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2009-01-05 MTG#1 REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 426 REGULAR TOWN BOARD MEETING MTG#1 JANUARY 5, 2009 RES# 1-27 7:00 P.M. B.H. 1-4 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH BOARD MEMBERS ABSENT COUNCILMAN TIM BREWER TOWN OFFICIALS SENIOR PLANNER, STU BAKER PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC PROCLAMATION WHEREAS, Marion Palmer, widow of Jim Palmer, has offered to donate to the Town of Queensbury her late husband’s paintings that are currently on display at the Town of Queensbury Office Building in memory of her late husband, and WHEREAS , the Town Board is honored by Mrs. Palmer’s generous offer and feels that the continued display of Mr. Palmer’s artwork in the Town Offices will benefit Town residents, and NOW, THEREFORE, the Queensbury Town Board, on behalf of all of its citizens, hereby thanks Mrs. Marion Palmer for her unselfish act of kindness in memory of her husband th GIVEN under the SEAL of the Town of Queensbury this 5 day of January, 2009. _________________ ____________________ Daniel Stec Anthony Metivier Town Supervisor Councilman Ward 1 ___________________ ________________ ___________________ Ronald Montesi John Strough Timothy Brewer Councilman Ward 2 Councilman Ward 3 Councilman Ward 4 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 427 RESOLUTION NO. BOH 1, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and moves into the Queensbury Board of Health. th Duly adopted this 5 day of January, 2009, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec Noes: None Absent:Mr. Brewer PUBLIC HEARING – SANITARY SEWAGE DISPOSAL VARIANCE FOR DEBARON ASSOCIATES/DEBRA DURANTE SCHEIBEL OPENED PUBLICATION DATE: DECEMBER 26, 2008 ATTORNEY DENNIS PHILLIPS, TOM HUTCHINS - HUTCHINS ENGINEERING PRESENT REPRESENTING THE SCHEIBEL’S ATTORNEY DENNIS PHILLIPS, LAW FIRM OF MC PHILLIPS, FITZGERALD AND CULLUM IN GLENS FALLS-The applicant and her husband are sitting in the second row behind me. To my left Debra Scheibel and her husband Steve Scheibel and Lucas Dube also with Hutchins Engineering so all of us have been involved in this project. Actually this project began back in the spring of the year when we went to the Zoning Board of Appeals asking for a variance with respect to 1ot four, which is before you the lot was made non compliant because of the change of the law over a number of years. Historically lot four was approved as a subdivision back in 1969 by the Town of Queensbury Planning Board it also was approved back in 1969 by the Department of Health as a building lot. Of course, the law changed between 1969 and the present date because of those changes of the law we had some setback issues both for stormwater and for sewage disposal system. We made a presentation to the Zoning Board of Appeals actually the record of that presentation is in your packet. Originally our presentation to the Zoning Board of Appeals recommended the installation of an off site sewage disposal system farther away from Lake George that would require some blasting and some pumping. The thought of the Zoning Board of Appeals was that it would create too much of a disturbance in the Lake George basin so the Zoning Board of Appeals actually recommended that we revise our plan and go to a holding tank instead of an off site sewage disposal field. In the minutes of the Zoning Board of Appeals on page forty one in your record you have that specific recommendation from the ZBA that we do a holding tank on this property instead of doing an off site sewage disposal system. After that we did make application to the board, but the application was kicked back because Mr. Hatin wanted us to get the approval and a waiver from the Department of Health on this plan as well, which we did, it took us a while to go through that process. You have in your packet a waiver from the Department of Health with respect to the holding tank and you also basically have an affirmation from the Department of Health of their approval with a holding tank for this particular site. In terms of the history of this property and the record it goes back to 1969. I have put together a document that you have been talking about information relating to the history of lot four and I start in 1968 with the acquisition of the property. I go through the subdivisions approvals. I go through the exemption from the Adirondack Park Agency because of a non jurisdictional letter honoring the preexisting subdivision. Then, I talked about how this lot has been owned and assessed and taxed as a building lot. I put some numbers out there for you showing how much tax has been paid in the last four years or five years so that you have that for the record. REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 428 With that I am going to turn this over to Tom Hutchins who can answer specific questions and talk briefly about this design for a holding tank on this property. MR. HUTCHINS-Good evening board from a technical standpoint this is a relatively simple system. It is a three alarm holding tank the typical holding tank we have done on other sites in the Town of Queensbury when we have no other alternative that is the way we feel on this site. It is technically feasible it is a four thousand gallon system split between two separate tanks serving up to a four bedroom residence although the actual residence will likely be less than four bedrooms. It is a very small residence twenty four by forty house on Lake George a relatively small house. We have kept this system as simple as we can it is a holding tank any questions? SUPERVISOR STEC-Why don’t I open the public hearing if we have any starting questions for board members we will start there and then take public comment. Do board members have any questions you look like you were going to raise your hand John? PUBLIC HEARING OPENED COUNCILMAN STROUGH-So we’ve sat for forty years vacant in about a third of an acre lot that has well bedrock is not that deep and I did read the ZBA minutes there were some concerns about this lot even being buildable. I understand the taxes you are paying on it and I understand the family has been using it the Scheibel’s have been using it for forty years that they have had picnics and swimming. There is at least one dock although looking at the diagrams there seems to be more than one dock on the property and that is somewhat confusing, but we can get to that later. Just as an aside the short EAF wasn’t filled out by the applicant it is blank that needs to be done. I see there are restrictions not only deed restrictions, but also you are asking for variances. What I am getting at is that the deed restriction is that you have a house with a garage no less than nine hundred square feet is that correct? ATTORNEY PHILLIPS-As far as what can be built there is that what the questions is? COUNCILMAN STROUGH-That would be a minimum structure nine hundred square feet. ATTORNEY PHILLIPS-Yes. COUNCILMAN STROUGH-Yes. ATTORNEY PHILLIPS-I am saying yes because I would refer to the restrictions themselves that would be in the document that you have, which is the original vesting deed going back to 1968 from Malcolm Mitchell to John Behrens and others. As, I look the deed restrictions the primary deed restrictions that I was focusing on was that it was mandatory for this property never to be used for anything other than a private residential purpose. Yes, now I am seeing the G restriction that no residence of less than nine hundred square feet of living area exclusive of other things would be built there. COUNCILMAN STROUGH-My point is this usually I favor holding tanks especially next to Lake George and especially in these dense situations because I know where its going and I think it is better for the environment usually I favor these. The only concern that I have in terms of this application is the size of the building. We have a building now the Scheibel’s could build a nine hundred square foot building and meet all the requirements probably meet all the setbacks. The Scheibel’s are building a two thousand eight hundred and eighty square foot building much larger than maybe this lot can comfortably accommodate that is the opinion of one person. Is this going to be going to Planning Board for site plan review? ATTORNEY PHILLIPS-Yes, it is. COUNCILMAN STROUGH-That is good because there are some storm water issues with it as well. I also noticed too, that bedrock is five foot six inches from the surface at least in the test pit area it may be less it may be more in other areas. The test pit area REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 429 being the area approximately where the holding tanks are going to be located and the holding tank itself is six foot four inches so the holding tank is actually going to be above the surface. MR. HUTCHINS-No you are in a fill section. COUNCILMAN STROUGH-Well the depth to bedrock is five foot six and the tank itself is six foot four. MR. HUTCHINS-Right. COUNCILMAN STROUGH-So there is going to be some mounding as you backfill. MR. HUTCHINS-Yeah, the finish will be higher than the current grade. COUNCILMAN STROUGH-Okay, I just wanted confirmation. MR. HUTCHINS-Yep. COUNCILMAN STROUGH-Because we are going to have a mound and that might lead to stormwater situations, but it relieves me to know that the Planning Board is going to be reviewing this. Again, reading through the ZBA minutes as well as some of your neighbors had some concerns mostly about the stormwater management, but there were also concerns about how large the structure was and the number of variances you needed to accommodate the size of the structure, I, too was concerned about the size of the structure on this lot and I wondered if the Scheibel’s would be willing if not at this level I think it is going to come before them again in the ZBA and possibly in the Planning Board to downsize their structure. I wouldn’t be a bit surprise if that request is going to be forthcoming being a former Planning Board member and being a concerned resident there is also a height issue, too. We have a height of twenty eight feet that is allowed and this is twenty eight feet ten inches. You didn’t ask for a variance on the height so that is another issue that is going to have to be solved. All this could be solved if there was a smaller structure just a concern on my behalf I don’t really have a problem with the holding tanks, but I just thought the structure could be downsized to make everybody more comfortable. COUNCILMAN MONTESI-John you raised an issue about docks. It says no dock; boathouse or other structure shall be constructed or maintained between the north easterly corner of said premises and the northerly edge of the existing boat dock except for said existing dock and existing boathouse so we do have a boathouse and a dock on the property. ATTORNEY PHILLIPS-I think relates to in terms of this 1968 deed that not only spoke to the area that was being conveyed, but also to an area that is a common area. Immediately to the south of this property is a common area, which is the common lot for the Dark Bay Association. I think there could be some run in, in terms of that language with the area that was being reserved for the common area. There is how many docks do we have here Tom already? COUNCILMAN MONTESI-We have two docks. ATTORNEY PHILLIPS-We have two docks on this property right now. COUNCILMAN STROUGH-When you were referring to docks we have two finger docks here. One seems to have the least of ramp way on two front pieces of property at the same time that is not unusual for Lake George. I am assuming that this dock is actually probably under the control of this property owner? MR. HUTCHINS-No. COUNCILMAN STROUGH-This dock is the Scheibel’s? REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 430 MR. HUTCHINS-Yes. COUNCILMAN STROUGH-And this dock is the Scheibel’s? MRS. SCHEIBEL-It used to have boathouse. COUNCILMAN STROUGH-The Scheibel’s? MR. HUTCHINS-Yes. COUNCILMAN STROUGH-So you have three docks. MRS. SCHEIBEL-On that one lot. COUNCILMAN STROUGH-They are preexisting. SUPERVISOR STEC-Any other board member questions before we open it for public comment, with that the public hearing has been opened. Is there any member of the public that would like to comment or ask any questions? JIM TOBIN, 15 DARK BAY LANE, QUEENSBURY-I am also part owner of the adjacent lot, which is owned by the Dark Bay Association, which is a common lot that was just talked about. Twenty years ago I was before this board different people on the other side of the table. The board at that time denied the same application for reasons of a holding tank being installed on the same lot by the same applicant. For those reasons of all the reasons that you would deny building on that lot the Planning Board denied also the Adirondack Park Agency at that time denied the applicant twenty years later we are a bit older I hope wiser. One of the items that was brought up by the applicant previously is that there is a variance from the New York State Health Code. I would like to go on record that the Health Code I believe that is in question is Volume 10 NYCRR Part 75A, I would just read to the board what that says one sentence about holding tanks Other Systems its called holding tanks. The use of holding tanks shall not be permitted for new homes except or occupancy of a home permitted while sewage treatment system is under construction so the Health Department says that is not to be used I believe is there is a variance I was unaware of that. I think this is a precedent setting for a very very sensitive site. It is not the right site, it is not the right building, it is too big it over looks a very tranquil area. I believe this board and I recommend and I hope this board sees those issues and denies the application at least for a holding tank because there are alternatives to this system. For the last twenty years I have known the Scheibel’s they are very very nice people I don’t like to be here, but sometimes you have too so thank you. SUPERVISOR STEC-Anyone else that would like to comment on this public hearing? ROBERT FOULKE, 25 DARK BAY LANE-I am the resident most directly affected by this I am also the President of the Dark Bay Association so I will be speaking twice first as a resident. This house would be built directly below our house. I have studied the plans at both stages the first stage through the Planning Board and the second stage with the holding tank. I believe the holding tank solution is a great improvement over the prior plan, which would have had a very long line running up Dark Bay Lane crossing over another segment of Dark Bay Lane to a lot, which is considerably away from the proposed site this solves the problem of having something which is compact on site. As far as I can see from studying the architectural plans on the holding tanks they would seem to be unobtrusive much more so than digging up the board and putting in the pipe to get it way out in the distance up hill no less. From my point of view this plan is much better than anything we have seen before. As the person that would overlook the new house I have no objection whatsoever to its size. I have expressed before that I want the height controlled as it was on the original plan. The plan that you have now before maintains that height. I expressed that in a letter to the Zoning Board of Appeals because I was out of Town when the meeting was held. I feel very strongly that after paying lakeshore taxes on a building lot for nearly forty years they have a right to build a house here. As President of the Dark Bay Association we are obviously not in agreement with Jim Tobin another friend on this particular issue. I do feel that this plan is much better to REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 431 have holding tanks than to try and build a septic system on another lot as the head of the Association, which is much higher. It seems to me I am not an engineer I can’t discuss the satisfactory design of the tanks, but in terms of their proposed appearance I would have no objections whatsoever I hope you approve the variance. SUPERVISOR STEC-Thank you sir. Is there anyone else that would like to comment on this public hearing? CHRIS NAVITSKY, LAKE GEORGE WATER KEEPER-The New York State Department of Health Appendix 75 A was referenced and that simply states that holding tanks are not permitted for new construction that is simply to limit construction where construction cannot support the development that is proposed I think that is an important question here. Taking a second look about the boards thought on where and the Town’s of other boards considerations on where wastewater should be handled obviously further away from the lake is best for the lake to get it to soils that can handle that. There would be additional disturbance and the potential of migration back through the pipes that would be blasted into bedrock back towards the lake. A holding tank where the wastewater will be collected and removed from the area is a better solution and we support that. I think a lot of this comes down to in our viewpoint as a Water Keeper is and I think Mr. Strough addressed this is the constructability of the lot I am not sure if this is the right form for that. I do think that needs to be considered and I think a lot of our concerns are on the Planning Board level, but we think that the holding tank is a better solution. Regarding the holding tank itself there are a couple of techanical points that we discussed with the applicant. We think that there needs to be recalculation on the alarming because the alarms are placed in the second of a series of tanks and we think that it is actually limiting the volume that is available for overflow we discussed that with Mr. Hutchins and we hope that they adjust their alarm levels, but we do support the holding tank to make sure the wastewater can be transported away from the lake, thank you. SUPERVISOR STEC-Thank you Chris Happy New Year, again. Is there anyone else that would like to address the board on this public hearing, board members have anymore questions or comments before I close the public hearing? COUNCILMAN MONTESI-Just that with the Water Keepers comments I think it is important that we hear that the holding tank is a better solution. In looking at how far that line would have to run even though it was another lot that they were going to that seems like an awful long way and that was fought with some concerns, too because you would have to have a grinder pump to do that. I think some of the questions that we may have are going to be addressed by the Planning Board ultimately. Our charge is do we allow or don’t we allow a holding tank. I think one would say that is going to be my lake cleaner your lake cleaner so I would go along with that. SUPERVISOR STEC-I’ll take this opportunity to add it is a start of a brand new year we get a lot of variances like this and a couple speakers made reference to it certainly the staff and the Town Board sees these issues all the time. Somebody remarked that it is uncomfortable to come here and criticize and or be critical of a proposal that a neighbor that otherwise you’ve known for years you don’t have any other issues with and everyone gets along so we recognize that this is an awkward situation for some people. With that said, I want to compliment everyone that just spoke about how polite and civil and respectful you were of each other knowing that you are going to have to walk out of here and still live on the lake next door to each other raised some good questions and concerns. Certainly the board historically this is my tenth year now on the Town Board we have sought to seek out opportunities for holding tanks in difficult situations they tend to be the last resort because they do tend to be a little more expensive to maintain in the long run because you have to continue to pump them they allow for the use of property otherwise without that option people wouldn’t be able to use it so it is encouraging to hear as Ron just pointed out some of the people that just spoke that they recognize that an effort has been made and that the holding tank is heading in the right direction. Also, again the level of sophistication as to what the process is a few of the other issues that were raised tonight stormwater the other setbacks those are issues for other boards the Zoning Board and the Planning Board certainly are well equipped with staff members REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 432 their own membership to handle those issues. I think that Ron and John and some of the speakers here tonight did…that what is in front of us tonight is whether or not to allow us to move forward with a holding tank as part of the design. With that said is there anyone else that wants to comment on the public hearing before I consider closing it. PUBLIC HEARING CLOSED COUNCILMAN STROUGH-Yes, I can understand a holding tank is the best kind of system to accommodate the waste from this particular structure. I also understand would have said it is not a good idea as a matter of fact it is prohibitive of some senses to allow holding tanks for new construction. I think this particular lot is a unique lot so I think a holding is the best solution. Do we want to allow a holding tank that would accommodate such a large structure that requires a thirty three percent variance from the shoreline setback. A seventy two percent relief from the twenty five yard setback a hundred percent relief from the road frontage and there is the height issue. A smaller structure would have certainly made me feel more comfortable and approve a holding tank for new construction this particular situation and although like I said I usually favor holding tanks I am not comfortable with this application. SUPERVISOR STEC-What is not clear to me and John you made mention before it is not part of our resolution and I don’t think we have done it before I think it would probably be if necessary correctly handled perhaps by the Planning or Zoning Board, but I am not sure that we need to do a SEQRA tonight it is not part of what has been prepared for us by staff tonight. I would suggest that if we are going to move forward that we move forward as written if by some strange twist we find out that we have done an error and we need to come back and correct SEQRA. COUNCILMAN STROUGH-I didn’t necessarily mean to imply that. All I said it supplies certain information that I would have found valuable, but it is not there. SUPERVISOR STEC-I wasn’t sure if I was understanding it, other board members? COUNCILMAN METIVIER-John, I guess I am a little confused as to why you are concerned with this over other applications. COUNCILMAN STROUGH-First of all in a perfect world new construction doesn’t allow holding tanks. COUNCILMAN METIVIER-Correct. COUNCILMAN STROUGH-You are supposed to size your house and be able to accommodate it in an infiltration field. Now here they don’t have to size the house to an infiltration field because they have a holding tank. Theoretically you are not supposed to allow holding tanks for new construction. This is going to be a four bedroom double tank holding tank system to accommodate those four bedrooms. My argument is I don’t have a problem with the holding tanks I have a problem with the size of the project being proposed on this steep sloped shallow soiled next to the lake piece of property. COUNCILMAN METIVIER-As far as the house is concerned. COUNCILMAN STROUGH-I just have some concerns that’s all. COUNCILMAN METIVIER-Are the applicants going for variances for the size of the house? SUPERVISOR STEC-Setbacks. MR. HUTCHINS-Not for the size of the house for the setbacks. COUNCILMAN METIVIER-But, you are going to need to get variances as far as the height. REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 433 SUPERVISOR STEC-You are going to be before both the Zoning Board and the Planning Board, I think is where we are going with that. COUNCILMAN METIVIER-What about the height if you are going to be over the twenty eight then you will need to get a variance for that wouldn’t you? MR. HUTCHINS-No we are not going to be over the twenty eight we are going to work with it. SUPERVISOR STEC-Okay. COUNCILMAN MONTESI-Just dig deeper. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR DEBARON ASSOCIATES/ DEBRA DURANTE SCHEIBEL RESOLUTION NO.: BOH 1, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Debaron Associates/Debra Durante Scheibel applied to the Local § Board of Health for a variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the applicant wishes to install a holding tank on property located on Dark Bay Lane off Route 9L in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, January 5, 2009, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1.due to the nature of the variance, the Local Board of Health finds that the variance will not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 434 alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Debaron Associates/Debra Durante Scheibel for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank on property situated on Dark Bay Lane off Route 9L in the Town of Queensbury and bearing Tax Map No.: 239.18-1-47. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Montesi, Mr. Stec, Mr. Metivier NOES: Mr. Strough ABSENT:Mr. Brewer PUBLIC HEARING SANITARY SEWAGE DISPOSAL VARIANCE FOR JUDY NACUA OPENED PUBLICATION DATEDECEMBER 26, 2008 : DAN RYAN, VISION ENGINEERING REPRESENTING APPLICANT MR. RYAN-As you stated this is the property located at 8 Phillips Avenue in the southeastern portion of Queensbury off of Dix. We have an existing home, which is being called a three bedroom home; however, it is really a two bedroom home with an addition that is unheated. Presuming that in the future that does get converted to living space we would want to accommodate that so designed a replacement system for a three bedroom situation. Currently there is an existing failed seepage pit and collapsed septic tank on the parcel at some point in the past the owner has converted the kitchen sink to kind of a grey water discharge into the backyard somewhere so that is obviously not a condition that is very conducive to protecting the neighbors. Basically what we like to do is replace the system in its entirety the new septic tank and a new absorption system. Currently the homeowner is temporarily using family member’s residences for daily need so in the meantime we hope to minimize any potential for hazards for the nearby or adjoining properties. Basically because we have existing soils, which are shallow overlaying bedrock at a depth of two to three feet we have to bring in an imported fill system to minimize the foot print of that system we are utilizing an Eljen geo tech style sand filter, which provides greater surface area for treatment of the effluent. With that basically in order to provide the adequate fill needed to provide separation to bedrock and shallow water table we are proposing a system which tapers out to within three feet of the property lines. Ultimately it is a relatively basic system semi-deficient lot long and narrow with limited space available for a standard system. SUPERVISOR STEC-Why don’t I open the public hearing if there are any questions or comments first from board members before we take public comment. COUNCILMAN STROUGH-Reading your perc test it was a rather rapid perc. We had up to 8.2 inches in pit number two but you are saying you are bringing in imported fill is that to slow the perc rate down a little bit because of the bed rock?. MR. RYAN-We are proposing a loamy fill which would have a perc rate of up to about fifteen minutes and that would provide a little bit slower absorption. The site does vary the two perc tests performed on the parcel have a stabilized rate of approximately five minutes per inch for one and eight point two for the other. So, we want to try to bring in REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 435 a fill that generally complies or resembles the existing site soils. So, we will be between an eight and a fifteen minute perc rate. COUNCILMAN STROUGH-You are going to actually speed it up MR. RYAN-We are not speeding up the infiltration we are bringing in fill that is slightly equal to or slower than the existing site. COUNCILMAN STROUGH-It is slower then. MR. RYAN-Yea. COUNCILMAN STROUGH-Ok. MR. RYAN-So, it is an improvement over what it would be. COUNCILMAN STROUGH-It is an Eljen system with a pump station and so forth. Do these people have garbage disposal? MR. RYAN-They do not. COUNCILMAN STROUGH-I know somebody else that installed an Eljen system you try and tell them don’t put in a garbage disposal. MR. RYAN-We prohibit those. COUNCILMAN STROUGH-I don’t know how many years and two thousand dollars later when they had to replace those units they then took out their garbage disposal system. I hope the owners understand that it is not good for an Eljen system. It is not good for any infiltration system, but especially I think the Eljen system that is the only concern that I have they were nice plans Dan very nice. SUPERVISOR STEC-Any other comments or questions from board members? COUNCILMAN MONTESI-Dan if this is approved tonight when will construction take place obviously there is an inconvenience factor here for the folks. MR. RYAN-At this point we would like to get it replaced as soon as possible we certainly don’t want to install it in conditions that would have frozen soil conditions. I haven’t been out there since early December when we did the site testing so I don’t know what the condition is currently. Presumably if we could we would install it sooner than later. SUPERVISOR STEC-Is there any member of the public that would like to comment on this public hearing anyone at all, hearing none I will close the public hearing and entertain a motion. NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING JUDY NACUA’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 2, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 436 WHEREAS, Judy Nacua filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement septic system 3’ from the property line instead of the required 10’ setback on property located at 8 Phillips Avenue in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, January 5, 2009, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 3.due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4.the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Judy Nacua’s application for a variance from the Sewage Disposal Ordinance to install a replacement septic system approximately 3’ from the property line instead of the required 10’ setback on property located at 8 Phillips Avenue in the Town of Queensbury and bearing Tax Map No.: 303.20-1-30. th Duly adopted this 5 day of January, 2009, by the following vote: AYES: Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 437 VARIANCE APPLICATION OF RANDY SEVERANCE RESOLUTION NO.: BOH 3, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Randy Severance has applied to the Local Board of Health for variances from Chapter 136 to install a new septic/leaching system: 1.27.2’ from wetlands instead of the required 100’ setback; 2.4.3’ from the side property line instead of the required 10’ setback; and 3.0’ from the front property line instead of the required 10’ setback; on property located at 7 Fox Road 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, January 26, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Randy Severance’s sewage disposal variance application concerning property located at 7 Fox Road in the Town of Queensbury (Tax Map No.: 266.1-1-20) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 5 day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:Mr. Brewer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 438 RESOLUTION NO. BOH 4, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 5 day of January, 2009, by the following vote: Ayes: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough Noes: None Absent:Mr. Brewer 2.0 PUBLIC HEARING PUBLIC HEARING – EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS EMERGENCY SQUAD, INC. FOR 2009 OPENED PUBLICATION DATE: DECEMBER 26, 2008 SUPERVISOR STEC-We did set this back in December with our Rescue Squad. We have three Rescue Squads in the Town two are on two year contracts that would be Bay Ridge and North Queensbury the third one is this one West Glens Falls theirs just expired a few days ago. They were on a one year contract we did that for a couple of reasons, but probably the biggest one of all was that they are in a new building with unknown cost of operations the new larger building. They expressed a desire about a year ago to be in a one year contract we agreed with them so that’s why they are off and the other two are in the middle of a two year deal. With that said we did negotiate with them a moderate I think it works out to be around three percent increase in their operations for 2009. However, in addition to their own operating costs in their contract West Glens Falls Rescue Squads contract also includes the funding for the paid staffing for both West Glens Falls and Bay Ridge. There is essentially money for Bay Ridge’s paid staffing that is housed in the West Glens Falls contract it has been that way for a few years now. Bay Ridge had asked through our dealings with the West Glens Falls Rescue Squad that they would like to increase their paid staffing coverage. The long and short of it is that this would add a paid crew on the seventh day they previously had six days of coverage this will add a seventh day to their coverage that added cost is about twenty thousand dollars when you factor that in together the grand total for this contract will be up four point five percent. Again it is about three percent or so just for the West Glens Falls portion and then the added staffing amount and the rest. This will and I think it is noteworthy to announce this will have as an easy rule of thumb for everyone