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2008-09-22 MTG #42 REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 1 REGULAR TOWN BOARD MEETING MTG#42 SEPTEMBER 22, 2008 B.H. 19-21 7:00 P.M. RES#434-464 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BUDGET OFFICER, BARBARA TIERNEY DIRECTOR OF BUILDING & CODES, DAVE HATIN WASTEWATER DIRECTOR, MIKE SHAW CIVIL ENGINEER, CHRIS HARRINGTON PRESS TV 8 POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI SUPERVISOR STEC-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 434, 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 adjourns from Regular Session and moves in the Queensbury Board of Health. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JANE C. CAFFRY TRUST RESOLUTION NO.: BOH 19, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 2 WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, the Jane C. Caffry Trust has applied to the Local Board of Health for a variance from Chapter 136 to install a replacement raised/mound septic system 1’ from the side property line instead of the required 10’ setback on property located at 40 Bay Parkway at Neighbor’s Way, Assembly Point in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, October 6, 2008 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Jane C. Caffry Trust’s sewage disposal variance application concerning property located at 40 Bay Parkway at Neighbor’s Way, Assembly Point in the Town of Queensbury (Tax Map No.: 226.15-1-31 and 226.15-1-43) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec. Mr. Metivier NOES : None ABSENT: None DISCUSSION HELD SUPERVISOR STEC-Dave Hatin contacted the board regarding this matter last week, asked Mr. Hatin to give a brief presentation. DIRECTOR OF BUILDING & CODES, MR. HATIN-Asked board members if they received their email with the pictures of this property. This is an abandoned piece of property that may or may not be in foreclosure have not been able to contact the foreclosure company. The number that was left of the property for the cleanup has been apparently disconnected or a wrong number there is no one to contact. Asking the board to an immediate authorization to cleanup the garage and junk around the property to eliminate the immediate health hazard and let the property go through the proper foreclosure procedures. SUPERVISOR STEC-Any questions for Dave Hatin. I know that he sent us a handful of photographs in particular the dumpster, okay is there a motion. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 3 RESOLUTION DECLARING A HEALTH HAZARD AND ORDERING CLEAN-UP OF PROPERTY OWNED BY DONNA BURGOS LOCATED AT 674 MOON HILL ROAD (TAX MAP NO.: 289.7-2-6) RESOLUTION NO. BOH 20, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) has advised the Town’s Local Board of Health that he has received complaints about a large amount of household debris and garbage in the driveway of property owned by Donna Burgos located at 674 Moon Hill Road in the Town of Queensbury (Tax Map No.: 289.7-2-6), and WHEREAS, the Director has investigated and inspected the property and has advised that there is a large amount of household debris and garbage in the driveway on such property and therefore, in his opinion, there are violations of the Town’s Garbage and Junkyard Ordinances, the property constitutes a health hazard and nuisance to the neighborhood as there are small children in proximity to the property, the property is unsafe to the general public and efforts at gaining voluntary compliance by the property owner have been unheeded, and therefore the Director strongly recommends that the Board of Health take immediate action to clean-up the property as more specifically set forth in the th Director’s correspondence to the Town Board dated September 19, 2008, NOW, THEREFORE, BE IT RESOLVED, that after reviewing all of the evidence presented at this time, the Town of Queensbury Local Board of Health is of the opinion that the property owned by Donna Burgos bearing Tax Map No.: 289.7-2-6 and located at 674 Moon Hill Road, Queensbury appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard, unsafe and dangerous and there is a clear and imminent danger to the life, safety or health of the general public and therefore directs the Director of Building and Codes Enforcement to arrange for the immediate clean-up of the debris and garbage on such property and thereafter assess any charge to the real property in accordance with the emergency provisions of the New York Public Health Law. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : None REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 4 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 21, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None 2.0PUBLIC HEARINGS PUBLIC HEARING – BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO SEEK TAX-EXEMPT FINANCING TO PAY FOR UNEXPECTED EXPENSES RELATION TO HEATING OIL SPILL OPENED NOTICE SHOWN PUBLICATION DATE: September 11, 2008 SUPERVISOR STEC-The Fire Company has approached the Town Board. They had a failure of their heating oil system at the firehouse on Bay Road back in June. It put a lot of oil into the ground that required an extensive hazard waste cleanup then repair of the septic system and repair of the oil system. With that they filed with their insurance company the claim, the claim was denied basically right now I think it is probably fair to say and I will let the fire company answer any questions. They have a claim that has been denied and they are going through channels with their legal counsel and a couple of insurance companies to try and sort this matter out. In the meantime they have already had the work performed, which really couldn’t wait. The bills have totaled about a hundred and sixty thousand dollars to a hundred and seventy thousand dollars with potential to climb a little bit more. They have asked the Town to consider allowing them to take out a loan. They have researched this and found a ten year tax exempt loan with TD Bank North for an amount up to two hundred thousand dollars that they would like to take out. Anytime that any fire or EMS company incurs debt they need permission of the Town, which is normally done by resolution. The reason for the public hearing was that because it is tax exempt financing so that requires a public hearing as well. That is the matter at hand that is as best as I can summarize it. I am not sure if anyone from the fire company wants to add to that before I open the public hearing. I imagine there will probably be a little Q & A; too it is not necessary if you think I covered it you’re welcome to Mr. Mellon. I will declare the public hearing opened that way we will get your comments as part of the public hearing. CHUCK MELLON, PRESIDENT OF BAY RIDGE VOLUNTEER FIRE COMPANY, AND JIM MUSCATO FROM THE LAW FIRM OF YOUNG, SOMMER REPRESENTING THE BAY RIDGE FIRE DEPARTMENT MR. MELLON-I think as Dan said some people may know we have had a spill. It th happened June 18. From an underground tank that we had outside it went into a day tank inside that we had installed a number of years ago due to gelling in the system as far as cold weather because the oil line coming under the driveway just kind of pulls the cold and it tends to gel the fuel. We had a system put in approximately five years ago with REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 5 safety systems on it; it went to a day tank. From the day tank the oil was preheated th brought to room temperature then it went to the boilers. Anyway, June 18 the system failed and oil came out of the day tank, which was in the basement went to our floor drains, which went to the sump hole from there it was pumped into the septic system, which went to the drywells. There was over thirteen hundred gallons of heating fuel that went out through there. It contaminated the ground that was a major cost for cleanup we immediately sought help of an environmental firm that specializes in this and DEC was notified immediately. There was some problems with the systems that failed and the safety systems we were basically the innocent victim of all the circumstances here we are kind of caught in the middle and we don’t have the funds to pay the bill that is why we came to the Town Board and requested the loan. That is basically is it, but Jim can answer probably go into a little more detail for you. ATTORNEY MUSCATO-Before we get to questions if it is okay I just want to add this was a good summary that you presented. SUPERVISOR STEC-That was going to be my question is did I say anything that you thought was inaccurate. ATTORNEY MUSCATO-I think everything you said was accurate and the presentation by Chuck supplemented that. I just wanted to kind of let everyone know really it is somewhat unbelievable that three separate systems would fail and it was a combination of all the failures of those systems that led to this discharge to the oil spill. What the fire department had done is that it entered into an agreement with Northern Mechanical Services to have the system installed to correct a problem they were having as Chuck had mentioned with the gelling of fuel oil coming from an outside tank. They installed a system where there would be an inside tank that would pump. When the level in the tank reached a certain point where fuel was needed in the inside tank that pump was designed to shut off automatically with a float system that would rise as the level of the tank filled the failure was that the system did not work the shut off did not work. The backup system was that there was suppose to be an alarm that when the float got to a certain level the alarm would signal that alarm was installed by New York Fire and Security. In addition to those two systems that were designed to make sure that an event like that did not happen there was a third system that was underneath the tank. It was a drip pan that would catch any oil that would spill out of the tank if the pump continued to pump even though the tank was full. That drip pan had a lever in it that would raise and sound an alarm that New York Fire and Security also installed. All three of these systems failed and it led to the thirteen hundred gallons approximately thirteen hundred gallons of fuel oil that spilled. As far as the cleanup the good news from the cleanup perspective the fire department responded immediately because of their immediate response they were able to contain the fuel oil that spilled to the drywells outside on the property. Those drywells were excavated to a depth of approximately thirty feet. No ground water was encountered and our consultant that the fire department had hired is fairly certain that all of the petroleum was captured. He has done sampling and the sampling results had been very favorable. One of the reasons why we don’t have a report to share with you tonight is because the consultant who did the work who excavated the soil has brought the soil to a disposal facility that needs to be paid. This is kind of the urgency in the situation where this consultant has vendors that he is working with in order to pay those vendors the fire department needs this money on an immediate basis that is part of the reason why there is this urgency. As you had stated we did notify the carrier immediately, our insurance carrier and the insurance carrier disclaimed we are assessing the policy and looking at whether or not that disclaimer was wrongful and we will be contacting the insurance company and going forward with a cause of action if necessary under the policy. In addition immediately the fire department contacted Northern Mechanical and New York Fire and Security to see if they would help out and step up in addressing this spill. At that point the fire department heard nothing and contacted us and we arranged a meeting actually before we arranged the meeting we sent out a letter. (Present board members with copy of letter) Basically the letter set forth potential claims against New York Fire and Security and Northern Mechanical. As detailed in that letter I won’t go into the details about those potential claims, but we are prepared to file that Cause of Action if New York Fire and Security and Northern Mechanical do not step up to this point they have not. That is the reason why we are here tonight is because they have not stepped up REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 6 and we are in need of this loan in order to pay these consultants for the cleanup work that th was done. We had a meeting on September 11 and we still have heard nothing from the parties that were responsible so we are here before the board tonight. COUNCILMAN MONTESI-Just one question is there something that can be learned from the insurance policy that the fire company had? Is there something that we should have that would eliminate this disclaimer by the insurance company? ATTORNEY MUSCATO-We reviewed the policy and there are some serious, I think wrongful claims by the insurance company as to why this was not covered. I can’t provide too much detail right now because we are going to be in litigation with the insurance company on that issue. What, I can say is that the fire department did what it was suppose to do it got insurance that would cover a scenario like this. It is pretty routine in the insurance industry to issue disclaimer letters in the first instance we think we are just faced with that initial disclaimer letter that we will need to respond, too. COUNCILMAN METIVIER-Ron, I actually sat down with the insurance agent this afternoon went through the policy with him. They did have a hundred thousand dollar pollution endorsement on the policy, which is actually pretty substantial. However, based on the report that was received from the engineer that reviewed the spill that is where they based their denial the claim from I have some concerns about that. I think the question may be raised tonight from some people what assurances do we have that you are going to continue with litigation on this. From the way, I read it I would say the insurance company actually has some ground to stand on as far as the denial is concern. In that respect we only have these two companies to fall back on and based on the engineer’s report I think you have a strong case there, but what assurances do we have from you and the fire department that you are going to pursue action against them? ATTORNEY MUSCATO-The best assurances I can give you right now is the letter that you have in front of you. That letter is a pretty strong letter setting forth those potential claims against Northern Mechanical and New York Fire and Security and we believe those claims have very good merit. COUNCILMAN MONTESI-To take it one step farther when you have insurance doesn’t the insurance subrogate against what they consider the offenders? ATTORNEY MUSCATO-I can’t speak to why the insurance company didn’t act that way in this case. COUNCILMAN METIVIER-If they had a claim that they covered they would cover it on a first basis with the company then go after the two other companies. In this particular case the way the policy was written with a specific exclusion they had in the jacket of the policy they denied the claim based on that exclusion. I won’t get into it; it basically has to do with how the system was installed. If it was a material defect it would have been covered, but the way they see it and the way the engineer’s report reads it is not a material defect in the system it was a defect in the way it was installed. It was explained to me if you went into an insurance agent and you said I need to get a homeowners policy the insurance agent said, here you go and they gave you an auto policy it is basically the same thing that happened poor example. In the case of this the three systems failed and it wasn’t anything to do with material defect and how the systems would operate it was to do with how they were installed so that is where this exclusion comes in that is why they don’t cover it and subrogate afterwards. There is error and omissions hopefully on the part of Northern Mechanical and New York Fire and Signal where if it is proven that they were in error then their policies would kick in. ATTORNEY MUSCATO-If, I could just add that is why we are so surprised that New York Fire and Security and Northern Mechanical haven’t stepped up to this point. COUNCILMAN MONTESI-Maybe they don’t have insurance. COUNCILMAN METIVIER-That is the worst case scenario. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 7 COUNCILMAN BREWER-The question, I would have and this goes to the fire company if they installed a system that failed and maybe I am wrong, but I am reading this as that you hired them to repair the system is that true.? ATTORNEY MUSCATO-They were hired to maintain and repair the system when it was necessary. COUNCILMAN BREWER-If you knew that you were going to go to litigation with them why you would hire them to repair it? ATTORNEY MUSCATO-Since the system was installed they were the company that would maintain and repair that system if it needed it. COUNCILMAN METIVIER-They were actually on a few occasions both companies. COUNCILMAN BREWER-After it failed they repaired the system? COUNCILMAN METIVIER-Before it failed they maintained it. COUNCILMAN MONTESI-They maintained it. COUNCILMAN BREWER-I understand that. After it failed who put it back together? ATTORNEY MUSCATO-It has not been. That was one of the issues is that the fire department is contracting with a company to have the outside tank reconnected to their heating system because the winter heating season is almost here so they don’t have time to have the system… COUNCILMAN BREWER-Put the second tank inside and all that. ATTORNEY MUSCATO-Have the system correct. COUNCILMAN BREWER-I apologize for not being at the meeting that you guys discussed this at. ATTORNEY MUSCATO-That system going forward is going be addressed. COUNCILMAN BREWER-My head shakes when I read it. The fire company has no funds available at all zero funds that you could use to supplement the loan? MR. MELLON-Not much. COUNCILMAN BREWER-Not much is how much? MR. MELLON-Not much. We have enough to start paying this loan back and the legal fees that is about it we don’t have hundred of thousand of dollars. COUNCILMAN BREWER-I understand that Chuck. I wouldn’t expect you to have hundred of thousands of dollars, ten thousand. MR. MELLON-We will say ten thousand, yeah, but that is being used to supplement our budget that we ask for no increase this past year there is a use for that. COUNCILMAN BREWER-I am sure there is always a use for money if you have it, but I mean this is a pretty serious…. ATTORNEY MUSCATO-Part of our efforts in addition to going after the company’s who have not stepped up here will also be to make an application to the New York State Spill Fund as a faultless victim in this situation. We would be looking for the Town’s support in making that application if there were any monies available. We would do whatever we could to secure that and pay back the loan with that money that can be a very long process. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 8 COUNCILMAN MONTESI-There will be some in the public that say that we are agreeing to do this loan and if you win the lawsuit or whatever action you take and your are compensated back for all expenses what happens to the loan? Well, obviously you want to pay that off as quickly as you can. It doesn’t say that in here, I guess there has to be some assurance because ultimately what will happen is this year when you come in for your budget you are going to ask not only us, but the whole Town to help pay back this loan and that is understandable, I mean that’s the way it works. There has to be some assurance to the taxpayer’s that if you win the lawsuit…. COUNCILMAN BREWER-This loan is paid off immediately. COUNCILMAN MONTESI-The loan will be paid off. COUNCILMAN METIVIER-I guess in that respect we are going to be appraised of this as it goes along. We find that they win the lawsuit and don’t pay back the loan then we just withhold any future money from them. SUPERVISOR STEC- That concern is a concern of mine, but I think it can be addressed by adding a resolved at the very end Karen that I would suggest the board consider. Just a simple resolve that as funding that the fire company recovers through its efforts to straighten out the insurance and litigation matters will all be applied against any loan that is granted. I think we are all on the same page, but we may as well put it in the resolution. ATTORNEY MUSCATO-I can let you speak to that, but I think everyone agrees that the fire department is not looking for a windfall in this situation. SUPERVISOR STEC-Absolutely. COUNCILMAN METIVIER-We just need some assurances. Like I said, I will say it again my biggest concern is that after if this is approved and you get your money you have to keep fighting you can’t give up and say, well we got our money who cares. SUPERVISOR STEC-Or settle easily. COUNCILMAN METIVIER-We just can’t let that happen this is the Town’s money it is taxpayer’s money. It is a terrible incident we have to have some assurances that we are going to get this money back in every way we can. ATTORNEY MUSCATO-I think, I mentioned three ways tonight that is why the fire department has us on board so that they can do that. Like, I said before it is a little disappointing that since July we have not progressed any further then we have except for the fire department doing what it needed to do immediately addressing the spill so they continue to be the victim here as long as no one else is doing anything. The Town Board approving this tonight would show a great deal to the fire department in support of their efforts to try to do this and do the right thing and get this taken care of. COUNCILMAN MONTESI-I think the fire department did yeoman service in containing what the problem was. I know Chuck you were up in the middle of the night when you heard about it and started it was an awful cleanup. Once it got into the holding tanks and then in the leaching field’s boy we’re in for a big cleanup had to tear up a brand new parking lot all that blacktop to get underneath it. COUNCILMAN BREWER-Chuck were these things put out to bid or are these just estimates? MR. MELLON-What’s that now. COUNCILMAN BREWER-Like the parking lot the tanks etc., etc. MR. MELLON-As far as the environmental part that was all taken care of. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 9 COUNCILMAN BREWER-The environmental part I don’t have an issue with. MR. MELLON-The other major thing was the parking lot and that was put out, yes it was. COUNCILMAN BREWER-It was put out to bid? MR. MELLON-Yes, it was. COUNCILMAN METIVIER-I will say too, I think I was notified the next day when MC was there doing the cleanup, I think Chip had called me. COUNCILMAN BREWER-Adirondack Paving Coating, twenty four five fifty replacement of the tank we have to buy a new tank? MR. MELLON-Drywells we did. COUNCILMAN BREWER-It says fuel oil replacement of a thirteen sixty eight gallon fuel. MR. MELLON-That was the amount we lost Tim the oil we haven’t replaced it yet, but we are going to have to. COUNCILMAN METIVIER-Not the tank the oil Tim. SUPERVISOR STEC-The oil in the tank that is going to be about five grand. COUNCILMAN BREWER-Sixty one fifty six. SUPERVISOR STEC-Tony. COUNCILMAN METIVIER-I don’t know if Tim is done yet I am just waiting. COUNCILMAN BREWER-I am bothered by this Tony. I am sure you know I have talked to you, talked to Ron; I have talked to everybody on the board. It is just something that happened this severe we didn’t know about me personally I didn’t know about it until a month ago or three weeks ago. I find that I don’t know what the word is I am looking for, but I think we should have known about it immediately. COUNCILMAN METIVIER-That is my fault because I was informed immediately and I thought I sent an email out to everybody the night that I got back. COUNCILMAN BREWER-Tony I apologize, but I didn’t see it. COUNCILMAN METIVIER-I apologize if I didn’t copy you in on it. I know that I notified at least, I think I did. COUNCILMAN MONTESI-I got one. COUNCILMAN METIVIER-I was notified immediately of it so that has to be my fault it is not theirs. COUNCILMAN BREWER-Okay, well then I will take that statement back. SUPERVISOR STEC-A couple concerns that I have we are going to get to public comment I apologize, but this may help spur some public comment or public thoughts on this hearing some of the details here. Tony already touched on it and I am concerned, but I am also convinced that there will be many in the public that will be concerned that by getting access to this loan money that it will take a sense of urgency away so that a settlement may be more appealing. I am not sure I am looking for the right word, but it may be more convenient to say okay take the deep breath we dogged that bullet because REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 10 we are going to be okay we can pay these bills. The best we can do is we are going to settle we are going to get some, but not all of the money that we claimed for because that is how insurance things can work sometimes or certainly litigation can work. I guess, I am looking for and I am going to guess that there may be others that are looking for that kind of insurance that, you don’t want to be stupid either you are going to play your case as best as you can play your case we can’t say, hey no matter what I understand that. I want to make sure that we communicated to you that we expect a dog fight from you guys to make the insurance companies do right by you. It is not the Town taxpayer’s it is not the Town’s position to be that fallback secondary insurer. That is the position that we are finding ourselves in tonight through no fault of Bay Ridge. The observation will be their insurance company isn’t taking care of them they are having a fight with somebody else’s insurance company maybe the taxpayer is going to step in there and underwrite this and maybe we get that money back maybe we don’t. That is a concern that I think is out there and at least one that I have. ATTORNEY MUSCATO-I understand that concern. Just so the public is not confused that may be overstating the Town’s involvement a little bit. SUPERVISOR STEC-Yes. ATTORNEY MUSCATO-It is not a loan from the Town I don’t want the public to get the misimpression that the fire department has come to the Town Board asking for money. SUPERVISOR STEC-That is a very fair thing for you to point out. Often times when we talk about Fire Company financing there are all kinds of misperceptions out there. There are people in Town that think that the fire companies are paid. Now, should they be paid that is a different discussion, but are they paid, no they are not. There are people that think is the work that they do of value? Are we fortunate that we are not paying a labor cost we are paying insurances, heat, and truck repair, new capital. You can’t read a newspaper lately where they talk about volunteers that has been in the newspapers very recently, but the last few years there has been a lot of talk about the erosion of the volunteer base nation wide and how much it would cost to have a paid department. You try to on the one hand cut as much slack as you can. On the other hand there will be people that are saying, well the Town isn’t loaning them the money the bank is going to loan the money. Where does the money come from to pay the principal and the interest back it comes almost entirely from the Town’s contract. That is why just for myself and I am not telling you guys anything you don’t know, but there are certainly people in attendance they will be watching from home or reading about in the paper that they need to understand it is your loan we are not a co-signer I was quoted accurately there. Others are going to say, well isn’t the Town really underwriting this in the end; too, potentially yes that is what we are talking about. ATTORNEY MUSCATO-Just so that there is another misconception the agreement between the Town and Fire Department clearly states that the Town doesn’t act as a second insurer for purposes of the loan. So, that if there is some kind of default on the loan the Town will somehow be on the hook for that loan visa vie that specific loan. The agreement with the Town requires the Town to approve any, I can’t remember the language, but it is any kinds of monies…. SUPERVISOR STEC-Encouragement of debt. ATTORNEY MUSCATO-It is also I think expenses or significant expenses or something along that line so that is the reason why we are here tonight. COUNCILMAN MONTESI-One question I have in the letter you gave us a copy of was dated on the eighteenth of August you haven’t heard from any of the Attorney’s for New York Fire and Signal or Northern Mechanical? th ATTORNEY MUSCATO-As, I mentioned before we had a meeting on September 11, the Attorney’s for Northern Mechanical as well as New York Fire and Security attended the meeting. At that time it was known that this public hearing would be held we let REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 11 them know that we wanted to hear something from them we still have not. They attended the meeting, but no other overtures. SUPERVISOR STEC-We could probably talk for a long time on this I want to get the pubic involved. Are there any members of the public that would like to comment or ask any questions we will get them and then we will come back? GEORGE WINTERS, 4 JOHN CLENDON ROAD-My one concern was how did it get out into the drywalls and the drywalls were under the driveway so they had to replace all the driveway. SUPERVISOR STEC-I will save a little time. I will let them correct me if I am wrong. As, I understand it there is a drain in the floor and the floor that this day tank was in filled up and the sump pump that is in the floor kicked on as it is suppose to do when water gets there not oil. That pumped it out into the leach field they had to dig up, I don’t think the leach field is under asphalt, but certainly the piping underneath the asphalt to get out to the leach field that is probably what they had to did, up in their parking lot. COUNCILMAN METIVIER-There are drywells there. MR. WINTERS-According to the paper the drywell was under the driveway. COUNCILMAN MONTESI-Yeah under the parking lot. COUNCILMAN METIVIER-Yeah, right in the back. SUPERVISOR STEC-I stand corrected. MR. WINTERS-I wouldn’t want to put my drywell under my driveway then if something happens I have to dig the driveway out to me that don’t even make sense that was a big expense. I personally don’t believe the Town is not going to give them the money if this resolution goes through the Town gives them the money? SUPERVISOR STEC-They will get a loan from TD Bank North. MR. WINTERS-That is their loan. Why does the Town have to get involved in it? COUNCILMAN MONTESI-Because when they come in for the budget to pay the loan off they are going to ask for money to help pay the loan off. SUPERVISOR STEC-The Town is their main source almost sole source of funding that is why. Yeah, they will have a loan, but where is the money coming to repay the loan. If they don’t get it from the insurance companies they are going to want it in their contract so that is what we are saying. Yeah, on the one hand we are not giving them the money directly, but indirectly as they pay back this loan it is going to be coming from their contract. MR. WINTERS-I will just state for the record I am against this. SUPERVISOR STEC-Yes, sir. MR. WINTERS-Thank you. SUPERVISOR STEC-Thanks Mr. Winters. PLINEY TUCKER, 41 DIVISION ROAD-What is the total cost of this? SUPERVISOR STEC-So far it is approximately a hundred and seventy thousand. I think they feel they have some other expenses that are likely to come in. The mount of the loan that they requested is up to two hundred thousand. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 12 COUNCILMAN BREWER-What are the other expenses though Dan. It says one fifty six four eighty zero eight. SUPERVISOR STEC-That is a question that I know that Councilman Brewer has and I have do we want to borrow two hundred if one seventy is enough or one seventy five is enough. COUNCILMAN BREWER-One sixty or whatever. SUPERVISOR STEC-Or one sixty is enough exactly we will get that answer. MR. TUCKER-I see an Attorney sitting here how much is he going to do. COUNCILMAN BREWER-He is doing it for free. MR. TUCKER-I don’t think so. SUPERVISOR STEC-He is part of their expense right now. COUNCILMAN BREWER-I have no idea. MR. TUCKER-Are the expenses included in the total amount? COUNCILMAN METIVIER-His expenses are included in that total amount. SUPERVISOR STEC-His are. MR. TUCKER-You know sometimes these things go into court they come in here and want more money. COUNCILMAN BREWER-That’s true. SUPERVISOR STEC-That is a very valid concern Pliney. MR. TUCKER-Guarantees. What is the guarantees on the worked that failed by the companies that installed it? Are their guarantees or are they all ran out? COUNCILMAN METIVIER-You mean warranties or guarantees? MR. TUCKER-Warranties. COUNCILMAN METIVIER-We can’t really answer that right now because of the way it was installed. It was installed improperly so there is no warranty on the equipment itself it was not a mechanical failure it was defective as far as the installation is concerned so there is no guarantee or warranty as far as the equipment goes. MR. TUCKER-You wouldn’t need a guarantee there. If you hired a contractor he has to guarantee the work that he does I know I do. COUNCILMAN METIVIER-That’s why they have an Attorney. That’s why the companies probably aren’t coming forward with checks right now. If they pay at this point they are admitting guilt that’s why we probably need to have an Attorney on hand to help the fire department. COUNCILMAN MONTESI-When you think about it Pliney as the Attorney pointed out there are three failures. The failure of the float system, however, that failed. The failure of the alarm system to alert everybody that the float system failed and the failure of the float system down on the floor pan that also was tied to the alarm system you had literally three failures there. Was it installed improperly, geez you know, and I mean you know what it is when you replace a float in the toilet bowl. You check it, it works the water stopped. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 13 MR. TUCKER-I can understand this, but these people that did this work got paid to do it they were suppose to be professionals to do it right. Now, it isn’t the fire company’s problem or the Towns problem to figure out what went wrong something went wrong the damn thing didn’t work. COUNCILMAN METIVIER-The problem is you are talking a hundred and seventy five thousand dollars….. MR. TUCKER-I know what you are talking. COUNCILMAN METIVIER-That’s why nobody probably wants to come forward because there is a big bill here. Most insurance companies will only cover you between fifty thousand and a hundred thousand dollars worth of pollution cleanup that is as much as they are going to pay. If these guys don’t have more insurance then where is the money going to come from. COUNCILMAN BREWER-Is that what our insurance policy says Tony? COUNCILMAN METIVIER-That’s what a typical insurance policy reads. COUNCILMAN MONTESI-Pollution. COUNCILMAN BREWER-That is a question for the fire company Attorney when they come back they could answer for us please. COUNCILMAN METIVIER-The fire company’s policy had a hundred thousand dollars worth of pollution coverage on it. We have no idea what Northern Mechanical or New York Fire and Signals policy has on it. I would expect there would be more since they are working with fuel. SUPERVISOR STEC-That is what they are working with, right. MR. TUCKER-Do you honestly think that the insurance company that insures the fire company should pay when the equipment that was installed by professionals failed? COUNCILMAN METIVIER-Do I honestly think that, no. I think that the companies that installed should pay. MR. TUCKER-That’s what I think, too. COUNCILMAN METIVIER-Let’s hope that’s what happens that is what we are trying to assure ourselves of. COUNCILMAN MONTESI-In the meantime there are a large number of vendors that did a lot of work here that are hanging lose without getting payment. MR. TUCKER-We all have had that happen to us. COUNCILMAN METIVIER-We are not talking a couple thousand dollars here this is the problem. I think that is why this is where it is there is so much money. MR. TUCKER-Can you break down the amounts? COUNCILMAN METIVIER-We have them broken down. SUPERVISOR STEC-Tim do you have them real quick. COUNCILMAN BREWER-I have MC Environmental the drywall cleanup is thirty nine three. They have another one drywall cleanup is eighty one zero ninety three. These are significant, but not as much as the other. You have one that is two hundred and eighteen, a hundred and seventy five, and three thirty one. Help with cleanup oil spill a hundred and seventy. Oil cleanup two ninety seven. Oil cleanup four twenty five this is all REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 14 Northern Mechanical five zero eight and Northern Mechanical again for twelve fifty four. Then you have repavement of the blacktop is twenty four five. Replacement of thirteen hundred and sixty sight gallons of fuel is six thousand one fifty six. Then MC Environmental the third bill for cleanup is two thousand dollars then legal fees there is a question mark. The total that I have got is a hundred and fifty six four eighty. My point was going to be I can back out the blacktop is twenty five thousand if we are in litigation with Northern Mechanical I don’t know why we are going to pay them. COUNCILMAN METIVIER-I wouldn’t pay them. COUNCILMAN BREWER-That’s my point. MR. TUCKER-They are part of the action? SUPERVISOR STEC-Just for clarification we are not in litigation people will get confused the Town of Queensbury is not the fire company is. COUNCILMAN BREWER-My advice is why would you pay somebody that you are in litigation with, why would you even hire them that is the kind of things that bother me. MR. TUCKER-It sounds like a little deep pockets no reflection of the fire company or the Town. You know how people dealing with…. SUPERVISOR STEC-Governmental money. MR. TUCKER-Yeah. SUPERVISOR STEC-You can come back Pliney if you need to. MR. TUCKER-I have seen it time and again as I have told a couple of fellows here when you have a problem and the Town gets involved it is the taxpayers that pay everything goes to sleep if you can tie it together okay, thank you. COUNCILMAN MONTESI-Not much different than the seven hundred billion we are going to be spending as taxpayers. MR. TUCKER-You don’t have to remind us of that. COUNCILMAN METIVIER-Really it is the same thing on a much, much, much smaller scale. GEORGE RYAN, 955 STATE ROUTE 149-One thing that we should do is commend these guys for taking care of this problem right away. There are houses in there, ponds behind there this piece of land was a salt mine before that and the County owned it. In someway we should start a committee or something these guys shouldn’t have to go and take a loan for this money it is still going to come out of the taxpayer’s money. Let’s put our heads together and pay them with the Town’s money. They had to get an Attorney that’s not Mellon’s building over there the Town owns that fire building. COUNCILMAN BREWER-The Town does not own that fire building. SUPERVISOR STEC-No, we don’t George we don’t own it. MR. RYAN-Then who ownes the fire district. We have to think of it we are still all the taxpayers we have fire district money we all pay it. These firemen they have been beat up by the last Town Board. Ron and Mr. Metivier they weren’t here these guys don’t have any extra money they are not blowing money. I have been to many of their parties at the end of the year Dan I didn’t see any dancing girls, I wasn’t drinking highballs these guys are doing a good job. COUNCILMAN BREWER-George we are not insinuating that. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 15 MR. RYAN-I know, but we are thinking the wrong way that we have to get them a loan. We have surplus money here let’s lend it to them at Town rate a rate that the government would lend money these guys are worried about paying their bills. COUNCILMAN BREWER-Twelve percent is what the government is lending money at George, twelve percent. MR. RYAN-Twelve percent you got to be out of your minds you are killing the taxpayers. COUNCILMAN BREWER-Eighty four billion they just loaned for twelve percent. MR. RYAN-And my savings account is paying three point two, right. COUNCILMAN BREWER-I don’t disagree with you I am not saying they should pay that. MR. RYAN-We have to put our heads together maybe we can start a committee get this going here. This is the first firehouse these firehouses are going to get older and we are going to have more problems like this. Let’s put a contingency fund together let’s get a plan going together so when this happens we have something to fall back on. It is a shame that this happened and yes and somebody should be sued for it. I think these guys did a great job keeping it quite. How many gas stations do we have in Queensbury that are on a Brownfield site that have liens against them. They have done the job they cleaned the soil up they got the okay you know it’s close to God the EPA. They did what they had to do we got to help them someway we should find the money they shouldn’t have to go to the bank to get it we have money here. They save somebody’s house these guys worked hard they shouldn’t be burdened with this kind of pressure. We need to make some kind of committee this is going to happen again just as time gets old. Tanks are going to get old we take this as a learning curve. I think we are getting away cheap and if you don’t think you are getting away cheap just go look at anybody’s liens I can name the places, but I don’t think it would be right the liens that are on pieces of land that in the Town of Queensbury. These guys cleaned it up they got it doing good let’s work with them and try and get this resolved and they don’t own that firehouse. COUNCILMAN BREWER-They do. COUNCILMAN METIVIER-The money from the bank is actually pretty cheap it is a great interest rate. MR. RYAN-But, we have money in the Town why do we have to go to the bank. The bank wants to lend money nobody wants to borrow it. COUNCILMAN METIVIER-If the bank wants to lend money take it. I don’t mean that here I mean anywhere. MR. RYAN-Tony if you ever seen these guys budget how tight they are right now they used to have a vehicle fund. …happened maybe if they were going the same way there was reasons for them to stop it they might have enough money they could scrape from here to Peter to Paul and pay for this, but right now they are in a tight spot. The fuel is up everything costs more money. They would like to get new fire trucks equipment gets old they don’t have no vehicle funds and stuff. All, I am asking you guys to do is to get a committee or something we should work on this as a Town Hall because more firehouses are going to have this problem. They are all volunteers they are worried about this bill because you know what when they get a bill at their house you know what they do they pay it, it is a burden on them. That is all that I have to say I think we should work on it, Thank you. FORMER HIGHWAY SUPERINTENDENT, PAUL H. NAYLOR, DIVISION ROAD- Everything George said is right. We can pay Wall Street a few million bucks why not take care of our own first before they steal it. We know them bandits we know these good guys so let’s stay with the good guys once in our life. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 16 JOHN SALVADOR-Mr. Montesi even a toilet tank where the float fails has an overflow mechanism and it doesn’t flood the place just a little waste of water that’s all. Basically, I think what you have here is from the get go the design philosophy of this system has permitted a cross connection between a sanitary system and a fuel oil system that is not allowed by any code Town Code, Health Code, DEC Code. Whoever put this contraption together is responsible that is where the responsibility lies. Secondly, no insurance company is going to cover anything without a CO having been issued a CO doesn’t get issued until inspections are made now where is the egg whose tie is the egg? Sure, they had an operating failure I can see that these fire companies have a source of revenue that is called other than Town funds. They get the benefit of the Foreign Tax distribution. I don’t know to what extent the Bay Ridge Fire Company benefits from that fund, but I know North Queensbury gets about twelve thousand dollars in the last year or so from that fund. North Queensbury spends that money on banquets I don’t know where Bay Ridge spends their money, but surely some of it is spent on these banquets with or without dancing girls some of that money could be diverted to pay off this. There are sources of funds available within that organization to pay for this folly. As, I say from the get go it is poor design a cross connection between a sanitary system and a fuel oil system how a CO got issued on that where the inspection is on that I don’t know. Those are things that have to be tightened up if they use their Foreign Fire Tax money in some way over a period of time they can pay this off it would be no burden on the taxpayer. Thank you. SUPERVISOR STEC-Is there anyone else that would like to address the board on this public hearing. COUNCILMAN MONTESI-When the system was installed with the safety floats was that after a while. In other words was the tank outside did you realize it would gel the fuel being outside so you put this new system inside the building? MR. MELLON-Actually our first winter there we moved in April 2002 through the next winter we had a lot of problems with the heat gelling. COUNCILMAN MONTESI-The original CO that issued by the Queensbury Building Inspector did not include that modified system MR. MELLON-No. COUNCILMAN MONTESI-Okay. I just wanted Mr. Salvador to know that wasn’t…. MR. MELLON-It was to correct a situation. COUNCILMAN MONTESI-You might argue the point that a cross connection was made when the new system went in because there was a floor drain there, but that wasn’t the original CO inspection that was done. ATTORNEY MUSCATO-Who would have thought three systems, would have failed all three systems. SUPERVISOR STEC-You had a couple questions that you had wanted the Attorney to answer. COUNCILMAN STROUGH-Can I ask one first. ATTORNEY MUSCATO-Before I get to that question can I just respond to something that was raised before it was specifically regarding fees. I think actually this may go to one of your questions about the breakdown on this chart. As it is right now the current cost that have been expended and you can correct me if I am wrong is about sixty thousand dollars so all of these costs have not been incurred the fire department has been billed for those costs, but they have not been paid that is part of the reason why the loan will pay back those fees. As far as litigation fees one of the things the Supervisor has stressed today is that you would like a commitment from us to pursue these funds from REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 17 Northern Mechanical or New York Fire and Signal the Insurance Companies or whomever. As you know litigation is very expensive so there is certainly going to be some kind of balancing of expending a lot of money on Attorney’s to really recover very little from New York Fire and Security or Northern Mechanical or whomever. Certainly that is going to be needed to take into account as far as any kind of settlement discussion because the fire company is dealing with a limited amount of funds here especially if the loan is for anything less than two hundred thousand dollars. The expenses that are incurred are the sixty thousand plus what is on the spread sheet it does not include final sign-out from the DEC. The Department of Environmental Conservation has not issued a note for their action letter we anticipate they will based on the data we have seen from the consultant. That extra money would go to any of the work that the DEC may ask of the fire department in terms of closing the spill. There is in addition to a hundred and sixty thousand dollars that has already been either incurred or has been billed there may be additional costs not only legal fee cost, but also from whatever else the DEC asks. As far as the legal fees go our firm has been involved with this and has taken every step of the way to try to reduce cost as much as possible it is very difficult to do. I am not in a position to defend what we have done to try to recover this money for the fire department. I just want the board to know that the fire department has stressed that they are commitment to recovering this money. There are provisions in the Navigation Law, which provide for direct and indirect costs and the courts have held that those indirect costs include Attorney fees so there are other avenues that we thought of and that we would pursue. Again, it would have to be balanced with the cost of litigation in terms of settlement. COUNCILMAN MONTESI-Mr. Mellon or Mr. Muscato is there a compelling reason why you decided to take out a loan verses coming to the board and say listen can you cover these bills until we get some remedy from either the Insurance Company or if we have to get a lawsuit compensatory damages is there a reason why you went with the loan instead of just coming to the board and asking for the money? MR. MELLON-I will have Chip come up here and tell you because he had a meeting with Dan about this and my Vice President, Doug Coons on why we went this route instead of opening our contract they had a discussion with Dan on this so I will let them tell you about it. COUNCILMAN STROUGH-All right fair enough. CHIP MELLON, JR.-John to answer your question when we were trying to figure out how to pay our bills Doug Coons the Vice President and myself went and met with the Supervisor and explained our dilemma basically asked him for some different suggestions and that was kind of Dan’s suggestion that it might be the way to go so that is how we kind of looked at loans. We talked about reopening the contract because there is a clause; however, after the three of us discussing it together we came to an agreement after talking to Dan that this would be the best way to pursue a loan. COUNCILMAN STROUGH-Okay, I was just wondering out loud because Mr. Brewer wants to have hands on almost wants to make sure that the money is spent appropriately. COUNCILMAN BREWER-Absolutely don’t you? COUNCILMAN STROUGH-Yes, I am not disagreeing with you. I am almost saying considering your concerns and the other concerns it would be cheaper for the taxpayer in the long run to give and pay the bills with the understanding that as soon as remedy or compensation is obtained by the department that would immediately come back to the Town and eliminate the interest rate in-between. It would be cheaper for the taxpayer in the long way I am just wondering why we didn’t go that route that’s all. COUNCILMAN BREWER-I wasn’t in on that discussion so I cannot answer that question John. COUNCILMAN STROUGH-Well either was I. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 18 SUPERVISOR STEC-As, I recall the conversation just to add to what Chip has said time was of the essence in their opinion and they were hesitant to want to reopen the contract because they may have complicated it made it more lengthily for process. From my perspective I felt that keeping any transaction that we may do on this matter at an arms length was probably in the Town’s best interest. I am not sure that it is a wise thing for the Town to start accepting bills and paying invoices on behalf of this cleanup at least that was one of the other factors that I had although I am not sure that I shared that. I remember that the main factor was that the time was of the essence and this way thrown to Town Counsel and we had a workshop on it the matter that is before us tonight is the loan. COUNCILMAN STROUGH-How much is the interest rate? BUDGET OFFICER, TIERNEY-A hair over four percent. SUPERVISOR STEC-Of course, I mean I don’t know how long this would take to recover under a year. If it is under a year then the amount of interest paid might not be too significant. ATTORNEY MUSCATO-Are there any other questions? COUNCILMAN MONTESI-I think it would be difficult for the Town to handle the invoices and have you representing the fire company for litigation where is the impedance then? We pay all the bills where is the impedance let it ride settle it quickly we don’t want to pay a lot of Attorney fees. I think right now the onus is shared we are going to pay the fire company back through the next years contract when they come in and say we have all of this money to pay on the loan. They will work hard with you to try and collect a portion of that from New York Fire and Signal and Northern Homes. I think it is the best case scenario it doesn’t open up the Town to any other situations that might occur on any other fire company. I think it is orderly and business like and ultimately the taxpayers in Town if the lawsuit doesn’t go well will pay this bill back anyway with interest. COUNCILMAN METIVIER-But it is going to well, right? ATTORNEY MUSCATO-The best outcome would be for the responsible parties to step up. Ultimately the longer the delay in resolution of this it is going to end up being more cost to the fire department clearly the best outcome is for those responsible parties to step up now. COUNCILMAN MONTESI-That is up to you and the fire company to make a reasonable settlement on that. ATTORNEY MUSCATO-Really the onus is on Northern Mechanical and New York Fire and Security to come up with some amount that really is what the issue is. The fire department is certainly going to take any settlement offer very seriously we are really looking to resolve this no one really wants to fight it is just that they are the victims stuck with the bills. COUNCILMAN METIVIER-We have no way watching over controlling what gets paid and what doesn’t and how it gets paid and how it doesn’t? COUNCILMAN MONTESI-Once you issue the loan its tough. COUNCILMAN STROUGH-We do if we pay it directly. COUNCILMAN BREWER-My suggestion would be certainly if they are in litigation with somebody my own personal preference is I wouldn’t pay who you are taking to court. MR. MELLON-We aren’t Tim. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 19 COUNCILMAN BREWER-Pardon me. MR. MELLON-That is just a bill that we received nothing has been paid nothing will be paid. COUNCILMAN BREWER-I understand Chuck, but my point being is you are showing these bills and I am not criticizing you its my job to question when I see these bills then you are showing a balance of one fifty six and you want to borrow two hundred thousand dollars and you can back out several tens of thousand of dollars why is that even in there? ATTORNEY MUSCATO-I think its twelve hundred just to be clear twelve hundred dollars. COUNCILMAN BREWER-Just to Northern there is nobody else involved that has to be paid? ATTORNEY MUSCATO-I don’t see anyone else on this list. COUNCILMAN BREWER-There is twelve, five, four, three, one seventy. MR. MELLON-This loan Tim is just up to that amount that doesn’t mean we have to spend that amount or anything else. If you want a copy of the bills that we paid that is fine we can turn them into you and show you what we paid as far as that part of it goes. We don’t know what the costs are going to be down the road that’s why we didn’t want too shallow of an amount of a loan we can take it up to that amount we don’t have to use it we only use what we pay out. COUNCILMAN BREWER-We are going to do the blacktop this year? MR. MELLON-It just got done we had to have that done. COUNCILMAN MONTESI-You couldn’t back out of the firehouse without blacktop there. COUNCILMAN BREWER-Well I am just asking I don’t know. MR. MELLON-That has been done Tim. COUNCILMAN METIVIER-Chuck just one more question a concern I have. I understand that it still smells pretty bad in the basement what are you going to do about that? MR. MELLON-We just had it power washed just a short time ago. We are going to have to go back to the fellows that came up to do the initial cleaning and get an idea from them how we can do that. We have the polling that is there we have the State Fire Training there we have a lot of different meetings there for just the fire department there and outside groups like the Homeowners Association so we have a lot of these going on we have to get that corrected we still have an odor in there. COUNCILMAN MONTESI-It is a painted floor too; I mean it wasn’t like the oil….. MR. MELLON-That wasn’t painted not downstairs. COUNCILMAN MONTESI-So the oil did penetrate the cement. MR. MELLON-Right, it’s a concrete floor a poured floor. COUNCILMAN MONTESI-They would have to seal the cement. MR. MELLON-That’s another thing we have to work on just a number of things that have really got us down on this we just have to get it corrected that is what we are trying to do. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 20 SUPERVISOR STEC-Let me follow up on what I think Councilman Brewer’s concern might be. Is two hundred thousand dollars the appropriate number if the total bills add up to one fifty six? I understand that there might be a little bit more, but then again there is going to be a contract there potentially other sources of revenue whether it’s other diverted expenses or other sources of revenue as distasteful as that may be. Is there a right number that is significantly under two hundred? I don’t want the criticism to be well they had bills totaling a hundred and sixty thousand and the Town said here take two hundred, please I am being a little tongue and cheek on that. I imagine that you worked at a factor saying, well look we expect a little more expenses like the ones that we just talked about to come in after the fact. COUNCILMAN MONTESI-Plus litigation. SUPERVISOR STEC-Plus litigation. ATTORNEY MUSCATO-Not only that they need a system that works. SUPERVISOR STEC-The repair hasn’t been done yet. ATTORNEY MUSCATO-The repair is not done yet. SUPERVISOR STEC-Do you have an estimate or a ballpark on what that might be. MR. MELLON-We have no idea we just don’t know to get it back where it is the right way. COUNCILMAN STROUGH-The reality is this is that you will be taking this out in increments as you need it. You already volunteered that you can supply the bills for verification to the Town Board. MR. MELLON-Sure. COUNCILMAN STROUGH-You obviously need unforeseen things like I don’t know what is going to clean that kerosene smell out of there maybe somebody knows some way of doing it, but they are not going to do it for free. MR. MELLON-That’s correct. SUPERVISOR STEC-I would suggest if the hundred and fifty six thousand that you already incurred and the work has been done already. I mean, I would think that it would probably be reasonable for us to say go ahead and give us, I mean you laid it out for us why not give us a copy of those bills for the file. Then the add-ons I don’t know if it is necessarily the right thing to say well as you get a two thousand dollar bill for this or three thousand dollar bill for that you come back to us for the permission if we already let you borrowed the money, but certainly keep us apprised by giving us a copy of these bills as you go just so that we are kind of involved, I mean that might be something that might work. COUNCILMAN METIVIER-Is this a loan or a line of credit? MR. MELLON-It’s a loan. COUNCILMAN METIVIER-It is a loan. If you discover that you only needed a hundred and seventy five what is going to happen to the other twenty five? MR. MELLON-We don’t use it that is up to that amount Tony. COUNCILMAN BREWER-There is no penalty for payback? DOUG COONS-There is no prepayment penalty. To just add we tried to work with bank to get a line of credit that is not available. To get a low interest loan it has to be one flat REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 21 fee a line a credit is not equitable to do they can’t do it. They actually have to have a secure and collateral to hold this loan there is no line of credit that is not available. COUNCILMAN METIVIER-At the end of the day it is a hundred and seventy five thousand are you going to give twenty five back right away. MR. COONS-Yes we are not looking to put money anywhere. If the end bills are at a hundred and seventy five thousand that twenty five thousand is going directly back. ATTORNEY MUSCATO-Or better yet when the responsible parties reimburse the fire department for that amount then that money is going to right back in the bank it won’t be held by the fire department. SUPERVISOR STEC-Any other questions from the board any other public comment on this? MR. RYAN-I would just like to say one more thing. This is a catastrophe what really happened and we have to commend them. Do you realize that there is not one agency in this Town that we have in this Town we have a wonderful Town we have a lot of fire houses there is nobody that goes and coordinates anything with these guys like you see Tim you didn’t know no part of it and stuff. Somewhere we should put a safety net or build some kind of thing in the Town where somebody can go and check on these guys and say how much did you spend for this, where did the money go? These guys are doing this all on their own time other than fire fighting. There are some things that we should work on as a Town, too to help all our firehouses not just this one. This is the first one they are going to get older tanks are going to get older and mistakes are going to happen. COUNCILMAN BREWER-I don’t disagree with that George at all. MR. RYAN-We have to keep that in the plan. It is unfortunate that it happened right here this firehouse they got the firehouse back up to normal I think they did a great job doing it, it was a big problem. SUPERVISOR STEC-Thanks Mr. Ryan. Anybody else like to address the board on this public hearing I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY, INC.’S PROPOSAL TO SEEK TAX-EXEMPT FINANCING TO PAY FOR UNEXPECTED EXPENSES RELATED TO HEATING OIL SPILL RESOLUTION NO.: 435, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury and the Bay Ridge 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 REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 22 money placed in a “vehicles fund” without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that due to a serious heating oil spill into the basement of its Fire Station resulting in the contamination of the drywell system, the Fire Company has incurred thousands of dollars of unexpected expenses related to the spill, clean-up and other related costs in the approximate amount of $200,000, and WHEREAS, the Fire Company has arranged for a 10 year tax-exempt installment loan in an amount up to $200,000 with TD Banknorth to pay for such unexpected expenses until such time that the Fire Company may be reimbursed for such expenses by the parties causing such damages or by insurance carrier(s), with payments on the loan to be made from the Fire Company’s operating budget, such monies already included in the Fire Company’s approved 2008 budget and Agreement with the Town, and WHEREAS, such expenses relate directly to the reconstruction or improvement of the Fire Company’s Fire Station and/or the land where the Fire Station is located, and nd WHEREAS, on Monday, September 22, 2008, the Town Board held a public hearing as required under the Internal Revenue Code concerning the Fire Company’s proposal and debt incurrence and heard all interested persons, and WHEREAS, the Town Board realizes that the Fire Company had no choice but to arrange for the clean-up of and payment for the heating oil spill, and therefore the Town Board wishes to adopt a Resolution authorizing the incurrence of tax-exempt debt by the Fire Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.’s proposed tax exempt financing to pay for unexpected expenses related to the serious heating oil spill into the basement of the Bay Ridge Fire Station, clean-up and other related costs in the approximate amount of $200,000, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the incurrence of approximately $200,000 in debt with TD Banknorth by the Bay Ridge Volunteer Fire Company, Inc., and REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 23 BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with TD Banknorth 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 any funding the Fire Company recovers through its efforts to straighten out its insurance and litigation matters will all be applied against any loan that is granted to the Fire Company, 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. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough NOES : Mr. Stec, Mr. Brewer ABSENT: None COMMENTS DURING VOTE SUPERVISOR STEC-It pains me to do it because I agree with a lot of what was said here, but I do have a lot of concerns and I am going to vote no. PUBLIC HEARING –CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 WASTEWATER DIRECTOR, MIKE SHAW PRESENT OPENED NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 12, 2008 SUPERVISOR STEC-The next three are all annual Sewer District Benefit Tax Rolls. I know Mike Shaw is here in case we have questions we do these on an annual basis the first one is for the Quaker Road District. Mike is there anything you want to explain before we start taking public comment on this or any of the three. WASTEWATER DIRECTOR, MR. SHAW-As Dan explained this is an annual event for these three districts. Basically what we are doing is we are upgrading the units in each benefit roll. Those units are updated with information we receive in the Assessor Department and the Water Department for our usage. Each year we update that information and create a new roll every year we have public hearings for each one of these. The first one is Central Queensbury Quaker Road Sewer District the units are up REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 24 this year some hundred and sixty nine units to a total of nine thousand two hundred and eight three point twenty seven units. SUPERVISOR STEC-With that said I will open the public hearing if there is anybody that would like to comment on the Quaker Road Sewer District Benefit Roll for next year just raise your hand and I will call on you? JOHN SALVADOR-I see there are two public hearings this evening one dealing with Quaker Road Sewer District and the other one dealing with the Route 9 Sewer District. SUPERVISOR STEC-Actually there is a third one South Queensbury. MR. SALVADOR-I am not familiar with the circumstances of that that is why I didn’t mention it. However, aren’t these two that I mentioned one in the same sewer districts isn’t one a district extension of the other? WASTEWATER DIRECTOR, MR. SHAW-No it is not they were both adopted at different times. The Central Queensbury Quaker Road Sewer District is approximately I will say twenty years old. Route 9 Sewer District is approximately four years old created at two different times as two different sewer districts one does flow into the other. MR. SALVADOR-Yes, but as I recall didn’t the Route 9 Sewer District pay into the Quaker Road Sewer District? WASTEWATER DIRECTOR, MR. SHAW-The Quaker Road Sewer District generally pays all wages and insurances and things. Route 9 does pay each year a fee back into Quaker Road Sewer District for their share of wages and insurances. MR. SALVADOR-As, I recall when the Route 9 Sewer District was created it was a district extension it was a Quaker Road Sewer District Extension No. 11 or 12 or something like that I can’t recall. WASTEWATER DIRECTOR, MR. SHAW-No, that is incorrect. We held public hearings have Map, Plan, and Reports and they are two different districts within each other. There have been district extension of Quaker Road and none of Route 9 yet, but there has been I will say eleven or twelve district extensions off Quaker Road Sewer District. MR. SALVADOR-How can the Route 9 Sewer District flow into the Quaker Road Sewer District without it being an extension of the Quaker Road Sewer District? SUPERVISOR STEC-Thank you. Is there anyone else that would like to address the board on this public hearing regarding the Quaker Road Sewer District Beneifit Roll, seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 RESOLUTION NO. 436, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 25 § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2009 assessing the expense of district improvements of general sanitary sewers located in the Central Queensbury Quaker Road Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and nd WHEREAS, the Town Board duly conducted a public hearing on September 22, 2008 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Central Queensbury Quaker Road Sewer District Benefit Tax Roll for 2009 for payment of public improvement expenses within the District in accordance with New York § State Town Law §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None PUBLIC HEARING – ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 OPENED NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 12, 2008 SUPERVISOR STEC-Mike how many units is this one? WASTEWATER DIRECTOR, MR. SHAW-This year that is up some hundred and thirty six point zero seven units to a total of five thousand three hundred and eighty point thirty three units. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 26 SUPERVISOR STEC-Is there anything else you want to add on this benefit roll? WASTEWATER DIRECTOR, MR. SHAW-No. SUPERVISOR STEC-The public hearing on this one is opened if there is anyone that would like to comment just raise your hand I will call on you. NO PUBLIC COMMENT SUPERVISOR STEC-Seeing none, I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ADOPTING ROUTE 9 SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 RESOLUTION NO. 437, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the Route 9 Sewer District Benefit Tax Roll for 2009 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and nd WHEREAS, the Town Board duly conducted a public hearing on September 22, 2008 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sewer District Benefit Tax Roll for 2009 for payment of public improvement expenses within the District in accordance with New York State Town Law § §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 27 Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None PUBLIC HEARING – SOUTH QUEENSBURY –QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 OPENED NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 12, 2008 SUPERVISOR STEC-Mike how many units is this one up to now? WASTEWATER DIRECTOR, MR. SHAW-This district up three quarters of a unit up to nine hundred and eighty seven point forty six units. What is interesting I will say about this district or multi-district I will say is that we also serve Kingsbury, Washington County and Warren County Districts through our district. There is an Intermunicipal Agreement that they bill and pay the same as people within our district. This public hearing is only on our portion within Queensbury. COUNCILMAN MONTESI-Mike is there a number of units our capacity with Glens Falls. WASTEWATER DIRECTOR, MR. SHAW-The units have nothing to do with our capacity to Glens Falls. COUNCILMAN MONTESI-That is gallons. WASTEWATER DIRECTOR, MR. SHAW-That is gallons right. SUPERVISOR STEC-That’s a good question. I will declare this public hearing open if there is anyone that would like to comment on the South Queensbury Queensbury Avenue Sewer District Benefit Roll for 2009? NO PUBLIC COMMENT SUPERVISOR STEC-I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ADOPTING SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT BENEFIT TAX ROLL FOR 2009 RESOLUTION NO. 438, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 28 § § WHEREAS, in accordance with New York State Town Law 202 and 202-a, the Queensbury Town Board has prepared the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2009 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury – Queensbury Avenue Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk’s Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District, and nd WHEREAS, the Town Board duly conducted a public hearing on September 22, 2008 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury – Queensbury Avenue Sewer District Benefit Tax Roll for 2009 for payment of public improvement expenses within the District in accordance with § New York State Town Law §202 and 202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Strough, Mr.Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer 3.0HEARING HEARING – MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL THOMAS J. MCDONOUGH, ESQ PRESENT OPENED NOTICE SHOWN REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 29 SUPERVISOR STEC-This is a hearing we have had many of these before in fact we have had a couple on this property we are starting to see repeat requests on properties. This would be if I am not mistaken the applicant is requesting further delay to tie in, in the future the site that for the most part their current system is working adequately. COUNCILMAN MONTESI-Two hundred year old tree and fifty to ninety thousand dollars to hook it up. SUPERVISOR STEC-This request is for one year for a one year extension of time in which case we can keep an eye on it Mr. Mc Donough do you have anything that you want to add? MR. MC DONOUGH-It is all in the papers gentlemen. Basically we are talking anywhere from sixty to ninety five thousand dollars to hook up over a thousand feet of line to connect up to the public sewer. It is a seasonal business that we operate at that location that type of money is prohibitive if you take a look at the sales tax revenues you will know why. SUPERVISOR STEC-Tom one of the discussion I had it is not a huge deal I don’t think either way. One of the conversations that I had with Mike Shaw about this in the past there is your office there and then there is the motel. The feeling at least Mike gave to me maybe I misunderstood him it might be feasible for your office to be tied in separately then the motel? MR. MC DONOUGH-That is good in concept. If we are going to go at the motel one of the separate units of the motel based upon the semantics that were done by the proposers would be to then hook the motel into part of the unit, which would be the office unit. The discussion was at the time was since my office is not in the same title as the motel we would have to go then to transfer the title, which I have no problem with transferring the title either to a trust of the family or into my wife, my wife probably transferring title to the motel there are a couple of hiccups before getting into that hookup. SUPERVISOR STEC-Like, I said there was a question that I had it was not a show stopper in my mind does the Town Board have any questions for Mr. Mc Donough? COUNCILMAN BREWER-Is there ever an intention to hook up to the sewer? MR. MC DONOUGH-With the type of money that is involved and the type of income that is derived from the property…. SUPERVISOR STEC-Unless there is a redevelopment there. MR. MC DONOUGH-Unless there was something like reconstruction doing something like putting in I don’t want to say a Class A Motel because we considered it a Class A Motel. COUNCILMAN MONTESI-Or failure of the system. SUPERVISOR STEC-Right or failure of the system. MR. MC DONOUGH-Or failure of the system that would be a consideration that is one of the problems here. SUPERVISOR STEC-Any other questions for Mr. Mc Donough? I will close this hearing and entertain a motion. HEARING CLOSED APPROVING RESOLUTION MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 30 FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 439, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) applied to the Local Board of Health for a third § variance/waiver from 136-44, as the McDonoughs requested an exemption from the Town’s connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer District, as the McDonoughs stated that: connection with the lower Motel units must be constructed in a way to avoid destruction of a 200 year old sprawling oak tree; in addition to excavating earth, all connections will entail excavation of over 500 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $57,000 to $96,000 - a financial hardship; current sewage disposal systems are in excellent working condition and are used 8-10 weeks per year so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only – not public; and the Law Office and Champlain Stone separate from the Motel are open by appointment and th have one regular secretary; all as more fully set delineated in the McDonough’s August 20, 2008 letter and application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the McDonoughs and the Town Board conducted a hearing concerning the variance/waiver nd request on Monday, September 22, 2008, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 31 materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants the McDonoughs a one- nd year extension of time or until September 22, 2009 in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9- 1-9) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the McDonoughs shall pay all charges due as if their properties were connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None 4.0PRIVILEGE OF THE FLOOR ( LIMIT – 4 MINUTES) GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke to the board regarding the position of the table for the public to speak at Town Board Meeting recommended that the board move the table so they can see the board and the audience. JOANN SIGISMONDI, 168 AVIATION ROAD-Thanked Queensbury Central Firemen for doing a fantastic job in responding to fires. Spoke to the board regarding her REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 32 attendance at a Zoning Board Meeting will be attended a Planning Board Meeting regarding Verizon who will pay the fire department to install a hundred and forty two foot cell tower on Queensbury Central property on Aviation Road a residential neighborhood about nine hundred feet from her house closer to other residents a hundred feet from Prospect School. This would be precedence for allowing cell towers in a residential neighborhood. At the meeting Verizon spoke, the public and lastly a fireman. The firemen spoke at the microphone and continued talking to the resident as he was walking back to his seat, which was behind me heard him say the fire company spoke with Verizon made a contract and they spoke with Mr. Stec who said is was okay. Asked Supervisor Stec if this was accurate if it was were the other board members aware of it, if not why not? SUPERVISOR STEC-That is not accurate. The only communication that I have had with Queensbury Central Fire on this subject up until a week ago when it was coming to the Zoning Board was a letter that I sent to the Chief in February of 2007. I was asked one question, I believe I asked Town Counsel at the time it was a different Town Counsel then. The question is there anything in the Town’s contract with the Fire Company that prohibits them from entering into a contract like this with Verizon the answer is no. I have never taken an opinion on it as to whether or not I thought there was wisdom in it. I have spoken with the Chief and President asking them to strongly reconsider whether or not they want to pursue this not sure that is a very good idea. With that said as far as precedence goes I have served on the Zoning Board before I was on the Town Board nine years ago unless something has change in the last eight years it has always been presented to me by any Town Counsel I have spoken too that each zoning application is on a case by case basis that one does not set a legal precedence for another. The reason they are in front of the Zoning Board is because the Town’s current code does not allow cell towers in a residential neighborhood. SKIP STRANAHAN 1347 BAY ROAD-Spoke to the board regarding his concern with Mr. Brother’s action at the previous meeting noting he does not think he meant any harm or any physical threat to this board. Asked the board to reconsider and look at his apology in the paper and consider that freedom of speech is the life blood of any democracy in the United States or the free World. SUPERVISOR STEC-If someone wants to apologize at a board meeting I am sure it will be well received. However, I think what we experienced the other night went far beyond an acceptable level of spirited debate. JOHN SALVADOR-Presented letter to board members regarding the Crandall Public Library Budget read letter into the record (letter on file in Town Clerk’s Office) Spoke to the board regarding the Verizon Tower at the Queensbury Central Fire House commented at the Zoning Board hearing intends to comment tomorrow night at the Planning Board Meeting read comments into record regarding Queensbury Central Volunteer Fire Company being incorporated in the New York State Not For Profit Corporation Law Section 1402 as a Type B Not For Profit Corporation of the non-business type. PLINEY TUCKER, 41 DIVISION ROAD-Spoke to the board regarding the hundred and forty six acres that Finch and Pruyn owns on Big Boom Road. They have been surveying understands due to the wood shortage they are going to go in and clear-cut the hundred and forty six acres, which is on the river. At the present time they are across the river on property they own and that is what they are doing. Asked Supervisor Stec to contact someone at Finch and Pruyn’s to find out if they are going to clear-cut. COUNCILMAN BREWER-You are allowed to clear-cut but you cannot subdivide for five years afterwards. MR. TUCKER-The hundred and forty six acres borders in places with the Town Park. The records show that Ward 4 is the biggest Ward in the Town there is a fund where five hundred dollars for every lot from the contractor goes into a fund to purchase property for parks for improvements would like to know how much money is in that fund. COUNCILMAN BREWER-It is in the hundred thousand dollar range. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 33 BUDGET OFFICER, MS. TIERNEY-A hundred twenty thousand. MR. TUCKER-Spoke to the board asking them to contact the school regarding the school buses asking them to pull over when there is a long line of traffic due to the gas shortage. LINCOLN CATHERS, 47 OVERLOOK DRIVE-Spoke to the board regarding the assessments for some of the property along the lake. The property along the lake feeds into the tax base for Lake George School System, which includes property from Bolton Landing, Lake George, North Queensbury, and from Fort Ann. Spoke regarding the taxes that the seven and half million dollars those taxes that the seven and a half million dollars represented was in the neighborhood of seventy five thousand dollars of taxes that went to the Lake George System. Lake George School System did not reduce their budget seventy five thousand dollars the seventy five thousand dollars got spread around to the other people who pay taxes in the Lake George School District noting there are a lot of people around the lake also Glen Lake that feed into the Lake George School System that are picking up their share of that approximately seventy five thousand dollars. I happen to pay taxes in Fort Ann, but in the Lake George School District the best of my knowledge the Town of Fort Ann Board was not involved in that decision, does not know about Bolton and Lake George. There are a lot of other properties on the lake that did not get that six to twenty eight percent reduction as a result they as well as anyone else in the Lake George School District is now paying their proportionate share of that additional tax. FORMER HIGHWAY SUPERINTENDENT, PAUL NAYLOR, DIVISION ROAD- Spoke to the board regarding the upcoming budget. 5.0 RESOLUTIONS RESOLUTION ESTABLISHING NEW CAPITAL PROJECT FUNDS #172 AND#173 CONCERNING INFLOW/INFILTRATION STUDY RESOLUTION NO.: 440, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish Capital Project Funds to fund an Inflow/Infiltration Study and/or repairs for the Town Wastewater Department, and WHEREAS, the total Project cost is estimated to be $30,000 and the Town Board wishes to appropriately establish two (2) Capital Project Funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of two (2) Capital Project Funds to be known as: 1.Central Queensbury Quaker Road Sewer District Inflow/Infiltration Study Project Fund #172; and 2.Hiland Park Sewer District Inflow/Infiltration Study Project Fund #173; REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 34 which Funds will establish funding for expenses associated with the Wastewater Department’s Inflow/Infiltration Study and/or Repairs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by a transfer of $20,000 from Fund #032-9950-9030 to Capital Project Fund #172 and $10,000 from Fund #034-9950-9030 to Capital Project Fund #173, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $30,000 from unappropriated, undesignated Fund Balance to Account No.: 032-9950-9030 ($20,000) and Account No.: 034-9950-9030 ($10,000) and effectuate such 2008 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for: 1.Capital Project Fund #172 in the amount of $20,000; and 2.Capital Project Fund #173 in the amount of $10,000; and BE IT FURTHER, RESOLVED, that the 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 Account No. 172-0000-55031 – Interfund Transfers - $20,000 ? Expense Account No. 172-8120-4400 - Misc. Contractual - $20,000 ? Revenue Account No. 173-0000-55031 – Interfund Transfers - $10,000 ? Expense Account No. 173-8120-4400 - Misc. Contractual - REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 35 $10,000 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 effectuate all terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF 2009 FORD F-350 4X4 PICK-UP TRUCK FOR USE BY WASTEWATER DEPARTMENT RESOLUTION NO.: 441, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Wastewater Director has advised the Town Board that he wishes to replace a truck in his Department and purchase one (1) 2009 Ford F- 350 4x4 Pick-Up Truck, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: PC62886, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Wastewater Director’s purchase of one (1) 2009 Ford F-350 4x4 Pick-Up Truck from Van Bortel Ford, Inc., in accordance with New York State Contract #PC62886 for an amount not to exceed $36,714 from Account No.: 032-8120-2020, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 36 RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $36,714 from unappropriated, undesignated Fund Balance to Account No.: 032-8120-2020 and effectuate such 2008 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AWARDING BID FOR ASPHALT ROLLER AT TOWN WATER DEPARTMENT RESOLUTION NO. 442, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Resolution No.: 387,2008, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of an Asphalt Roller at the Town’s Water Department as more clearly specified in bid specifications prepared by the Town Water Superintendent and/or Town Purchasing Agent, and WHEREAS, the Purchasing Agent and Water Superintendent have reviewed the submitted proposals and recommended that the Town Board award the bid to the lowest responsible bidder, Anderson Equipment Company, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the purchase of an Asphalt Roller for the Town’s Water Department from Anderson Equipment Company for an amount not to exceed $15,254.00 to be paid for from Misc. Equipment Account No.: 040-8340-2001, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 37 RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $15,254.00 from unappropriated, undesignated Fund Balance to Account No.: 040-8340-2001 and effectuate such 2008 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WATER DEPARTMENT HIGH LIFT PUMP REPLACEMENT PROJECT RESOLUTION NO.: 443, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 480,2007, the Queensbury Town Board authorized engagement of Burley-Guminiak and Associates Consulting Engineers, P.L.L.C. (B-G) to institute some of the recommendations outlined in the 2007 Energy Efficiency Study, such recommendations include the replacement of two (2) 33 year old inefficient 400 HP motors and pumps with two (2) new and more appropriately sized pumps, and WHEREAS, the Town of Queensbury Water Superintendent and Civil Engineer wish to advertise for bids for such High Lift Pump Replacement Project as will be more clearly specified in bid documents and specifications to be prepared by B-G and in form approved by the Water Department Superintendent and/or Civil Engineer, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 38 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent and/or Burley-Guminiak and Associates Consulting Engineers, P.L.L.C. to publish an advertisement for bids for the High Lift Pump Replacement Project in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. nd Duly adopted this day of September 22, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE TRUCK RESOLUTION NO.: 444, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Parks and Recreation Department has declared a 2000 Dodge Ram, ¾ Ton Pick-Up Truck (112,861 miles) with an 8’ Fischer Plow as surplus, and WHEREAS, the Parks and Recreation Department advised Town Departments of the surplus truck and plow and did not receive any requests from the Departments and therefore has requested Town Board authorization to sell the truck and plow by advertising in the official Town newspaper, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 39 RESOLVED, that the Queensbury Town Board hereby approves the sale of the Town Parks and Recreation Department’s 2000 Dodge Ram, ¾ Ton Pick-Up Truck (112,861 miles) with an 8’ Fischer Plow that is no longer needed by the Town or obsolete, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids to sell the surplus truck and plow in the official newspaper for the Town of Queensbury, and that all Town proceeds from the sale shall be deposited in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION APPOINTING LISAMARIE WHITE TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 445, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 40 WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Recreation Commission, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Lisamarie White to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Lisamarie White to st the Town of Queensbury Recreation Commission, such term to expire on December 31, 2013. nd Duly adopted this 22 day of September 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: : None ABSENT: None RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES RESOLUTION NO.: 446, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Director of Parks and Recreation (Director) has advised the Queensbury Town Board that the Town is again eligible to apply for funds from the New York State Office of Children & Family Services (OCFS) relating to Town recreation programs, and WHEREAS, the Director has requested Town Board authorization to prepare a funding application in the amount of $8,500 for youth recreation programs eligible for matching reimbursement from OCFS through the Warren County Youth Bureau, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 41 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Director of Parks and Recreation to prepare the application for recreation funds from the New York State Office of Children & Family Services and the Town Supervisor to execute such funding application, and BE IT FURTHER, RESOLVED, that in the event that the Town does receive such recreation funds, the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by increasing Revenue Account No.: 001-0000-53820 (Youth Program) and Operating Account No.: 001-7110-4824 (Recreation Programs) by the amount of $8,500., 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 other action necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS – GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY RESOLUTION NO.: 447, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System) which provides transit bus service within portions of Saratoga, Warren and Washington Counties, and WHEREAS, the Town of Queensbury’s current Transportation Agreement with the st Transit System will expire December 31, 2008 and the Transit System has submitted a new REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 42 Transportation Agreement for January 1, 2009 through December 31, 2010 to the Town for approval, and WHEREAS, such Agreement provides for the continuance of an Advisory Transportation Committee consisting of two members from the Transit System and two members from each participating community, and historically the Town of Queensbury’s two representatives have been the Town Supervisor and Executive Director of Community Development, and WHEREAS, the Town Board believes that this public transportation service benefits and serves the public interest of Town residents, and WHEREAS, a copy of the Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Transportation Agreement between the City of Glens Falls’ Greater Glens Falls Transit System and Town of Queensbury presented at this meeting for an amount of $53,325 annually for 2009 and 2010, to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the appointment of the Town Supervisor and Senior Planner as the Town of Queensbury’s representatives on the Greater Glens Falls Transit System Advisory Transportation Committee, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 43 RESOLUTION AUTHORIZING SETTLEMENT OF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION MATTER RESOLUTION NO.: 448, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Paul Schonewolf filed a Complaint with the U.S. Equal Employment Opportunity Commission (EEOC) charging the Town of Queensbury (Town) with discrimination on the basis of age, under the Age Discrimination in Employment Act, 29 USC §630, (ADCA) based upon the allegation that the Town discriminated against firefighters in the years between 1990 and 2006 because firefighters aged 62 and older could not earn firefighting service credit under the Length of Service Award Program (LOSAP), and WHEREAS, the Town agrees that firefighters 62 years of age and older were not allowed to earn firefighter service credit because General Municipal Law §214 et seq., would not allow crediting firefighters over age 62 during this period of time but limited the Town to making prospective changes to the LOSAP, and WHEREAS, in 2007, the Town amended its LOSAP to allow then currently active firefighters to accrue prospective service credit without regard to age, and WHEREAS, firefighters who served between the years of 1990 and 2006 are entitled to retroactive credit for their service during those years, and WHEREAS, the Town has provided EEOC with a list, based upon information supplied by the Town’s five (5) Fire Companies setting forth the impacted firefighters, a true and correct copy of which is presented at this meeting, and WHEREAS, based upon the information provided to EEOC, EEOC has prepared a Determination Letter and Conciliation Proposal, a draft copy of which is presented at this meeting, and WHEREAS, the Town wishes to accept this Proposal and to ensure that all firefighters are promptly paid or credited for awards due them under the LOSAP Program for the years between 1990 and 2006, NOW, THEREFORE, BE IT RESOLVED, in light of the foregoing, the Queensbury Town Board hereby authorizes and directs the Town Supervisor to execute the final Conciliation Agreement REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 44 resolving the Equal Employment Opportunity Commission (EEOC) Charge No.: 520- 2007-02662 in the form approved by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to issue any payments due to formerly active volunteer firefighters based th upon their restored credit by no later than October 30, 2008 from the account(s) deemed to be appropriate by the Budget Officer, and to submit written documentation of such payments to the EEOC, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Executive Assistant to restore LOSAP credit for the years between 1990 and 2006 to each identified firefighter, and BE IT FURTHER, RESOLVED, that the Town agrees to provide ADEA training for all managerial employee firefighters and for all non-managerial firefighters by no later than October th 30, 2008 consistent with the EEOC Conciliation Agreement and agrees to post EEOC posters in places visually accessible to applicants and employees of the Respondent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer and Town Counsel to otherwise file any necessary documentation and take any and all actions necessary to ensure compliance with the Conciliation Agreement and effectuate all terms of this Resolution. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. BRIAN GRANGER RESOLUTION NO.: 449, 2008 INTRODUCED BY: Mr. Daniel Stec REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 45 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Chapter 179 of the Town Code provides for administration and enforcement of the Town’s Zoning Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, in 2005, Brian Granger approached the Town with the desire to use property located at 18 Newcomb Street in the Town’s Mixed Use Zone for a parking garage facility to be used in conjunction with a repossession business, and WHEREAS, the Town’s Zoning Administrator determined that this was not an allowed use in the Mixed Use Zone, and WHEREAS, such determination was appealed to the Town’s Zoning Board of nd Appeals (ZBA) which upheld the Zoning Administrator’s determination on March 22, 2006, and WHEREAS, the property owner persists in using his property in violation of the Town Zoning Ordinance, and WHEREAS, the Town’s Community Development Department has received complaints regarding the illegal use of this property, and WHEREAS, it is apparent that the property owner is aware that his use of the property is illegal yet persists in violating the Town’s Zoning Ordinance, and th WHEREAS, by letter dated September 15, 2008, the Town’s Zoning Administrator sent a letter to Mr. Granger directing him to cease all illegal use of the property by October th 15, 2008, and WHEREAS, the Queensbury Town Court has no jurisdiction to provide injunctive relief and the only avenue available to require compliance with the Town Code including the Zoning Ordinance is by recourse to the Supreme Court, and WHEREAS, the Town Board wishes to pursue such preliminary and permanent injunctive relief, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 46 RESOLVED, that in the event that Brian Granger fails to comply with the Town th Zoning Administrator’s letter of September 15, 2008 by terminating all illegal use of his th property by October 15, 2008, the Queensbury Town Board hereby authorizes and directs Town Counsel to commence a Warren County Supreme Court action against Brian Granger to seek preliminary and permanent injunctive relief to require the immediate and permanent cessation of the operation of a vehicle storage facility and associated auto repossession business in the MU Zone as referenced in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Zoning Administrator and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 450, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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 REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 47 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To CodeAppropriationCodeAppropriation$ 001-1990-4400 Contingency 001-3410-4410 Fire Marshall Fuel 250 001-1990-4400 Contingency 001-3510-4410 Animal Control Fuel 750 001-1990-4400 Contingency 001-8010-4410 Zoning Fuel 1,000 001-1990-4400 Contingency 001-3620-4410 Bldg&Codes Fuel 1,750 001-8020-4410 Planning Fuel 001-3620-4410 Bldg&Codes Fuel 1,000 001-1990-4400 Contingency 001-1620-4410 Bldg&Grounds Fuel 3,000 001-1990-4400 Contingency 001-7110-4410 Parks & Rec Fuel 5,000 001-1680-1010 IT Wages 001-1680-2001 Misc. Equipment 10,000 001-7020-1010 Rec Wages 001-7110-4110 Recreation Veh. Repair 2,000 001-7020-1010 Rec Wages 001-7020-4120 Rec Printing 1,500 Hwy. 004-5130-4200 004-5130-2020 Vehicles 5,000 Insurance Computer 032-1680-2032 032-8110-4105 Mobile Communication 300 Software nd Duly adopted this 22 day of September, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF SIGNWORKS, INC. FOR CREATION AND PLACEMENT OF SIGN BETWEEN TOWN OFFICE AND ACTIVITIES CENTER COMPLEXES AND AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 451, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough , WHEREASthe Town of Queensbury wishes to erect a sign in front of Town Hall to inform the public of Town meetings, events, activities and/or public information, and , WHEREASthe Town has also received a request from the Queensbury Senior Citizens, Inc. (Seniors) to erect signage on Town property to inform Seniors and other community members of various local services available to them, and REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 48 WHEREAS, the Town of Queensbury’s Facilities Manager requested proposals from sign companies regarding the creation and placement of such exterior illuminated sign to be positioned between the Town Office and Activities Center Complexes, and WHEREAS, proposals were received and reviewed by the Facilities Manager and he has recommended that the Town award the proposal to Signworks, Inc., for an amount not to exceed $6,166.00, in accordance with his September 11, 2008 Memorandum to the Town Supervisor presented at this meeting, and WHEREAS, the Town would pay for such sign installation with the understanding that the Seniors would reimburse the Town for one-half (1/2) the cost of construction and st installation of such sign by paying the Town the sum of $3,083.00 on or before the 31 day of October, 2008, and WHEREAS, the Town Board wishes to award such proposal and also enter into an Agreement between the Town and Seniors concerning the use of such sign, and WHEREAS, a proposed Agreement between the Town and the Seniors is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Signworks, Inc., to create and install an exterior illuminated sign to be positioned between the Town Office and Activities Center Complexes as referenced in the preambles of this Resolution for a total amount not to exceed $6,166.00, with the understanding that the Seniors shall reimburse the Town for one-half (1/2) the cost of construction and installation of such sign by paying the Town the sum of $3,083.00 on or st before the 31 day of October, 2008, and BE IT FURTHER, RESOLVED, that the Town’s share, $3,083.00, shall be paid from the appropriate account as may be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and approves the Agreement between the Town of Queensbury and Queensbury Senior Citizens, Inc., contingent upon the Seniors approving and signing the Agreement, and authorizes and directs the Town Supervisor to execute such Agreement, and REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 49 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5772 IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 452, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5772 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 50 NOW, THEREFORE, BE IT #5772 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5773 IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 453, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5773 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 51 WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5773 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5774IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.:454, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5774 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 52 process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5774 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE #5775 IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 455, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5775 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 53 receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5775 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARD FOR CASE FILE # 5576 IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 456, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5776 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 54 qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5776 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENone NT: RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #5777 IN CONNECTION WITH NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL HOME PROGRAM 20073216 RESOLUTION NO.: 457, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and #5777 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 55 such assistance, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5777 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – ND WARRANT OF SEPTEMBER 22, 2008 RESOLUTION NO.: 458, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills th presented as the Warrant with a run date of September 18, 2008 and a payment date of rd September 23, 2008, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 56 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thrd run date of September 18, 2008 and payment date of September 23, 2008 totaling $408,132.26, 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. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None RESOLUTION AUTHORIZING DRAINAGE EASEMENTS FROM PROPERTY OWNERS ALONG MICHAELS DRIVE RESOLUTION NO.: 459, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Town Engineer and Town Highway Superintendent have determined that the Town of Queensbury needs easements from certain property owners in the vicinity of Michael’s Drive for drainage purposes, and WHEREAS, the Town Board agrees that acquisition of such drainage easements will help the Town prevent possible damage to a Town highway, Michael’s Drive, and will benefit Town residents, and therefore the Town Board wishes to authorize acceptance of such drainage easements, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts drainage easements from the following property owners: PROPERTY OWNER ADDRESS TAX MAP NO. Michael LaBonte 516 Luzerne Road 308.6-1-86 Douglas & Wendy Vance Burch Road 308.6-1-79 REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 57 Douglas & Wendy Vance 33 Dean Drive 308.6-1-78 Michael LeBlanc 34 Warren Lane 308.6-1-67 for the purposes of resolving drainage problems affecting a Town Highway, Michaels Drive, as set forth in the preambles of this Resolution and in form acceptable to Town Counsel and the Town Highway Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Engineer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING DRAINAGE EASEMENT FROM MATTHEW BALL ALONG MICHAELS DRIVE IN EXCHANGE FOR RIGHT-OF-WAY AND EASEMENT RESOLUTION NO.: 460, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Town Engineer and Town Highway Superintendent have determined that the Town of Queensbury needs an easement from property owner Matthew Ball in the vicinity of Michael’s Drive for drainage purposes relating to such Town highway, and WHEREAS, the lands of Matthew Ball are needed to construct such drainage easement, and WHEREAS, Town of Queensbury owns a 275’ x 50’ vacant strip of land, consisting of .20 acres on Michaels Drive between lots with Tax Map No.’s: 301.18-1-5 and 308.6-1-17 which Mr. Ball desires as a right of way for ingress and egress to other lands he owns bearing Tax Map No.’s: 308.6-1-15 and 308.6-1-16, and REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 58 WHEREAS, Mr. Ball wishes to access these other lands through property owned by the Town of Queensbury, which land is not currently a Town highway, and WHEREAS, the Town Assessor has estimated that the value of the easement being granted is substantially equal to the value of the drainage easement the Town is receiving, and WHEREAS, the Town and Mr. Ball intend to swap the drainage easement for the benefit of both parties for access to other lands of Mr. Ball for the benefit of Mr. Ball without any cost to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts a drainage easement from Matthew Ball of 5 Algonquin Drive over property bearing Tax Map No.: 308.6-1-28 for the purposes of addressing drainage problems affecting a Town Highway, Michaels Drive, as set forth in the preambles of this Resolution and in form acceptable to Town Counsel and the Town Highway Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the granting in exchange of a right- of-way easement through the lands of the Town of Queensbury located between lots bearing Tax Map No.’s: 301.18-1-5 and 308.6-1-17 where the Town will provide such right-of-way easement in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Engineer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None 6.0CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisor Report for Community Development and Building and Codes for the month of August, 2008 on file in the Town Clerk’s Office. 7.0TOWN BOARD DISCUSSIONS REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 59 COUNCILMAN METIVIER ? Attendance at tonight’s meeting was much better than recent weeks encourage people to come sit down watch the meeting encourage open government would like to see more people come out. ? Spoke regarding an article in the paper regarding the lack of Volunteer Firefighters especially younger ones. Need to encourage people to come out to their local fire departments and volunteers if you get enough people to do it the time commitment might not be so bad. ? Cronin Road being repaved this week started work today should be done by end of the week. ? Glen Lake Road new 30 mph signs put up over the last week encourage people to obey the signs there will be increased road patrols. COUNCILMAN MONTESI ? In receipt of Audit done by an outside Audit Firm for the Town quite a compliment to our group of ladies and Barbara Tierney did not identify any deficiencies internal control over financial reporting. ? In receipt of Library Budget four million dollars our share of that four million three thousand seven hundred and sixty seven dollars is one million six one zero seven five four for the Town of Queensbury an increase this year over last year of almost six hundred thousand. ? Spoke regarding Building Inspector Report twenty million dollars worth of valued construction in Town this year for the month it was a million three. There are five million dollars in single family homes and six million dollars in commercial industrial building. COUNCILMAN STROUGH ? Spoke regarding the proposed cell tower has spent a lot of time on this the location of this is Queensbury Central No. 2 Firehouse on Aviation Road, has reservations about this. ? Spoke regarding article in the Post Star on Parking Standards. ? Spoke regarding article in the Post Star regarding algae growth that has been noticed in Lake George noted his concern, but is hopeful will be working on the waterfront zoning in the near future. It may give the board an opportunity to update our land use regulation and management and put in some more best practices more up to date best practices in our waterfront residential. COUNCILMAN BREWER ? Asked Supervisor Stec to write a letter to Theresa Sayward and or Betty Little regarding fencing for the Northway Bridges. ? West End Park is near completion. ? Congratulated Walter Grishkot and volunteers regarding the Balloon Festival. ? Spoke regarding the paving in the Cemetery asked where they stood on that and on the sewer hookup at Supervisor Stec to check into this. REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 60 ? Spoke regarding the PCB Plant on Luzerne Road spoke with the gentleman who runs the plant. The bloom that people are seeing coming out of the stack that they have is actually steam it is not smoke nothing to do with the PCB’s. To meet this Thursday or Friday morning with them will report hopefully the week after next showing that it is ninety ninety point nine percent pure air coming out of this mostly moisture created by the drop in temperature. SUPERVISOR STEC ? Received a couple calls last week related to the cleanup that is going on Luzerne Road. It is a DEC Project has DEC contact information if there is anyone out there that is seeing this and is curious about this asked for them to call his office for the number. ? Spoke regarding the Balloon Festival Walt and Joan Grishkot and all their Board of Director members, volunteers that worked on South Queensbury Fire Department; Bay Ridge Rescue Squad recognized their effort. ? Town Hall is making our own sewer tie-in for the Town Complex they are waiting for some fabrication work off site to be done so that the final piece can be dropped into place the expectation is that it will be done within the next two weeks. ? Thanked TV 8 and sponsors for televising the meetings. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 461, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss a Union Grievance Stage III request. nd Duly adopted this 22 day of September, 2008, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 462, 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 adjourns from Executive Session and moves back into Regular Session no action taken. nd Duly adopted this 22 day of September, 2008, by the following vote: Ayes: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier REGULAR TOWN BOARD MEETING 09-22-2008 MTG#42 61 Noes: None Absent: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION 463, 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 adjourns its Regular Town Board Meeting. nd Duly adopted this 22 day of September, 2008, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury