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2008-04-21 MTG. #17REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 650 TOWN BOARD MEETING MTG. #17 APRIL 21, 2008 RES. 224-238 7:00 p.m. BOH. 3-4 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS CHUCK RICE- SUPERINTENDENT OF BUILDING AND GROUNDS PLEDGE OF ALLEGIANCE LED BY RONALD MONTESI RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 224,2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 21st day of April, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE FOR GEORGE PENSEL- BOATS BY GEORGE NOTICE SHOWN PUBLICATION DATE:APRIL 11, 2008 PUBLIC HEARING OPENED TOM NACE, ENGINEER- We looked at the existing septic system as part of a permanent renewal process, found that the existing septic system was in jeopardy with high ground water and was not functioning the way it should. We looked at alternatives for replacing it. It would have to be a raised system in order to replace it on the site. We don’t have enough existing soil. The town code requires three feet of existing soil to ground water, we did not have that. We opted for the alternative of a holding tank system. We are proposing a system which will include initially two fifteen hundred gallon tanks with the flow and the pump out frequency to be monitored over the first year. SUPERVISOR STEC- Alarms and shut offs REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 651 ENGINEER NACE- Typical alarms, solenoids shut off for the water if the second tank gets full. SUPERVISOR STEC- This is a seasonal residence? ENGINEER NACE- No this is the marina, Boats by George Marina. At any rate the flow is quite variable in that system. We don’t have a good handle on what exactly what it is so therefore we are proposing two tanks initially with the alternate to go to a third tank if the first year proves to require pump outs too frequently. SUPERVISOR STEC- I will open the public hearing, if there are any members who would like to comment on this public hearing I just ask that you raise your hand and I will call on you one at a time. Does the Board have any questions for Mr. Nace or Mr. Pensel? COUNCILMAN MONTESI- Tom, eliminating water out of the Lake George basin is generally a concern sometimes, we don’t want to be in violation of that. What’s to be said here interesting enough is most of this is going to be pump outs from boats right? ENGINEER NACE- No, those are already put in the holding tank and taken off site. This will be the existing toilet facilities in the building. SUPERVISOR STEC- Any other questions? Again, the public hearing is open if there are any members of the public that would like to comment on this public hearing. John COUNCILMAN STROUGH- I didn’t see any test pit data there. ENGINEER NACE- It was on the drawing. No, I’m sorry, it was in the report. It wasn’t because of the way Jim did the drawings. COUNCILMAN STROUGH- I didn’t see the report either Tom. All I got was engineer report last page, is what I’ve got in my thing, it says due to shallow depth to ground water replacement leech field designed to current standards would have to be a fill or raised system. But, I didn’t see any test pit data. ENGINEER NACE- Under that same report it says existing site condition, two test pits in areas just east and north of the reported leeching field showed seven inches of top soil loamy sand and a trace of silt and gravel to approximately seventeen inches and firm sand and gravel to the bottom of the test pit. Modeling was at a depth of twenty and twenty two inches in the two test pits. COUNCILMAN STROUGH- So, that was your first sign of water was at twenty inches? ENGINEER NACE- That is correct, modeling which request a fill system. COUNCILMAN STROUGH- How deep will the tanks be? ENGINEER NACE- The tanks will be approximately seven feet deep. They will be down obviously into the ground water but they are, we looked at floatation and the weight of the tanks is sufficient to prevent floatation. COUNCILMAN STROUGH- Are we going to need, because of the buoyancy, the potential buoyancy of the tank are we going to need some kind of a securing system? ENGINEER NACE- That’s in the drawing, excuse me it’s been a while since I’ve looked at this, but we did look at buoyancy and the tank weight itself is sufficient when the tank is empty. COUNCILMAN BREWER- About what do they weigh Tom? ENGINEER NACE- I’d have to back in my notes. REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 652 COUNCILMAN BREWER- Roughly ENGINEER NACE- Roughly COUNCILMAN BREWER- A ton? ENGINEER NACE- No, several tons. I want to say thirty five hundred pounds a section and there are two sections. COUNCILMAN MONTESI- Tom, I guess the concern that some of the Board Members and myself would have is if they are not secured and there is some high ground water and buoyancy what is to prevent that intake from being snapped off? ENGINEER NACE- I have looked at the buoyancy and it is sufficient. I will be glad to check it to make sure and if necessary we will have tie downs. I went through the first design cut and I looked at that and did not include it or did not need it. I will certainly be glad to check it and if they’re required I’ll put them. Dan Ryan has also looked at the plans. SUPERVISOR STEC- Did he have any comments? ENGINEER NACE- No, he did not SUPERVISOR STEC- Okay is there anyone from the public at all before I close the public hearing. I’ll close the public hearing and we will have some Town Board discussion. John COUNCILMAN STROUGH- I do have a preference especially for the Cleverdale and Rockhurst area and I will be honest with you for holding tanks. But, most people come to us that are seeking holding tanks who do not have enough lot area. Now you are making the same claim but I see a lot of lot area. I mean I see almost three acres. Why couldn’t you fit a traditional absorption even if it is above ground absorption system? ENGINEER NACE- What happens with the fill system John is that we get the setbacks once you go to a fill system. The required setbacks are from the edge of the taper or the fill. The taper or the fill has to be twenty feet beyond the edge of the field. Now you have the field itself and so you have twenty feet of taper and then ten foot of setback to a property line or a building. When you add those in it takes up a lot of space. We looked at putting it where it is and spreading it out toward the road, toward Cleverdale Road and back to the edge where the boats are parked and there is just not enough room. You can only get about a four hundred gallon system in that space. COUNCILMAN STROUGH- Alright, like I said at least with a holding tank I know where it is and I know where it’s going, so I do like those two aspects. ENGINEER NACE- Yes, we felt in this situation it was preferable. COUNCILMAN STROUGH- Okay SUPERVISOR STEC- Alright, any other discussion by Board Members? Alright, I’ll entertain a motion. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR GEORGE PENSEL – BOATS BY GEORGE RESOLUTION NO.: BOH 3, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 653 SECONDED BY: Mr. Ronald Montesi WHEREAS, George Pensel – Boats by George applied to the Local Board of Health § for a variance from Chapter 136, 136-11, which requires an applicant to obtain a variance for a holding tank and the applicant wishes to install two 1,500 gallon holding tanks as a replacement wastewater system on property located on the west side of Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing st concerning the variance request on Monday, April 21, 2008, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variance, the Local Board of Health finds that the variance will not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of George Pensel – Boats by George for a variance from the Sewage Disposal Ordinance to allow installation of two 1,500 gallon holding tanks as a replacement wastewater system on property situated on the west side of Cleverdale Road in the Town of Queensbury bearing Tax Map No.’s: 226.16-1-37 and 226.16-1-38. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 654 NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 4, 2008 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED , that the Queensbury Board of Health hereby adjourns its meeting and moves back into regular Town Board session. Duly adopted this 21st day of April, 2008 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None TOWN BOARD MEETING 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING- HALFWAY BROOK STORMWATER DRAINAGE CAPITAL PROJECT #171 NOTICE SHOWN PUBLICATION DATE: APRIL 11, 2008 DAVE WICK, WARREN COUNTY SOIL AND WATER- Thanks for having me here today. I’m happy to talk a little bit about what we are trying to do in the Town of Queensbury for Halfway Brook. My name is Dave Wick; I’m with Warren County Soil and Water Conservation District. We have been working with the Town of Queensbury since probably the mid 90’s to improve Halfway Brook, to improve its habitat, improve its water quality. This Town Board has been exceptional in its support of conservation efforts for the brook and this project is no exception. What we have done, in the mid 90’s we did quite a study of Halfway Brook and its watershed that starts all the way over on West Mountain and flows all the way down through Fort Ann, outlets into the Champlain Canal. One part of that study was to take a look at the storm water run-off. What was going into the brook and try to figure out where the biggest water quality impacts were coming from. What we discovered was the largest water quality impacts to the brook and that entire watershed were coming from the Route 9 corridor, Aviation Road corridor. The challenge in that corridor is that we have very little opportunity to do water quality improvements so we’ve kind of struggled over the years trying to figure out what we can do with that and looking for funding. What we ended up doing over the last couple few years working with Supervisor Stec and John Strough and Ron Montesi and a few other folks that have been involved with this is to study the corridor itself and take a look at what opportunities we have to take existing storm water run-off and try to treat it in whatever fashion we could. We came up with an assessment specifically of that corridor and what it did was kind of outlined what available green spaces were there to take that storm water and try to get it treated and get it back into the ground, infiltrated back into the ground, and the sites were limited but what we did find was an opportunity right at the storm water out fall. The storm water out fall on Halfway Brook, the large one drains REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 655 a huge section of commercial and developed property that runs from Aviation Mall down Aviation Road, it turns and then runs down south on Route 9 ultimately out letting into Halfway Brook across from the Price Chopper. It is about a thirty six to forty two inch culvert pipe that drains that entire corridor. At any given time you can see cigarette butts and soda bottles and every possible thing coming out of that culvert. It is the most developed roadway corridor flowing into any brook within Warren County that I’m aware of. That being the case it’s got some challenges to try to address some of these things but what we did was put together a proposal in concert with the Town of Queensbury about a year ago to the Department of Environmental Conservation and we ask for about $184,000 to take the existing flow and chop into that subsurface drainage, that storm water run-off and try to do whatever we could to treat it and then ultimately outlet back into the brook. Halfway Brook is a double “A” special trout stream which means it suppose to be the highest quality water, we have been working to get it to that attainment over the last decade or so. We were successful in receiving those funds and we were largely successful in receiving those funds based on the Town of Queensbury’s commitment to the project financially and in personnel services. COUNCILMAN BREWER- Dave, can I interrupt you and ask you what status is that brook right now? MR. WICK- It still is listed as Double A special, I’m sorry it’s double “A” and trout. It is classified as that. That’s the highest obtainable level. That is what it is kind of shot for COUNCILMAN BREWER- So, another word it’s not down and we are trying to bring it up. It is at the point where it is suppose to be now? MR. WICK- Well, the classification is they would take all the pollutants out of the system and say what should this stream be. They are saying that Halfway Brook itself should be a trout stream and it should have the highest water quality classification. That is the way the DEC classifies streams. They don’t say this is the water quality in that stream therefore it merits a “C” because the water quality is degraded they say what should the stream be and that’s how they classify the stream. So right now it is double “A” and a trout stream also. Working with the Town of Queensbury we did a number of habitat improvement structures in the brook and have seen a real surge in brook trout in that brook since about 2001-2002 when we did that project. It is coming back, we’ve been doing a lot of work on it. COUNCILMAN MONTESI- I know in front of Lowes we did some stuff and in front of the bridge over Quaker Road. What did you call those? Back Wash? MR. WICK- Yes, that’s where we did a lot of the habitat structures. We did bank covers, we did lunker structures. We tried to reduce the width of the channel where it was over- widened. When you reduce the channel width you increase the velocity wash out, a lot of the finer sediments that kill the eggs from the spawning trout, so we brought back some of the spawning beds. We did that all the way through from Coles Woods all the way down to pretty much the county line. COUNCILMAN MONTESI- I think in front of Lowes didn’t we have some of the highway department guys from other towns come and watch that project too? MR. WICK- That was actually on a project over behind the Independent Living Center. We got some dollars from … to show how to do bioengineering practices; bioengineering is try to do hard structures but make them green. So we took … and had eroding section of stream bank and we had different highway departments from all over this area come and see how you can do natural stream channel protection for relatively low cost, so that was another section on Halfway Brook that was about five or six years ago. SUPERVISOR STEC- I was just going to say if you are wrapping up that thought, this has been something that we have been working on and we are very happy to have that grant announcement last year. I was encouraged by the reaction I read on the faces of the engineers you met with on site last week with Ron that they didn’t seem to bat an eye at all with the turn around time. It would make pretty clear that the game plan is to design REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 656 and construct in the 2008 season. Just for a preamble to the opening the public hearing the grant that we received is $186,000 to Warren County Soil and Water. It requires a fifty percent match, so an additional $186,000. The Town tonight is considering that match with a ten percent contingency if necessary, we don’t expect it to be necessary. So the total Town match that would be authorized if we adopt this tonight will be $204,600 from a drainage reserve fund that was put in place a few years back. As we tap into that and this will certainly be by far the largest amount for drainage work that we’ve taken on in the eight years that I’ve been around town government. But certainly, if we need more, not for your sake, but you should know this too, that we run out if we need to refill this particular reserve fund for another drainage project, I know that we have been working on a few other things of smaller size with you and your organization. I want to echo Ron’s sentiment, you guys have been tenacious on getting this grant and on getting this project, making sure it doesn’t fall off the table. This will treat the storm water from basically flowing from near the Mall down that section past Burger King and then from the intersection with Quaker Road and Route 9 south all the way Enterprise Rental Car. I want to thank the owner of Enterprise Rental car. He has been extremely flexible and generous with the municipalities involved, particularly the Town in allowing us to use his property. He’s been very easy to deal with, from everything you’ve told me. Enterprise Rental Car has certainly been a nice, stand-up business neighbor for this project. We could have gotten a lot of run around from a lot of property owners. This is prime real estate and I don’t think it will impact him but it has a potential to at least inconvenience him and he has been really great. So I want to thank Enterprise Rental Car and that owner for working with you on this project. Hopefully, we will hold up our end of the bargain and pay him back with an efficient project that he won’t regret; but I’m confident that we will because of the work that you put into it. COUNCILMAN MONTESI- Dave, you might just want to explain what we are doing on the Enterprise property. MR.WICK- What we are doing is everything is going to be subsurface. It is going to be underground. The idea is to chop into that drainage pipe and to divert it into a very large system of underground concrete chambers, they are called hydrodynamic separators. The idea is that you put them into these chambers, water swirls around slows down a little bit and all the pollutants either drop to the bottom or the oils and greases float to the top and the cleaner water flows out. You need to maintain these structures on a regular basis and Mike Travis from the Queensbury Highway Department has already stepped up and offered to maintain this device which is fantastic. The overall design and construction cost we are estimating in the range of three to four hundred thousand dollars but once again this is the largest storm water impact to Halfway Brook. Just as a very quick side note I’ll note that just north of there, the second largest impact to Halfway Brook comes from the Route 9 section from Walmart down to the Monroe Muffler and that flows directly into Cemetery Brook which goes to Halfway Brook. We are doing a massive storm water treatment and infiltration system hopefully there this summer and that will be at no cost to the Town of Queensbury. The developer is paying for all of those costs because he needed access from state property so they did a transfer of land and that will be about a two to three hundred thousand dollar storm water project. COUNCILMAN MONTESI- That is on the corner of the Northway Plaza property MR. WICK- It is the Northway Plaza property and that will go this summer. So between these two projects we are going to see a dramatic increase in the water quality at Halfway Brook. SUPERVISOR STEC- Is there existing data that you will be able to go and collect new data that you will be able to identify did it make an impact or not? I imagine there is. MR. WICK- Yes SUPERVISOR STEC- What is that? MR. WICK- Well, a couple of different things. We are going to be sampling above and below Halfway Brook at the out fall and we are going to try to do that before we do the REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 657 project this summer and we are also going to try to get some flow data that’s within the pipe system itself pre the system and then post the system to at least see what we are removing and then we are going to do a sieve analysis of the material to see what we are removing and then we are going to a sieve analysis of the material that we are removing and kind of extrapolating over time the amount of material and the type of material that we are removing. That is the project in a nut shell and we certainly appreciate the Town of Queensbury’s support on this. SUPERVISOR STEC- Thanks Dave. I will open the public hearing at this point. If there are any members of the public that would like to comment or ask any questions on this public hearing regarding this drainage project just raise your hand. Any addition comments from Board members. COUNCILMAN STROUGH- Dave, are we going to be, the northern part of the Home Depot Plaza, we had a CDS system put in there, which is the same principle and I don’t know if you are going to go with CDS or another company. MR. WICK- Yes COUNCILMAN STROUGH- Same principle with the swirl, taking out the floatables and sediment. They also have the sorbent tablets they have to put in there which according to their calculations takes out eighty percent of the hydrocarbon pollutants. Are we going to be using sorbent tablets in this? MR. WICK- We are actually. What’s interesting we have a meeting, we hold an annual storm water trade show every year with all the storm water vendors that make a product anywhere related to storm water management. We’ve got commitments from a gentleman from Abtech that makes a thing called smart sponge. They are trying to promote their product up here so we have gotten him to essentially donate materials for the first year to see how that system works and he’s got a large market up here in doing storm water management. So we are getting him to donate those products. That’s a cutting edge product, that’s beyond the sorbent material. This is the sorbent material but what it does through a polymer system locks it right into that and there is no possible way it can leech back out. So we are going to include that into the system for at least the first year and it should be at no charge to the project. COUNCILMAN STROUGH- That is good news. Thank you. SUPERVISOR STEC- Any other comments? Anyone from the public? Alright, I will close this public hearing and entertain a motion. RESOLUTION AUTHORIZING ESTABLISHMENT OF HALFWAY BROOK STORMWATER/DRAINAGE CAPITAL PROJECT #171 RESOLUTION NO.: 225, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the New York State Department of Environmental Conservation recently awarded a $186,000 grant to the Warren County Soil & Water Conservation District (Warren County) for work to be performed to the benefit of the Town of REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 658 Queensbury, that carries with it the requirement of a local match which can take the form of services in kind, as well as matching funds, and WHEREAS, such grant funds are to address storm water runoff for Halfway Brook in the Town of Queensbury (the “Project”), specifically, the major storm water outfall from Route 9 into the brook adjacent to the Enterprise Rent-a-Car which is the single largest source of storm water runoff pollutants into Halfway Brook, and WHEREAS, Warren County will provide the “in-kind” services in connection with such grant funds, and WHEREAS, as a full partner in the Project, the Town of Queensbury previously agreed to provide the 50/50 matching funds, and WHEREAS, in 2006, it was estimated that the Town would contribute $186,000 (to match DEC’s cash grant of $186,000) but since the estimates are now two years old, the Town Board wishes to add a 10% contingency to their match of $186,000, bringing the Town’s match to an amount not to exceed $204,600, and WHEREAS, the Town Board wishes to finance the proposed Project through the Town-Wide Drainage Fund #66 established by Resolution No.: 475,2006, and WHEREAS, the Town Board scheduled and duly held a public hearing on st Monday, April 21, 2008 concerning establishment of the Halfway Brook Storm water/Drainage Capital Project and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of a Capital Project Fund to be known as the Halfway Brook Storm water/Drainage Capital Project Fund #171 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer from the Town of Queensbury Town-Wide Drainage Fund #66 in the amount of $204,600 to transfer to Halfway Brook Storm water/Drainage Capital Project Fund #171, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 659 RESOLVED that the Queensbury 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: ? Revenue Acct No. – 171-0000-55031 (Interfund Revenue) $204,600; and ? Expense Acct No. – 171-8540-2899 (Capital Construction) $204,600; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2008 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the repair and replacement of the drainage infrastructure for Halfway Brook in the vicinity of the Enterprise Rent-a-Car for an amount not to exceed $204,600 as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary Agreements or documentation associated with such project and the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 660 ABSENT: None 2.2PUBLIC HEARING- WATER TRANSMISSION SYSTEM IMPROVEMENTS IN AREA OF NORTHUP DRIVE, BULLARD AVENUE, LINDEN AVENUE AND SECTION OF PARK PLACE WITHIN QUEENSBURY CONSOLIDATED WATER DISTRICT NOTICE SHOWN PUBLICATION DATE: APRIL 11, 2008 SUPERVISOR STEC- We won’t be having this public hearing tonight because there was an error in setting it. There was an error in the dollar amount that we want to correct. We will be doing that with the first resolution tonight to set a new public hearing for Monday, May 5, 2008. 3.0 PRIVELEGE OF THE FLOOR (RESOLUTIONS ONLY LIMIT- 3 MINUTES) PLINEY TUCKER- Spoke regarding resolution 4.6- Authorizing Hiring of Temporary Employee in Building and Grounds Department Through the “Labor Ready” Employment Service Agency. Questioned the reason for hiring from this agency. Supervisor Stec explained that Labor Ready gives the Town a lot of flexibility and a lot of control over the situation. Labor Ready is in place to help us. This would authorize this employment services agency to provide us on a maximum amount of $2,500 for the year. So this is if we need somebody for a couple days here or there when people are out sick. 4.0 RESOLUTIONS ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENTS OF NORTHUP DRIVE, BULLARD AVENUE AND LINDEN AVENUE AREA FACILITIES – QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 226, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing water mains on Northup Drive, Bullard Avenue and Linden Avenue REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 661 and a section of Park Place installing a water main and copper service lines to the homes served, all in accordance with New York State Town Law §202-b, and WHEREAS, Burley-Guminiak & Associates, professional engineers, have prepared an Engineer’s Report (the “Map and Plan”) concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202- b(5); NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The proposed improvements are: (a) replacement of existing 6” diameter asbestos cement (ACP) water mains with class 52 (heavy wall) 8” ductile iron pipe (DIP) along Northup Drive, Bullard Avenue, Linden Avenue and a section of Park Place between Bullard and Linden Avenue; (b) replacement of service laterals to individual property lines with ¾” copper pipe. 2. The maximum amount proposed to be expended for such improvements is $441,215.00. 3. The cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one- or two-family home will not be increased and may decrease as a result of the project. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 662 in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, May 5, 2008 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 6. 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 §202-b. st Duly adopted this 21 day of April, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MONTESI- Where are they setting this up? COUNCILMAN BREWER- It’s at the old Dexter COUNCILMAN STROUGH- Do we have to do a SEQRA? SUPERVISOR STEC- It’s not in the resolution COUNCILMAN STROUGH- It’s in the package COUNCILMAN BREWER- I don’t think we do John COUNCILMAN STROUGH- Well, if it is the same thing we’ve done SEQRA on this before. I don’t see why we would have to do it again. SUPERVISOR STEC- It’s not in our resolutions but I suppose we could do it and just include it in our resolution. COUNCILMAN BREWER- I don’t think we need to COUNCILMAN STROUGH- If we don’t do it is it going to hold them up? SUPERVISOR STEC- We could do it. I’ll read the questions. TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR BOSS HOSS CYCLES & TRIKES OF STAMFORD PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY) REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 663 A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE NO FULL EAF. B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED NO AGENCY. ANY C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF NO LEGIBLE) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. Potential for erosion, NO drainage or flooding problems? Explain briefly. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural NO resources or community or neighborhood character? Explain briefly. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or NO threatened or endangered species? Explain briefly. C4. A community’s existing plans or goals as officially adopted, or a change in NO use or intensity of use of land, or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by NO the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? NO Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy? NO Explain briefly. D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY NO E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN NO BRIEFLY. RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR BOSS HOSS CYCLES & TRIKES OF STAMFORD RESOLUTION NO.: 227, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 664 WHEREAS, Boss Hoss Cycles & Trikes of Stamford has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market th th License to conduct a transient merchant market from June 7through June 10, 2008 at 1468 State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the Town’s Zoning Administrator has advised the Town Board that he has reviewed the application materials and they are consistent with the requirements for such uses, and since the 2008 application depicts the same level of operations as approved with the applicant’s 2007 Transient Merchant License, it is not necessary to again refer the application to the Planning Board for site plan review, and WHEREAS, the Warren County Planning Board also reviewed the applicant’s prior application(s) and recommended approval of the prior application(s), and WHEREAS, the Town Board considered the Short Environmental Quality Review Act Form concerning this application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that there will be no negative environmental impact concerning this application and therefore issues a Negative Declaration, and BE IT FURTHER, 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 Boss Hoss Cycles & Trikes of Stamford (Applicant) to conduct a transient merchant market located at 1468 State Route 9, Queensbury, subject to the following: 1. Applicant must pay all fees as required by Town Code Chapter 160; 2. Applicant must submit a bond in the amount of $10,000 as required by Chapter 160; 3. Applicant 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; REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 665 thth 4. The License shall be valid only from June 7 through June 10, 2008 from 8:30 a.m. to 4:30 p.m., and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. The Applicant 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 Sheriff’s Office enforce parking issues on Route 9 and throughout the community. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING LAKE GEORGE TRIATHLON RESOLUTION NO. 228, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Adirondack Triathlon Club, a not-for-profit organization, has requested authorization from the Queensbury Town Board to conduct the Lake George Triathlon to benefit local organizations including the Glens Falls YMCA Youth Scholarship Program as follows: REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 666 SPONSOR : Adirondack Triathlon Club EVENT : Lake George Triathlon th DATE : Sunday, September 14, 2008 TIME : Approximately 9:15 a.m. – 11:30 a.m. (Bike Leg Portion) PLACE : Warren County Bike Trail and then Birdsall, Round Pond, Blind Rock, Haviland, Rockwell, Sunnyside, Jenkinsville and Ridge Roads (Map and letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Triathlon Club to conduct the Lake George th Triathlon partially within the Town of Queensbury on Sunday, September 14, 2008, 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. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPOINTING JENNIFER BAERTSCHI AS RECREATION PROGRAM ASSISTANT ON PERMANENT BASIS RESOLUTION NO. 229, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 137,2007, the Queensbury Town Board appointed Jennifer Baertschi as Recreation Program Assistant on a provisional basis until such time as REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 667 Ms. Baertschi successfully completed the Warren County Civil Service Exam for such position and a six month probation period, and WHEREAS, Ms. Baertschi has successfully passed the Warren County Civil Service Exam for such position, and WHEREAS, Ms. Baertschi has also successfully completed her six month probation period and therefore the Town Board may appoint her on a permanent basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Jennifer Baertschi to the position of Recreation Program Assistant on a permanent basis subject to a six month th probation period commencing April 7, 2008, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of April, 2008 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF TEMPORARY LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 230, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire three (3) temporary Laborers to work for the Town’s Highway Department, REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 668 WHEREAS, funds for such positions have been budgeted for in the 2008 Town Budget, and WHEREAS, the Highway Superintendent has advised the Town Board that one of the three temporary Laborers is Matthew Flewelling, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees’ relatives and Matthew Flewelling is the son of Richard Flewelling, an MEO in the Town Highway Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Matthew Flewelling, John Beach and Thomas Korb to work as temporary Laborers to work approximately 18 weeks for the Town Highway Department commencing on or st about May 1, 2008, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such temporary employee shall be paid $12.50 per hour as set forth in Town Board Resolution No.: 51,2008 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Deputy Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 669 RESOLUTION AUTHORIZING HIRING OF TEMPORARY EMPLOYEE IN BUILDING AND GROUNDS DEPARTMENT THROUGH THE “LABOR READY” EMPLOYMENT SERVICE AGENCY RESOLUTION NO.: 231, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that one of his employees will be out of work for an indefinite period due to injury and therefore has requested Town Board authorization to hire a temporary laborer to work in the Building and Grounds Department on an “as needed” basis in order to allow the Department to complete its workload in a timely manner, and WHEREAS, the Facilities Manager has further requested that the Town Board authorize the hiring of such temporary employee on an “as needed” basis through the “Labor Ready” employment services agency, and WHEREAS, the Town Board has considered the Facilities Manager’s request and agrees that such temporary employment is appropriate and necessary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Facilities Manager to hire a temporary employee to work in the Building and Grounds Department, through the Labor Ready employment services agency, on an “as needed” basis up to a maximum amount of $2,500.00 during the 2008 fiscal year without further Town Board authorization, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment of invoices for such services as a prepaid item in order to avoid late charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take all actions necessary to effectuate a budget amendment from Salaries Account No.: REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 670 001-1620-1010 to Temporary Personnel Account No.: 001-1620-4155 in the amount of $2,500 to provide for payment of such temporary employment services, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute all documentation needed to effectuate the labor services arrangement between the Town and Labor Ready, and the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER BRIAN CLEMENTS AS REGULAR MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 232, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 523,2006, the Town Board appointed Brian Clements as an alternate member of the Zoning Board, and WHEREAS, a regular Zoning Board vacancy exists and therefore the Town Board wishes to appoint Mr. Clements to serve as a regular member of the Zoning Board, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 671 RESOLVED, that the Queensbury Town Board hereby appoints Brian Clements to serve as a regular member of the Town’s Zoning Board of Appeals until his term expires on st December 31, 2011. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER JOAN JENKIN AS REGULAR MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 233, 2008 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 (ZBA) in accordance with applicable New York State law, and WHEREAS, by Resolution No.: 522,2006, the Town Board appointed Joan Jenkin as an alternate member of the Zoning Board, and WHEREAS, a regular Zoning Board vacancy exists and therefore the Town Board wishes to appoint Ms. Jenkin to serve as a regular member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Joan Jenkin to serve as a regular member of the Town’s Zoning Board of Appeals until her term expires on st December 31, 2011. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None DISCUSSION HELD BEFORE VOTE: REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 672 COUNCILMAN STROUGH- Just want to point out that I was out of town at the time of the interview so I am going to abstain and I don’t know him. It is the only fair thing for me to do. COUNCILMAN BREWER- I wasn’t here either. RESOLUTION APPOINTING RONALD KUHL AS ALTERNATE MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO. 234, 2008 INTRODUCED BY: Mr. Tim Brewer 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 Ronald Kuhl as an alternate member of the Zoning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Ronald Kuhl to serve as an alternate member of the Queensbury Zoning Board of Appeals, such term to st expire on December 31, 2012. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None ABSTAIN: Mr. Strough, Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, “TAXATION” BY AMENDING ARTICLE III ENTITLED “EXEMPTION FOR VETERANS” REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 673 RESOLUTION NO. 235, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2008 to amend Queensbury Town Code Chapter 155, “Taxation,” Article III thereof entitled, "Exemption for Veterans,” to provide for an increase in the cap or maximum exempt amount for Veterans’ tax exemptions in accordance with New York State Real Property Tax Law §458-a and provide for a Cold War Veteran’s Exemption in accordance with New York State Real Property Tax Law §458-b, and WHEREAS, this legislation is authorized in accordance with New York State Real Property Tax Law §458-a and New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th May 5, 2008 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2008, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2008 in the manner provided by law. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 674 RESOLUTION SETTING PUBLIC HEARING REGARDING TOWN HIGHWAY DEPARTMENT’S REPLACEMENT OF COLLAPSED MANHOLE COVERS LOCATED ON WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.’S PROPERTY AND CORRESPONDING AMENDMENT TO FIRE SERVICES AGREEMENT RESOLUTION NO.: 236, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury and the West Glens Falls 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, two (2) manhole covers located on the Fire Company’s property, specifically on the north side of the Firehouse located at 33 Luzerne Road, have collapsed, and WHEREAS, this unexpected property damage will increase the cost of providing necessary fire protection services to the Town, and WHEREAS, the Town Highway Superintendent has advised the Fire Company and Town Board that the Highway Department could make the needed repairs with the dollar value of in-kind services estimated not to exceed $1,200, where the Fire Company will pay the cost of the necessary materials, and WHEREAS, the Town Board wishes to set a public hearing concerning the Town Highway Department’s proposed replacement of the collapsed manhole covers located on the Fire Company’s property and the corresponding increase in the Fire Company’s budget and amendment of its Fire Services Agreement, and WHEREAS, the Town Board feels that doing this will cost less to the Town’s taxpayers than the Fire Company paying to correct this damage by contracting with a third party, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 675 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the estimated $1,200 increase in the West Glens Falls Volunteer Fire Company, Inc.’s budget for the Town Highway Department to replace collapsed manhole covers on the north side of the Fire Company’s station located at 33 Luzerne Road, and the corresponding amendment to the Fire Company’s Agreement with the Town of Queensbury for fire th protection services, on Monday, May 5, 2008 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ST WARRANT OF APRIL 21, 2008 RESOLUTION NO.: 237, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of April 17, 2008 and a payment date of April nd 22, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thnd run date of April 17, 2008 and payment date of April 22, 2008 totaling $1,290,124.79, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 676 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of April, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 5.0CORRESPONDENCE NONE 6.0PRIVELEGE OF THE FLOOR (LIMIT- 4 MINUTES) JOHN HODGKINS- ? Spoke regarding Rush Pond Bike path. A previous meeting exposed the scope of this project. There are a great deal of people who are in support of this project. Wanted to take the opportunity to voice his opinion. The Town already has plenty of opportunities for biking. For those who think the bike travel will be an alternate mean of transportation throughout our community, reminds them that the winters are very long around here. He does not agree with the proposed location of the bike path. This Town has generously spent money on recreation. If we pursue costly projects such as the proposed Rush Pond path we should all be prepared for a sizable tax increase. We have other mandated items that should come up first. He urges the Board to continue to look at this very closely before we press forward on this costly project. JOHN COZZENS III- ? Presented document entitled Ward Boundaries and their effects on Voter 04-21-2008 Representation within the Queensbury Town Board. See attachment MTG Attachement.pdf PLINEY TUCKER- ? Spoke regarding discussion at the last Regular Town Board Meeting about a dog park and Supervisor Stec’s recommendation to that individual to go to the Parks and Recreation Department. ? Asked Supervisor Stec to start reporting on how much money the Town takes in. ? Spoke with Barbara Tierney regarding the Transfer Station Project. He asked her for the breakdown of 2006 and 2007 on money spent and operation costs. 7.0TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- ? Met with the Queensbury Senior Citizens. They have proposed and even designed a sign for the front of the Community Center. This will be a great way for the Town to advertise meetings as well as advertise activities that take place each month. They have talked about doing some fund raisers for this. REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 677 ? Was made aware of a meeting being held tonight of the Glen Lake Protective Association. He received a call this afternoon from a resident of Glen Lake concerned about a memo she read stating that the Town Board apparently told the Glen Lake Association that the Town will no longer support Glen Lake financially. Just wants to clarify that this past year the Town gave the Glen Lake Protective Association $75,000 for a matching grant for milfoil mitigation with the understanding that in the future they will try to put together a tax district to hopefully in future years be able to pay for some of this milfoil mitigation themselves. But in no way as a Town Board tell any resident of Glen Lake that we would not support them financially and I just want to clarify that for the record. While we would love to see that they put together a taxing district for projects like milfoil that doesn’t mean we are going to turn our backs on any resident of Glen Lake or anywhere for that matter. I just want to make sure that message gets across to those people. I won’t be able to make the meeting tonight but I will follow up with this. COUNCILMAN MONTESI- ? The Town Board met last Monday at a workshop with the Water Department and there were a couple of priority items that had to be addressed. One of them is a new roof. We have some severe leaks there. We have recommended and they are working on a design for replacing that roof. ? He will be walking the proposed Rush Pond proposed trail along with Councilman Strough within the next week. ? Received a call from our Attorney, John Casey, asking him to take a walk up French Mountain with DEC and Soil and Water so they can make some recommendations to the judge as to what environmental damage might or has been done. This is scheduled for April 29, 2008. Mr. Casey will be calling Mr. Stranahan and Mr. Macchio on that date so they will know that they will be on the property. COUNCILMAN STROUGH- ? Spoke regarding a meeting he had with Councilman Montesi, Cathi Radner, Craig Brown regarding drafting some amendments for the transient merchant law that we currently have on the books. Looking to present a draft to the Board within a month. ? Also had a meeting with Kathleen Hope of the Office Telecommunications, the cable municipal assistance section of the department of public service. This was the second meeting discussing renewal of our cable franchise agreement. We made some good head way. I can set up appointment with the negotiator from Time Warner. COUNCILMAN BREWER- ? Spoke to Keith Shearer at the Transfer Station regarding tire day. He is expecting to schedule that sometime in May. ? The new hopper will be installed at the Transfer Station at the end of April. It will probably start on a Sunday, closed Monday, Tuesday and reopen on Wednesday. Then after that we can do the cement work. ? Received call from some families in Bedford Close regarding water run off from West Mountain. Would like to find out if there was a report for water being blamed from West Mountain down into Bedford Close. There was one home where a wall collapsed on the west end of the house. The north end of the house the wall is buckled. I presume it is ground water. I have been asked along with some else from the Board, the engineer and the Highway Superintendent to go over and take a look. Councilman Montesi recommended that they speak to Coach Labombard; he lives right next to the house that is being damaged. The last time this happened he had to give an easement through his back yard. Mike Travis was over there for a couple of hours today speaking to neighbors trying to get some more information. In their investigations they went through and found that the Town’s drainage system is in good shape and is working properly. REGULAR TOWN BOARD MEETING 04-21-2008 MTG #17 678 SUPERVISOR STEC- ? In a little less that three years the Town has collected two million dollars of non- property tax money to off set EMS services. We have increased the quality of the paid staffing program. ? Spoke regarding when the County realigned Meadowbrook Road to make sight distances better on that intersection Meadowbrook and Haviland. There were some issues with headlights shinning in some residents homes. The County is working on resolving that by building a berm planting some trees. ? The Town’s website www.queensbury.net Has received numerous compliments on the website. ? Thanked TV8 and our sponsors. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 238.2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 21st day of April, 2008 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury