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2013-05-06- Mtg 19 TOWN BOARD MEETING MTG. #19 MAY 6, 2013 RES. 207-229 7:00 p.m. BOH 6-7 TOWN BOARD MEMBERS SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER-Absent PLEDAGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER Town Counsel Mark Schachner Director of Wastewater-Chris Harrington RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 207.2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 6t" day of May, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Montesi NOES: None ABSENT: Mr. Brewer QUEENSBURY BOARD OF HEALTH 1.0 BOARD OF HEALTH HEARING 1.1 Public Hearing Sewage Disposal Variance of Robert Napoli NOTICE OF PUBLIC HEARING PUBLICATION DATE: 4-19-2013 Supervisor Montesi-Before us is a variance application for Robert Napoli, Glen Lake. Mr. Napoli are you here? I think most of the Board Members have visited the site of Mr. Napoli, I was there today once again and this is a very small piece of property with some variances, but what Mr. Napoli is proposing to build is a much improved septic system. The floor is yours. Engineer Tom Hutchins-Hutchins Engineering-] am here with Bob Napoli owner applicant. We were here I believe about a year ago with a proposal to replace a system such that the system could become compliant with the current ordinance as is required. The current system is not really in failure but we know it is antiquated and as we are upgrading the property we need to come into compliance. We were here, we presented an initial proposal you asked us to dig a little deeper look a little harder. Specifically you asked us for some soil information and to look at some alternatives, alternate designs. We have resubmitted what we feel is an improved application. We have done a fair amount of research on alternatives and we really like this system. It is an enhanced treatment system, it is completely non mechanical it is, it increases our or decreased the required variance from a neighboring well which was the primary concern by twelve feet it increases the separation by twelve feet and decreases the relief by over twelve feet. So, with that I guess I will turn it over to the Board for questions. Do you want to add anything Bob? Councilman Strough-Now, I remember our discussion and we have had other discussions as well and I think that given the property and the constraints and the lake and the distance that you are putting this in the best possible location that you could put it in and you used one of the best system that you could use given the conditions of this situation. So, I commend you in following through and addressing our wishes to come up with a newer improved system that does not require the variance that the other more traditional system did. Thank you. Supervisor Montesi-Darleen I think there was one letter comment for a neighbor. Darleen Dougher Town Clerk : read the following letter Francis T. Donohue 2125 S.E. Erwin Road Port St. Lucie, Florida, FI 34952 Darleen M. Dougher Town Clerk Town of Queensbury 742 Bay Road Queensbury, N.Y. 12804 Yesterday, April 23, 2013, 1 received your Notice of Publis Hearing, scheduled for Monday, May 6, 2013 at 7:00 PM, at the Queensbury Activity Center, Queensbury, to consider an Application filed by Robert Napoli requesting official permission to bypass Setback zoning regulations to make nonconforming use of zoned property. The Application states to Mr. Napoli's proposal to Install and/or Replace seven Septic System,Tanks and Absorption Fields, Two of the included variances requesting official permission to bypass the legal required setbacks, are for the installation of Septic Systems/Absorption Fields from neighboring wells a distance of only 62.6' and 89' respectfully, instead of the required 100' for each. The other 5 requests do not specify the locations of where the installations will be located. My concerns are possible seepage and run offs that will cause contamination of Glen Lake and of the surrounding sensitive properties, ie: wells, lake water, lake shores, etc. Not furnishing us with any necessary and specific records and information, only a fool would attempt to approve this variance request or make any recommendation. We must assume that you, as our representatives and Protectors of our Lake, have exercised your Fiduciary Duties and Due Diligence in making your review of the papers filed, including thew study of the Engineering report, the Environmental Study report, the exhibits of the hardships proposed by Mr. Napoli necessary for you to grant your official permission for each of these variances. As you are familiar, the lake had and still has many problems and we and you must defend it from having more. I do not know Mr. Napoli, as I haven't met him. I do not know if he is the owner of the property or the contractor. Due to the lack of specifics in your Notice relating to this matter, 1, nor any other absentee owner are not in any position to make any type of educated recommendation re this matter. However, I just want to remind you and make sure Mr. Napoli is familiar of our concerns regarding any project that can, directly and or indirectly, do further harm to the lake. Just for your information. We take exception to your statement at the end of this Notice. "At this public hearing all interested person will be heard" As always, it should read that those parsons who are able to attend, will be heard. You know that only a small percentage of we interested persons who own the lake property and pay heavy taxes would like to attend and be heard, but because of the weather, distance and other circumstances will not be at the lake until the last part of June thru September. It seems you always plan it that way. We know it, and are concerned. Respectfully /s/ Frank Donohue & Joyce,Ted, Mike, Patricia, Meg. Etc. Supervisor Montesi-Any other questions from the Board? The public hearing is open is there anyone that would like to make a comment? No one spoke. Close the public hearing RESOLUTION APPROVING ROBERT NAPOLI'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 6,2013 BOH INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, Robert Napoli submitted an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install: 1. the replacement septic system/absorption field 6.5' from the northern dwelling instead of the required 20' setback; 2. the replacement septic system/absorption field 13.7' from the southern dwelling instead of the required 20' setback; 3. the replacement septic system/absorption field 62.6' from the neighboring well instead of the required 100' setback; and 4. the replacement septic system/absorption field 89.3' from the on-site well instead of the required 100' setback; 5. the northern septic tank 9.0' from the northern house instead of the required 10' setback; 6. the northern septic tank 6.8' from the southern house instead of the required 10' setback; and 7. the southern septic tank 8.3' from the southern house instead of the required 10' setback; on property located at 352 Glen Lake Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday,May 6`h,2013, and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW,THEREFORE,BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health fmds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Robert Napoli's application for a variance from the Sewage Disposal Ordinance to install: I. the replacement septic system/absorption field 6.5' from the northern dwelling instead of the required 20' setback; 2. the replacement septic system/absorption field 13.7' from the southern dwelling instead of the required 20' setback; 3. the replacement septic system/absorption field 62.6' from the neighboring well instead of the required 100' setback;and 4. the replacement septic system/absorption field 89.3' from the on-site well instead of the required 100' setback; 5. the northern septic tank 9.0' from the northern house instead of the required 10' setback; 6. the northern septic tank 6.8' from the southern house instead of the required 10' setback;and 7. the southern septic tank 8.3' from the southern house instead of the required 10' setback; on property located at 352 Glen Lake Road in the Town of Queensbury and bearing Tax Map No.: 289.9-1- 69. Duly adopted this 6"'day of May,2013,by the following vote: AYES : Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Montesi NOES : None ABSENT: Mr.Brewer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 7. 2013 BOH INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, the Queensbury Board of Health hereby adjourns its meeting and moves back into Town Board session. Duly adopted this 6t" day of May, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Montesi NOES: None ABSENT: Mr. Brewer TOWN BOARD MEETING 2.0 PUBLIC HEARINGS 2.1 Queensbury Central Volunteer Fire Company Inc. Proposal to Purchase Truck and Authorizing Incurrence of Tax-Free Financing/Debt for Such Purchase NOTICE SHOWN PUBLICATION DATE: April 19, 2013 Supervisor Montesi-Who is here to tell us all about this? Mr. Chris Hickey-Treasurer of Queensbury Central Volunteer Fire Company 15t Assistant Chief Joe Duprey-Queensbury Central Mr. Hickey-We are proposing to purchase a 2013 Spartan VRVIPS Rescue Pumper. This pumper will replace two of our existing pieces of apparatus a two for one purchase. We have a 1996 HME Rescue Truck and a 1986 Mac Pumper both of them which have reached the end of their useful lives. This truck will be situated up in our Aviation Road station up at Station two, next to Prospect School. Again, the way the Fire Companies are going because of limited personnel we are really consolidating apparatus. This truck will do anything that either one of those trucks would do whether it would be the pumper or the rescue truck. We have funds set aside in a vehicle replacement fund that we will use as a down payment on the apparatus. By the time we go to have to pay for this we estimate we will have about two hundred and twenty five thousand dollars to put down on it. We will finance just shy of four hundred and nineteen thousand dollars over a fifteen year time period with tax exempt financing at an interest rate as of todays rates of two point nine five percent. That rate could change slightly depending on what happens. The bank doesn't think that there will be any significant change in that rate between now and October and November when we .. If you approve this tonight we are going to place the order we are ready to place the order, the order will be placed tomorrow. We are actually purchasing it through a local company which I think is very good for the Town. The purchase is being coordinated through Arrow Head down off Luzerne Road they are the lead person on this. They are doing most of the maintenance on all of our trucks. Supervisor Montesi-You are trading in the old ones, right? Mr. Hickey-We are trading in both the 96' and the 1986, they are giving us a combined for the two trucks fifty thousand the other bid that we received which was a Pierce bid the amount that they were giving for a trade in was very similar to those two numbers. So, we feel that those numbers are probably pretty accurate numbers. Supervisor Montesi-Chris,just for the public's point of view, how many calls does Central make a yea r? Mr. Hickey-Last year we responded to just shy of thirteen hundred calls. This year we are on track for about the same number. Anywhere from thirteen to fourteen hundred calls a year we are up to. Supervisor Montesi-A big number for a volunteer group. Mr. Hickey-It is a lot. We have, that's through just about, we just have just over fifty members. Supervisor Montesi-Any questions from the Board? The public is there anyone that would like to question the company on the truck? No one spoke I will close this public hearing. (Councilman Metivier moved to close the public hearing, seconded by Supervisor Montesi, all in favor) RESOLUTION APPROVING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE TRUCK AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 209,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a new 2013 Spartan ERV IPS Rescue Pumper Apparatus (Truck) along with associated accessories (tools, hose and other miscellaneous tools) to replace two of its current apparatus (1996 HME Rescue Truck and 1986 Mack Pumper) for the approximate purchase price not to exceed $644,000, plus an additional $50,000 for accessories, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, proceeds from the trade-in of the Fire Company's replaced apparatus would be placed against the principal of the new,proposed Truck, and WHEREAS,the Fire Company plans on paying for the proposed,new Truck as follows: I. $50,000 from trade-in of replaced apparatus; 2. $225,000 from Vehicle Reserve funds;and 3. Approximately $419,000 maximum amount of tax-exempt fmancing having a 15 year term with Glens Falls National Bank and Trust Company; and WHEREAS,the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse located at 17 Lafayette Street in the Town of Queensbury, New York, and WHEREAS, on Monday, May 6"', 2013, the Town Board duly held a public hearing concerning the Fire Company's proposal and tax-exempt financing as required by the Fire Company's Agreement with the Town and the Internal Revenue Code, and heard all interested persons, and WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating two (2) aging apparatus from the Fire Company's fleet, and therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company's corresponding incurrence of tax-exempt debt, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Queensbury Central Volunteer Fire Company, Inc.'s proposal to purchase a new 2013 Spartan ERV IPS Rescue Pumper Apparatus (Truck)to replace two of its current apparatus as set forth in the preambles of this Resolution for an amount not to exceed $644,000, plus an additional $50,000 for accessories, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Fire Company's incurrence of approximately $419,000 maximum amount of tax-exempt fmancing having a 15 year term with Glens Falls National Bank and Trust Company for such purchase, with the understanding that the Town Board is relying upon the Fire Company's assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, 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 all terms of this Resolution. Duly adopted this 6th day of May,2013 by the following vote: AYES Mr. Clements,Mr. Strough,Mr.Montesi,Mr.Metivier NOES None ABSENT: Mr.Brewer 2.2 Proposed Route 9 Sanitary Sewer District Ext. No. 2 Sweet Road Subdivision NOTICE SHOWN PUBLICATION DATE: April 19, 2013 Supervisor Montesi-Mr. O'Connor, Mr, Ryan Mr. Dan Ryan-Vision Engineering here on behalf of Cerrone Builders with Mike O'Connor the Attorney for our client. What we have today is a proposal for a sanitary sewer district extension, this being the existing Route 9 sanitary sewer district. We are proposing an extension which would be inclusive of three parcels on the North side of Sweet Road. The purpose of this district extension would be to allow municipal water and sewer to be available for a proposed twenty nine lot conservation subdivision. If you have had a change to review the documentation we did provide a detailed map, plan and report. The purpose of that report is to outline the proposed district boundary, provide cost analysis for both the Town and eventual residents of the development and it also incorporates an analysis which includes design flows and capacities for the existing system to handle the wastewater anticipated from the development. I will briefly describe the map, plan and report and then I guess I would be happy to answer any questions and certainly welcome any comments resulting from the public hearing. The project is again twenty nine single family dwellings proposed on approximately twenty nine and a half acres. It is approximately half way down I guess between east and west Sweet Road on the north side. The property basically encompasses existing forest, and the fact that we do propose water and sewer there are several benefits which result in that. The primary benefit is the fact that we can design the development as a conservation subdivision which will allow us to preserve approximately fifty five percent of the open space or green space on the property. Without sewer and municipal water that is nearly impossible we did evaluate alternatives designs which would allow conventional wastewater onsite systems or septic systems and you basically when you do that require more roads, more impervious and more clearing and disturbed area. So, there are substantial benefits to having both water and sewer within a development. The existing sewer district flows from Route 9 up near Walmart and the commercial corridor and flows down along Sweet Road in an existing twelve inch sewer main. There is available capacity in that existing sewer main. In working with the wastewater department that has a capacity of about seventy eight thousand gallons per day available. This project as a result of the twenty nine dwellings would have an average design flow of about ninety five hundred, ninety five seventy so nine thousand five hundred and seventy gallons per day. So, certainly well within the existing capacity of that twelve inch line on Sweet Road. Councilman Strough-More importantly, Dan if you do not mind me interrupting, it's a good spot to interrupt on that topic. I asked the question, is this proposal, this district extension going to hinder anybody's ability to use capacity upstream? The answer is no. That even after consideration of full build out upstream there would still be capacity for this project. So, I think that is an important thing to make clear because it has become an issue in town on other projects. Mr. Ryan-That has been brought up previously whether it would hinder further commercial growth an basically we have concluded that is not going to be the case. In terms of construction costs and overall impact on the town in terms of budgeting purposes the construction of the sewer district extension would be borne by the developer we have derived at an approximate construction cost of about a hundred and fifty thousand dollars. The developer would pay for that infrastructure as well as the proper inspections and certifications to meet the wastewater department standards. There is an additional buy in fee which helps to provide mitigation for capacity that the system can treat as well as future infrastructure improvements. That total buy in has been estimated to be about twenty two thousand dollars. So, that would be a onetime mitigation fee that the developer would pay to the Town as the result of that. Councilman Strough-That is both capacity and a capital buy in. Mr. Ryan-Yes. It is basically broken about half and half. The capacity component being the cost to treat and send the sewage to Glens Falls. Supervisor Montesi-And that helps us for the future that buy in, the sewer district exists, folks have paid into that before but as we continue to grow we have to constantly buy more capacity from the City and this is part of the fund that we use to do that. Mr. Ryan-We have calculated approximate taxes for individual lot owners within the development, we base that on the current benefit tax formulas for the Town's sewer district as well as their operation and maintenance cost. We have developed a table within the map, plan and report which comes to basically the conclusion that about annual sewer tax per lot would be about seven hundred and eighty seven dollars. That would be the yearly costs for residents within the development. Certainly reasonable compared to other districts within the Town. Again, I guess I would like to reiterate the fact that without sewer there are several benefits of this project that aren't capable. The sewer and water having municipal water and sewer does provide benefits in terms of able to use conservation methods, low impact development ability to maintain and minimize impervious and road lengths within the development and also provide passive recreation for the neighborhood in addition to the previously mentioned preservation of green space which on this project is about fifty five percent. Supervisor Montesi-When this project is done if you were to drive in there you would see the amount of green space that is left and the walking areas and the gravel roads or pathways that the developer is going to put in. Is this road going to be dedicated to the Town? Mr. Ryan-This road is proposed to be dedicated to the Town as a Town Road. Supervisor Montesi-It is a great looking development. Attorney O'Connor-Do you have any questions? Supervisor Montesi-Comments from the public? Well tonight gentlemen is we approve this resolution it's actually for the sewer district extension with a caveat that we need to, and maybe Mark you can finish this off. Town Counsel Schachner-Actually I would like to start the sentence over. The only action that you can actually take this evening because the overall action is the extension of the sewer district in conjunction with the twenty nine or so is that the right number, twenty nine lot subdivision that all have to be reviewed together as one action under New York State Environmental Quality Review Act. So, actually the only formal action you would be taking this evening would be asking the Planning Board to serve as SEQRA Lead Agency and consenting to the Planning Board's serving as SEQRA Lead Agency. That is the only action contemplated in the proposed resolution. Supervisor Montesi-Ok. Well you have heard our Attorney. We will close the public hearing. Town Counsel Schachner-One more point I might suggest an extremely minor revision of the proposed resolution in the third resolved which says Resolve that the Town Board hereby directs the Applicant to provide any and all information about the proposed sewer district extension, I might suggest adding the words subdivision and after the word proposed. So, it would read the Town Board hereby directs the Applicant to provide any and all information about the proposed subdivision and sewer district extension. Councilman Strough-1 will maintain my motion with that amendment. Councilman Clements-1 will second it. RESOLUTION REQUESTING QUEENSBURY PLANNING BOARD TO SEEK LEAD AGENCY STATUS REGARDING PROPOSED SUBDIVISION AND EXTENSION OF SEWER DISTRICT AND CONSENTING TO PLANNING BOARD SERVING AS LEAD AGENCY RESOLUTION NO. 210,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Queensbury Town Board has been asked to approve an extension of the Route 9 Sanitary Sewer District to serve a planned 29-lot residential subdivision to be developed on property adjacent to Sweet Road, and WHEREAS, prior to taking any further action or making a decision about whether to approve the requested Sewer District extension, it will be necessary for the extension and the proposed subdivision it will serve to be reviewed together as one project(the Combined Project) in a Coordinated Review under the New York State Environmental Quality Review Act(SEQRA), for potential environmental effects, and WHEREAS, the Town of Queensbury's Planning Board will be undertaking a detailed review of the planned subdivision for purposes of deciding whether to approve the subdivision, and WHEREAS, it appears that there would be significantly greater development activities associated with the residential subdivision than with the extension of the Sewer District, and WHEREAS, the Planning Board has the necessary knowledge and experience to review and evaluate the potential environmental effects of the Combined Project, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby requests that the Queensbury Planning Board seek Lead Agency status for purposes of conducting the Coordinated Review of the Combined Project as required under the New York State Environmental Quality Review Act(SEQRA),and BE IT FURTHER RESOLVED,that in the event the Queensbury Planning Board seeks to be Lead Agency for SEQRA Coordinated Review of the Combined Project,the Queensbury Town Board hereby consents to the Planning Board serving in that capacity,and BE IT FURTHER RESOLVED, that the Town Board hereby directs the Applicant to provide any and all information about the proposed subdivision and sewer district extension, whether or not the information was previously supplied to the Town Board, to make the necessary copies of all such information and provide it to the Planning Board for its use in evaluating the potential environmental effects of the Combined Project,and BE IT FURTHER RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute any documents and take any other necessary actions to effectuate the terms of this Resolution and further authorizes and directs the Town's Department of Community Development to notify, if and when appropriate,any other Involved Agencies of the Town Board's consent to the Planning Board serving as Lead Agency for SEQRA Coordinated Review of the Combined Project. Duly adopted this 6"'day of May,2013,by the following vote: AYES : Mr. Strough,Mr.Montesi,Mr.Metivier,Mr.Clements NOES : None ABSENT: Mr. Brewer RESOLUTIONS RESOLUTION AUTHORIZING PARTICIPATION IN WARREN COUNTY EMPLOYMENT AND TRAINING YOUTH EMPLOYMENT PROGRAM RESOLUTION NO.: 211,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Warren County Employment & Training Administration (Warren County) has submitted information to the Queensbury Town Clerk requesting the Town's participation in Warren County's 2013 Youth Employment Program,which Program provides for eligible youth ages 14—24 to work with non- profit and public agencies that can provide a quality work experience,and WHEREAS,by participating in such Program, eligible youth is trained to be good employees so that they are better prepared for their future while the Program also helps to promote a better understanding of local government services and fosters a spirit of cooperation between local students and the Town,and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town,and WHEREAS, the Program provides insurance coverage for participating students while working at the Town,and WHEREAS, participation in the Program will not impair any existing contract for services or collective bargaining agreement, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Warren County Employment&Training Administration's 2013 Youth Employment Program as delineated in the preambles of this Resolution and to execute a Worksite Agreement for each student participant, provided that the Town of Queensbury's Unit of the Civil Service Employees Association, Inc. concurs with such arrangement,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6"'day of May,2013,by the following vote: AYES: Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough NOES: None ABSENT: Mr.Brewer Discussion held before SEQRA Review Supervisor Montesi-We did run this up to APA as part of our master plan but this not in the park but it is part of our Zoning Ordinance, they had no problem with it. Town Counsel Schachner-It was also referred to the County Planning Board which also said no county impact. We will go through the twenty questions of the full environmental assessment form again keep in mind we are talking about at the Town Board level the Zoning Amendment to allow Microbrewers and Taverns in this particular zone area and if you in fact adopt the zoning amendment it is my understanding that an applicant is prepared to proceed to the Planning Board for Site Plan Review. 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 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 the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15. Will there be an effect to existing transportation systems? NO 16. Will proposed action affect the community's sources of fuel or energy supply? NO 17. Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18. Will proposed action affect public health and safety? NO 19. Will proposed action affect the character of the existing community? NO 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2013 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" RELATING TO MICROBREWERIES AND TAVERNS RESOLUTION NO.: 212,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2013 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to clarify the definition of "tavern" and add a definition for "microbrewery" and to allow taverns and microbreweries in certain areas of the Town and provide specific standards for issuance of Special Use Permits for taverns,and WHEREAS,Tribals,LLC—Davidson Brothers submitted an application to the Town Planning Board for Site Plan Review for a microbrewery project,and WHEREAS, together these proposals constitute an "Action" for purposes of review under the New York State Environmental Quality Review Act(SEQRA),and WHEREAS, the Town Board duly held a public hearing on Monday, April 1St, 2013, heard all interested persons and closed such public hearing,and WHEREAS,by Resolution No.: 163,2013,adopted on April 1St,the Town Board indicated its wish to be Lead Agency for SEQRA review of the Action,and WHEREAS, by Resolution adopted on April 16th, 2013, the Town of Queensbury Planning Board consented to the Town Board's request to be Lead Agency,and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Local Law to the Warren County Planning Office and on or about March 28t, 2013, the Warren County Planning Office considered the proposed Local Law and recommended "no county impact,"and WHEREAS, as State Environmental Quality Review Act (SEQRA) Lead Agency, the Town Board has reviewed Part 1 of a Full Environmental Assessment Form (EAF) and completed Part 2 of the EAF to analyze potential environmental impacts of the proposed Local Law,and WHEREAS, this legislation is authorized in accordance with New York Municipal Home Rule Law §10, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,after considering the proposed Local Law,reviewing the Full Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment and the Town Board hereby authorizes and directs the Town Supervisor to complete the Full Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse environmental impacts,and BE IT FURTHER, RESOLVED, that the Town Board approves a State Environmental Quality Review Act (SEQRA) Negative Declaration and authorizes and directs the Town Clerk's Office and/or Community Development Department to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation,and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2013 to amend Queensbury Town Code Chapter 179 entitled "Zoning," to clarify the defmition of "tavern" and add a defmition for "microbrewery" and to allow taverns and microbreweries in certain areas of the Town and provide specific standards for issuance of Special Use Permits for taverns,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Department of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 6"'day of May,2013,by the following vote: AYES Mr.Montesi,Mr.Metivier,Mr. Clements,Mr. Strough NOES None ABSENT: Mr.Brewer RESOLUTION APPOINTING JAMIE WHITE AS ALTERNATE MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 213,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law,and WHEREAS,a vacancy for an alternate position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Jamie White as such member, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board hereby appoints Jamie White to serve as an alternate member of the Queensbury Planning Board until such term expires on December 31St,2019. Duly adopted this 6th day of May,2013,by the following vote: AYES Mr.Metivier,Mr.Clements, Strough,Mr.Montesi NOES None ABSENT: Mr.Brewer RESOLUTION APPOINTING MICHAEL MCCABE AS ALTERNATE MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 214,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS,the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals in accordance with applicable New York State law,and WHEREAS,a vacancy for an alternate member position exists on the Zoning Board,and WHEREAS, the Town Board interviewed candidates and wishes to appoint Michael McCabe as an alternate member of the Zoning Board, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby appoints Michael McCabe to serve as an alternate member of the Queensbury Zoning Board of Appeals,such term to expire on December 31St,2019. Duly adopted this 6th day of May,2013,by the following vote: AYES Mr. Clements,Mr. Strough,Mr.Montesi,Mr.Metivier NOES None ABSENT: Mr.Brewer RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MAST LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.:215,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June Ist through June 8th,2013 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non-motorcycle products and services in accordance with the provisions of Town Code Chapter 160,and NOW,THEREFORE,BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9,Queensbury,subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June Ist through June 8th, 2013 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Northeast Realty must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Zoning Administrator/Code Compliance Officer to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriffs Office enforce off-road parking issues on Route 9 and throughout the community. Duly adopted this 6h day of May,2013,by the following vote: AYES : Mr. Strough,Mr.Montesi,Mr.Metivier,Mr.Clements NOES : None ABSENT :Mr. Brewer RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE AFFORDABLE HOUSING CORPORATION AND TOWN SUPERVISOR TO EXECUTE GRANT AGREEMENT AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 216,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, by Resolution No.: 186,2012, the Queensbury Town Board authorized engagement of Shelter Planning & Development, Inc., to develop and submit a grant application through the New York State Office of Community Renewal for a HOME grant,and WHEREAS, the grant application was submitted and the Town has been awarded a maximum grant award in the amount of$167,600 from the New York State Affordable Housing Corporation, such funds to be used for housing rehabilitation,and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and establish appropriations and estimated revenues for the grant award, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $167,600 in grant funds to be received from the New York State Affordable Housing Corporation and authorizes and directs the Town Supervisor to execute a Grant Agreement with the New York State Affordable Housing Corporation, such Grant Agreement to be in form acceptable to the Town Supervisor and Town Counsel, and any other associated documentation,and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes appropriations and estimated revenues in the amount of$167,600 for grant funds received by the Town through the New York State Affordable Housing Corporation, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Senior Planner and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. Duly adopted this 6"'day of May,2013,by the following vote: AYES Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough NOES None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE GLENS FALLS COUNTRY CLUB, INC. RESOLUTION NO.: 217,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, The Glens Falls Country Club, Inc., (Country Club) owns and operates The Clubhouse located at 211 Round Pond Road in the Town of Queensbury, New York, which Clubhouse has a valid liquor license, and WHEREAS, the Country Club has now applied for a liquor license to sell beer at its concession stand located at the confluence of the golf course's 5th, 6 ', 10 ' and 1 la'holes, as well as on its patio or deck, and WHEREAS, the Country Club has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of its liquor license at its concession stand, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before the Country Club's liquor license is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the applicant, The Glens Falls Country Club, Inc., to then notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued to the Glens Falls Country Club,Inc.,regarding its concession stand as set forth in the preambles of this Resolution and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 6"'day of May,2013 by the following vote: AYES Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough NOES None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING TRANSFER OF JAMES LAFOY FROM MOTOR EQUIPMENT OPERATOR (MEO) IN HIGHWAY DEPARTMENT TO LABORER IN WATER DEPARTMENT RESOLUTION NO. 218,2013 INTRODUCED BY:Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS,by Resolution No.: 2006,2008,the Town Board authorized the hiring of James LaFoy as a Motor Equipment Operator(MEO)in the Town Highway Department,and WHEREAS, the Town's Water Superintendent has advised the Town Board that there is a vacant Laborer position in the Water Department due to the promotion of one of his full-time employees,and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted the vacant Laborer position within the Town, and WHEREAS, James LaFoy has applied for a transfer from his current MEO position in the Highway Department to the vacant Laborer position in the Water Department, and Mr. LaFoy meets the requirements for the position and is the most qualified applicant from the Town who desired a transfer, and as such, the Water Superintendent has requested Town Board authorization to transfer Mr. LaFoy from the MEO position in the Highway Department to the Laborer position in the Water Department, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of James LaFoy from his current MEO position in the Highway Department to the vacant Laborer position in the Water Department effective on or about May 2e, 2013 subject to a ninety (90) day probationary period, successful passing of a pre-employment physical,and any applicable Civil Service requirements,and BE IT FURTHER, RESOLVED, that Mr. LaFoy shall be paid at the rate of pay specified in the Town's CSEA Union Agreement for such Laborer position,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6d'day of May,2013 by the following vote: AYES : Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING HIRING OF STEPHEN P. LECLERC, JR. AS SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 219,2013 INTRODUCED BY Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr.Ronald Montesi WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Stephen P. Leclerc, Jr., as a Seasonal Laborer to work for the Cemetery Department for approximately 440 hours, such employment proposed to commence on or about June 3rd,2013,and WHEREAS,funds for such position have been budgeted for in the Town Budget,and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board approve the appointment of Town employees' relatives, and Stephen P. Leclerc, Jr., is the nephew of Rick McFarlane,a Mechanic in the Town's Highway Department, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the hiring of Stephen P. Leclerc, Jr., as a Seasonal Laborer for the Cemetery Department for a total of approximately 440 hours commencing on or about June 3rd,2013, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, a pre-employment physical and drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 111,2013 and payment shall be paid from Account No.: 002-8810-1010,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Secretary and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6d'day of May,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr.Montesi,Mr.Metivier NOES : None ABSENT: Mr.Brewer RESOLUTION AUTHORIZING HIRING OF BRANDON IRWIN AS SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 220,2013 INTRODUCED BY Mr.Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr.Anthony Metivier WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Brandon Irwin as a Seasonal Laborer to work for the Cemetery Department for approximately 440 hours, such employment proposed to commence on or about June I e,2013,and WHEREAS,funds for such position have been budgeted for in the Town Budget, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Brandon Irwin as a Seasonal Laborer for the Cemetery Department for a total of approximately 440 hours commencing on or about June 10"', 2013, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, a pre-employment physical and drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 111,2013 and payment shall be paid from Account No.: 002-8810-1010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Secretary and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6tn day of May,2013,by the following vote: AYES Mr. Strough,Mr. Montesi,Mr.Metivier,Mr. Clements NOES None ABSENT: Mr.Brewer RESOLUTION AUTHORIZING PRE-ENTITLEMENT AGE PAYOUT OF VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM RETIREMENT BENEFITS TO ROBERT DICKINSON RESOLUTION NO.: 221,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, the Queensbury Town Board previously adopted a Volunteer Fire Fighter Service Awards Program,and WHEREAS, the Town Board previously authorized engagement of PENFLEX, Inc., the Town's Service Award Program Specialists,and WHEREAS, the Town's Service Award Plan provides that volunteers may receive their retirement benefits upon reaching the age of 62, and WHEREAS, by letter to the Town dated April 24th, 2013, PENFLEX, Inc., has advised the Town Board that Robert Dickinson, a 49 year old member of the South Queensbury Volunteer Fire Company, has requested Town Board authorization for an early payout of his Service Award Plan retirement benefits in the amount of approximately$14,546.10, as Mr. Dickinson has suffered a qualifying, total and permanent disability which now prevents him from being an active member of such Fire Company, and such disability has also created a financial hardship for Mr. Dickinson, and WHEREAS,the Town Board may grant early payouts on a case-by-case basis, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board has considered the request of Mr. Robert Dickinson and as a result of Mr. Dickinson's qualifying, total and permanent disability and resulting financial hardship, hereby authorizes the pre-retirement, early payout of Service Award Plan retirement benefits to Mr. Dickinson in the approximate amount of$14,546.10 as delineated in the preambles of this Resolution,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any needed documentation to effectuate such payout and transmit a certified copy of this Town Board Resolution to PENFLEX, INC., and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 6t"day of May, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF DELAWARE ENGINEERING, P.C. FOR SEWER DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES AND ESTABLISHMENT OF CAPITAL PROJECT FUND #198 RESOLUTION NO. 222, 2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury's Civil Engineer/Acting Wastewater Director (Engineer) requested proposals for the provision of professional engineering services regarding the design and construction supervision of improvements to the Queensbury Consolidated Sanitary Sewer District, and WHEREAS, the Engineer received and reviewed three (3)proposals and has recommended that the Town Board authorize engagement of the Delaware Engineering, P.C. (Delaware) for such engineering services as Delaware's proposal best fits the District's needs, for an amount not to exceed $65,750 as delineated in Delaware's April 10'b, 2013 proposal presented at this meeting and as follows: Phase Scope of Services Fee 1 (1.1)Design Services& (1.2)Bid Assistance $29,500 2 (2.1)Construction Administration $10,000 2 (2.2) Construction Inspection Services $26,250 TOTAL FEE: $65,750 and WHEREAS, the Director has requested that the Town Board also authorize contingencies of: 1) $7,000 for Phase 1 services as some work may have to take place on private property and although easements were granted, verification and research of such easements represents an unknown cost; and 2) $ 2,500 for Phase 2 services as inspection services are difficult to predict and are entirely dependent on the contractor, and WHEREAS, the Town Board wishes to establish a Capital Project Fund related to these services, and WHEREAS, funding for the Phase 1 services ($36,500)will be from appropriating fund balances in Queensbury Consolidated Sanitary Sewer District Fund 932 and Route 9 Sanitary Sewer District Fund 436 in the amounts of$27,375 (75%)from Fund 432,and$9,125 (25%) from Fund 936, and WHEREAS, funding for the Phase 2 services will be from Revenue Account 196-0000-5710 Serial Bonds,to be specifically authorized by Town Board Resolution at a later date, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Delaware Engineering, P.C. for provision of professional engineering services for the design and construction supervision of improvements to the Queensbury Consolidated Sanitary Sewer District for an amount not to exceed $65,750 as delineated in Delaware Engineering, P.C.'s April I01h, 2013 proposal presented at this meeting and as follows: Phase Scope of Services Fee 1 (1.1)Design Services& (1.2)Bid Assistance $29,500 2 (2.1) Construction Administration $10,000 2 (2.2)Construction Inspection Services $26,250 TOTAL FEE: $65,750 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the contingencies of $7,000 for Phase 1 services and $ 2,500 for Phase 2 services as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of the "Queensbury Consolidated Sanitary Sewer District Improvements Capital Project Fund 9198,"which Fund will establish funding for the services set forth in the preambles of this Resolution and further establishes initial appropriations and estimated revenues for Capital Project Fund#198 in the amount of$75,250,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be as follows: • $36,500 for engineering to be paid for by appropriating fund balances in Queensbury Consolidated Sanitary Sewer District Fund 932 and Route 9 Sanitary Sewer District Fund 936 in amounts of$27,375 (75%) from Fund#32 and$9,125 (25%) from Fund 436; and • Interfund transfers of these amounts to Capital Project 9198; • Establishing revenues of$36,500 in Account 198-000-55031 Interfund Transfers; • Establishing appropriations of$75,250 in Capital Construction Account No.: 198- 8120-2899; • Funding for Phase 2 services in amount of$38,750 will be from Revenue Account 196-0000-5710 Serial Bonds, to be authorized by Town Board Resolution at a later date;and BE IT FURTHER, RESOLVED,that the Queens bury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • Increase Appropriation 032-9950-9030 Transfer to Capital Project by$27,375; • Increase Appropriation 036-9950-9030 Transfer to Capital Project by$9,125; • Increase Revenue 198-0000-55031 Interfund Revenue by$36,500; • Increase Appropriation 198-8120-2899 Capital Construction by$75,250;and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Civil Engineer/Acting Wastewater Director and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6"'day of May, 2013,by the following vote: AYES Mr.Montesi,Mr.Metivier,Mr. Clements,Mr. Strough NOES None ABSENT: Mr. Brewer Discussion held before vote: Director Wastewater Chris Harrington-At the Meadowbrook pump station if we have a problem there with the line that goes to Glens Falls we can't by pass the pump station, I have engaged Delaware Engineering to implement a plan if we have a problem with the twelve inch force main going to the City that we not have sewer overflows...hope to have it up and running the middle of 2014. Also need odor control at the Meadowbrook Pump Station and bypass ability at the Meadowbrook and Hiland Park Pump Stations, and replace grinder pumps down near Inside Edge. RESOLUTION ADDING MARK DRIVE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 223,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system,and WHEREAS,the Town Board wishes to add"Mark Drive,"a private roadway/driveway located off of Tee Hill Road,to the Town's list of private driveways and road names, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby adds "Mark Drive" to the Town of Queensbury's list of private driveways and roads,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town Highway Superintendent and/or Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 6t'day of May,2013,by the following vote: AYES Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Montesi NOES None ABSENT: Mr.Brewer RESOLUTION AUTHORIZING RIDE WITH THE VETS BICYCLE RACE RESOLUTION NO. 224,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, "Ride With the Vets" has requested authorization from the Queensbury Town Board to conduct a bicycle race partially within the Town of Queensbury as follows: SPONSOR Ride With the Vets EVENT: Bicycle Race DATE Sunday,May 19"'2013 TIME 10:00 a.m. PLACE: Beginning at Goggins Road and ending at Dixon Road (Map depicting course attached); NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Ride With the Vets and therefore authorizes its bicycle race partially within the Town of Queensbury as delineated in this Resolution,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. Duly adopted this 6"'day of May,2013,by the following vote: AYES : Mr.Clements,Mr. Strough,Mr.Montesi,Mr.Metivier NOES : None ABSENT: Mr.Brewer RESOLUTION AUTHORIZING EXTENSION OF UNPAID MEDICAL LEAVE OF ABSENCE FOR RICHARD WHITMORE RESOLUTION NO.: 225,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Richard Whitmore, an employee in the Town of Queensbury Parks and Recreation, suffered a serious work-related injury and remains unable to work due to such injury, and WHEREAS, Mr. Whitmore requested Town Board approval to take an unpaid medical leave of absence as set forth in Warren County Civil Service Rule XIX and submitted medical documentation supporting a need for medical leave, and WHEREAS, by Resolution No.: 231,2012, the Town Board granted Mr. Whitmore an unpaid medical leave extending through the earlier of February 12th, 2013 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and WHEREAS,by Resolution No.: 113,2013,the Town Board granted Mr. Whitmore an extension of such unpaid medical leave extending through the earlier of May 13th, 2013 or certification of his physical qualification for return to work documented by his physician in form satisfactory to the Town, and WHEREAS, by letter dated April 13th, 2013, Mr. Whitmore has requested an additional seven (7) day extension of his unpaid medical leave, and WHEREAS, the Town's Parks and Recreation Director has recommended that the Town Board grant Mr. Whitmore such seven (7) day extension of his unpaid medical leave with an effective date of May 14th, 2013 extending through May 20th, 2013, his effective retirement date from the Town of Queensbury, and WHEREAS, in accordance with Warren County Civil Service Rule XIX, Town Board approval is discretionary and necessary before an employee may take such leave, and WHEREAS, the Town Board has carefully considered the circumstances of Mr. Whitmore's request and the recommendation of the Parks and Recreation Director, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and grants a seven (7) day extension of the unpaid medical leave of absence to Richard Whitmore with an effective date of May 141h 2013 extending through May 20`h, 2013, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution will not have any impact or create any inference as to any determination of entitlement to Disability or Workers' Compensation Benefits. Duly adopted this Ern day of May,2013,by the following vote: AYES Mr. Strough,Mr.Montesi,Mr.Metivier,Mr. Clements NOES : None ABSENT : Mr. Brewer RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 226,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements 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 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance Recovery 3,660 Increase Appropriation 001-1620-4400 Misc.Contractual 3,660 Increase Revenue 004-0000-52680 Insurance Recovery 200 Increase Appropriation 004-5130-4110 Vehicle Repair 200 036-8130-4300 Litigation 036-8110-4300 Town Counsel Retainer 2,000 Duly adopted this 6t"day of May, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND: 1) HESS CORPORATION FOR NATURAL GAS; AND 2) INTEGRYS ENERGY SERVICES OF NEW YORK, INC. FOR POWER SALE RESOLUTION NO.: 227,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an Agreement with Hess Corporation, through the MEGA Program, in an effort to reduce natural gas costs, and WHEREAS, the Town also wishes to enter into an Amendment to Power Sale Agreement with Integrys Energy Services of New York, Inc., in an effort to reduce energy costs, and WHEREAS,such proposed Agreements have been presented at this meeting, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Agreements between the Town of Queensbury and 1)Hess Corporation; and 2) Integrys Energy Services of New York, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreements once such Agreements are in form acceptable to the Town Supervisor, Town Counsel, Town Budget Officer and/or Town Civil Engineer/Acting Wastewater Director,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel, Town Budget Officer and/or Town Civil Engineer/Acting Wastewater Director to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6d'day of May,2013,by the following vote: AYES Mr.Montesi,Mr.Metivier,Mr. Clements,Mr. Strough NOES None ABSENT : Mr. Brewer Discussion held before vote: Engineer Chris Harrington-You can stay with National Grid or bid out your electricity, this alliance does that for us. This will bid out electricity and natural gas annually. Noted that Warren County is part of this program. It is another way to save taxpayer money. At the water department we spend three hundred and fifty thousand dollars a year on electricity, wastewater is about forty five thousand. Councilman Strough-Budget Officer Barb Tierney said that this program will save us about eighteen percent comparing it to our current provider. We are close to concluding our study of looking a solar for the town that should save us an additional twenty five percent in energy savings. Supervisor Montesi-Mr. Harrington has made a suggestion for us to change the boilers to natural gas, heating and cooling for the Water Treatment Plant that will also be a savings for us. Mr. Harrington-approximate saving of five thousand a year. RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF MAY 7TH, 2013 RESOLUTION NO.: 228,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of May 2nd,2013 and a payment date of May 7h,2013, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of May 2nd 2013 and a payment date of May 7h,2013 totaling$777,471.65, 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. Duly adopted this 6rn day of May,2013,by the following vote: AYES : Mr.Metivier,Mr. Clements,Mr. Strough,Mr.Montesi NOES : None ABSENT: Mr. Brewer Supervisor Montesi-Announced that on June 22, 2013 is Fireman's Field Day at West Glens Falls they expect ten thousand people to that event, two hundred fire trucks from all over the eastern part of New York State, will have a parade. We will close Luzerne Road Transfer Station that day at 11:30 am. 4.0 PRIVILEGE OF THE FLOOR (Limit 4 minutes) Mr. John Salvador- Local Zoning jurisdiction of navigable waterways - Zoning Administrator Craig Brown told me we are not regulating anything beyond the mean high water mark, will this be formalized? We have regulated boathouses and docks and they are beyond the mean high water mark. This needs to be addressed in the Code. Councilman Strough-They are attached above the high water mark. I am waiting for something to come out of Albany, a direction for the town, to say here is the clear direction for your town codes...we will speak with Council to see where we should go in light of the court decisions. Town Counsel Schachner-There is a likely hood for new legislation from the Legislature that will address this issue with great clarity . Absent that there is a possibility that there may be something coming from DEC or other agencies. Noted there are other litigation challenges still pending. Supervisor Montesi-We will wait and see what is happening with the legislature. Mrs. Kathleen Sonnabend- • Congratulated Supervisor Montesi on his appointment as Town Supervisor • (complete letter as present to the Town Board on file)Spoke on the proposed development by Queensbury Partners corner of Bay and Blind Rock. Reviewed the history of the development proposals. Spoke on the variances the proposed development will need, also concerned about the process afforded Queensbury Partners, allowing numerous conceptual discussion without prior Town Staff review and piece meal submissions of studies and documents. Ajoint committee was formed to workout differences between the Planning and Zoning Board without public hearings, why special treatment? Spoke on sewer capacity limitations and spoke on the need for a moratorium of building projects along Bay Road. Asked that Queensbury residents call their Supervisor and Town Board representatives and sign our petition asking the Zoning Board to uphold the code and the planning process under Town Law . Come to the next Zoning and Planning Board Meeting on May 22nd and 23th at 7:00p.m. Queensbury Activity Center on Bay Road. Supervisor Montesi-There are many times a developer comes in and presents a project and there are things he misses, and we go through and put him on the agenda for the Planning Board, all of a sudden he does not have what he needs. We have advised Administrator Brown and staff to have a pre-application meeting. Spoke on the sewer limitations and the town is aware of the situation and are planning for it. Mr. Doug Auer-16 Oakwood Drive • Reviewed the history of this sewer line on Bay Road..noted he was the business manager for BayBridge and tasked with coming up with a solution to their failing sewer issues...came in as an out of district user...build with excess design to provide for other users and the town will buy the excess and bank that for the future...Schermerhorn wanted to develop his property he offered to bring expertise and in 2002 we submitted a more comprehensive map, plan and report. Report based on existing Town Code running the calculation on what the uses would be. We put in the system there has been no problems with it. This is not an infinite capacity sewer system there are limitations in this. Questioned what will happen to those that were promised sewer capacity and there is no capacity? Supervisor Montesi-What you have spoken to us is important and Chris has a handle on capacity and what you have brought to our attention you have got us all thinking. Mr. Auer-I think you need to take over the actives of the Planning Board and send those guys packing. If you need more historical information on this I will give you the best of my recollection on this. 5.0 CORRESPONDENCE NONE 6.0 TOWN BOARD DISCUSSIONS WARD I ANTHONY METIVIER No comment WARD II BRIAN CLEMENTS • May 20th Breakfast at Queensbury Hotel—Speaker State Comptroller at 7:30 A.M. Hosted by Senator Betty Little call Chamber of Commerce for admission • Complaints from Ward II regarding flashing bright light on a new Radio Tower placed by Froggy WENU and ESPN Radio, received petition (68 signatures) against the light... the light is in compliance with the Federal Aviation Administration ... An engineer has been sent up from Latham to manually turn down the brightness each night until the problem is resolved...I will check with the residents in the area again to see if there is still a problem and try to contract the Regional Office of the FAA in Albany to solve it. WARD III JOHN STROUGH • Report from Fire Marshal 1. Red Flag warning for outdoor burning 2. Firemen's Association in New York State is promoting a program call is there Fire in you, it is attempt to get citizens to go out and visit their local fire departments and see what volunteering is all about and hopefully encourage some new members. • Memorial Day Parade is Monday, May 27th , we are memorializing those that have sacrificed, this year it will include 150th celebration of the civil war soldiers an element of our parade and an element of the ceremony following the parade will be dedicated to that 150th anniversary. It is also the Bicentennial of Warren County formed in 1813, many events will be held during this year. • This is the 250th Anniversary of when the Quakers move here ...1763 showed the public the poster that is for sale at the Town Clerk's Office $20.00 SUPERVISOR RONALD MONTESI • The Town has reached a tentative agreement with the City to build a bridge on city property over Clendon Brook as a pedestrian and bike way...this would connect Hudson Pointe Nature Preserve with a Nature Preserve owned by the Open Space Institute. This bridge would be funded out of the Recreation Capital Project Fund. A license with the City is now being prepared to allow for the bridge to be built. • The Annual Drinking Water Quality Report for the Water Department has been completed...noted items in the report there are eighty two hundred connections they serve twenty one thousand people also serving Kingsbury, Hudson Falls, Moreau and Warren and Washington County Industrial Park...total amount of water produced in the previous four billing cycles is two billion gallons...the average is five million five hundred thousand gallons with our highest day of twelve million six hundred and forty gallons...Thanked the employees of the Water Treatment Plant, in 2013 filter no. 4 will have been re-built saving the taxpayers a significant amount. • Thanked Look TV and our sponsors RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 229.2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 6th day of May, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Montesi NOES: None ABSENT: Mr. Brewer Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury