trail. So, we have to be capable of doing all things. Things this time of year usually the call volume swells where we do twenty, thirty calls during the winter time it slows down substantially. COUNCILMAN MONTESI-Dan, the mutual aids more specific to Fort Ann or Lake George? MR. DAVIES ASSISTANT CHIEF-Probably we do more mutual aid to Lake George then to Washington County, typically. But, when we need assistance they come to us to. We depend typically on Lake George, Bay Ridge and Pilot Knob if we do ask for help. We are very fortunate too that a lot of our people own their own businesses and day time response is very good. A lot of mutual aid companies depend on us for that because we can get off the floor. SUPERVISOR STEC-In the last three years though your membership has gone from thirty eight to fifty four? MR. DAVIES ASSISTANT CHIEF-Thirty eight members to fifty four. SUPERVISOR STEC-That is wonderful. That bucks the State trend. MR. DAVIES ASSISTANT CHIEF-We have no problem with membership. SUPERVISOR STEC-For no pay. MR. DAVIES ASSISTANT CHIEF-No pay. SUPERVISOR STEC-Seven hundred dollars a year if you get your points toward the retirement program. MR. DAVIES ASSISTANT CHIEF-Correct. SUPERVISOR STEC-It is a wonderful bargin. MR. JOHN SHAHAY PRESIDENT-We had to have a meeting of our by-law committee and actually our by law stated that when our charter was signed it was fifty members we had to increase that and make a bylaw change to allow three people that were waiting out in the wings to become members. We are very fortunate. COUNCILMAN BREWER-You changed it to fifty three or fifty four or? MR. SHAHAY PRESIDENT- Fifty five. Another good thing to, the average age is, in there is on the young side too. There are still some seniors but the SUPERVISOR STEC-By law we do not worry about that, John. But, if you need to come to my house send Dan in or three Dan’s. COUNCILMAN STROUGH-An interesting coincidence this morning I was doing some work up to The Fund For Lake George and I will talk about that later, not here, but they went out of the way to tell me they went out of the way to tell me about the volunteers of North Queensbury Fire, like you don’t enough to do, also volunteered in the effort for Fund for Lake George cleanup. They were very thankful of your efforts there. I just wanted to share that with you because that was the buzz in the office in the Fund For Lake George the work and the effort that the volunteers of North Queensbury Fire gave to the clean up Lake George effort. I will thank you to. SUPERVISOR STEC-That reminds me I was talking with some of the folks from the Funds for Lake George and the LGA about the Asian clams and I know that Dan, you had talked to I think Walt Lander about this as well. One of the bigger challenges that they have as far as quick response and a meaningful response to the current crisis on the lake with this invasive species with the second population that was found a little further north in Boon Bay. Is that while they went out and they done a quick survey. I will call it, of the southern end for the most part of Lake George looking for populations of this, they have not done a complete through or as through as they would like lake wide survey looking for these populations. Part of the challenge in that is dive time and dives cost money. So, I put one and one together, I know that you have got, you are part of a dive program a county wide dive program and I suggested to him and I think you had an informal hey, next time you guys are out just keep you eyes open and let us know. I mean knowing that you have training requirements for diving you know if there is a way to marriage the training requirements with a real mission.. Hey, do a grid search this is what you are looking for you know and while you are looking so the training value that comes out of looking for these little clams for a real life we have got to save Johnnie some day that while you are getting the training value for that you also could potentially be helping out and saving a ton of money. Because, I am familiar with how much you know, this is costing and how much it is costing Lake Tahoe for ignoring it eight years ago and now they have got two hundred acres where we have only got ten acres. They are over run they will never recover Lake Tahoe they will not recover from the Asian Clam issue. Whereas, we are in a position where we can maybe crush it if we catch it early enough. Anyways, you are already doing a lot of stuff beyond your initial scope, this might be something and again it is really easy for us to say sit here and volunteer more of your time, but if you need water time, dive time you know training time in the water you might want to formulize something. You have got to pick a stretch of lake to go search coordinate a little bit with the Fund or the LGA and say where would you like us to go look and rather than having you guys in the water maybe over same stretch of bottom that they have already looked at three times, they might say gees you know if we had divers available to us we would ask them to go up there you know killing two birds with one stone. I throw that out there just you know it is not really relevant to tonight’s public hearing. MR. DAVIES ASSISTANT CHIEF- I have had that conversation with both Walt and Kathy Bozony, we talked about doing at least to start with part of our district because we can do …let operations and it is a lot quicker than if you are swimming where you are actually being towed by a boat and we can cover larger swaths. When we did the clean up on Saturday we kind of did big pendulum searches and did huge three hundred foot swaths at a time and picked up a truck load of garbage at that time. When we were training but also picking up garbage at the same so it was a great training…we are going to do the same thing with the clams. SUPERVISOR STEC-That is great. Public Hearing is still open Mr. Salvador did you want to come back and ask some of your follow up questions then? MR. SALVADOR-I think we should take a real close look at this mutual aid situation. I think a lot of it is probably necessary in fact it is a long way from the Village of Lake George all the way up the east side of the lake to a place like Antigua in that area where the Town line is. Surely we are a lot closer in North Queensbury than the Village of Lake George. I know the Town of Lake George has contracts with other neighboring towns for fire services. They have formed fire districts for this purpose maybe that is something we should come to, to cover our costs. Put this in a category with the North Queensbury EMS services to the Pilot Knob area Mr. Stec. You were working on that? SUPERVISOR STEC-I wrote a letter and as we get closer to budget time I will probably write another letter to Supervisor Hall. MR. SALVADOR-Only one letter, Mr. Stec? SUPERVISOR STEC-John, you know what, there is a lot of other business around here besides your agenda. COUNCILMAN MONTESI-John, I also spoke to the Attorney representing Fort Ann for the Town and just asked him to keep in mind the letter that Dan wrote. SUPERVISOR STEC-Anything else? MR. SALVADOR-Yes. I foiled the financial statement for the North Queensbury Volunteer Fire Company for the years 2009-2010 and I noticed that in the category of depreciation which I continue to maintain is a not a valid operating expense. They have increased their depreciation in one year from one hundred and seven thousand to one hundred and seventy thousand, one hundred and seventy one in fact. That is a sizable amount of money for an incremental cost. COUNCILMAN METIVIER-The boat and the truck I am sure them depreciated.. SUPERVISOR STEC-They are two major purchases. COUNCILMAN METIVIER-more in the first few years than it does in the last years. MR. SALVADOR-But, not as an operating expense. I can understand depreciation, but not as an operating expense that is my point there. I would like to continue. I also foiled from the fire company itself their tax returns for 2010. I noticed on here a couple of things I would like to comment on. Number one, they had investment income in the year of 2009 they had a little over twelve hundred dollars almost thirteen hundred dollars in investment income. In the year 2010 they had thirty five thousand dollars in investment income. They hit the lottery? That is a lot of money, number one increase in one year and in any case you know if they are only getting three percent on their money that’s a million dollars they have invested someplace, bank accounts, or what is it? A sizeable amount of money that I think should be looked at. The other big question I have is the IRS requires the volunteer fire company to report their revenue. They have two categories of revenue that the fire company can report in. One of them is called contributions and grants and the other one is called program service revenue. The tax return shows that they have absolutely no income from what is called program service revenue. I maintain that is their contract with this town. It is a program service. On the other hand they have put every dollar that they get from this town into a category they call a contribution and a grant. You are not allowed to contribute, make grants for this sort of thing. You have a contract with them for service. I believe those numbers belong on line 9 program service revenue. I intend to take this up with the IRS. I do not think that is correct what they are doing in reporting. That is all I have to say, thank you. By the way their auditor that you have hired, their auditor that you have hired is saying that you have the authority to make a contribution that is a violation of the State constitution and your auditor ought to know that. The auditor has prepared this income tax return, a conflict of interest I believe. SUPERVISOR STEC-Is there anyone else that would like to comment on this public hearing? Seeing none I will close the public…all right MR. JOHN HODGKINS TREASURER-John has brought these up before I have heard them at meetings as I thought I could straighten out a few of them. You are going up, he keeps on bring up the depreciation factor and all that, its general accepted accounting principles, GAAP accounting principles they use in there and I agree with him it’s a non cash item it comes out of expense but that’s how the accounting works and puts through and this is the laws of the accounting to work through. Obviously the depreciation factor did increase because we purchased a truck and a boat and those are both and those are both now being depreciated for one year you go from one hundred and seven to one hundred and seventy thousand so that make a major difference. The other item you brought up was the investment income, well the investment income of thirty five thousand was the sale of the equipment we did we sold our other apparatus. We sold two trucks and replaced them with one. That was one reason we were able to keep our budget in line here. So, the sale of those trucks was replaced and that money was put toward the materials and into the new truck. So, that was thirty five thousand and that is recorded as that number. As far as how they are assigning the contribution I really do not have a comment on that, I assume that the accountants are going to do the best and as we are not the ones that contract with the organization that put that together but I see no flaw in how they are coming out one way or the other it comes out with the same number. But, the this is again we are going at general accepted accounting principles and I think the Ross Rigby does a good job at all those across the board. I do not think there has been anyone complaint on those. Those are the items, I think that was all the items that you were looking at right there. You might question my answers but that was where it came up, the truck came up. We have one other item we just want to bring up and this is not about our contract this just happened to be a meeting item that came up with some of the members and when it came up with the ems discussion. Some of the members are concerned on the bill for service and the ems when it goes to a member of the fire company. Their concern is a lot of our members are going out on these calls we do EMS assists all the time or a lot of our members are trained for this tack and they go out on these calls day and night and all of a sudden themselves or a member of their family goes out they have all a sudden a couple weeks later get a bill for eight hundred and something dollars in the mail. That is one thing but the next thing they are harassed for another umpteen weeks somebody saying you are a dead beat not paying your bill. I guess what we are looking for the members are looking for is some kind of a reaction from the Board something the Board might be able to do. Take some consideration for all members of the volunteer community when they are in this light. It is kind of hard to sit there and say you are getting up at two o’clock in the morning to help somebody out when they come and help you have got to go pay a bill, you know you are getting doubled whammed for that. It is a concern some people are kind of testy about it at this point because it is a big bill when you come see it. COUNCILMAN BREWER-As it is for everybody else. MR. HODGKINS TREASURER-It is but they are the ones going down and doing the work it is kind of like you do the service and then they bill you for, you double bills for it. It is just one, I do not know if there is a way you can solve it if it is simple enough as a, if that happens the phone call goes in and say look don’t bill these people for this or however. I am not suggesting how it should be done we are just saying the concern out there. SUPERVISOR STEC-It has been my experience in the twelve years as much as that might make sense to you and I personally or to you as a private citizen or as a private business owner bottom line is that this is not up to just the whim of the five of us and what do we think is right we have taxpayers to answer to we have municipal law to adhere to we have got people that would be very quick to jump down our throat and start saying that is a violation of the State Constitution because you are giving away a gift. We get it all the time, we got it two minutes ago. MR. HODGKINS TREASURER-Well, if my understanding is the, what everyone has been told is a soft bill situation. SUPERVISOR STEC-And it is. MR. HODGKINS TREASURER-And again it is more of a you know it is more a slap in the face type thing and you can understand how someone who is, we got some members that put a lot of effort into making calls on people that need their assistance. They make calls on people that are in this room here. CONCILMAN MONTESI-John, let me ask you a question let’s assume that we want to finesse that and do that, how would you make a list for the billing company because we do not do the billing we contract with a company. How would you make a list that would be effective enough? In other words I mean, would I say every single member of the fire company and the ems in the Town of Queensbury all companies all five fire companies would be exempt? MR. HODGKINS TREASURER-One of our members had a actually I think it was Chief Baertschi had an idea and instead of going that way when you go put all these, when a call has happened and somebody has to make a report at that point, we made a call on a fireman it goes from there, however you do it, it stops at that point. I am not suggesting how to do it and I think it is open for discussion. I am just saying what the concern is. I hope the Board can work on it. COUNCILMAN MONTESI-It could you know you have a couple of other things to consider, did they have insurance to cover that? Well, I do not know. In other words if family had insurance and it wasn’t going to come out of their pocket should we walk away from that, again I do not know the answer to that. Is it firemen or is it the fireman’s family and children? MR. HODGKINS TREASURER-Those are all questions I am not, I am opening it up for discussion I am saying what the concern is. I mean, there are some people, some insurance people might say there is a little double indemnity here. Again that is beyond the point. I am not suggesting, I am saying what the concern is. I hope that the workshop can sit down and the Board can say hey, do we have some ideas or maybe reach out and find out if somebody has got some ideas. I am not walking in here with an idea saying to do it, I am saying what the concern is. SUPERVISOR STEC-Well, I was going to say it has been several years since we set this up and while we did not think of every potential what if scenario seven or eight years ago when we did this. I know that we discussed this one then, but I am not opposed to asking our Attorney and that is who we are going to rely on. We are going to rely on our professional he is the one that has the towns interest in mind and the legal expertise to give us that answer. We will ask him I kind of think I know what he is going to say but you know the worst thing I could do is ask him hey what is the answer here this is the thought that is out there is there a way to get there that passes the legal muster and the smell test. We understand your point but the thing is, this isn’t Joe’s Auto Body where we can do whatever we want, this is the taxpayer and this is the government and we have rules and you know I mean, there is people, why is it that way? Because that is the law, that is why. COUNCILMAN BREWER-Let just try to see if we can get there. SUPERVISOR STEC-I will ask. MR. HODGKINS TREASURER-I am looking for a way to reach out I mean at some point you got to be able to come up with some kind of solution because you can understand their position. Are there any other questions we can answer? SUPERVISOR STEC-Thanks. COUNCILMAN MONTESI-John I can agree with you on when you talk about the contribution the grant the program service whether it is one or the other someone raised a constitutional issue but it doesn’t change your audited statement. MR. HODGKINS TREASURER-I do not think anything changes at all in fact going through the audit it was fairly complete. I think we went through the audit clean we did not have any incidents of anything that came up any questions as we had been for a number of years that way. So, it was pretty smooth, I understand the comment coming on depreciation but that can be said anywhere. Depreciation is a non cash item it falls in there it doesn’t really, it doesn’t really follow through if you look at our, if you look at someone’s budget it is hard to follow through a budget when you through a depreciation on top of it. But, on the other hand if you think about it a truck is wearing out or a piece of equipment is wearing out at a certain pace and maybe we should be looking closer at it when we are time limit of financing things. I think one of the things North Queensbury has done well for the last twenty years, long before I came there was taking a shorter duration loans and paying for it because we all know that we have five or six major pieces of equipment and they wear out in a twenty five year thirty year period. That means every five years you are replacing a piece of equipment. You take out a fifteen or twenty year loan that just seems it does not make sense, financial sense you are paying a higher rate and then you got loans on top of loans. I think that is one thing the company has done well and they have done well for a long time. Again, long before I came there … SUPERVISOR STEC-Well, thank you, thank you both. Ok. The public hearing is closed (7:41PM) I will entertain a motion to approve it. RESOLUTION APPROVING 2012 - 2014 FIRE PROTECTION SERVICE AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 239, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the North Queensbury Volunteer Fire Co., Inc., have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town th Board duly conducted a public hearing concerning the proposed Agreement on Monday, August 8, 2011 and heard all interested persons, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the North Queensbury Volunteer Fire Co., Inc., for the years 2012- 2014 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR (Limit 4 Minutes) MR. PLINEY TUCKER-41 Division Road West Glens Falls, Queensbury Councilman Brewer have you decided what you will be paving this year? COUNCILMAN BREWER-I have not, the Highway has not given me a list yet. MR. TUCKER-I served two terms on the Board and the Councilmen picked the roads he wanted paved in his area not the Highway Supt. COUNCILMAN BREWER-He is the one responsible for the roads and for as long as I have been here there has always been a rotation in the computer of a list and they look at every road in the Town every ten years if it needs to be paved they pave it, that is the way we have been doing it. If there are road a Councilman suggests certainly the Highway Superintendent looks at them. I like to see what he has in mind and then I throw my two cents in. MR. TUCKER-Asked that the road to the park be paved from the two houses on the road …from the gate at the park to the good road … COUNCILMAN BREWER-I will speak to the Highway Supt. tomorrow. MR. TUCKER-Questioned Resolution 3.9 Justice McNally what is that about SUPERVISOR STEC-Judge McNally turned in his calendar that is required of appointed and elected officials reporting their time. MR. TUCKER-Questioned 3.10 Frank Antos Marriage Officer SUPERVISOR STEC-Mr. Antos was the marriage officer he asked to be reappointed… He is allowed to perform marriages in the town, term to expire on 8-8-2015. MR. JOHN SALVADOR-RE: Town Roads – Dunhams Bay Road needs repair work, the Highway Supt. said it will be this year. It is the only one way road in Town. I have asked the Highway Supt. before he does anything about paving that road we need to see a plan, the scope of work, the road needs more than a top coat it needs construction. …Problem with site plan work Assembly Point Area there is a discrepancy between what the Town Planning and Zoning people feel are names and locations of the road and what the Highway Supt. has inventoried as town roads. Problem-Assembly Point Road and New Assembly Point Road and Old Assembly Point Road, the Highway Supt. inventory of roads there is no such road as Old Assembly Point Road and yet there is a road sign up there. The inventory of road includes something called New Assembly Point Road and there is no such sign it just says Assembly Point Road. Mr. Hatin has assigned 9ll locator numbers in accordance with the road signs you see up there, they are all wrong. Noted he has had problems with people finding us with GPS, using the mailing address of Lake George there is no such road. Regarding Old Assembly Point Road the Highway Supt. is paving and maintaining 250’ of road that was previously abandoned by the Town… MR. HAL HALLIDAY-North Queensbury Resident - Speaking as a resident of Queensbury-I do operate a business in the Town of Queensbury, I really appreciate the openness that this Board has and viewing on TV. I as a resident and businessman appreciate what you are doing, I think you have the patience beyond a saint to do some of the things that you do in this room and I just wanted to say thanks. Anyone that I have called here anyone I have e-mailed or asked a question you have always been up front with me. I have had really good luck with your departments. I think once in a while you need to hear that you are doing a good job. I know sometimes the only people that have time to come in here are the people that have nothing else but complaints but I as one citizen really get tired of it. I wish there was a rule that if you come up to this table and complain more than three times you would have to get on a Town Board, or a fire company or a zoning or planning committee to find out what we really do, because I do not think some people have any idea what it is like. I just wanted to say thank you I appreciate it as one person and please keep up the good work. SUPERVISOR STEC-Thank you Hal, appreciate that. MR. FRANK COTTONE-Genesta Lane-I live on the lake and I wanted to get information on the proposed tax for the treatment of the lake. I am a Tea Party person and those kind of things scare me. I do not want to give you guys anymore power to tax, don’t take it personal. I would like to come in and look at the proposal. SUPERVISOR STEC-You can get a copy of that from the Town Clerk’s Office. COUNCILMAN BREWER-Keep in mind that this is something the Glen Lake Association asked of the Town. MR. CATTONE-I know but that is their ignorance, I do not think that they should be doing that. 3.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2012 RESOLUTION NO. 240, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sanitary Sewer District Benefit Tax Roll for 2012 as presented at this meeting, NOW, THEREFORE, BE IT nd RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 22, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2012 Route 9 Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY – QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2012 RESOLUTION NO. 241, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2012 as presented at this meeting, NOW, THEREFORE, BE IT nd RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 22, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2012 South Queensbury – Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST QUEENSBURY – SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2012 RESOLUTION NO. 242, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed West Queensbury Sanitary Sewer District Benefit Tax Roll for 2012 as presented at this meeting, NOW, THEREFORE, BE IT nd RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 22, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2012 West Queensbury Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town’s bulletin board and publish in the Town’s official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHARLIE VROOMAN’S APPLICATION FOR PLACING A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT RESOLUTION NO.: 243, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Charlie Vrooman has filed an “Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to replace his mobile home with a new, 2012 mobile home on his property located at 44 Pinello Road in the Town of Queensbury, and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT nd RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August 22, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Charlie Vrooman’s Application for Placing a Mobile Home Outside of a Mobile Home Court concerning his property situated at 44 Pinello Road in the Town of Queensbury and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF MATERIALS AND REPAIR OF TOWN HALL ROOF RESOLUTION NO.: 244, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to authorize an advertisement for bids for the purchase of materials and repairs of the Queensbury Town Hall roof in accordance with bid documents and specifications to be prepared by Vision Engineering, LLC and to be on file with the Town’s Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the purchase of materials and repair of the roof at Queensbury Town Hall, in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6336 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 245, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Homes and Community Renewal HOME programs to cover eligible project costs, and WHEREAS, a single family property Case File #6336 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceed twenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5) years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6336, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of August, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTY OWNED BY GARY AND SUSAN HIGLEY FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO COMMERCIAL INTENSIVE (HC-INT) RESOLUTION NO.: 246, 2011 INTRODUCED BY : Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by Gary and Susan Higley to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 302.7-1-50 and located south of Quaker Road and east of Glenwood Avenue, Queensbury from Medium Density Residential (MDR) to Commercial Intensive (HC-INT), and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2011 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Ordinance and Map to reflect such proposed rezoning, 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 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on nd Monday, August 22, 2011 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 2011 to amend the official Town of Queensbury Zoning Ordinance and Map whereby property bearing Tax Map No: 302.7-1-50 owned by Gary and Susan Higley would be rezoned from Medium Density Residential (MDR) to Commercial Intensive (HC-INT), 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 the petition 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 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 8 day of August, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONTESI-Gary have you talked to the neighbors? Mr. Higley-Yes I have. RESOLUTION APPROVING REVISED GRANT AWARDS FOR CASE #6287 IN CONNECTION WITH TOWN OF QUEENSBURY NEIGHBORHOOD HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE HOMES AND COMMUNITY RENEWAL HOME PROGRAM #20073216 AND NEW YORK STATE AFFORDABLE HOUSING CORPORATION (AHC) #7J27 RESOLUTION NO.: 247, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State HOME Program (HOME) to cover eligible project costs, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation (AHC) Program to cover up to 60% of eligible project costs, and WHEREAS, a single family property Case File #6287 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and funds were approved via Resolution 129.2011 through the Town of Queensbury Housing Rehabilitation Program using HOME 20073216 and AHC 7J27 funds for a total of up to Twenty-five thousand dollars and no cents ($25,000.00), and WHEREAS, property rehabilitation specifications have been provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified was Twenty-four thousand two hundred fifty dollars and no cents ($24,250.00), and WHEREAS, additional work will be required to address structural concerns and a failed septic system, and WHEREAS, selected items have been deleted from the low bid to complete the work otherwise specified plus structural items for a total of Twenty-three thousand two hundred fifty dollars and no cents ($23,250.00), and WHEREAS, an engineer has estimated that the costs of a replacement septic system for this particular property could be as high as Eight thousand dollars and no cents ($8,000.00), and WHEREAS, engineered specifications to replace the non-functioning septic system will be provided to at least three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, the homeowner does not have the ability to repay a loan for required improvement costs beyond the $25,000.00 grant amount previously approved, and WHEREAS, the homeowner is eligible to receive a grant for greater than $25,000.00 from the NYS HOME Program and the NYS Affordable Housing Corporation Program upon Town Board approval, and WHEREAS, funds are available from the NYS HOME Program and the NYS Affordable Housing Corporation Program grant awards provided to the Town of Queensbury, and WHEREAS, a lien will be filed against the property for the benefit of the Town and the NYS Affordable Housing Corporation Program for a period of five years and ten years, respectively, from the completion of the rehabilitation, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a Grant for Case File #6287, Queensbury, New York, in the amount not to exceed Thirty-one thousand two hundred fifty dollars and no cents ($31,250.00) using NYS HOME Program and NYS Affordable Housing Corporation Grant funds, and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute a Grant Award Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of August, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION REGARDING STANDARD WORKDAY AND REPORTING FOR HON. ROBERT P. MC NALLY RESOLUTION NO.: 248, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 222 of 2010, the Queensbury Town Board reported days worked to the New York State and Local Employees’ Retirement System for certain employees based on the record of activities maintained and submitted to the Town Clerk, and WHEREAS, by Resolution No.: 9 of 2011, the Town Board established the standard workday for Town Elected and Appointed Officials at six (6) hours for the New York State and Local Employees’ Retirement System, and WHEREAS, the Town Board now wishes to report days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by Hon. Robert P. McNally, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reports the following days worked to the New York State and Local Employees’ Retirement System and authorizes and directs the Town Clerk to take any actions necessary to effectuate such reporting: ELECTED OFFICIAL EMPLOYER STANDARD RECORD OF DAYS/MONTH WORK DAY TIME WORKED (BASED ON SAMPLE TITLE NAME (Hrs./day) TERM BEG/ENDS WORKED OF ACTIVITIES) Y/N AVERAGE WEEKLY HOURS Town Justice Robert P. McNally 6 hrs. 1/1/2011-12-31-2014 Y 31.04 SS# 9970 Reg. # 40332504 th Duly adopted this 8 day of August, 2011 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION REAPPOINTING FRANK ANTOS AS MARRIAGE OFFICER RESOLUTION NO.: 249, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 356 of 2007, the Queensbury Town Board reappointed Frank Antos as a Marriage Officer to perform marriage ceremonies within the Town of Queensbury in accordance § with New York State Domestic Relations Law 11-c and any other applicable laws, and WHEREAS, Frank Antos’ term as such Marriage Officer recently expired and Mr. Antos has requested reappointment, and WHEREAS, the Town Board wishes to reappoint Frank Antos as a Marriage Officer in accordance with State law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Frank Antos as a Marriage Officer to perform marriage ceremonies within the Town of Queensbury in accordance with New York State § Domestic Relations Law 11-c and any other applicable laws, and BE IT FURTHER, RESOLVED, that Mr. Antos will not receive a salary or wage from the Town of Queensbury, but in accordance with State law, he may accept and keep up to seventy-five dollars ($75) for each marriage at which he officiates, paid by or on behalf of the persons married, and BE IT FURTHER, th RESOLVED, that Mr. Antos’ term as Marriage Officer shall be effective from August 8, 2011 th through August 8, 2015 unless he is removed from his appointed office by the Town Board on 10 days written notice. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONTESI-Noted he had spoken with Mr. Antos and he has no problem doing gay marriages. TH RESOLUTION APPROVING AUDIT OF BILLS - AUGUST 8, 2011 RESOLUTION NO.: 250, 2011 INTRODUCED BY: Mr. John Strough 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 rdth with a run date of August 3, 2011 and a payment date of August 9, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of rdth August 3, 2011 and a payment date of August 9, 2011 totaling $414,832.91, 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 8 day of August, 2011, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 251, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-8020-4711 Reimb Engineering 20,000 001-1620-1010 Wages 001-1620-4155 Contracted Temp Pers 2,000 Increase Revenue 001-0000-52680 Insurance Recovery 2396.20 Increase Appropriation 001-5132-4070 Bldg. Repairs 2396.20 th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 252, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Aquatic Vegetation of Glen Lake Survey Report prepared by Allied Biological identified invasive species in the Lake with major concern focused on Eurasian water milfoil and Curly- leaf Pondweed, and WHEREAS, the Queensbury Town Board (the "Board") is considering forming the Glen Lake Aquatic Plant Growth Control District (the "District") in accordance with Article 12-A of New York Town Law for the purpose of controlling milfoil and other non-native, invasive aquatic plant species in Glen Lake, and WHEREAS, the Glen Lake Protective Association, on behalf of its members, requested that the Town Board form such a District, and WHEREAS, the Town Board adopted Resolution No.: 411,2010 authorizing the preparation of a Map, Plan and Report for the purpose of analyzing the formation of the District, and WHEREAS, a Map, Plan and Report (the “Map, Plan and Report”) has been prepared by VISION Engineering, LLC, concerning the proposed District, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report describes the boundaries of the proposed District, the proposed aquatic plant control plan and method of operation, the maximum amount proposed to be expended for the plan, and the cost of the proposed District to the typical property and, if different, the typical one or two family home, and the proposed method of financing to be employed, if any, and WHEREAS, establishment of the proposed District has been determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA) and a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District; NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Water District are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the southerly or easterly shore of the Glen Lake outlet at the northwesterly corner of the lands of Daniel Brown being tax map parcel 289.7-1-41; thence running along said lands of Brown in an easterly, southeasterly and southwesterly direction to the most northeasterly corner of tax map parcel 289.7-1-43 owned by Stephen A. Loschiavo; thence running southeasterly along the easterly bounds of said tax map parcel 289.7- 1-43 and along a portion of the easterly bounds of 289.7-1-44 to the northwesterly corner of parcel 289.7-1-51; thence running easterly along the northerly bounds thereof to the northeasterly corner thereof and also on the westerly bounds of Tee Hill Road; thence running southerly along the westerly bounds of Tee Hill Road, crossing Reardon Road and continuing to the southeast corner of parcel 289.7-1-6; thence running in a southwesterly direction along the southerly bounds of parcel 289.7-1-6, parcel 289.7-1-7, and a portion of parcel 289.7-1-8 to the northeast corner of parcel 289.7-1-31; thence running southerly along the easterly bounds of said parcel 289.7-1-31 and the easterly bounds of parcel 289.7-1-10, along the easterly bounds of parcel 289.7-1-11 and the easterly bounds of parcel 289.7-1-12 to the southeasterly corner thereof; thence running southwesterly along a portion of the southerly bounds thereof to the northeast corner of parcel 289.11-1-39; thence running along the easterly and southerly bounds of said parcel 289.11-1-39 to the southwesterly corner thereof in the easterly bounds of Reardon Road; thence running southerly along the southeasterly bounds of said Reardon Road to the most northerly corner of parcel 289.11-1-36; thence running southeasterly and southwesterly along the outer bounds of said parcel 289.11-1-36 to the southwesterly corner thereof in the easterly bounds of said Reardon Road Extension; thence crossing said road running northwesterly to the southeasterly corner of parcel 289.11-1-36; thence running along the southerly bounds thereof to the southwesterly corner of parcel 289.11-1-36 at or near the northeasterly corner of parcel 289.11-1-33; thence running southerly along the easterly bounds of parcel 289.11-1-33, parcel 289.11-1-29, parcel 289.11-1-28, parcel 289.11-1-27, parcel 289.11-1-26, parcel 289.11-1-25, parcel 289.11-1-24 and a portion of parcel 289.11-1-23 to the northwesterly corner of parcel 289.11-1-59.311; thence running easterly along the northerly bounds of said parcel 289.11-1- 59.311 to the northeasterly corner thereof in the westerly bounds of Barber Road; thence running southerly along Barber Road to the southeasterly corner of parcel 289.11-1-12.2; thence running westerly along the southerly bounds thereof to the southwesterly corner thereof in the easterly bounds of parcel 289.11-1-13; thence running southerly along the easterly bounds thereof to the southeasterly corner thereof; thence running westerly along the southerly bounds thereof to the northeasterly corner of parcel 289.11-1-9; thence running southerly along the easterly bounds thereof to Barber Road; thence running westerly along Barber Road to the northwesterly end thereof; thence southerly along the westerly end thereof to the southwesterly corner thereof; thence running easterly along said Barber Road to the northwesterly corner of parcel 289.11-1-1; thence running easterly and southerly along the bounds of said parcel 289.11-1-1 to the southeasterly corner thereof and the northwesterly bounds of parcel 289.15-1-42; thence running easterly to the northeasterly corner thereof; thence running southerly or southwesterly along the southeasterly bounds thereof to the most southerly corner thereof; thence running northerly along the southwesterly bounds thereof a short distance to the northeasterly corner of parcel 289.14-1- 27.2; thence running southwesterly along the southeasterly bounds thereof the most southerly corner hereof, at the northeasterly corner of parcel 289.14-1-21; thence running southeasterly and than southwesterly along the bounds of said parcel 289.14-1-21 to the most southerly corner thereof; thence running northwesterly along the southwesterly bounds thereof a short distance to the southeasterly corner of parcel 289.14-1-12; thence running southwesterly along the southerly bounds thereof a short distance to the northeasterly corner of 289.14-1-30.2 at or about the northerly end of Fitzgerald Road; thence running southwesterly along the northwesterly bounds of said Fitzgerald Road to the intersection of Mannis Road at the southeasterly corner of parcel of 289.18-1-12; thence running southwesterly and westerly along Mannis Road to the southeasterly corner of parcel 289.18-1-7; thence running westerly and southwesterly along the southerly bounds of parcel 289.18-1-7, parcel 289.18-1-6, parcel 289.18-1-4, parcel 289.18-1-1, parcel 289.17-1-49, parcel 289.17-1-48 to the most southerly corner of said parcel; thence running southeasterly along the southeasterly bounds of parcel 289.17-1-47, parcel 289.17-1-46, parcel 289.17-1-45, parcel 289.17-1-44, parcel 289.17-1-43 to the southeasterly corner thereof; thence running northwesterly along the southwesterly bounds thereof to the northeasterly corner of parcel 289.17-1-42; thence running southerly along the easterly bounds thereof to the southeasterly corner thereof; thence running northwesterly along the southerly bounds thereof to the most easterly corner of parcel 289.17-1-41; thence running southwesterly along the southeasterly bounds thereof to the corner of parcel 289.17-1-40; thence running southerly along the easterly bounds thereof and along the easterly bounds of parcel 289.17-1-51 to the southeasterly corner thereof; thence running westerly along the southerly bounds thereof a short distance to the northeasterly corner of parcel 289.17-1-52; thence running southerly and westerly along said parcel 289.17-1-52 and along the southerly bounds of parcel 289.17-1-53 to a point in the northeasterly bounds of Niagara Mohawk Power Corporation or National Grid; thence running northerly, southwesterly along said lands to a point in the easterly bounds thereof at the most southerly corner of parcel 289.17-1-1.2; thence running northerly still along the easterly bounds of said lands of Niagara Mohawk Power Corporation and along the southwesterly bounds of parcel 289.17-1-1.2, crossing Birdsall Road and along the southwesterly bounds of parcel 289.17-1-1.5 to a point in the westerly bounds thereof; thence leaving lands of Niagara Mohawk Power Corporation running in a northeasterly and easterly direction along the northerly bounds of parcel 289.17-1-1.5 to the most southwesterly corner or southerly corner of parcel 289.17-1-24; thence running northerly along the westerly bounds of said parcels 289.17-1-24, parcel 289.17-1- 23, parcel 289.17-1-22, parcel 289.17-1-20 to a point in the easterly bounds of said lands of Niagara Mohawk Power Corporation; thence running northerly along the easterly bounds thereof and the westerly bounds of parcel 289.17-1-18 and crossing the inlet to Glen Lake and continuing along the westerly bounds parcel 289.17-1-18 to a point in the southerly bounds of Ash Drive at the northwesterly corner of said parcel 289.17-1-18; thence running easterly along Ash Drive to the northeasterly corner of parcel 289.17-1-18; thence running northeasterly crossing said Ash Drive to the most southwesterly corner of parcel 289.17-1-3 and the most southerly corner of lands of Warren County; thence running northerly along the easterly bounds of said lands of Warren County to a point in the southerly bounds of Glen Lake Road at the northwesterly corner of parcel 289.13-1-38; thence running easterly along the southerly bounds of Glen Lake Road to its intersection with Birch Road; thence running southerly along the westerly or southwesterly bounds of Birch Road to the most southwesterly corner thereof in the northerly bounds of parcel 289.13-1-31; thence running across the southerly bounds of said Birch Road to the southeasterly corner thereof being also the northeasterly corner of parcel 289.13-1-31; thence running northerly along the easterly bounds of Birch Road to the northwesterly corner of parcel 289.13-1-24; thence running easterly along the northerly bounds thereof to the southwesterly corner of parcel 289.13- 1-23; thence running northwesterly along the westerly bounds of said parcel 289.13-1-23 and parcel 289.13-1-22 to a point in the southerly bounds of parcel 289.13-1-20; thence running southwesterly along the southerly bounds thereof to the easterly bounds of said Birch Road; thence running northerly along the easterly bounds thereof to the northwesterly corner of parcel 289.13-1-18; thence running northeasterly along the northerly bounds thereof to the northeasterly corner thereof at the southwesterly corner of parcel 289.13-1-17; thence running northerly along the westerly bounds of said parcel 289.13-1-17 and parcel 289.13-1-16 to the northwesterly corner thereof in the southerly bounds of parcel 289.13-1-14; thence southwesterly along the southerly bounds thereof to the most southwesterly corner thereof; thence running northwesterly along the westerly bounds thereof to the northwesterly corner of parcel 289.13-1-14 in the southerly bounds of Chestnut Road; thence running easterly and northerly along said Chestnut Road to a point in the westerly bounds of parcel 289.13-1-4 which is also in the southeasterly bounds of Glen Lake Road; thence running northerly and northeasterly along Glen Lake Road to the most northerly corner of parcel 289.9-1-81 in the southwesterly bounds of parcel 289.9-1-80; thence running northwesterly along the westerly bounds thereof crossing Glen Lake Road and along the westerly bounds of 289.9-1-80 to the northwesterly corner thereof; thence running northeasterly along said parcel 289.9-1-80 to the northeasterly corner thereof, than crossing Glen Lake Road to the southwesterly corner of parcel 289.9-1-71; thence running northerly and easterly along Glen Lake Road to the northeasterly corner of parcel 289.10-1-46; thence running southwesterly along the southeasterly bounds thereof to the most northerly corner of parcel 289.10-1-52.2; thence running easterly along the northeasterly bounds of said parcel and along the northeasterly bounds of parcel 289.10-1-52.1 and the northeasterly bounds of parcel 289.10-1- 51 and the northeasterly bounds of parcel 289.10-1-50 to the northeasterly corner thereof; thence running southwesterly along the southeasterly bounds thereof to the northwest corner of parcel 289.10-1-49; thence running southeasterly along the northeasterly bounds of parcel 289.10-1-49 and the northeasterly bounds of parcel 289.10-1-48 to the northwest corner of parcel 289.10-1-42; thence running northeasterly and southeasterly along the northerly and northeasterly bounds of said parcel to the northwesterly corner of parcel 289.10-1-41; thence running easterly along the northerly bounds thereof to the northeasterly corner thereof; thence running southerly along the easterly bounds thereof to the northwesterly corner of parcel 289.10-1-39; thence running easterly along the northerly bounds thereof to a point in the westerly bounds of parcel 289.10-1-38; thence running northerly along the westerly bounds thereof to the northwesterly corner thereof; thence running northeasterly along the northerly bounds of parcel 289.10-1-38 and along the northerly bounds of parcel 289.10-1-37 and to the northeasterly corner of said parcel 289.10-1-37 in the northwesterly corner of parcel 289.10-1-33; thence running northeasterly and northerly along the bounds of said 289.10-1-36 to a point in the southerly bounds of Glen Lake Road; thence running southeasterly along the southwesterly bounds of said Glen Lake Road to the northeasterly corner of parcel 289.10-1-36; thence running southerly along the easterly bounds thereof and along a portion of the easterly bounds of parcel 289.10-1-35 to the northwesterly corner of parcel 289.10- 1-33; thence running easterly along the northerly bounds of parcel 289.10-1-33, parcel 289.10-1- 32, parcel 289.10-1-31, parcel 289.10-1-29, parcel 289.10-1-28, parcel 289.10-1-26 to the northeasterly corner thereof; thence southwesterly along the southeasterly bounds thereof to an angle point in parcel 289.10-1-25; thence running southeasterly, northeasterly, easterly and northerly along said parcel 289.10-1-25 and along parcel 289.10-1-23 to the point in the southwesterly bounds of Jay Road; thence running southeasterly along said Jay Road to a point therein at the intersection with Jay right of way; thence running southerly along the westerly bounds of said Jay right of way to the southwesterly corner thereof, being a point in the northwesterly bounds of parcel 289.10-1-20; thence running northeasterly along the southerly bounds of said Jay right of way to the southeasterly corner thereof; thence running northerly along the easterly bounds thereof, being the westerly bounds of parcel 289.10-1-20, parcel 289.10-1-19, parcel 289.10-1-18, parcel 289.10-1-17 and a short way along parcel 289.10-1-16 to the northwesterly corner of said parcel; thence running northeasterly along the northwesterly bounds of parcel 289.10-1-16 to the northeasterly corner thereof in the westerly bounds of parcel 289.10-1-15; thence running northerly along the westerly bounds of parcel 289.10-1-15 and the westerly bounds of parcel 289.10-1-13 to the northwesterly corner thereof; thence easterly along the northerly bounds thereof to the southwesterly corner of parcel 289.10-1-12; thence running northerly along the westerly bounds of said parcel 289.10-1-12 and the westerly bounds of parcel 289.10-1-10 to the northwesterly corner thereof; thence running easterly along the northerly bounds thereof to the southwesterly corner of parcel 289.10-1-9; thence running northerly along the westerly bounds of parcel 289.10-1-9, parcel 289.10-1-8, parcel 289.10-1-7, parcel 289.10-1- 6, parcel 289.10-1-5 to the northwesterly corner thereof in the southerly bounds of 289.6-1-17; thence running westerly along the southerly bounds thereof to the easterly bounds of Glen Lake Road; thence northerly along said Glen Lake Road to an angle point in said parcel 289.6-1-17; thence running easterly and northerly and westerly along said parcel 289.6-1-17 again to Glen Lake Road; thence running along the same in a northerly direction crossing Nacy Road to the northwest corner of parcel 289.6-1-17; thence running easterly along the northerly bounds thereof to the northeasterly corner thereof in the westerly bounds of Nacy Road, then crossing said Nacy Road to the southwest corner of parcel 289.6-1-35; thence running northeasterly along Nacy Road along the westerly or northwesterly bounds of parcel 289.6-1-35, parcel 289.6-1-34, parcel 289.6- 1-33, parcel 289.6-1-32 and a portion of parcel 289.6-1-20 to a point therein; thence crossing said Nacy Road and running northwesterly along the southwesterly bounds of parcel 289.6-1-20 to Glen Lake Road; thence running northeasterly along Glen Lake Road to the northeasterly corner of parcel 289.6-1-20; thence running southerly along the easterly bounds thereof and then crossing Nacy Road to a point in the northerly bounds of parcel 289.6-1-31; thence running northeasterly along said Nacy Road along the northerly bounds of parcel 289.6-1-31, parcel 289.6-1-30, parcel 289.6-1-29, parcel 289.6-1-27 to the most northerly corner of said parcel; thence running southeasterly along the northeasterly bounds of said parcel 289.6-1-27 to the northwesterly corner of parcel 289.6-1-26; thence running northeasterly along the northerly bounds of parcel 289.6-1-26 and parcel 289.6-1-25 to a point in the southwesterly bounds of parcel 289.6-1-23; thence running northerly or northwesterly along said bounds of said parcel to Nacy Road; thence running northerly along the southeasterly and easterly bounds of said Nacy Road to the most northerly point of parcel 289.6-1-22 and the northwesterly corner of parcel 289.7-1-64; thence running southeasterly along the northerly bounds thereof to the most easterly corner thereof in the northwesterly bounds of Dineen Road; thence running southwesterly along the southerly bounds of said parcel 289.7-1-64 and along Dineen Road to the most southerly corner of said parcel; thence running southerly crossing Dineen Road and along the bounds of parcel 289.6-1-22 to a point therein for a corner; thence running northerly along said Dineen Road to the most northerly corner of parcel 289.7-1-61; thence running southeasterly along the northerly bounds thereof to the southwesterly or westerly corner of parcel 289.7-1-58; thence running northerly along the westerly bounds thereof to the northwesterly corner thereof in the southerly bounds of Moon Hill Road; thence running easterly along the southerly bounds of Moon Hill Road to the northeasterly corner of parcel 289.7-1-57; thence running southerly along the easterly bounds thereof to the northwesterly corner of parcel 289.7-1-55; thence running easterly, southeasterly, northeasterly, northerly and northwesterly along said parcel again to Moon Hill Road; thence running easterly along Moon Hill Road to the northeasterly corner of said parcel 289.7-1-55; thence running southerly along the easterly bounds thereof to the northerly shore of the outlet of Glen Lake; thence running southerly crossing said outlet to the point and place of beginning, containing 506.00 acres of land and water to the be the same more or less. EXECPTING AND RESERVING that portion of Reardon Road and Reardon Road Extension that lies within the bounds of the above described parcel. EXCEPTING AND RESERVING that portion of Glen Lake Road that lies within the above described parcel. EXCEPTING AND RESERVING any other roads that may lie within the above described parcel. 2. The Town Board will operate and be the governing body for the District and intends to appoint a District Advisory Board to provide recommendations on various matters relating to the District. The proposed aquatic plant control plan consists of a triennial treatment program that includes annual Lake assessment, annual water quality testing, aquatic vegetation surveys, hand harvesting and aquatic herbicide treatment. Hand harvesting will be completed by a contractor hired by the Town and the Town Highway Department will assist in disposal of the removed vegetation at one of the Town’s facilities. The application of aquatic herbicide will also be completed by a contractor hired by the Town. The Town’s contractor will be responsible for obtaining all permits required prior to the application of the aquatic herbicide. Following the aquatic herbicide treatment, a full aquatic survey of the Lake will be performed once sufficient time has elapsed for the herbicide to be effective. The results of this survey, in conjunction with previous observations, will be used to determine areas of primary and secondary concern for treatment the following year. No capital improvements are required for the proposed District. 3. The maximum estimated cost of formation of the proposed District is approximately $18,000 including engineering, survey, legal, and miscellaneous fees. No capital improvement costs are anticipated for the proposed District. The yearly costs associated with operation and maintenance of the District will vary depending on the treatment method scheduled to be utilized that year. These costs, based on a schedule of two years of hand harvesting followed by a year of aquatic pesticide application, will be approximately $21,655 in the first year of the triennial treatment program, $18,755 the second year and $85,905 the third year. The District costs will be amortized over the three year treatment cycle to maintain a District fund balance and relatively equal assessments each year. The Town will contribute 15% of the total annual cost of the proposed District based on the benefit to the Town’s three lakefront parcels, and the remaining cost will be assessed on a benefit basis to each lot. The benefit assessment formula (BAF) has been developed on the basis of a “benefit unit.” The basic benefit unit for the proposed District is a lakefront parcel of land and constitutes the majority of properties in the District. The benefit units will be assessed based upon a 2:1 ratio for lakefront vs. non-lakefront lake access land. 4. No capital improvement costs are anticipated for the proposed District, so there will be no debt service costs related to the proposed District. 5. The estimated annual cost of the District to the typical property in the District, which typical property is a typical one family home, for operation and maintenance and other charges, will be $130 for lakefront parcels and $65 for non-lakefront parcels. However, in the first year of the assessment the costs of formation of the District will be added to the operation and maintenance charges. This will add $54 to the cost for lakefront parcels and $27 for non-lakefront parcels, resulting in a total assessment for the first year of $184 for lakefront parcels and $92 for non-lakefront parcels. 6. A detailed explanation of how the estimated costs of the District were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The Town Board hereby determines to conduct uncoordinated SEQRA review of the proposed District establishment. 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities nd Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 22, 2011 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. th Duly adopted this 8 day of August, 2011, by the following vote: AYES : Mr. Brewer, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : Mr. Stec ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-Noted he has received word from the Glen Lake Association requesting that we pull this, they had additional concerns. Noted he had pulled this resolution… However throughout the day the Board Members feel there has been enough work and effort has gone into this over the years and we think that it is the Board belief that is it worthy of having this public hearing as originally intended which would be two weeks from tonight on August 22, 2011. If we want a st district in place for 2012 it has to be formed before September 1 by law if it doesn’t happen we wait another year. The Board asked to have it back on the agenda. 4.0 CORRESPONDENCE NONE 5.0 TOWN BOARD DISCUSSIONS - COUNCILMAN ANTHONY METIVIERNo comments COUNCILMAN RONALD MONTESI- ? Mike Travis has been out on Meadowbrook Road we have got some basic bed materials put in and we will be paving that little section of the parking lot where our walkway through Highland South will be. COUNCILMAN STROUGH- ? Queensbury Post –Queensbury Senior Citizens monthly news letter upcoming trip to Montreal and one to Cooperstown – Lake George Dinner Theatre – to received news letter call Karen Bodenweiser at 761-8224 COUNCILMAN TIM BREWER- ? Hudson Pointe trail – Recreation Dept. placed signage along the trail – very educational Thank you to the Receation Dept. for that. ? Questioned if the Town was responsible for the corner of Corinth Road and Media Drive Supervisor Stec-Yes the Kiosk area it is still under construction Councilman Brewer noted that the grass needs cutting. Supervisor Stec-Between Chuck Rice and Mike Genier they will see to it being cut. Councilman Brewer-people think that is the park and ride …Supervisor Stec-may have to place flyers on those cars indicating where the park and ride is. SUPERVISOR STEC- ? Thank Look TV and our sponsors for televising our meetings we are the only town in Warren County that televises our meetings ? Town ‘s website – www.queensbury.net RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 253.2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting of August 8, 2011. th Duly adopted this 8 day of August, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury