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2009-03-09 MTG#10REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 648 TOWN BOARD MEETING MTG. #10 March 9, 2009 RES. 84-94 7:08 P.M. BOH 10-11 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN BOARD MEMBERS ABSENT COUNCILMAN ANTHONY METIVIER PRESS POST STAR TV8 PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC SUPERVISOR STEC- OPENED MEETING 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 84, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED: BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 9th day of March 2009 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF RAYMOND MADDOCKS & BRIAN KING NOTICE SHOWN PUBLICATION DATE: February 27, 2009 SUPERVISOR STEC- This public hearing was set a couple of weeks ago. The property is located at 23 Sign Post Road in Queensbury. They are seeking three setbacks from a property line variance on this septic system variance and that's three foot from one property line instead often feet, one foot from a second property line in lieu often feet and also another one foot from a property line in lieu of the required ten feet. Again, we set this public hearing a couple weeks ago and with that said why don't I turn it over to you. DENNIS MACELROY- Thank you, Dan. SUPERVISOR STEC- You're very welcome, sir. REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 649 MR. MACELROY- I'm Dennis MacElroy with Environmental Design representing the Maddocks and King families, owners of this lakeside property. With me is Bud Maddocks, one of the owners of that property. This is located on Sign Post Road, which is a private road that leads off from Route 9L on the easterly shore of Dunhams Bay. The property's been in the Maddocks and King ownership since 1980. Although, the property itself has been developed since, the owners speculate, the late 20's. So, it's been around a while and the existing system that serves it currently. The owners contacted me about a possibility of a replacement system of some sort. We reviewed the property and determined that there was perhaps a possibility of a location for the absorption field up in the upper corner of the property. The lay of the land is that the property goes moderately steeply down to the lake from where the indication of asphalt pavement, that's Sign Post Road, actually. On the up hill side of Sign Post Road there's a triangular area of the property that has enough room to support an absorption field. So, we've provided a design that has a new septic tank and new duplex pump tank with a force main that takes the effluent up to this absorption field area. In positioning that absorption field we get into the ten foot setback areas. I guess in terms of variances, I think that the ten foot setback variances is one of the simpler ones or the one that has the least impact because it's not a horizontal setback to the lake or to a well or anything. In fact, this absorption field system is now going to be at least a hundred and ninety feet from the lake where as before the system has to be within seventy feet or so of the lake. COUNCILMAN BREWER- Dennis, can I ask you a question? MR. MACELROY- Sure COUNCILMAN BREWER- The setback applies to the ten foot or from the property line? Ron and I were discussing this earlier and we were trying to figure out if you look at the corner of the tanks on the top there could be like a foot away from the line. Is the setback from the property line or from the ten foot line? MR. MACELROY- No, the setback is from the property line. It's a ten foot setback from the property line. COUNCILMAN STROUGH- It looks like it includes this retaining wall. COUNCILMAN BREWER- The retaining wall is the thing that we are at issue with? MR. MACELROY- Technically yes. To most conservative about this, when I first talked to Dave Hatin about this he said you might as well consider the retaining wall as well. COUNCILMAN BREWER- As part of the structure, it's not but, it is but it isn't COUNCILMAN MONTESI- It's a component of the system. MR. MACELROY- Right, only in that it's retaining the material encloses the modules. COUNCILMAN BREWER- So that's what we're talking about is the retaining wall MR. MACELROY- Correct and actually as you look at the plan you see the shaded area, the shaded area, can you see that where the field is? COUNCILMAN BREWER- Barely MR. MACELROY- That represents the area that's needed for the bed. So that also occupies part of that. COUNCILMAN BREWER- Alright, I understand that COUNCILMAN MONTESI- And those three blocks are boxes, distribution boxes? REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 650 MR. MACELROY- What they are is what's referred to in the business as enhanced treatment units. They are a secondary step of treatment that now provides a more highly treated effluent before you put that into the ground. Now a normal conventional septic system would consist of a septic tank and then leach fields, typically stone trench with pipe. That effluent then makes it way into the soils. This provides a higher level of treatment, a secondary treatment that is more enhanced in terms of the treatment. To the owners credit they want to do the best job they can as far as COUNCILMAN MONTESI- Will those be pumpable? Will what ever solids MR. MACELROY- Well, the solids will be back in the septic tank just like any other system. The modules, within those modules, is a bio-peet fiber and its bio-filtration, it provides and environment where the biology of the treatment takes place. In those modules is two feet depth of this peet fiber which provides this enhances treatment. That really doesn't have anything to do with the variance that we need but again it's to the owners credit that they are going to that extra step to provide the best treatment that's available in the market place. COUNCILMAN BREWER- So basically, we are talking about the retaining walls MR. MACELROY- Correct COUNCILMAN MONTESI- Dennis, whenever you're talking about a foot or three foot with regards to Lake George there is always some sensitivity and I drove up there the other day just to see it but MR. MACELROY- You can't get to it COUNCILMAN MONTESI- You can't get there from here MR. MACELROY- Unfortunately, Tony isn't here but I did pass along some information to him because I've learned from experience to have some contact with the Board Members prior to this and because it was Ward 1 I thought it was appropriate. I emailed him some information and sent him some information, which John; I think that you've seen in the past anyway. COUNCILMAN MONTESI- And I've talked to Tony MR. MACELROY- But I mentioned that you really can't get to the property right now because it's a private road and it's not maintained in the winter. I apologize for that. COUNCILMAN MONTESI- Has the old system failed BUD KING- Yes MR. MACELROY- That tank that's there has deteriorated to the point that its not as functional that it should be and it's problematic for the use of the property. The owners realize that they need to construct this replacement system. COUNCILMAN BREWER- I have one more question, if you look down by the home, if we are talking about the retaining wall, if you look at this property line, if you are looking at the map on the right, where that retaining wall, it looks like retaining wall is past MR. MACELROY- That the existing COUNCILMAN BREWER- But, it's beyond your property. But that's between you and your neighbor I guess. I don't think we don't think we ought to be concerned MR. MACELROY Right, the retaining wall that's on the northerly boundary line. Perhaps that's over, that may be the case. That's an existing condition that's been there for REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 651 COUNCILMAN BREWER- Yeah, no I don't have any issue with it at all. If we are talking about a foot and we are worried about a retaining wall that's going to cause no issue, I'm not really worried about a retaining wall I guess is what my point is. SUPERVISOR STEC- Alright, why don't I open the public hearing and we'll take any public comment unless Board members have questions before COUNCILMAN STROUGH- Yes, I just have a couple. Dennis we've got a new application for septic disposal system permit form and on that form you have some options. It says year built 1980 or older, 1981 to 1991 or 1992 to the present and the reason why I bring this up is because you are to chose an option, one of those three options. One of those three options makes a difference because if the structure was built before 1980 I'm assuming you are suppose to use a hundred and fifty gallon per bedroom MR. MACELROY- What that relates to is the futures that are in the house. Typically if those futures are the ones that were there in 1980 or before then they would be a higher water using device. COUNCILMAN STROUGH- But it doesn't say that, but I'll buy what your answer is. MR. MACELROY- Yes, I mean that's the basis of that is for flow rate. COUNCILMAN STROUGH- It seems reasonable because the structure doesn't have anything. The futures in the structures make all the difference in the world. So, your answer is reasonable. MR. MACELROY- And I think how I addressed that somewhere, perhaps in the basis of design is that if those futures had been replaced over the years, so that we are dealing with modern futures, post 1992, which is when the codes required water saving device, 1.6 flush toilets and shower heads and faucets, that's really what it comes down to. So that that 110 gallons per bedroom is then the applicable standard. That's what we've done because that in fact is the case or if there isn't a fixture that's been changed it will be. COUNCILMAN STROUGH- Okay, that sounds reasonable. The other question that I had was this also has an effluent filter. MR. MACELROY- Correct COUNCILMAN STROUGH- I like the systems design by the way and the distance from the lake. If anything is going to work there I think this will. What's the maintenance program on that effluent filter? MR. MACELROY- The effluent filter is located within the septic tank and every situation is different. But on an annual basis and owner would pull the cover and pull that effluent filter and hose it down. Some peoples use might require more regularity of that, every six months. With this being a seasonal property it's probably something that the owners would do, check it in the beginning of the season and then perhaps part way through the season just to see what kind of build-up or filtration is taking place on that. It's recommended that it be done typically prior to construction or upon turning over the system I provide the owners with a package of do's and don'ts about septic systems and a maintenance plan. COUNCILMAN STROUGH- Especially this system. This system, and I think you'll agree, can last as long as your traditional filtration system but you have to be a little bit more cautious with these systems, no garbage grinders and nothing that would over extend its ability to deal with it, such as draining a hot tub and things like that. You have to be a little bit careful with this system but if you are I think it will treat you well in return. Dennis, I'm glad to see that you got that list and I know you are aware of the dos and don'ts so thank you. COUNCILMAN MONTESI- Bud, you're going to allow Brian to be checking it for you REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 652 MR. MADDOCKS- Yes, that will be his job, my partner's job. The co-owner I should say. SUPERVISOR STEC- I'll open the public hearing. If there is any member of the public that would like to comment on this variance application just raise your hand. Chris CHRIS NAVITSKY, LAKE GEORGE WATER KEEPER- We have reviewed the application and had some questions for the Design Engineer. I have spoken with him and we would like to say we support this replacement system. We find that it's an advanced treatment and we think it sets a good standard for properties around the lake. It really getting a high level of treatment and they're also maximizing the separation from the lake. We think that that's good and should be something that applicants in the future should take a look at, if they are in this same situation. Thank you. SUPERVISOR STEC- Thank you. Is there anyone else that would like to address this public hearing on this variance? Alright, seeing none I will close the public hearing. RESOLUTION APPROVING RAYMOND MADDOCKS & BRIAN KING'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 10, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Raymond Maddocks and Brian King filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new, replacement septic system: 1. 3' from a property line instead of the required 10' setback; 2. 1' from a property line instead of the required 10' setback; and 3. 1' from a property line instead of the required 10' setback; on property located at 23 Sign Post Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on Monday, March 9th, 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 REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 653 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Raymond Maddocks and Brian King's application for variances from the Sewage Disposal Ordinance to install a new, replacement septic system: 1. 3' from a property line instead of the required 10' setback; 2. 1' from a property line instead of the required 10' setback; and 3. 1' from a property line instead of the required 10' setback; on property located at 23 Sign Post Road in the Town of Queensbury and bearing Tax Map No.: 239.16-1-14. Duly adopted this 9th day of March, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 11, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury Board of Health hereby adjourns and moves back into Regular Town Board Session. Duly adopted this 9th day of March, 2009 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 654 NOES: None ABSENT: Mr. Metivier 2.0 PUBLIC HEARINGS PUBLIC HEARING- FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC., FOR 2009 NOTICE SHOWN PUBLICATION DATE: February 27, 2009 SUPERVISOR STEC- This is the fifth of the five fire companies to come before the Town Board for a public hearing. We've concluded three out of four public hearings. Two of the three that are concluded the contract has been authorized and signed and the other two, one public hearing open and one public hearing closed. The Town Board will be having a workshop next Wednesday with those two companies to work on contract language as it pertains to their association. For Queensbury Central, to our knowledge, and they will correct me because they are here tonight, if Imiss-speak, there is not an association issue to discuss. They have not created one so they are in the same situation as the two others that we've already approved. Queensbury Central is the largest company in the Town with the largest company in the Town with the largest population that they cover and the largest call volume and correspondingly the largest budget. Their proposed 2009 budget is for a one year contract will be $679,658, which represents exactly a three percent increase over their 2008 budget. So it's a three percent increase on their total budget from 2008 to 2009. Again a one year contract totaling &679,658. With that said is there anyone that would like to comment on this public hearing for Queensbury Centrals 2009 contract with the Town. Anybody at all? COUNCILMAN MONTESI- I just have one question. Last year was there something that we were going to do at Queensbury Central, a study design SUPERVISOR STEC- We gave them some funding for architectural work to look at the potential of an expansion of their Station 1 and they haven't come to us. Chief if you want an answer anymore questions. I know that they haven't asked to proceed with that but I don't know COUNCILMAN MONTESI- I know it doesn't have anything to do with this budget. I'm just curious where we are. JOE DUPREY, CHIEF- Mr. Brewer asked me the question earlier. What it allowed us to do Ron was to use some money out of our restrictive vehicle fund. To date I think we've used about fifteen hundred dollars. We aren't as along with the project as we'd hoped to be at this particular time. Therefore, we ask for no additional moneys. COUNCILMAN BREWER- That is in addition right COUNCILMAN MONTESI- Potentially an addition to the building CHIEF DUPREY- Correct SUPERVISOR STEC- Do you have any questions for us since we've got you to come up to the mic. CHIEF DUPREY- Not at all SUPERVISOR STEC- Again, the public hearing is open if anyone has got any comments. Alright, I will close this public hearing and entertain a motion. REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 655 COUNCILMAN STROUGH- I just want to thank the members of Queensbury Central for all their volunteerism and everything they do for us. CHIEF DUPREY- You're welcome, thank you RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY, INC. FOR 2009 RESOLUTION NO.: 85, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and WHEREAS, the Town and the Queensbury Central Volunteer Fire Co., Inc., have negotiated terms for a new one (1) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law § 184 and General Municipal Law §209(b), the Town Board conducted a public hearing on Monday, March 9th, 2009 and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Queensbury Central Volunteer Fire Co., Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and further authorizes and directs the Town Supervisor and/or REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 656 Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier 3.0 PRIVILEGE OF THE FLOOR (LIMIT 4- MINUTES) BETTY MONAHAN- • Spoke to the Board concerning the fire companies that are forming associations. If they are looking to protect their assets they could do it more reasonably by increasing their insurance liability. If some of these fire companies start turning assets like buildings and equipment over to these associations where is the Town as far as being sure that when they sign a contract that material is going to be there to back up the contract? Suggested that wording be put in the contract that if any building or piece of equipment paid for wholly or in part by contract money from the Town of Queensbury may not be transferred out of the fire company's assets to any other agency or association otherwise it will null and void the contract. 4.0 RESOLUTIONS RESOLUTION APPOINTING KEITH OBORNE AS LAND USE PLANNER ON A PERMANENT BASIS RESOLUTION NO.: 86, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 217,2008, the Queensbury Town Board appointed Keith Oborne as Land Use Planner on a provisional basis until such time as Mr. Oborne successfully completed the Civil Service exam for the position and a six month probation period, and WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Mr. Oborne successfully passed the Warren County Civil Service exam for the position, and WHEREAS, Mr. Oborne also successfully completed his six month probation period and therefore the Town Board may appoint Mr. Oborne on a permanent basis, REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 657 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Keith Oborne to the position of Land Use Planner on a permanent basis effective March 10th, 2009 subject to a five (5) month probationary period commencing as of February 13th, 2009, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2009 by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier RESOLUTION ENACTING AMENDMENT TO ORDINANCE 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO.: 87, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 -Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York, and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board has considered whether to amend Ordinance No. 28 by adding afour-way stop intersection at the intersection of Revere, Triphammer and Honey Hollow Roads, and REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 658 WHEREAS, the Town Board duly conducted a public hearing concerning the proposed Amendment to Ordinance No. 28 on Monday, November 17th, 2008 and the Town Board now wishes to enact the Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts the proposed Amendment to Ordinance No. 28 presented at this meeting by adding afour-way stop intersection at the intersection of Revere, Triphammer and Honey Hollow Roads, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to enter the Amendment to Ordinance No. 28 in the minutes of this Town Board meeting, publish the Amendment to Ordinance No. 28 (or a summary or abstract) once in the Glens Falls Post Star, file an affidavit of the publication in the Town Clerk's Office, and the Amendment to Ordinance No. 28 shall take effect ten (10) days after publication. Duly adopted this 9th day of March, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 23~ ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO.: 88, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 23rd Annual Shamrock Shuffle Road Race as follows: SPONSOR The Adirondack Runners Club REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 659 EVENT 23rd Annual Shamrock Shuffle Road Race DATE Sunday, March 29th' 2009 PLACE Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club to conduct the 23rd Annual Shamrock Shuffle Road Race partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 9th day of March, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AGREEMENT WITH ADIRONDACK ASSOCIATION OF TOWNS AND VILLAGES REGARDING SEWER AND WATER INFRASTUCTURE INVENTORY AND REPORT RESOLUTION NO.: 89, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Adirondack Association of Towns and Villages (AATV), in partnership with the Adirondack North Country Association (ANCA) and the Towns of REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 660 Arietta and Chester (Partners), applied for a Quality Communities Grant to conduct an inventory of sewer and water infrastructure of Adirondack communities (including the Town of Queensbury), conduct a survey and prepare a report regarding municipal needs and land uses in Adirondacks towns, villages and counties, including a study of how those uses and needs are impacted by current state land ownership and how they would be impacted by future state land acquisitions, and WHEREAS, New York State has funded the Partners' Quality Communities Grant Application in the amount of $92,800, and WHEREAS, the Partners propose to conduct the sewer and water infrastructure inventory to assess the regional capacity for economic development in Adirondack Park hamlets, towns and villages and the survey to assess the needs of towns and villages, and WHEREAS, this will be the first time a regional effort has been undertaken to determine the needs of Adirondack communities, the impediments they experience in planning for their future and how the Adirondack region's mix of public and private lands impacts infrastructure needs and projects, and WHEREAS, such inventory and survey is expected to produce a report which documents the Adirondack communities' infrastructure, opportunities they have to improve their communities and their infrastructure and the obstacles they face in achieving their communities' goals, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and Adirondack Association of Towns and Villages concerning the AATV's sewer and water infrastructure inventory as described in the preambles of this Resolution and substantially in the form presented at this meeting, and authorizes the Town's share of $400 toward the cost of funding such inventory, survey and report, such amount to be paid for from an account determined appropriate by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and forward it, along with a certified copy of this Resolution, to the AATV and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 661 Duly adopted this 9th day of March, 2009, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier RESOLUTION SCHEDULING PUBLIC HEARING CONCERNING AEON NEXUS CORPORATION'S REQUEST TO SHIFT OPERATIONS FROM TOWN OF QUEENSBURY TO CITY OF GLENS FALLS LOCATED IN THE WARREN COUNTY EMPIRE ZONE RESOLUTION NO.: 90, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Aeon News Corporation (Aeon) is a company located on 14 Fort Amherst Road in the Town of Queensbury, and such company is an IT products and services company with their primary focus on spend management, and WHEREAS, Aeon has recently purchased a building in downtown Glens Falls to accommodate their current business plan to permanently locate their business in Warren County, and WHEREAS, Aeon expects to hire approximately six (6) employees to their current three (3) employees in the current year, and WHEREAS, relocation of its office will allow growth and increase visibility, and WHEREAS, Aeon News has decided to relocate from its 14 Fort Amherst Road, Queensbury site to the City of Glens Falls located in the Warren County Empire Zone, this relocation meeting many of the goals and objectives of Zone Development Plan of Warren County, and WHEREAS, in accordance with New York State General Municipal Law §959 (a)(iii), Aeon News must secure the approval of the Town of Queensbury in order to relocate to the City of Glens Falls located in the Warren County Empire Zone, and REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 662 WHEREAS, the Town Board wishes to schedule such required public hearing, 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, March 23rd, 2009 to hear all interested persons concerning the proposal by Aeon News Corporation to relocate from 14 Fort Amherst Road in the Town of Queensbury to the City of Glens Falls, located in the Warren County Empire Zone, 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 at least ten (10) days before the Hearing as required by law. Duly adopted this 9th day of March, 2009 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION TO AFFORDABLE HOUSING CORPORATION (AHC) FOR HOUSING REHABILITATION GRANT FUNDS RESOLUTION NO.: 91, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the New York State Affordable Housing Corporation (AHC) administers a program which provides grant assistance to communities to undertake housing rehabilitation activities, and WHEREAS, in the current published Notice of Funds Available, AHC has established a submission date of April 6th, 2009 for accepting applications under the Program, and REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 663 WHEREAS, the Town of Queensbury has reviewed its housing needs and has developed a program to meet those needs, and WHEREAS, the proper local procedure for submission of an application includes a resolution by the governing body of the applicant which authorizes the submission of the application and related actions, and WHEREAS, the Town has received a proposal to write such grant application from Shelter Planning & Development, Inc., dated March 9th, 2009 for a fee not to exceed $6,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Shelter Planning & Development, Inc., in accordance with Shelter Planning's March 9th, 2009 letter proposal presented at this meeting, to prepare and submit the application to the Affordable Housing Corporation (AHC) as described in the preamables of this Resolution and to act in connection with the submission of the application, including execution of all required certifications and forms and to provide such additional information as may be required, and BE IT FURTHER, RESOLVED, that funds for such services in an amount to exceed $6,000 shall come from Account No.: 001-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation and the Town Supervisor, Town Budget Officer and/or Senior Planner to sign any documentation and take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2009 by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 664 RESOLUTION TO AMEND 2008 AND 2009 BUDGETS RESOLUTION NO.: 92, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT 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 Code Appropriation Code Appropriation 001-9010-8010 NYS Retirement 001-8989-4414 Community Svc Contr 001-1990-4400 Contingency 001-5182-4305 Street Lighting $ 6,630 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2009 Town Budget as follows: From Code 2009 001-1990-4400 Increase Revenue 004-0000-52680 Increase Appropriation Appropriation Contingency Insurance Recoveries $ 100 To Code Appropriation $ 001-1010-4400 TB Misc. Contractual $ 2,000 $ 8,131 004-5130-4110 Hwy Vehicle Repair $ 8,131 Duly adopted this 23rd day of February, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF MARCH 10~, 2009 RESOLUTION NO.: 93, 2009 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 665 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills presented as the Warrant with a run date of March 5th, 2009 and a payment date of March 10th, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 5th, 2009 and payment date of March 10th, 2009 totaling $560,320.97, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2009, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier 5.0 CORRESPONDENCE • Supervisor's Report for Community DevelopmentBuilding and Codes for the month of January on file in the Town Clerk's Office. • 2008 annual report for Community Development on file in the Town Clerk's Office. 6.0 TOWN BOARD DISCUSSION COUNCILMAN BREWER- Spoke regarding the Michael's Drive project and states that it is pretty well done. The restoration will take place around the end of April. The residents are happy with the work that has been done. SUPERVISOR STEC- Spoke regarding Mountain Hollow. About a month ago the Planning Board approved a modification of the site plan. The Hayes Group is taking care of the pond problem. A visit was made after the last big rain and everything looked good. A recording device is going to be installed to monitor things. REGULAR TOWN BOARD MEETING 03-09-2009 MTG #10 666 COUNCILMAN MONTESI- Spoke regarding the engineering work for the residents on Homer Avenue who were getting a back up of water. The project has been delayed because they were unable to receive an easement from one of the property owners. They will be meeting with Town Counsel and the owner to see if this can be resolved and if so, construction is likely to start in the spring. SUPERVISOR STEC- • Acknowledged TV8 • Town website www.queensbury.net RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO.: 94, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 9th day of March, 2009 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier Respectfully Submitted, Miss Darleen M Dougher Town Clerk Town of Queensbury