to remember Town wide seven days a week twelve hours a day right now it is six in the morning to six in the evening there will be two paid crews in the Town one through West Glens Falls and one through Bay Ridge. In addition to that and separate and not of tonight’s discussion North Queensbury Rescue Squad also has some paid staffing of their own and theirs is a little more complicated than just so many days because actually theirs is a little more heavily loaded in the summer months when the numbers are up near the lake swell of people in any event that is the staffing plan here for the Town. In addition to that one of the things, which I know the board is very happy to announce if we adopt this tonight part of the contract with the West Glens Falls Rescue Squad although not in the written contract language with Bay Ridge the indications from their leadership has also been of support, but West Glens Falls in their new contract is going to obligate and commit themselves to a consolidation between the West Glens Falls Rescue Squad and the Bay Ridge Rescue Squad that they are going to be starting here in January working on that. From dealing with the professionals the accountants and attorney’s it is felt that it is a REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 439 realistic goal to complete the process within the years so the goal is that by the end of 2009 that the two largest of the three EMS Squads will have consolidated. We believe that there will be efficiencies gained that will save money we also believe it will provide greater flexibility of existing resources everyone seems to think that this is the right thing to do. It has been something that has been talked about for many years it took the time to pick the tumblers and make sure that the planets were within the right alignment to give it the little nudge that was needed to get this done. It looks like from the conversations that I have had with West Glens Falls and Bay Ridge leadership they are going to get this done so I think the Town should take note. I mean everyone talks about consolidation and finding ways to share services or share assets or resources these two squads are going to work together. They have been working very closely together over the last few years since we have had the paid staffing it necessitated them to coordinate with each other those resources and the schedules and all that. I think from the operations were so close together that it kind of drove the administrative end of the business end of running an organization with the Board of Directors and whatnot towards hey it would make sense so actually they kind of came to us and said we like to pursue this can we broker a conversation. In the last couple months of last year that happened so again I think that both Bay Ridge and West Glens Falls should be commended for their stepping to the plate and working towards consolidating with each other. I think that in the long run I think it will serve the Town of Queensbury and our residents and their patients much better. With that said, I will open this pubic hearing if there are any members of the public that would like to comment on the public hearing I would just again ask that you raise your hand. PUBLIC HEARING OPENED JOE COMBS, 15 EASY STREET, QUEENSBURY-Even though I am wearing a West Glens Falls shirt I am not representing the squad. My question is with the consolidation and how Dan was presenting it is the way that it reads in the contract and from what I understand from the information we were given is we really don’t have a choice in the matter. If it is in the contract our contract runs to the end of year and we have to consolidate to have a contract. SUPERVISOR STEC-I wouldn’t quite word it that strongly we are certainly trying to make everyone feel a sense of urgency. Am, I going to look at anyone in the eye and say we are going to shut down Rescue Squads because the end of the paperwork hasn’t been wrapped up I don’t think so. Again, we are trying to set a target and a goal and get it done everyone is saying they are going to do it sometimes if you commit it to writing it makes it, people work harder to get there. MR. COMBS-My question is from having done this many years in a couple of different Town’s is so when Bay Ridge and West Glens Falls consolidate the expectation is going to be that me as a paramedic and West Glens Falls won’t be responsible for fifteen, sixteen hundred runs that we do that we will be responsible for close to probably twenty eight hundred runs now so our workload will increase as volunteers at night as opposed to now where part of the Town is covered by Bay Ridge we cover two thirds of the Town and West Glens Falls in Queensbury District. SUPERVISOR STEC-I think the answer there is we are not going to get involved in the scheduling of volunteers and how that works or how they administer hey, you guys are going to cover this part of Town. There still is going to be the Bay Ridge Station, there is still going to be the West Glens Falls Station, but the vehicle fleets I think will get a little more flexible as far as using vehicles using equipment, pay for work, filings, insurances, everything you all are involved in there. As far as operationally the folks that I was talking to are the two Captains or I guess one is now a President the other one is a Captain this is not a level of detail that is in the contract. MR. COMBS-I understand that, but I just want people to realize the reality of what you’re essentially forcing us volunteers to do. If we want to have a contract and get our money we have to do this and potentially increase what we have to do to get our money. SUPERVISOR STEC-Again, I wouldn’t know if we would force it. The squads came to us although we have been talking about it for five years when I first took office if people recall REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 440 that was one of the first things that I wanted to do it was probably too much to fast at the time. We did get a couple of other things done like the paid staffing the bill for service. Looking back five years now give me a little opportunity here the closeout for last year the squads raised eight hundred and sixty thousand dollars in bill for service funds essentially from insurance companies and Medicaid. Year to date two point six million dollars of non property tax money so we have had nothing but fantastic success on those fronts plus obviously I don’t think anyone would argue the paid staffing also guarantees us faster response time. MR. COMBS-Right it definitely helps. SUPERVISOR STEC-Those two things worked out well. We tried for the...try to all consolidate at the time actually west wasn’t the one that was leaning towards it they had some concerns and I think probably understandable so. They said, hey this is going to happen eventually someday give us some time I don’t know who it was, but around that time somebody said five years from now. Coincidentally when Jason Miller mentioned to me one day and Doug Widermuth mentioned it to me I realized hey these guys are there they need the Town to say do we want this or not. I don’t think anyone on the Town Board doubts that there will be savings. Are we going to say that we are going to be able to save X percent or whatever it is hard to judge that. MR. COMBS-That is what I am trying to figure out is where your savings is going to come from you are still maintaining two stations. You still are going to have at least four ambulances between the two organizations. You are still going to have to pay insurance on the same number of staff and ambulances so the cost savings as being presented I am not exactly sure where that is going to come from. Depending on what you end up doing you may end up having increase paid staff you may end up having increase cost down the road because of just the nature of how EMS is going. I am not saying that is a bad thing….. SUPERVISOR STEC-It is a reality. MR. COMBS-It is just the reality of what it is. Like, I said I am not representing the squad I am a member I have been there for a while. SUPERVISOR STEC-You are also a resident and taxpayer. MR. COMBS-That is just my question because we are not forcing West Glens Falls Fire and South Queensbury and Central and Bay Ridge all to become one big happy Fire Department either. COUNCILMAN MONTESI-We may. SUPERVISOR STEC-That issue hasn’t dropped yet. MR. COMBS-The perception I am getting is from the Town Board is that you know what is best for us you need to consolidate and this is going to happen or we don’t give you money. SUPERVISOR STEC-No one said it that way. Again, I will reiterate that the squads came to us. MR. COMBS-That is how it is being presented this has been coming to us for like five years. I have been in West Glens Falls for over ten years and I am been in emergency services for twenty five so I know how it works. COUNCILMAN STROUGH-The way I interpret the contract it is a one year contract. The two involved parties are supposed to negotiate a kind of unity. I also am very sympathic to the amount of time you volunteers put in at West Glens Falls; you deserve a pat on the back. MR. COMBS-Thank you. COUNCILMAN STROUGH-But, you also have thirty volunteers I think it is thirty volunteers in Bay Ridge, twenty seven or thirty. REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 441 SUPERVISOR STEC-In the twenties. COUNCILMAN STROUGH-It might be possible that some of those volunteers the management of this might be shifted over to help you guys out. MR. COMBS-I understand that it is going to be cooperative. COUNCILMAN STROUGH-That might help you through this. Another thing too that we keep running across are these boundary lines that were created in 1950. The Town is certainly different than what it was in 1950 that erases those boundary lines. In other words a call or response to an emergency situation will be based on where it is located not on whose territory it is. MR. COMBS-They actually do make sense contrary to what some people may believe the districts do still make a pretty good amount of sense. That was just some questions that I had I even brought them up at the squad level. There is always a struggle in the Town between the Squads and Fire Departments and the Town Board between what we feel is needed and what the Town Board feels is needed. On the Emergency Services side I think what put me over the edge so to speak is we were discussing whether we needed to upgrade something and pretty much were told that got back to us this way that the Town Board wasn’t going to approve it. Well it is not something that we wanted to do it is something that we had to do or we weren’t going to be able to provide services so it was held over our head that okay you can’t provide the services because we said so. We know what we need on emergency services to provide patient care and not disrespectfully, but that is not what you guys are experts in that is what we know. SUPERVISOR STEC-We are experts in taxation and the limit of thereof. MR. COMBS-So from my view is if we say this is mandatory the State came down and said we have to do this there shouldn’t be a question from the Town Board saying we are not going to give you the money because we think you shouldn’t have it. That is not you that is above the State we don’t want to do things sometimes we have too. Take that into consideration when we are coming to you saying we need to do this because sometimes it is, yeah it would be nice to have, but sometimes it is a need to have. SUPERVISOR STEC-Absolutely. MR. COMBS-Thank you for letting me say my peace. SUPERVISOR STEC-Quite all right. Thanks again for your volunteerism, Happy New Year. Anyone else like to address the board on this public hearing, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. FOR 2009 RESOLUTION NO.: 2, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 442 § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the agreement currently in effect between the Town and the West Glens Falls Emergency Squad, Inc., expired on December 31, 2008, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed 2009 Agreement for emergency ambulance services, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance service Agreement between the Town and the West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, 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 necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:Mr. Brewer 3.0 PRIVILEGE OF THE FLOOR JOHN SALVADOR-Spoke to the board regarding letter concerning the five Fire Companies Audit Reports that he put together finds that North Queensbury Fire Department is the only fire company that reports a reserve of cash that they call non Town money. All the other fire companies that have these kinds of monies they call them Town money. Of the four hundred and thirty thousand dollars they report as cash and cash reserve accounts that a hundred and twenty four thousand is truck fund money, REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 443 which leaves three hundred and six thousand dollars in various reserve accounts stating this money cannot be used for anything but fire protection and education in North Queensbury it should be used to reduce the fire tax. A foil request made to North Queensbury Fire Department as to where the money this gone has gone has not been answered, asked the board to withhold their budget for the year 2009 until these matters are cleared up. DR. HOFFMAN-Spoke to the board regarding the Aviation Road Corridor Study believes that the study will be a plus for the Town. Spoke to the board regarding the following concerns regarding the study. The right turn lane on Potter Road a hundred percent of the cars that go north on Potter Road are turning right adding a right turn lane will accomplish nothing. Left turn lane on Aviation onto Potter Road may cause some minimal improvement in traffic flow on Aviation Road. Traffic flow on Aviation Road is really not a problem at that point it is really the cars that are trying to get from Fox Farm onto Aviation Road that have the problem this will do nothing to help that problem. The only way to handle this problem would be a traffic circle or some other intervention. Recommended a little wider space between the road and the sidewalk along Aviation Road in terms of facilitating snow removal. Landscaping having an aesthetically pleasing road in front of the school and having beautiful public spaces in Queensbury is something that is important for the community. Spoke regarding the Queensbury School District plans specifically in terms of expanding parking and building an additional roadway into Aviation Road seems to be fundamentally wrong headed it will add more traffic thinks they should be focusing more on getting better use out of the bus system and encouraging other forms of transportation. Spoke to the board regarding snow removal referred to the article in the Post Star noting there seems to be some dysfunction between the Town Board and the Highway Department. Thinks this is not an optional issue having the ability to walk from place to place in the Town is a fundamental right it is not an option. COUNCILMAN MONTESI-Spoke regarding the snow removal of sidewalks in the Town does not think the sidewalks have to be cleared the day it snows given a day or two afterwards the sidewalks should be cleared. We cannot leave this to homeowners or property owners because as you go up Route 9 there are some seasonal businesses that are closed thinks it is the Town’s responsibility. COUNCILMAN STROUGH-Part of the problem it is a design problem that New York State should addressed. SUPERVISOR STEC-We have been doing it for the last nine years and will continue doing it to contact Highway Superintendent, Mike Travis regarding resources for snow removal of sidewalks. COUNCILMAN METIVIER-With the number of storms they have had this year they cannot catch up with it. DR. HOFFMAN-They don’t use it as an explanation for why they can’t clear the road it is only the sidewalks noted it is a low priority. SUPERVISOR STEC-It is a function of the State and Town Highway Law the roads are his primary function. DR. HOFFMAN-Would like to see a fundamental shift in attitude as Town Government that pedestrians are at the same level of importance as cars. LISA BALSCHUANT, 60 HELEN DRIVE-Spoke to the board is pleased to see the resolution regarding the Aviation Road Corridor Study she has attended most of the public meetings on this issue and has reviewed the final report and has also spoken to Aaron Frankenfield regarding this. Spoke to the board regarding the Aviation, Dixon Farr intersection noting she is past President of the Evergreen Estates Board and currently a member representing a hundred and twenty residents in the Town of Queensbury. Fifty six of them whom signed a petition circulated by Councilman Strough on behalf of their Ward strongly encouraging the Town to make this reconstruction project this intersection REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 444 a priority, concerned if we wait as a Town to obtain federal trust money we are waiting at least another three years thinks this is much to long for the priority that this intersection needs for the safety of the drivers, bikers, and pedestrians. The round-a-bout is an outstanding alternative understands the Town may have to acquire property to do this strongly encourage the board to do that even if the Town has to bear some of the acquisition costs. PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding dedication of land near West Mountain. SUPERVISOR STEC-Land was generously donated to the Town by a couple of private citizens who will be recognized at a later date they did donate approximately fifty acres near Gurney Lane to the Town near Rush Pond. MR. TUCKER-Spoke to the board regarding Engagement of National Grid and Verizon Companies for Design Services Related to Main Street Infrastructure and Redevelopment Plan. SUPERVISOR STEC-This is related to the Main Street Project it has been done before. In order to keep the project moving on a time line that the Town would prefer we are going to authorize fronting the final design cost for National Grid for an amount not to exceed twenty five thousand dollars and for Verizon an amount not to exceed nine thousand nine hundred dollars. MR. TUCKER-Asked if these amounts will be recovered if they win the lawsuit? SUPERVISOR STEC-The last judgment that we had from the courts yes we would recoup this money. We are on a timeline if we want to get the ball going we will need to front the money expecting to recoup it. MR. TUCKER-Spoke to the board regarding the money that the fire companies have asked the board if that is money that belongs to the Town? SUPERVISOR STEC-The fire companies are separate private non for profits subject to their own sets of law and oversights that the Town is not involved in. In addition to that they have a contractual relationship with the Town of Queensbury. Through that contractual relationship we have a right and we do thoroughly audit their books. MR. TUCKER-Asked if the board has settled the fire company contracts? SUPERVISOR STEC-Will be meeting with them this month. MR. TUCKER-Spoke to the board regarding the increase for the fire companies asked what it was based on. SUPERVISOR STEC-It was the Town Board in the past had not kept up in the budgeting with what the actual contracts were landing on for the five fire companies. Even though it is a ten percent increase guaranteed that there is not money in the budget for a ten percent increase for what they actually receive in contracts. This is basically catching our budget up to what their budgets have been. There is room in the Town’s budget to give them a small two or three percent increase not ten percent increase. The increase in the tax rate was seven cents a thousand, which is ten percent. Assuming that the Town Board stays within the budget like we said we were going to when we set the budget this year we will be caught up. Then any future increases in the fire budget you will be able to see it will be what their contract change is basically. Although there is more to the fire budget at the Town then just the five contracts there is also worker’s comp, and there is also the service awards program and also other costs associated with that. MR. TUCKER-Asked the status of the Bay Ridge Fire Company’s problem with the fuel spill. SUPERVISOR STEC-They are still dealing with their lawyer and insurances companies. REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 445 MR. TUCKER-They were questioned whether they had any surplus money noted in their audit they had a hundred and twenty seven thousand. 4.0RESOLUTIONS RESOLUTION ESTABLISHING RULES OF PROCEDURE RESOLUTION NO.: 3, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to designate procedural rules for the conduct of Town Board meetings and Town business by Town Board members, NOW, THEREFORE, BE IT RESOLVED, in accordance with the authority granted by New York State Town Law §63, the Queensbury Town Board hereby designates Robert's Rules of Order as its official rules of procedure for the year 2009, except that in the event of conflict between such Rules and the Town Law or a Resolution of this Board, the provisions of the Town Law or Board Resolution shall govern, and BE IT FURTHER, RESOLVED, that it is recognized and clarified that the Town Supervisor establishes the Town Board meeting agendas and chairs these meetings, and BE IT FURTHER, RESOLVED, that disruptive or uncivil behavior by anyone in meeting attendance is prohibited and that at his discretion the Town Supervisor may take such action as necessary to maintain a level of decorum and professionalism, including but not limited to, declaring a temporary recess of the meeting, and BE IT FURTHER, RESOLVED, that the Town Supervisor may create and make appointments to sub- committees of the Town Board in an effort to increase efficiency of government, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 446 RESOLVED, that unless procedures established in Town Code provide otherwise, referrals made to the Town Planning Board, Zoning Board of Appeals or other Town committees or Commissions seeking a review and/or recommendation back to the Town Board shall be made by either the Town Supervisor or a Resolution of the Town Board, and BE IT FURTHER, RESOLVED, that release of materials not subject to the Freedom of Information Law (FOIL) and especially materials involving matters of Town litigation is prohibited without a Resolution of the Town Board. th Duly adopted this 5 day of January, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Brewer RESOLUTION SETTING 2009 TOWN BOARD MEETING SCHEDULE RESOLUTION NO.: 4, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to establish its 2009 meeting schedule, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §62, the Queensbury Town Board hereby establishes its 2009 meeting schedule as follows: strd 1. Regular meetings shall occur on the 1 and 3 Mondays of each month at 7:00 o’clock p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, with the exception that the Town Board’s regular meeting dates shall be changed as set forth below for the following months: thth A.January – 5 and 26 REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 447 ndrd B.February – 2 and 23 thrd C.March – 9 and 23 thth D.September – 14 and 28. At regular meetings, public hearings will be held, Resolutions and motions will be proposed and/or adopted, miscellaneous matters will be discussed and the general public will typically be provided with a privilege of the floor comment session. The privilege of the floor session will be limited to Town matters only and will be run at the discretion of the Town Supervisor. 2. The Town Board shall schedule other special meetings for any purpose established by Town Board Resolution and/or in accordance with the New York State Town Law. The Town shall notify the media of the special meeting accordingly as required by the New York State Open Meetings Law. 3. If the Town Board decides to alter its regular meeting schedule, it will do so by Town Board Resolution and will notify the public and media by appropriate public notice. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING BANKING TRANSACTIONS AND INTERNET-BASED BANKING SERVICES RESOLUTION NO.: 5, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, New York State Town Law Paragraph 64, Subdivision 1, requires the Town Board to annually designate its Depositories for Town Funds, and REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 448 WHEREAS, in accordance with New York State General Municipal Law §5-a and §10 and Town Law §64, it is the duty of the governing boards of local government to adopt a system of internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and WHEREAS, in accordance with prudent business and cash management practices the Queensbury Town Board wishes to formally specify the authorities under which business may be transacted with these Depositories, and WHEREAS, the Town previously received agreements providing for Internet- based banking services entitled: 1.Internet Banking and Bill Paying Service Agreement; 2.ACH Agreement; and 3.Wire Transfer Agreement (Governmental); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the following actions: 1.The following individuals, in their official capacities, are authorized to transact the financial and banking business of the Town of Queensbury in accordance with all applicable laws and organization documents, and the specific authorities granted by this Resolution: Daniel G. Stec, Supervisor Tim Brewer, Deputy Supervisor Town Budget Officer Town Accountant 2.Each of the following banks has applied and consented to serve as Depository of Town funds and has executed a Third Party Custodian Agreement satisfactory to the Town Budget Officer/Accountant and Town Counsel and are hereby designated as approved Depositories: TD Banknorth Glens Falls National Bank and Trust Company J.P. Morgan Chase REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 449 3.The Town Supervisor, Town Budget Officer and Accountant, or any one of them, is/are hereby authorized to open a bank account or accounts from time to time with authorized banks and their affiliates for and in the name of the Town of Queensbury with such title or titles as he/she may designate, and to execute depository contracts that comply with Town Policy and operating procedures. 4.The maximum FDIC insured amount which may be kept on deposit at each Bank at any time is $100,000. The amount over and above FDIC insurance of $100,000 which may be kept on deposit at each bank is limited the value of approved collateral, calculated in accordance with Regulations of the New York State Comptroller, pledged to secure Town deposits and deposited with the designated Third Party Custodian. 5.The Town Supervisor and Deputy Town Supervisor and their successors and any other person authorized by statute, regulation or Court Order on behalf of the these authorized persons, is/are hereby authorized to sign, by hand or by facsimile (including, but not limited to, electronically generated) signatures(s), checks, drafts, acceptances and other instruments. Two signatures shall be required on any checks, drafts, acceptances and other instruments. 6.The Town Supervisor, Town Budget Officer and Town Accountant are authorized singly, within the Town’s operational procedures, to initiate Automated Clearing House debits without signature; initiate payment by use of Depository Transfer Checks without a signature; or give instructions, by means other than the signing of an item, with respect to any account transaction, including the payment transfer or withdrawal by wire, computer or other electronic means. 7.The Town Supervisor, Town Budget Officer and Town Accountant are hereby authorized without further action of the Town Board to execute bank forms establishing procedures for call-back verifications and written confirmations in connection with payment orders, thereby designating one or more individuals, whether or not such individuals be designated as “Authorized Persons”, for the purpose of the verification of payment orders and issuance of written confirmations. 8.The Town Clerk and/or Deputy Town Clerk(s) is/are hereby authorized and directed to certify to Authorized Bank Depositories under the seal of the Town of Queensbury the effect of this Resolution, the names of the officials, authorized persons and other representative of the Town of Queensbury and any changes from time to time of these officials, authorized persons and representatives, and specimens of their respective signatures. REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 450 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that: 1.Glens Falls National Bank and Trust Company (Bank) is designated to provide the computer-based financial accommodations indicated in this Resolution. 2.This Resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by the Bank. Any and all prior Resolutions adopted by the Town Board and certified to the Bank as governing the operation of the Town’s accounts are in full force and effect until the Bank receives and acknowledges an express written notice of its revocation, modification or replacement. Any revocation, modification or replacement of a Resolution must be accompanied by documentation, satisfactory to the Bank, establishing the authority for the changes. 3.The signature of an Agent named on this Resolution is conclusive evidence of his authority to act on behalf of the Town. Any Agent, so long as he acts in a representative capacity as Agent of the Town, is authorized to make any and all other contracts agreements, stipulations and orders which he may deem advisable for the effective exercise of the powers indicated above, from time to time with the Bank, subject to any restrictions on this Resolution or otherwise agreed to in writing. 4.All computer banking transactions, if any, by or on behalf of the Town prior to the adoption of this Resolution are hereby ratified, approved and confirmed. 5.The Town agrees to the terms and conditions of the Cash Management Internet Banking Services Agreement – Governmental and the ACH Agreement Governmental Customer Agreement for Electronic Payment Services and the Wire Transfer Agreement (Governmental) and authorizes any Agent named above to execute such Agreements and deliver them to the Bank. The Town authorizes the Bank, at any time, to charge the Town for all checks, drafts or other orders for the payment of money that are drawn on the Bank so long as they contain the required number of signatures for this purpose. REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 451 6.The Town acknowledges and agrees that the Bank may rely on alternative signature and verification codes to or obtained from the Agents named in this Resolution. The term “alternative signature and verification codes” includes, but is not limited to, ID numbers and personal identification numbers (PIN) to be used by the Agents to access Internet banking services. The Bank shall have no responsibility or liability for unauthorized use of alternative signature and verification codes unless otherwise agreed to in writing. and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury’s Accounting Office to adopt a system of internal controls for the documentation and reporting of all transfers or disbursements of funds accomplished by electronic or wire transfer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Accountant to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES :Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING TOWN SUPERVISOR TO FILE ANNUAL FINANCIAL REPORT IN TOWN CLERK’S OFFICE RESOLUTION NO.: 6, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, New York State General Municipal Law §30 requires the Town Supervisor to file the Town’s Annual Financial Report in the Town Clerk’s Office on or REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 452 before April 30, 2009 in lieu of filing a separate financial report with the Town Clerk by th February 28, 2009 as required by New York State Town Law §29, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State General Municipal Law §30, the Queensbury Town Board hereby authorizes and directs the Town Supervisor to file a copy of the Annual Financial Report to the State Comptroller with the Town Clerk’s Office on or before April 30, 2009. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO.: 7, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, New York State Town Law §64, Subdivision 11 requires the Town Board to designate an official newspaper for the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates The Post-Star as the Town of Queensbury’s official newspaper. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT:Mr. Brewer RESOLUTION ESTABLISHING MILEAGE ALLOWANCE RESOLUTION NO.: 8, 2009 REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 453 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, New York State Town Law §116 requires the Town Board to establish a mileage allowance for the use of Town employees’ personal automobiles in the performance of employees’ duties when a Town Fleet Management vehicle is unavailable, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §116, the Queensbury ¢ Town Board hereby establishes the amount of 55 per mile to be allowed for the actual and necessary use of Town employees’ personal automobiles in the performance of employees’ duties. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING MUNICIPAL OFFICIALS TO ATTEND 2009 ANNUAL ASSOCIATION OF TOWNS CONFERENCE RESOLUTION NO.: 9, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to authorize certain municipal officials to attend the annual New York State Association of Towns Conference to be held in New York City in February, 2009, NOW, THEREFORE, BE IT RESOLVED, in accordance with New York State Town Law §116, Subdivision 10 and subject to availability of budgetary appropriations, the Queensbury Town Board hereby authorizes the following Town Officers and employees to attend the annual Association of Towns Conference to be held in New York City in February, 2009: Town Supervisor Town Board Members REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 454 Town Assessor Town Budget Officer and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to cast the vote of the Town of Queensbury at the Association General Meeting and in his absence, authorizes and directs the Deputy Supervisor to cast the Town’s vote, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the Association of Towns Conference shall be deemed proper Town charges, and BE IT FURTHER, RESOLVED, that family members of authorized attendees may travel; however, travel must be at their own expense including costs for travel, meals and any additional hotel charge(s). th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: Mr. Brewer RESOLUTION REAPPOINTING REGISTRAR OF VITAL STATISTICS AND RECORDS ACCESS OFFICER RESOLUTION NO.: 10, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Public Health Law §4121(3)(a), the Queensbury Town Board wishes to reappoint Darleen M. Dougher as Registrar of Vital Statistics and Records Access Officer, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 455 RESOLVED, that the Queensbury Town Board hereby reappoints Darleen M. Dougher as Registrar of Vital Statistics and Records Access Officer to serve at the pleasure of the Board, and BE IT FURTHER RESOLVED, that immediately upon Ms. Dougher’s acceptance of appointment, she shall appoint a Deputy to act in her place and stead in case of absence or inability and the Deputy shall accept this appointment in writing. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION APPOINTING JUSTICE CLERKS AND DEPUTY COURT CLERKS RESOLUTION NO.: 11, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Town Law §20, Subdivision 1(A) and New York State Uniform Justice Court Act §109, the Town Board has the authority to appoint Town Justice Court Clerks and Deputy Court Clerks, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Karen Stockwell and Kerrie Hatin as Town Justice Court Clerks and Margaret Quintal and Diane VonBraun as full-time Deputy Court Clerks, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Justice Court to notify the New York State Administrative Board of the Judicial Conference of these appointments. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 456 ABSENT:Mr. Brewer RESOLUTION REAPPOINTING JOANNE WATKINS AS TOWN PURCHASING AGENT RESOLUTION NO. 12, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the 2009 Town Budget has a regular stipend of $5,356 for the position of Purchasing Agent, and WHEREAS, the Town Board wishes to reappoint Joanne Watkins to the part-time position of Purchasing Agent for the year 2009 in addition to her full-time position as Accountant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Joanne Watkins st as Town of Queensbury Purchasing Agent effective January 1, 2009 and authorizes and directs that Ms. Watkins be paid the $5,356 stipend for such position for 2009 in addition to her annual salary for the Accountant position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT:Mr. Brewer RESOLUTION TO REAPPOINT TOWN HISTORIAN RESOLUTION NO.:13, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 457 WHEREAS, the Queensbury Town Board wishes to reappoint Marilyn VanDyke, Ed.D. as its Town Historian for the year 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Marilyn VanDyke, Ed.D. as Town Historian for the Town of Queensbury for the year 2009. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Brewer RESOLUTION APPOINTING MEMBERS TO TOWN HISTORIAN’S ADVISORY BOARD RESOLUTION NO. 14, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury previously established the Town Historian’s Advisory Board in accordance with the Queensbury Town Code, and WHEREAS, the one-year terms for the Advisory Board members recently expired and the Town Board wishes to appoint members for the year 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following members to the Town of Queensbury Historian’s Advisory Board until their terms expire on st December 31, 2009: John Austin; Douglas Baertschi; Jennifer Baertschi; David Bannon; Maureen Monahan-Chase; John Strough; and June Krause. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 458 NOES : None ABSENT: Mr. Brewer ABSTAIN:Mr. Strough RESOLUTION AUTHORIZING ADVANCE APPROVAL OF CLAIMS RESOLUTION NO.: 15, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier , WHEREASthe Queensbury Town Board sees a need to allow payment of certain bills ahead of the regular Town Board audit in order to ensure the continuance of insurance coverages, avoidance of late charges and timely delivery of certain shipments and mailings, and WHEREAS, the Town Board wishes to authorize payment in advance of audit of claims for public utility services, health, dental, workers’ compensation, disability and unemployment insurance premiums, debt service payments, postage, freight and express charges, and WHEREAS, Town Law Sections 64(23) and 118 allow for such payments, and WHEREAS all such claims shall be presented at the next regular meeting for audit, and WHEREAS the claimant and officer incurring or approving such payments shall be jointly and severally liable for any amount disallowed by the Town Board, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the payment in advance of audit of claims for such premiums for policies that would otherwise lapse before audit, incur late charges, postage, freight and express charges and all such claims shall be presented at the next regular meeting for audit, and the claimant and officer incurring or approving such payments shall be jointly and severally liable for any amount disallowed by the Town Board, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 459 RESOLVED, that this Resolution shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING PAYMENTS TO TOWN OF QUEENSBURY FIRE COMPANIES UNDER CURRENT AGREEMENTS RESOLUTION NO.: 16, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and the West Glens Falls Volunteer Fire Co., Inc., (Fire Companies) in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town’s agreements with the Fire Companies expired on December 31, 2008, and WHEREAS, in such Agreements the Town and Fire Companies have agreed to continue to provide fire protection services under the terms and provisions of the existing agreements during the interim period pending execution of new agreements which is anticipated to occur sometime during the first two months of 2009, and WHEREAS, the Fire Companies may face cash flow shortages before the new agreements can be executed and therefore the Town Board wishes to authorize payments under the current Agreements, which after new agreements are entered into will constitute REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 460 advance payments on the 2009 agreements to the Fire Companies, such advances to be deducted from contract payments to be paid after the 2009 contracts are ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town th Supervisor to approve payment vouchers constituting 1/12 of the 2008 Contract Amount (not including Vehicle Fund) to the five (5) Town of Queensbury Fire Companies under the current Agreements, which payments will constitute advance payments on the new fire protection services 2009 Agreements if such Agreements are entered into, and BE IT FURTHER, RESOLVED, that should new fire protection services 2009 Agreements not be st entered into by January 31, 2009, then the Town Board authorizes the Town Supervisor to th approve additional payment vouchers constituting 1/12 of the 2008 Contract Amount (not including Vehicle Fund);to the five (5) Town of Queensbury Fire Companies during February, 2009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2009 TO AMEND QUEENSBURY TOWN CODE CHAPTER 140 ENTITLED, “SIGNS” RELATING TO CERTAIN RELOCATIONS OF EXISTING SIGNS ALONG COUNTY ROUTE 28/MAIN STREET RESOLUTION NO. 17, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 461 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2009 to amend Queensbury Town Code Chapter 140 entitled, “Signs," concerning certain relocations of existing signs along an approximately one mile portion of County Route 28/Main Street within the Town of Queensbury during the Town’s highway improvement project to avoid placing an undue burden on businesses along the Main Street Corridor that may be required to move their signs to accommodate the improvement of this portion of Main Street, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th January 26, 2009, to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___, 2009, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2009 in the manner provided by law. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING HIRING OF DOMINIC RICCIO TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :18, 2009 INTRODUCED BY Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 462 WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Dominic Riccio to work part-time for the Department as a seasonal Recreation Counselor, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and Dominic Riccio is the son of Landfill employee, Frank Riccio, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Dominic Riccio to work for the Town’s Department of Parks and Recreation as a th part-time, seasonal Recreation Counselor effective January 10, 2009 to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF NATIONAL GRID AND VERIZON COMPANIES FOR DESIGN SERVICES RELATED TO THE MAIN STREET INFRASTRUCTURE AND REDEVELOPMENT PLAN RESOLUTION NO.: 19, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 463 WHEREAS, the Queensbury Town Board has a Project relating to improvements along Main Street and as part of such Project, utilities are required to be placed underground, and WHEREAS, National Grid and Verizon Companies have offered to provide design services relating to the undergrounding of utilities in this area, for an amount not to exceed $9,900 $25,000 for National Grid and for an amount not to exceed for Verizon, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of National Grid and Verizon for the provision of design services concerning the undergrounding of electric, gas and telephone facilities along Main Street for an amount $9,900 not to exceed $25,000 for National Grid and for an amount not to exceed for Verizon, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a total appropriation of $34,900 for these services and directs that payment shall be from the Exit 18 Corridor Enhancement Capital Project, Capital Construction Account No.: 126-5020-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to execute any documentation and take such other and further action necessary to effectuate all terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS RESOLUTION NO.: 20, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 464 SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 265,2008 the Queensbury Town Board authorized submission of an application for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements, and WHEREAS, the grant application was submitted and the Town has been awarded such grant in the amount of $23,258.20, and WHEREAS, the Town Board wishes to accept such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $23,258.20 in grant funds from the New York State Office of Court Administration (OCA) as set forth in the preambles above and authorizes and directs the Town Supervisor to execute any needed grant acceptance form and/or any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $23,258.20 for such grant funds received by the Town, such appropriations and estimated revenues to be recorded in accounts to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that although the grant revenue was realized and remains unspent in Fiscal Year 2008, the expenditure of funds is not expected to occur until Fiscal Year 2009, and therefore the Town Board hereby authorizes and directs the Town Budget Officer to amend the 2009 Town Budget by the same amount from Undesignated Unappropriated Fund Balance to Office Equipment Account No.: 001-1110-2010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 465 authorizes the Town Supervisor and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : Mr. Brewer RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JANUARY 6, 2009 RESOLUTION NO.: 21, 2009 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 December 30, 2008 and a payment date of th January 6, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of December 30, 2008 and payment date of January 6, 2009 totaling $77,195.76, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: Mr. Brewer RESOLUTION APPROVING AVIATION ROAD CORRIDOR STUDY OCTOBER 2008 FINAL REPORT REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 466 RESOLUTION NO.: 22, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, at the request of the Town of Queensbury in 2006, the Adirondack/Glens Falls Transportation Council (A/GFTC), initiated a study of the Aviation Road corridor from I-87 to West Mountain Road, and WHEREAS, A/GFTC and the project consultants held public meetings on July 11,2006, August 22, 2007 and July 31, 2008 to gather public comments on the project to present draft findings, and WHEREAS, the Queensbury Town Board has reviewed the October 2008 Final Report and discussed the recommendations with the A/GFTC Executive Director at a Workshop meeting held on December 22, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Aviation Road Corridor Study October 2008 Final Report prepared by the consultants and presented at this meeting, as the Town Board feels that such Study adequately and positively sets forth recommendations for transportation system improvements to the study area that benefits the public, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Senior Planner to execute any other documents and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT:Mr. Brewer RESOLUTION APPROVING APPOINTMENT OF TOWN SAFETY OFFICER AND SAFETY COMMITTEE MEMBERS REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 467 RESOLUTION NO.: 23, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 54,2008, the Queensbury Town Board adopted amended Town of Queensbury’s Safety Initiative Policy (Policy) and Safety Committee By Laws (By Laws), and WHEREAS, according to such Policy and By Laws, the Town Board wishes to approve the appointment of the Town Safety Officer and Safety Committee Members for the Year 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the appointment of Fire Marshal Michael Palmer as Town Safety Officer, and BE IT FURTHER, RESOLVED, that the Town Board further approves the appointment of the following individuals as Safety Committee Members for the year 2009: ? Chris Harrington ? Mike Lopez ? Mike Palmer ? Chuck Rice ? Pete Smith ? Leesa Stiller ? Mike Travis ? Rick Whitmore ? Charles Dyer and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to distribute copies of this Resolution to all Town Departments. th Duly adopted this 5 day of January, 2009 by the following vote: REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 468 AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Brewer RESOLUTION AUTHORIZING APPOINTMENT OF TOWN PLANNING BOARD CHAIRMAN RESOLUTION NO.: 24, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board has received the Queensbury Planning Board’s recommendation for its year 2009 officers, and WHEREAS, the Queensbury Town Board wishes to appoint the Chairman of the Town’s Planning Board for 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Chris Hunsinger as Chairman of the Town’s Planning Board for 2009. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT:Mr. Brewer RESOLUTION AUTHORIZING APPOINTMENT OF ZONING BOARD OF APPEALS CHAIRMAN RESOLUTION NO.: 25, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board has received the Queensbury Zoning Board of Appeal’s recommendation for its year 2009 officers, and REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 469 WHEREAS, the Queensbury Town Board wishes to appoint the Chairman of the Town’s Zoning Board of Appeals for 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints James Underwood as Chairman of the Town’s Zoning Board of Appeals for 2009. th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION TO AMEND 2008 BUDGET RESOLUTION NO.: 26, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2008 Town Budget as follows: From To CodeAppropriationCodeAppropriation$ 001-1355-1010 Wages 001-1010-4130 Twn Counsel Ret $ 4,800 001-1355-1010 Wages 001-1010-4400 Misc. Contractual $ 4,000 001-1990-4400 Contingency 001-1010-4400 Misc. Contractual $ 3,475 001-1110-4010 Court Supplies 001-1110-1020 Overtime $ 200 001-1420-4130 Counsel Twn Counsel Ret 001-1220-4130 Supervisor Twn Counsel Ret $ 1,100 001-1460-1010 Records Wages 001-1410-1010 Clerk's Office Wages $ 6,000 001-1990-4400 Contingency 001-1420-4133 Art 7 $ 500 001-1910-4200 Insurance 001-1440-4720 Engineering $ 10,000 001-3510-1010 Animal Control Wages 001-3410-1010 Fire Code Enf. Wages $ 1,000 001-7020-1010 Rec Admin Wages 001-7110-1010 Parks Wages $ 2,500 001-8020-4130 Planning Twn Counsel Ret 001-8010-4130 Zoning Twn Counsel Ret $ 1,000 002-1990-1010 Contingency Wages 002-8810-1010 Wages $ 5,000 002-9010-8010 NYS Retirement 002-8810-1020 O/T $ 750 REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 470 002-9010-8010 NYS Retirement 002-8810-4400 Misc Contractual $ 1,250 004-1990-1010 Contingency 004-5142-1001 Snow Meal Tickets $ 2,500 004-1990-1010 Contingency 004-5142-1020 Snow O/T $ 17,600 004-5140-4009 Tree Removal 004-5142-1020 Snow O/T $ 4,500 004-9040-8041 WC Admin Fees 004-5142-1020 Snow O/T $ 2,000 From To CodeAppropriationCodeAppropriation$ 004-9060-8060 Health Insurance 004-5142-1020 Snow O/T $ 5,400 004-9040-8040 Workers' Compensation 004-5142-4641 Melting Agents $ 45,800 009-8160-4447 Burnables 009-8160-1020 Overtime $ 2,500 009-9010-8010 NYS Retirement 009-9030-8030 Soc Sec $ 500 030-8120-4400 Misc Contractual 030-8130-4425 Sewer Treatment Chgs $ 600 032-9010-8010 NYS Retirement 032-8110-4130 Town Counsel Ret $ 3,000 033-8120-4400 Misc Contractual 033-8130-4425 Sewer Treatment Chgs $ 950 033 Unappropriated Fund Bal 033-8130-4425 Sewer Treatment Chgs $ 400 034-8120-2001 Misc. Equipment 034-8130-4425 Sewer Treatment Chgs $ 1,500 034-8120-4400 Misc Contractual 034-8130-4425 Sewer Treatment Chgs $ 1,800 034-8120-4800 Equipment Repair 034-8130-4425 Sewer Treatment Chgs $ 1,500 034-8120-4520 Odor Control 034-8130-4425 Sewer Treatment Chgs $ 420 035-8120-4400 Electricity 035-8130-4425 Sewer Treatment Chgs $ 500 036 Unappropriated Fund Bal 036-8130-4425 Sewer Treatment Chgs $ 45,000 th Duly adopted this 5 day of January, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer 5.0CORRESPONDENCE : Supervisor’s appointment letter I, Daniel G. Stec, do hereby make the following appointments for the year 2009: Executive Assistant to Supervisor Leesa Stiller Deputy Town Supervisor Tim Brewer 6.0TOWN BOARD DISCUSSIONS COUNCILMAN STROUGH ? Updated public regarding events and membership for the Queensbury Senior Citizens. ? Read letter into record from Brian Buckley regarding the Town’s continuing contributions to the success of Adirondack Community College. th ? 2009 marks the 400 Anniversary of Henry Hudson and Samuel D. Champlain there will be a lot of celebrations up and down the Hudson River this year. ? Spoke regarding the Post Star Article concerning sidewalks along Route 9 and Quaker Road a lot of this is a design problem noting the State should change the design aspect. COUNCILMAN MONTESI REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 471 ? The Town Board has been meeting for the last five or six weeks regarding the Comprehensive Master Plan. Once we have the draft it will be sent up to the APA it should be going to public hearing sometime in February. COUNCILMAN METIVIER ? Sent email to his constituents who were concerned about the RR3 zone. During the last meeting they went through the table of allowed uses took some out urge the people who were concerned with this particular zone to get a copy of the draft when it is available go through the zone make sure nothing was missed. If there are any concerns to address it to him or the board during the public hearings. ? Congratulated Allison Martin on her front page story for the sidewalks noted it is the top ten blog on the poststar.com. Assured Dr. Hoffman they will be working with Mike Travis to find a solution to clean the sidewalks up in order to remedy the situation it will cost some money. ? Cautioned people when going out on the ice it is not safe. Asked people to be conscientious of where they park. There were signs that were put up on Sunset Lane on Assembly Point to keep Sunset Lane free for emergency traffic noted this weekend it was lined up with cars they need to figure out some thing else for that area. ? Wished everyone a Happy New Year SUPERVISOR STEC ? Reflected on the past year noting they finished the year strong as a Town Board also reflected on the following: ? Town Board did good job with the budget for 2009 ? Town of Queensbury is one of twenty Town’s in the entire State of over 900 Town’s that did not have a Town tax. ? Town of Queensbury is a very unique area we have the best of everything. We have done a good job environmentally leading the way on environmental issues. ? For the eighth year in a row the Town does not have a Town tax last year we were one of twenty Town’s in the entire State that did not have one. ? Over the last five years the Town’s annual budget increase has been 1.2 percent the Town’s budget is growing at a third of the rate of inflation. ? Thanked EMS Squads passed a resolution adopting contract for West Glens Falls. In the last four years that we have had the EMS Bill for Service we have collected 2.6 million dollars of non property tax revenues. ? We have taken 10 million dollars of Town sales tax revenue over the last six years and we have returned it to the taxpayers expects that they will continue to do this for 2009. ? Thanked Town Staff for the strong close to 2008 it was a productive year thinks they will have a very good 2009. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 27, 2009 INTRODUCED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 01-05-2009 MTG# 1 472 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 5 day of January, 2009, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec Noes: None Absent:Mr. Brewer Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury