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2009-06-15 MTG. #25 TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 60 SPECIAL TOWN BOARD MEETING MTG. #25 JUNE 15, 2009 RES. 207-229 7:00 p.m. BOH 14-15 Formatted: Height: 14" TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONTESI 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 207, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. th Duly adopted this 15 day of June, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.1 PUBLIC HEARING – Sewage Disposal Variance Application of Larry Clute Concerning San Souci Restaurant Property NOTICE SHOWN PUBLICATION DATE: June 5, 2009 Supervisor Stec-We set this public hearing a couple of weeks ago the property of the San Souci Restaurant is located at 333 Cleverdale Road in Queensbury. It has been an established restaurant as a non-conforming use until very recently up in North Deleted: Queensbury for many, many years. The Town Board when we adopted the new zoning code did make this an allowed use that is permitted through special use permit. Which I understand that they are heading in that direction toward seeking that special use permit for some other things that they are doing to the restaurant or they would like to do to the restaurant, but before they can do that they has asked to seek a sewage disposal variance in that they would like the Town Board to consider granting a variance to allow them to go with a holding tank for their property as it moves forward as opposed to it’s current system. So, with that said why don’t I turn this over to Larry and his engineer Tom Center if you guys want to go ahead and present it I will declare the public hearing and we will let you guys make a presentation first and then we will take some comment. Mr. Tom Center-Nace Engineering with Mr. Clute. We are here today to propose a holding tank system to replace the existing on site wastewater system. The new holding tank system would be a six thousand gallon capacity system with the interlocking TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 61 celluloid valve on the water line when it reaches capacity it shuts off water supply until the system is pumped down. It is sized for a hundred the entire seating capacity which is a hundred and five seats the actual dinning room arrangement is only fifty seats. The plan that we hope to go thorough with the special use permit is to bump out the rear of the building for an expansion to the walk in refrigerator and renovate the kitchen and bathroom areas to bring them closer into code compliance. The area that we are looking to do the system is the front parking lot the tanks will be traffic rated and have covers on all of them. Are there any questions? Councilman Brewer-I have just one question, Tom, what is the expected time frame for pumping, is it going to be weekly, monthly? Engineer Center-I think it will probably be, it is a seasonal type of use I probably, from our calculations and talking with Larry, it probably be once a week, you know probably scheduled you know, before the weekend so that the capacity is there to get them through and then it would be one of those things where they would have to work on it and monitor the flow. Councilman Brewer-I understand that you will have to figure it out. Engineer Center-Some weekends probably during the holidays it might be twice a week, you know when you have the fourth of July and Labor Day. But, other than that you know figuring on his seating capacity is fifty seats it is sized for a hundred and five at fifteen gallons per day per seat, it is six thousand gallons we almost sized it for almost double what the DEC, DOH ratings are for a restaurant system so I think its Councilman Brewer-It is just a curiosity that is all. Engineer Center-I think you know our best estimate is once a week. Councilman Montesi-The new restrooms will be handicapped accessible. Mr. Larry Clute-Yes, Sir. Engineer Center-Yes, Sir. Councilman Montesi-Watersaving flushes too? Mr. Clute-Absolutely, yes. Supervisor Stec-I know it is standard, you mentioned it before that there will be an alarm and a shut off interlocked with the level when the level gets so high both an alarm and a lockout on the water.. Engineer Center-There is an alarm when it is close to three quarters full that tells him hey we have got to get this thing pumped out and then the second alarm is when it is at capacity it shuts off water supply to the building that is all town code. Supervisor Stec-I do not believe it is a condition of ours, it is a town code requirement? Engineer Center-It is the same thing with a pump up system and a normal septic system, any pump station. Councilman Strough-This is more unusual than your usual one but your alarm you have a visual alarm that goes of that, the first tank fills, the second tank fills and the third tank when it is half way you got the visual and then it is when ninety five percent of the way you have an audio. Engineer Center-Correct. Councilman Brewer-State of the art. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 62 Councilman Strough-Now, I have noticed that you got ground water at five feet five inches and one inch equals thirty feet and I am not sure the plan, that scale applies to the details as well? But, how deep do the holding tanks go? Engineer Center-The holding tanks have been sized to resist floatation based on the depth the cover of soil over the top and plus their weight as empty or you know they still have a slight amount of liquid, they never get pumped down completely to the bottom. With the weight of the tank and the minimal amount of liquid in the bottom they are sized to resist floating that was checked at the height of say ground water was at the top of the tank. Councilman Strough-Ok. That is good, sometimes if you put notes to that effect on there because that is something that we have to look at when we look at holding tanks, but thank you. Now this is located above the hundred year flood plain? Engineer Center-I believe so. I do not have the exact elevation. Councilman Strough-The criteria list is about holding tanks and one of them is supposed to be above the hundred foot year flood plain. I believe yours is. Now, the top of it seeing it is in the parking area it has got to be designed to withstand H20 highway load. Deleted: is Engineer Center-The tanks are sized for traffic rating and the heavy duty manhole frame and cover are spec out. Councilman Strough-I also noticed when I was up there, I just got back from up there, why are you locating where it is, I mean, the reason why I ask is I see a small parking area and probably you need that parking area to meet your minimum parking requirements. But, it even appears that some of your parking area goes in to your neighbors property and I am sure you must have some, what is the relationship you have with your neighbor to the north? Mr. Clute-The Chalet? Councilman Strough-Yea, with the new garage, with a garage there that is not on the plans? Mr. Clute-Oh, there is a shed, the Chalet is actually mine, I am the neighbor. Councilman Strough-The reason why I asked is Councilman Brewer-That is a good relationship. Councilman Strough-that is the best relationship, because I noticed the stone work goes from your patio right into one of the steps going to the San Souci so I said to myself they must have an unusual relationship. Not only that but there is a stairway going from, well now that I know it is your place, from the back of your place up to the parking lot so I said they are pretty cozy here. But, to get back to my question, over on the south side you have that step with the ten by ten treated timbers and you got your air conditioning unit there now why can’t that space be used? I mean just so I am considering all the alternatives. Mr. Clute-We just recently put the LP tank there was an above ground LP tank in that center terraced area that you are describing right in the center terrace is a thousand gallon LP tank. So, essentially that whole space it is a pretty healthy LP tank. Councilman Strough-I see the LP tank and I am assuming it got buried. Mr. Clute-Yes. Councilman Strough-Ok. That would take up that space. Engineer Center-Plus you would probably be seeking additional variances, you know, we have our building set backs side line set backs, this spot was chosen so that we have TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 63 enough room for our set backs from our property lines, the building and for the possibility of if we find that we need to install another tank at some future date that, that possibility is there for additional holding tank. If it is, if he is finding that he is pumping out too frequently then you know they could add an additional holding tank to the system and not disturb the neighbors as much. Councilman Strough-Ok. Is this, do these tanks have to be vented? Engineer Center-They are vented back through the house system. Councilman Strough-Ok, and up through. Very good. Do you have any plans for expansion and will this meet the needs for that, because I see on the map the proposed addition and I know that you have been before us before for a handicapped bathroom as Tim had brought up. So, you are going to be expanding that and this will accommodate all that? Supervisor Stec-The proposed addition is on the drawing. Mr. Clute-The capacity of the restaurant is not going to change really what it is doing is increasing the kitchen size to actually be able to accommodate the cliental a little bit better. So, the actual usage is not going to change, the expansion is really for kitchen purposes only. And this system here as Tom said if it turns out that it is we are too frequent in cleaning the system out he has got enough room where I can add a couple more tanks if necessary in series to try and slow down that volume or cycle. Councilman Strough-All right, so to get back to the bottom line the reason why you were going to holding tanks is because with the building and the parking area and propane you just don’t have any room for a filtration system. Mr. Clute-There really isn’t. Councilman Strough- Now, I like holding tanks because I know were it is and I know where it is not going. But, you know we are approving these holding tanks and I am just wondering you know someday we are going to get a more comprehensive review of this and I know for at least Rockhurst and a lot of talk about Cleverdale because of similar situations that we were, we are feeling out the idea and we have not made much progress on that lately, but we probably get a, I should give Dave Decker a call. Feeling out the Deleted: idea of creating a septic district. Now if that is the case these people with holding tanks will get like a gross rate probably, because this is probably going to be expensive. Like Tim says you add it to the beer prices. Mr. Clute-Absolutely. Councilman Strough-Well, thank you. Supervisor Stec-Any other questions from the Board? Councilman Metivier-Do you have any plans to go year around or is this going to be strictly seasonal? Mr. Clute-No, the restaurant does stay year round, we limit our days open typically we are shut down a couple of days like a Monday, Tuesday during the winter months. We actually may shut down an additional day this winter, it has been kind of a feel out process, we have been at this for three years now. But, I am there to accommodate the neighborhood so I am definitely open year round. Councilman Montesi-Great Super Bowl Party. Councilman Metivier-And no issues in the winter time with these holding tanks? As far as pumping them out, freezing, caps … TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 64 Engineer Center-No it is similar to a septic tank they you know with their volume they keep their heat. They have got covers on top of them. Councilman Brewer-You don’t know where they are. Engineer Center-Plugs you know where they are it stays in its box. Councilman Montesi-There is a letter from Helene Horn I have no objection to the Deleted: objextion installation of the holding tank system at the Sans Souci Restaurant. I live across the street on the east of the restaurant. Councilman Metivier-I just think anything has to be an improvement over what you have today, so, based on just the area involved. Supervisor Stec-The public hearing is open, if there are any members of the public that would like to comment on this public hearing regarding the septic variance for San Souci Restaurant just raise you hand. Chris Navitsky Mr. Chris Navitsky-Lake George Waterkeeper Good evening A couple of comments, or questions really. First off, is there a requirement if the tank is being pumped in the Town of Queensbury where does that have to be discharged, or can that cross municipal lines? Concern being is that transported to Lake George Treatment Plant which is nearing capacity concerns. Secondly, with the restaurant is there a need for a grease trap? I imagine these are float systems for the alarms and grease can have quite an impact and it does get in and clog the floats would that be a problem? So, I do not know if there needs to be a separate grease trap for the kitchen line? I think that was our question and clarify Deleted: ould it, seems on the drawings that there is an alarm in each tank but presentation made it sound like there is only going to be an alarm in the second and third so if that could just be clarified. Councilman Montesi-Just a question for you, if Lake George is nearing capacity do they still, do you know if they still take a lot of septage in from haulers? Mr. Navitsky-They do take a lot of septage in I mean I don’t have the exact numbers but I am thinking thirty to fifty thousand gallons a day. Councilman Montesi-A day. Councilman Brewer-Why would it be restricted though, I mean, it is a business proposition for who ever does it I would presume that if whomever goes up there and pumps these tanks out they shouldn’t be restricted to go to Lake George only. I mean I am certain that there are many vendors that do that type of work that go to Fort Edward or may go to Glens Falls or as long as they Councilman Montesi-I think the point that you are making Chris is that you would hope that they wouldn’t all go to Lake George because it has limited capacity in deference to going to Glens Falls Sewer Treatment Plant. Mr. Navitsky-I am not sure if there is a requirement in sewer use laurel? Supervisor Stec-No Councilman Brewer-No, there is not. Mr. Navitsky-That restricts it from crossing municipal boundaries, that is my only question. Supervisor Stec-Not here. Councilman Brewer-Not that I am aware of. Councilman Montesi-The Great Lakes may have a concern. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 65 Councilman Metivier-That was what I was thinking. Mr. Navitsky-But not local municipalities. Supervisor Stec-We are going to get answers to all three of those questions. Mr. Navitsky-Thank you. Supervisor Stec-Is there anyone else that would like to comment on this public hearing? Tom do you want to take a swing at answering those three questions, in case somebody thinks of another question that they have? I had the clarification of how many alarms would you have one for each tank and then where you think you are going to be taking the effluent when it goes, and then the grease trap question. Engineer Center-The alarm is on the final tank as it comes in, it comes in the front tank fills up the next tank and it goes thorough. If you put an alarm in each tank you get nuisance alarms for the first two and then people are less likely to check it to get it pumped out. That is why Supervisor Stec-One alarm on the third tank. Engineer Center-Well, two alarms on the third. The first is to say hey pump it out the second alarm is to shut everything off and it needs to be pumped out. Councilman Strough-I think part of the confusion is on the diagram it shows alarms on all the tanks, but Engineer Center-That alarm you know picks up at the same level because when it reaches the third tank it shuts everything off. Councilman Strough-The alarms are on the third tank, there is no need the first tank will flow into the second tank and is going to flow into the third tank. Engineer Center-It is the same level. As far as where does the sewage go to, between IBS, it depends on who gets the job I think most of them go to Glens Falls, and I think most of them working with Sanitary Sewer Service, IBS, Queensbury Septic most of them go to Glens Falls and discharge in there. They have some requirements about the grease the quality of the effluent things like that, where it is coming from they monitor that they work with that. As far as grease trap talking with the restaurant manager they recycle their grease within the restaurant it does not go into the septic system. Councilman Strough-But if Larry sells it to somebody else they may not. Wouldn’t it be a good idea to put in a grease trap inbetween? Engineer Center-The existing septic tank had not had any issues currently. Councilman Strough-No, but I mean what is New York State Law on that matter regarding restaurants? I mean that maybe something that you investigate it maybe it ought to be on there. Engineer Center-We still need to go through the Department of Health ..they may require it, I am not sure I have not done a holding tank system through DOH. I know when you have a septic system where it is going out into the field they have required a grease trap. But I do not know on a holding tank system it is all going to the same place anyway. The grease trap gets pumped out by the same septic trucks that pump out the sewage tanks. Councilman Strough-But you have got to go through the DOH on this? Engineer Center-Yea, DOH anything with food service needs to go through the Department of Health due to the size and capacity. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 66 Supervisor Stec-Is there any other public comment on this public hearing. I see none, I will close the public hearing. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR LARRY CLUTE CONCERNING SAN SOUCI RESTAURANT PROPERTY RESOLUTION NO.: 14, 2009 BOH INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Larry Clute 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 system as a replacement wastewater system on the San Souci Restaurant property located at 333 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing th concerning the variance request on Monday, June 15, 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 alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 67 RESOLVED, that the Local Board of Health hereby approves the application of Larry Clute for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank system as a replacement wastewater system on property situated at 333 Cleverdale Road in the Town of Queensbury bearing Tax Map No.: 226.12-1-43. th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 1.2 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF SEAN AND DEBORAH QUILLINAN RESOLUTION NO.: 15, 2009 BOH INTRODUCED BY: Mr. Tim Brewer 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, Sean and Deborah Quillinan have applied to the Local Board of Health for variances from Chapter 136 to allow a leach field to be located: 1. 74.7’ from their well in lieu of the required 100’ setback; and 2. 0’ from the eastern property line in lieu of the required 10’ setback; on property located at 4 Sullivan 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, July 6, 2009 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Sean and Deborah Quillinan’s sewage disposal variance TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 68 application concerning property located at 4 Sullivan Road in the Town of Queensbury (Tax Map No.: 289.09-1-30) 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 15 day of June, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. 16.2009 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town of Queensbury Board of Health hereby adjourns its meeting. Duly adopted this 15, day of June, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None TOWN BOARD MEETING RESUMES 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING – AUTHORIZING/NOT AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR WILLIAM WHIPPLE NOTICE SHOWN PUBLICATION DATE: JUNE 5, 2009 Supervisor Stec-This property is located at 11 Katherine Street and the proposal is to replace an existing mobile home with a new 2009 Mobile Home again at 11 Katherine Street. Is there anyone that wants to comment on this public hearing? Anyone at all? Seeing none I will close this public hearing. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 69 RESOLUTION AUTHORIZING REVOCABLE PERMIT TO LOCATE A MOBILE HOME OUTSIDE OF MOBILE HOME COURT FOR WILLIAM WHIPPLE RESOLUTION NO.: 208, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, William Whipple filed a Town of Queensbury “Application for Placing a Mobile Home Outside of a Mobile Home Court" to replace his mobile home with a new, 2009 mobile home on his property located at 11 Katherine Street in the Town of Queensbury, and WHEREAS, the Town Board held a public hearing concerning this application on th Monday, June 15, 2009 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a revocable permit to William Whipple in accordance with the terms and provisions of Queensbury Town Code §113-12. th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None 2.2 PUBLIC HEARING – AUTHORIZING WITHDRAWAL FROM LANDFILL EQUIPMENT RESERVE FUND AND AWARDING BID FOR STATIONARY TRASH COMPACTOR AT TOWN SOLID WASTE TRANSFER STATION AT RIDGE ROAD NOTICE SHOWN PUBLICATION DATE: JUNE 5, 2009 TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 70 - Supervisor StecThe Town Board has been discussing this off and on with Keith Sheerer our Landfill Superintendent for some time now people may recall that a couple of years ago or a year or so ago we did the compactor at Luzerne Road, this is the other transfer station that the Town operates at Ridge Road that we want to replace. The only bidder that met all bid requirements was United Services GP Inc. for an amount not to exceed $46,495. This is going to come from the funds landfill equipment reserve anticipating the next question what that balance currently is the current balance is approximately $202,000. and again we would be withdrawing $46,495. from that. I think the vintage of these things they last approximately thirty years, we just did the one a year or two ago and now we are doing the other. The resolution also includes the necessary information to make the budget transfers and it authorizes us to take action to execute and get the compactor delivered. So, with that said I will open the public hearing if there are any members of the public that would like to comment on this proposed purchase just raise your hand and I will call on you one at a time. All right seeing none. Councilman Montesi-Dan I just have a question, a long time ago we formed this our landfills I thought was a joint venture with the City. We manage the money, we manage it, it is in our locality are they part of this in terms of any decision making? Supervisor Stec-No, they are not. In fact at Luzerne Road they actually own the property and we own all the equipment and operate on top at Ridge Road we own the actual property and everything on it. Of course it is our old abandoned or capped landfill. Nope, they are, we have a contract with them I think it is a ten year contract we renewed it a couple years ago, I think the Attorney that helped us do that is in the room tonight by happenstance. We did renew that I think it was a ten year term and really the City doesn’t have and has not really asked for anything, when there was a short fall they weren’t asked to contribute any money. Of course a few years ago we raised the rates for the first time in many years there and now it is back in the black and so it is a self sufficient fund. But, the short answer to your question is that no, the City is not really involved here. Nor have they ever expressed any interest in wanting to be. Any public comment before I close the public hearing? All right hearing none I will close the public hearing. RESOLUTION AUTHORIZING WITHDRAWAL FROM LANDFILL EQUIPMENT RESERVE FUND AND AWARDING BID FOR STATIONARY TRASH COMPACTOR AT TOWN SOLID WASTE TRANSFER STATION AT RIDGE ROAD RESOLUTION NO.: 209, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Landfill Equipment Operator previously advised the Queensbury Town Board that he wishes to purchase a stationary trash compactor to replace the aging equipment currently in operation at the Ridge Road Transfer Station, such purchase to be funded from the Town’s Landfill Equipment Reserve, and WHEREAS, in accordance with Resolution No.: 156,2009, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of such stationary trash compactor in accordance with bid specifications prepared by the Town’s Engineer and TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 71 bid package prepared by the Town Purchasing Agent, and WHEREAS, the Purchasing Agent and Landfill Equipment Operator have reviewed the submitted proposals and have recommended that the Town Board award the bid to only bidder meeting all bid requirements, United Services GP, Inc., for an amount not to exceed $46,495.00, and WHEREAS, the Town Board duly conducted a public hearing concerning the th proposed purchase on Monday, June 15, 2009 and heard all interested persons, and § WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town Board is authorized to withdraw and expend funds from the Landfill Equipment Reserve Fund subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of a stationary trash compactor to replace the aging equipment currently in operation at the Ridge Road Transfer Station to be funded from the Fund’s Landfill Equipment Reserve for an amount not to exceed $46,495.00 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such purchase is an expenditure for a specific item of equipment for which the reserve account was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby awards the bid for the purchase and installation of a stationary trash compactor, and the removal of the current compactor at the Ridge Road Transfer Station, to United Services GP, Inc.,for an amount not to exceed $46,495.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2009 Budget Amendment: ? Increase Appropriation 009-9901-9006-112 by $46,495.00; TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 72 ? Increase Revenue 009-0000-55031 Interfund Transfer by $46,495.00; ? Increase Appropriation 009-8160-2040 Heavy Equipment by $46,495.00; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and Landfill Equipment Operator to take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None Discussion held before vote: Councilman Montesi-It was a rather contentious situation with Fran Walters the Town Supervisor and Ed Bartholomew the Mayor in order to get this agreement signed. It was not an easy agreement. Supervisor Stec-It was difficult to get it renewed and I think not because anyone didn’t have an entrenched position this is going from memory a few years ago now. As I recall it was one of those things that there were so many things higher in the pecking order of things that had to be done that no one was in a rush to really get it done, but in the end of the day all sides were agreeable. HEARINGS 3.1 HEARING – APPROVING/DISAPPROVING LAKE GEORGE CAMPSITES, LLC’s APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL Supervisor Stec-I think the applicants agent Mr. Noordsy is here tonight, Mark good to Deleted: e see you again. I will let you add in anything that I may have left out, but the Town Board has discretion to grant these waivers, we have granted them, in fact I cannot recall ever not having granted one with that said the idea here that eventually we do want all these properties to actually physically connect to sewer on Route 9. The Route 9 Sewer is approximately three years old in full operation now and we have granted some other, for a variety of reasons, properties future is in question whether or not they will be redevelopment or whatnot. But, it is important that I always remind everyone that the bills still go out as though you were connected so there is no financial lost to the Town or TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 73 to the District itself. Obviously presumably there a financial convenience to those that are seeking the waiver to hold off and basically tie in at a time more convenient or financially or physically or otherwise. But, with that said, is there anything that you would like to add for the Board’s consideration? Attorney Noordsy- Mark Noordsy of Lemery Greisler LLC for the applicant. It is again a Deleted: e matter of convenience of looking to tie in to have the tie in, to the sewer system occur at Deleted: e the same time as improvements to the facility add amenities, adding more sites and actually when a member of our firm was here last year I do not think we anticipated being back. We were going through the application process as far as planning and zoning that got held up and basically we are going back to the drawing board. There was a lot of issues raised with regard to that plan so we have gone back and are having it redone by the engineers. Again the basic purpose is or desire is to not to do it separately, not to have to tie into the sewer system at one time and then go back and do the improvements separately. We would rather do them all at once. We have got, the engineers are working on a new plan which we will resubmit to the planning board and go from there. Hopefully we will not be back next year. Councilman Strough-Part of your expansion plan is to tie in though. Attorney Noordsy-Correct. Deleted: e Councilman Brewer-That was what I was going to ask earlier the intention was last year when, I cannot remember who came in, whether it was John or who it was, it doesn’t matter. They would redevelop the property so you are saying that this summer or this fall there will be an application in and hopefully next spring they will tie into the sewer. Attorney Noordsy-Correct. I am not exactly sure of that time frame but that is the intent Deleted: e to get a new application. Supervisor Stec-Any other questions from the Board for Mr. Noordsy? Deleted: e Councilman Brewer-I just want to add one more comment. The reason I asked you that Mark and not to pick on you, but these things I know for the last three years we have been doling these out like they are candy and at some point there has to be a time to say you know, enough is enough. It has been five years, seven years lets start getting people hooked up to this thing and start using it. I think that is the, was the intention when we built it or put the system Supervisor Stec-Eventually everyone will have to tie in. Councilman Brewer-I am one of the favor that lets set a time frame whether it be five or seven years that you know, the year before you come in next year no more variances you are going to tie in, you know, some people are going to be hurt by it, you know, but it is for the best thing that we can do for the environment in that whole corridor I think. Councilman Strough-Everybody has a unique story, some people put in brand new systems and some people are waiting for future plans. Councilman Brewer-And I understand that, I have no issue with that. Councilman Strough-And they do pay all their charges as if they were. Councilman Brewer-I know that. Attorney Noordsy-You would have a system that is Deleted: e Councilman Brewer-But, my point is John is if everybody pays and everybody has unique circumstance why did we put the system in and spend the million of dollars that we spent? Supervisor Stec-The majority of our Town has tied in, but you have a handful that hasn’t. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 74 Councilman Brewer-There is a good amount of people that haven’t. Supervisor Stec-Well we are going to get them. Councilman Strough-The driving energy behind that was to make sure the Great Escape was tied in and then the Municipal Center got tied in. Councilman Brewer-I know, I was there. Councilman Strough-And the outlets. So, you know a lot of these we try to let them tie in as they expand. Supervisor Stec-Are there any other questions? Mark do you have any other questions for us? Attorney Noordsey-No, thank you. Deleted: ¶ ¶ APPROVING RESOLUTION LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR THIRD VARIANCE/ WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 210, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Lake George Campsites, LLC (Applicant) applied to the Town Board § for a third variance/waiver from 136-44 to connect its property located at 1053 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it is still working towards completion of sewer connection plans and the property’s four (4) on-site septic systems continue to be used to treat and dispose of sanitary waste, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on th Monday, June 15, 2009, NOW, THEREFORE, BE IT TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 75 RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and wouldalleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Lake George Campsites, LLC’s application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants Lake George Campsites, th LLC a one-year extension of time or until June 15, 2010 in which to connect its property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6) to the Town of p Queensbury’s Route 9 Sewer District, rovided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new , application for a variance/waiver and BE IT FURTHER, RESOLVED, that Lake George Campsites, LLC shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 76 4.0 PRIVILEGE OF THE FLOOR (Limit – 4 minutes) Mr. Bill Brown-8 Colonial Court- On behalf of the Officers and participants of the Soap Box Derby thanked the Town Board for their continued support. Forty Two participants, two from Warrensburg, twenty from the Town of Queensbury and eighteen from the City of Glens Falls and two from South Glens Falls TV8 and the Post Star covered the event. Fund raising auction on July 11 at the Tyrer Gallery need donations and purchases at the auction, proceeds to be used for the shipping to and from Akron of the three cars and for each winner has to spend seven nights and six days in Akron to participate. One Boy Formatted: Font: Bold from the City will get participating and two boys from Queensbury. Thanked Tim Brewer for coming to the race. Another winner was the Granddaughter of Mr. Brown. Mr. Pliney Tucker-41 Division Queensbury Acquiring land at Exit 18, will be bonded? Supervisor Stec-We have to acquire property and then there is the matter of how to pay for the underground utilities. Roughly half of the properties have been purchased already we figure at the end of the day between property acquisition and the cost of consultant that you are look at nine hundred thousand dollars and that may be bonded. Mr. Tucker-Why isn’t this part of the project why do the people of Queensbury have to pay for this land when everyone will use the road? Supervisor Stec-The town is acquiring property for utilities like water and sewer lines. Councilman Montesi-The County has monies for the widening of the road. Mr. Tucker-The Warren County program for prescription drugs, how much did it cost the County for the program? Supervisor Stec-Nothing. Mr. Tucker-Noted Hanneford and Walmart have similar programs… Supervisor Stec-If you already have insurance the card might not be better than the insurance you have, but if you have no insurance it would help. Mr. Charles Baker-749 West Mountain Road - Questioned where the money goes for a burial in the Town of Queensbury? Supervisor Stec-When you buy a plot in the Town some of that money goes into the operations of the cemetery, the rest for perpetual care. There are legal requirements of what the Town has to do for abandoned cemeteries. Mr. Baker-Passed out photos of the cemeteries in the Town of Queensbury. Noted for burials you do charge the same price for outside cemeteries as you do for Pine View. Councilman Montesi-The State Law says that a Town has to accept abandon cemeteries and maintain them. Mr. Baker-Mt. Herman is not abandoned in any way shape or form my wife was buried their last year. Councilman Brewer-The Town is speaking about ownership abandonment. I believe as much as we can pay respect to the dead and maintain these as well as we do. Mr. Baker-Presented the Town Board with a petition containing 82 signatures requesting improved care for outside cemeteries. Supervisor Stec-I will ask our Attorney and the Cemetery Superintendent to help us out on understanding what our responsibilities are for making sure that we are doing the best we can. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 77 Mr. Baker-Spoke about broken and tipped stones, and sites where veterans are buried, need maintenance. Listed many of the well know Town residents that are buried at Mt. Herman Cemetery. Noted that grass needs cutting and the road into the cemetery has good size ruts in the road that need to be repaired. The Town should be ashamed of themselves letting these cemeteries deteriorate to that. Spoke on stones in the Jenkinsville Cemetery that were broken and left on stone walls, that is no way to show appreciation to our forefathers. If it wasn’t for these people the town would not be what it is today. Superintendent Mike Genier-I spoke to the head of the division of cemeteries for New York State regarding abandon cemeteries, the law says that we have to mow abandon cemeteries three times per year, we do it much more than that. We have started mowing the abandoned cemeteries, we started at Harrisena and are working south. Regarding head stones, have gone to conferences on restoration, most of the stones that are turned over are fairly weathered, and marble is porous and it weathers, become weak and cannot support their own weight. Spoke on different methods of repairing stones. Noted headstones are traditionally private property. Supervisor Stec-I do not know how much you can do with the older stone work that you are talking about, some other items can be kept up with such as mowing and repairing access roads to be graded maybe receiving help from the Highway Dept. Councilman Strough-Sometimes the family members pay for the restoration of the stones. Councilman Brewer-I know what the minimum standards are I would agree with the fellow that was just up here I think we should be above the minimum. Superintendent Genier-We definitely are. Councilman Montesi-Questioned if the crews working on the outlying cemeteries report back on conditions in the cemetery? Superintendent Genier-Yes they do. Mr. Paul Naylor-Division Road - Question the resolution for sale of the obsolete truck Supervisor Stec-That will be sold on GovDeals. Deleted: ¶ ¶ 5.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE TRUCK RESOLUTION NO.: 211, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and Formatted: Font: Bold TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 78 WHEREAS, the Town’s Director of Building and Codes Enforcement (Director) has declared a 2000 Ford Ranger Pick-Up Truck as surplus, and WHEREAS, the Director advised Town Departments of the surplus truck and the Director received no requests from the Departments for the surplus truck and therefore he has requested Town Board authorization to sell the truck by using auction company GovDeals to dispose of such surplus truck, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the Department of Building and Codes Enforcement’s 2000 Ford Ranger Pick-Up Truck that is no longer needed by the Town or obsolete, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company, GovDeals, to sell/dispose of the surplus truck and authorizes and directs the Town Supervisor to execute any needed Agreement with such company in form acceptable to the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that all Town proceeds from the sale shall be deposited into the appropriate revenue accounts in accordance with the Queensbury Town Code and Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent, Director of Building and Codes Enforcement and/or Town Counsel to take such further action as may be necessary to effectuate the terms of this Resolution. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 79 th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION ACCEPTING PROPOSAL FOR LEAD-BASED PAINT RISK ASSESSMENTS RESOLUTION NO: 212, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 159.2009, the Queensbury Town Board authorized the Town’s Community Development Department to prepare and distribute a Request for Proposals for lead-based paint risk assessment services as recommended by the New York State Housing Trust Fund Corporation and Office of Community Renewal (OCR), and WHEREAS, the Community Development Department prepared and distributed Requests for Proposals to qualified businesses in the Queensbury and Capital District areas, and WHEREAS, the Community Development Department duly received and opened proposals from four (4) qualified businesses, and WHEREAS, the Community Development Department has recommended that the Town Board authorize and accept the lowest responsible proposal as submitted by RTK Environmental who has offered to provide Lead-Based Paint Risk Assessments to the Town on an on-call/as-needed basis for a three (3) year term beginning June 1, 2009 for a per single unit cost of five hundred forty-five dollars and no cents ($545.00), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of RTK Environmental to provide Lead-Based Paint Risk Assessments on an on-call/as needed basis for a three (3) year term beginning June 1, 2009 for a per single unit cost of five hundred forty-five dollars and no cents ($545.00), and BE IT FURTHER, TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 80 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation, including any agreement in form acceptable to Town Counsel; and the Town Supervisor, Purchasing Agent and/or Budget Officer, or Senior Planner to take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : None Discussion held before vote: Supervisor Stec-The Town has just received another Affordable Housing Grant - $195,000 since 2001 this brings the total to a little over 2.3 million of State grant money for the Towns affordable housing strategy. Deleted: ¶ RESOLUTION DESIGNATING ALL TOWN PROPERTY AS NON-SMOKING AREAS RESOLUTION NO.: 213, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the American Lung Association in New York State has issued a Memorandum in support of tobacco free parks, playgrounds and beaches, with the purpose of promoting public health and well-being through the passage of legislation which restricts the locations in which individuals subject others to the deadly effects of secondhand smoke, and WHEREAS, it has been determined that tobacco is a known asthma trigger and that children are particularly susceptible to the dangers associated with tobacco smoke even if out of doors, and WHEREAS, according to the American Lung Association in New York State, secondhand smoke is responsible for 54,000 deaths each year in the United States, and WHEREAS, New York State Town Law §64(3) gives the Town Board authority to manage and control Town property, and WHEREAS, New York State Public Health Law §1399-r reaffirms the right of a TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 81 property owner, including the government of any political subdivision of the State, to designate its entire property or any part thereof as a non-smoking area, and WHEREAS, the Queensbury Town Board wishes to safeguard the health of its citizens, particularly children, from the dangers of secondhand smoke on all Town property, including Town Park property, and WHEREAS, the Town of Queensbury’s Recreation Commission has indicated its support for a ban on smoking on all Town property, including Town Park property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby designates all Town Property, including but not limited to, all Town Parks, as non-smoking areas, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town’s Facilities Manager and/or the Department of Building and Grounds to erect such signs as reasonably necessary to inform the public of the prohibition against smoking, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Facilities Manager to take all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT : None Discussion held before vote: Recognized Courtney Smith the outreach coordinator for Southern Adirondack Tobacco Free Collation thanked here for all her work. RESOLUTION AUTHORIZING AMENDMENT OF TOWN OF QUEENSBURY EMPLOYEE HANDBOOK §1004 CONCERNING SMOKING POLICY RESOLUTION NO.: 214, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 82 SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board previously adopted a Town of Queensbury Employee Handbook (Handbook) delineating Town Employee Policies and Procedures, and WHEREAS, the last version of the Employee Handbook was adopted in 2001, and WHEREAS, the Town’s Smoking Policy is included within the Handbook as §1004, and WHEREAS, the Smoking Policy currently prohibits smoking in Town vehicles occupied by more than one (1) person unless all occupants of such vehicle agree that smoking may be permitted, and WHEREAS, the current Smoking Policy is inconsistent with the Public Health Law which prohibits smoking in any place of employment including “company vehicles,” and WHEREAS, the Town Board wishes to amend its Smoking Policy to be consistent with the Public Health Law, also known as the New York State Clean Indoor Air Act of 2003, and WHEREAS, a number of the Town’s employees are represented by Civil Service Employees Association, Inc., (CSEA) Unit 9007 which was advised of the proposed st change to the Town’s current Smoking Policy by letter of April 21, 2009 and CSEA has not raised any questions or concerns, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Town’s Smoking Policy as set forth at §1004 of the Town of Queensbury’s Employee Handbook to amend subsection 3 to read: “Smoking shall be prohibited in all Town vehicles.” and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to distribute copies of the amended Policy to all Town Employees and Elected Officials and amend the Handbook accordingly, and BE IT FURTHER, TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 83 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT : None RESOLUTION CONCERNING TOBACCO ADVERTISING AND CHILDREN’S HEALTH RESOLUTION NO.: 215, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, tobacco use kills over 25,000 New Yorkers every year, yet is the leading preventable cause of death in our communities, and WHEREAS, in New York State alone, the tobacco industry spends $516 million annually to market its deadly products, and WHEREAS, every day another 4,000 American children start to smoke and another 2,000 become regular, daily smokers, and WHEREAS, in New York State the average age at which smokers try their first cigarette is 14½, and WHEREAS, studies have shown that tobacco advertising in retail stores has a powerful influence on teens who are significantly more likely to smoke due to advertising than to peer pressure, and WHEREAS, in the Capital Region, the 2008 Annual Community Survey undertaken by the Southern Adirondack Tobacco Free Coalition in conjunction with Syracuse University shows that 52% of adults think tobacco advertising in stores should not be allowed on the outside of store buildings, and TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 84 WHEREAS, in the Capital Region, 70% of adults surveyed in the above- mentioned research think tobacco advertising should not be allowed on the outside of any stores or gas stations within 1,000 feet of schools, playgrounds or daycare facilities, and WHEREAS, retail stores are an integral part of our community and there are many ways that retail stores can help keep children and teens from viewing tobacco advertisements, which are a major factor in youth initiation of tobacco use, NOW, THEREFORE, BE IT RESOLVED, for the health of the youth of our community, the Queensbury Town Board hereby calls all retailers to voluntarily reduce overall tobacco advertising in their place of business and to eliminate tobacco advertising from areas likely to be seen by children, including ads placed below five feet (5’) high, near candy, ice cream and toy displays and on counter tops, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to the Southern Adirondack Tobacco Free Coalition. th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING RENEWAL OF MARSHALL & STERLING UPSTATE, INC., AS TOWN OF QUEENSBURY INSURANCE AGENT RESOLUTION NO.: 216, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 324,2008, the Queensbury Town Board authorized engagement of Marshall & Sterling Upstate, Inc., to provide insurance coverage to the Town stth of Queensbury effective July 1, 2008 – June 30, 2009, and TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 85 WHEREAS, the Town Board wishes to authorize renewal of such coverage with stth Marshall & Sterling Upstate, Inc., effective July 1, 2009 – June 30, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the renewal and engagement of the services of Marshall & Sterling Upstate, Inc., to provide stth insurance coverage to the Town of Queensbury effective July 1, 2009 – June 30, 2010, and BE IT FURTHER, BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 217, 2009 INTRODUCED BY Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Anthony Metivier WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to hire Kaitlin O’Shaughnessy, Kelly O’Shaughnessy, Meghan Dougher, Arinne Stiller and Fredericka Ramsey to work part-time for the Department on a seasonal basis, and TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 86 WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees’ relatives, and: ? Kaitlin O’Shaughnessy and Kelly O’Shaughnessy are the daughters of Assistant Director of Parks and Recreation Lori O’Shaughnessy; ? Meghan Dougher is the daughter of Town Clerk Darleen Dougher; ? Arinne Stiller is the daughter of the Executive Assistant to the Town Supervisor, Leesa Stiller; and ? Fredericka Ramsey is the mother-in-law of Parks and Recreation Department Senior Typist Simone Ramsey; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town’s Department of Parks and th Recreation on a part-time, seasonal basis effective June 16, 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 15 day of June, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BUSINESS AUTOMATION SERVICES, INC. FOR UTILITY BILLING SYSTEM AND IMPLEMENTATION SERVICES RESOLUTION NO.: 218, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 87 SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury’s Town Clerk and Technology Coordinator requested proposals for a utility billing software system and implementation services, and WHEREAS, proposals were received and reviewed by the Town Clerk and Technology Coordinator and they have recommended that the Town award the proposal to Business Automation Services, Inc. (BAS) for an amount not to exceed $53,460.00 in th accordance with BAS’ May 11, 2009 Proposal presented at this meeting, and WHEREAS, the Town Clerk and Technology Coordinator met with the Town th Board to discuss such proposal at a Workshop Meeting held on Monday, June 8, 2009, and WHEREAS, the Town Board concurs with the Town Clerk and Technology Coordinator’s recommendation, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Business Automation Services, Inc. (BAS) for the provision of a utility billing software system and implementation services for a total amount not to exceed $53,460.00, and BE IT FURTHER, RESOLVED, that payment for such system and services shall be paid from Computer Software Account No.: 040-1680-2032, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $53,460.00 from unappropriated, undesignated Fund Balance to Account No.: 040-1680-2032 and effectuate such 2009 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor to execute any needed Agreement or documentation and the Town Supervisor, Town Clerk, Technology Coordinator and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 88 th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE IN EMPLOYEE GROUP HEALTH INSURANCE PLAN RATES RESOLUTION NO. 219, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 542,2008, the Queensbury Town Board approved and authorized renewal contracts for the year 2009 with Empire Blue Cross Blue Shield (Blue Cross), and WHEREAS, by Resolution No.: 137,2009, the Queensbury Town Board approved and authorized a change in its health insurance rates renewal contracts for the year 2009 as a result of the New York State Legislature’s adoption of the New York Deficit Reduction Plan which included a provision providing for a surcharge on health insurance policies in New York State, which resulted in Blue Cross thereby passing on such surcharges to the Town of Queensbury resulting in an increase of the Town’s health insurance rates for its employees and retirees, and WHEREAS, since that time the Governor changed his mind about the amount of taxation placed on State health insurance policies and therefore Blue Cross has adjusted their rates for each Town policy to reflect this decrease in rates, and WHEREAS, the Town Board therefore wishes to authorize a revised rate schedule accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a change in its health insurance rates as described in the preambles of this Resolution with st such rates effective July 1, 2009 as follows: Town of Queensbury TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 89 2009 Group Health Insurance Premiums Employee Premium Sharing 2009 Total PremiumEmployee ShareTown AnnualMonthly%AnnualWeeklyAnnual Cost 6,424.92535.41 5,461.18 Individual15% 963.74 18.5334 Family 18,769.441,564.1215% 2,815.42 54.1426 15,954.02 5,920.56493.38 5,506.12 Individual7% 414.44 7.9700 17,295.721,441.31 16,085.02 Family7% 1,210.70 23.2827 DENTAL 301.0825.09 217.08 Individual$7.00/mo 84.00 1.6154 726.0060.50 600.00 Family$10.50/mo 126.00 2.4231 Town of Queensbury 2009 Retiree Group Health Insurance Premiums 2009 Total PremiumRetiree ShareTown AnnualMonthly%AnnualMonthlyAnnual Cost 6,424.92535.41 5,461.18 Individual15% 963.74 80.31 Family 18,769.441,564.1215% 2,815.42 234.62 15,954.02 Medicare 5,898.72491.56 5,013.91 15% 884.81 73.73 Individual Medicare 2 11,757.72979.81 9,994.06 15% 1,763.66 146.97 Person 18,259.441,521.62 15,520.52 Medicare Family15% 2,738.92 228.24 EMPIRE EPO Individual5,920.56493.387% 414.44 34.54 5,506.12 17,295.721,441.31 16,085.02 Family7% 1,210.70 100.89 Medicare 5,435.28452.947% 380.47 31.71 5,054.81 Individual Medicare 2 10,830.48902.54 10,072.35 7% 758.13 63.18 Person 16,826.041,402.17 15,648.22 Medicare Family7% 1,177.82 98.15 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and/or documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 90 RESOLUTION TO AMEND 2009 BUDGET RESOLUTION NO.: 220, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2009 Town Budget as follows: From To CodeAppropriationCodeAppropriation$ 001-1110-4030Postage001-1110-1020Overtime3,500 001-1680-1010IT Wages001-1680-2001IT Equipment20,000 001-1990-4400Contingency001-7550-4400Celebration Misc Contr.2,000 001-3510-1010ACO Wages001-3510-4110Vehicle Repair2,200 002-9040-8040Workers' Comp 002-8810-4070Building Repair & Maint5,300 002-0000-52680Insurance Recoveries1340* 002-8810-4400Misc. Contractual1340* 032-9040-8040Workers' Comp032-8110-4131Litigation1,000 * Increase to Revenue and Appropriation to reflect proceeds for insurance recovery. th Duly adopted this 15 day of June, 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 JUNE 16, 2009 RESOLUTION NO.: 221, 2009 INTRODUCED BY: Mr. Ronald Montesi TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 91 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thth presented as the Warrant with a run date of June 11, 2009 and a payment date of June 16, 2009, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of June 11, 2009 and payment date of June 16, 2009 totaling $552,709.75, 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 15 day of June, 2009, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec NOES : None ABSENT: Mr. Brewer RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEWS CREMATION GROUP TO PERFORM CREMATORY RETORT REPAIRS RESOLUTION NO.: 222, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Memorandum dated June 3, 2009, the Town of Queensbury Cemetery Commission requested that the Town Board authorize Matthews Cremation Group as a single source vendor to perform annual Crematory Retort inspections and repairs on the Crawford and Power Pak Cremation Unit at the Pineview Cemetery, and WHEREAS, such inspections and repairs shall not exceed $20,000, and Formatted: Font: Bold TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 92 WHEREAS, Matthews Cremation Group has performed annual Crawford and Power Pak Retort inspections, is accepted by the New York State Department of Environmental Services as meeting statutory requirements regarding inspections, and is the manufacturer of these retorts, possessing proprietary engineering drawings and specifications for such equipment, and for these reasons, the Town Board wishes to waive the Town Purchasing Policy’s two (2) quotes, self-imposed bidding requirement in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, this will ensure that the Town’s retorts will continue to operate in a safe and efficient manner while continuing to meet DEC’s regulatory requirements, and WHEREAS, the cost of inspections and repairs currently needed at the Pineview Cemetery, proposed to be provided by Matthews Cremation Group, will cost $4,800 per unit th (under $20,000), not including freight charges, as delineated in its January 5, 2009 proposal, and the Cemetery Superintendent and Cemetery Commission have requested authorization for such repairs, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Matthews Cremation Group to inspect and repair the Crawford Cremation th Unit at the Pineview Cemetery as set forth in Matthews Cremation Group’s January 5, 2009 Proposal presented at this meeting, for an amount not to exceed $4,800 per unit (under $20,000), not including freight charges, and BE IT FURTHER, RESOLVED, that such authorization is contingent upon Matthews Cremation Group providing the Town with satisfactory proof of insurance prior to commencing work for the Town, and TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 93 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment shall be made from Building Repairs Account No.: 002-8810-4070, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING CREMATORY SEWER PROJECT RESOLUTION NO.: 223, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Memorandum dated June 9, 2009, the Town of Queensbury Cemetery Commission advised the Town Board that it solicited bids for completion of a sewer connection from the Crematory to the Town Sewer along Quaker Road (Project), and WHEREAS, such total Project cost shall not exceed $10,438.68, as follows: ? $6,400 for grinder pump installation, piping to the sewer manhole connection and core drilling to be provided by Sanitary Sewer Service (lowest bid) as set th forth in their June 4, 2009 proposal presented at this meeting; ? $838.68 for electrical work to be performed by Dean Electric Electrical rd Contractors as set forth in their April 23, 2009 proposal presented at this meeting; and ? $3,200 for a grinder pump and installation work to be supplied by Rolfe th Industries, Inc., (lowest bid) as set forth in their April 20, 2009 proposal presented at this meeting; Formatted: Font: Bold TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 94 and WHEREAS, the Cemetery Commission and Cemetery Superintendent have requested Town Board authorization of the Project as well as the coinciding 2009 Town Budget Amendment and transfers to fund the Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the sewer connection from the Crematory to the Town Sewer along Quaker Road (Project), such total Project cost not to exceed $10,438.68 as follows: ? $6,400 for grinder pump installation, piping to the sewer manhole connection and core drilling to be provided by Sanitary Sewer Service (lowest bid) as set th forth in their June 4, 2009 proposal presented at this meeting; ? $838.68 for electrical work to be performed by Dean Electric Electrical rd Contractors as set forth in their April 23, 2009 proposal presented at this meeting; and ? $3,200 for a grinder pump and installation work to be supplied by Rolfe th Industries, Inc., (lowest bid) as set forth in their April 20, 2009 proposal presented at this meeting; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to effectuate the following 2009 Budget Amendment: ? Increase Revenue Account 002-0000-52770 Misc. Revenue by $10,438.68; ? Increase Appropriation Account 002-8810-2899 Capital Construction by $10,438.68; and BE IT FURTHER, TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 95 RESOLVED, that such authorization is contingent upon the respective contractors providing the Town with satisfactory proof of insurance prior to commencing work for the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreements and/or documentation, and the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of June, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None Deleted: ¶ ¶ RESOLUTION APPROVING GRANT AWARD FOR CASE #5764 IN CONNECTION WITH TOWN OF QUEENSBURY NEIGHBORHOOD HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE OFFICE OF COMMUNITY RENEWAL CDBG PROGRAM #962HR37-08 RESOLUTION NO.: 224, 2009 Deleted: ¶ INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough Deleted: ¶ #5764 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and funds were approved via Resolution 416.2008 through the Town of Queensbury Housing Rehabilitation Program using HOME 20073216 funds, and WHEREAS, due to the complicated nature of the required septic system replacement additional funds are needed, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon Formatted: Font: Bold TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 96 receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5764 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty-five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. h Duly adopted this 15 day of June, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENTNone : RESOLUTION APPROVING GRANT AWARD FOR CASE #5761 IN CONNECTION WITH TOWN OF QUEENSBURY NEIGHBORHOOD HOUSING REHABILITATION PROGRAM IN CONNECTION WITH NEW YORK STATE OFFICE OF COMMUNITY RENEWAL CDBG PROGRAM #962HR37-08 RESOLUTION NO.: 225, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough #5761 WHEREAS, a single family property Case File has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and funds were approved via Resolution 413,2008 through the Town of Queensbury Housing Rehabilitation Program using HOME 20073216 funds, and Formatted: Font: Bold TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 97 WHEREAS, due to the complicated nature of the project additional funds are needed, and WHEREAS, property rehabilitation specifications will be provided to three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving this grant, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five years from the completion of the rehabilitation, NOW, THEREFORE, BE IT #5761 RESOLVED, that the Town of Queensbury approves a grant for Case File , Twenty-five thousand dollars and Queensbury, New York, in the amount not to exceed: no cents ($25,000.00) and authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute Grant Award Agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. h Duly adopted this 15 day of June, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY GLENS FALLS COUNTRY CLUB, INC. RESOLUTION NO.:226, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 98 WHEREAS, the Glens Falls Country Club, Inc., (Petitioner) previously commenced Article 7 Real Property Assessment Review cases in 2005 - 2008 against the Town of Queensbury concerning the assessments on certain parcels of property located on Round Pond, Mannis and Country Club Roads, Town of Queensbury, having Tax Map ( Nos.:289.18-1-37, 296.5-1-6, 296.6-1-12, 296.7-1-19 and 296.10-1-20,hereinafter collectively the “Property”), and WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, the Queensbury Union Free School District has approved the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Glens Falls Country Club, Inc., as follows: 1. The Petitioner will discontinue the 2005 and 2006 Petitions, without refunds or assessment reductions by the Town, and the total of the assessments on the parcels comprising the Property shall be revised as follows on the 2007 and 2008 Assessment Rolls, with the Assessor to allocate the reductions among the parcels as she deems appropriate: 2. The assessments on the Property on the 2005, 2006, 2007 and 2008 assessment rolls for certain property located on Round Pond, Mannis and Country Club Roads, Town of Queensbury – Tax Map Nos.:289.18-1-37, 296.5-1-6, 296.6-1-12, 296.7-1-19 and 296.10-1-20,the shall be set as follows: AGGREGATE AGGREGATE ASSESSMENT ROLL CURRENT ASSESSMENT REDUCED ASSESSMENT 2007 $5,376,900 $3,100,000 2008 $5,376,900 $3,100,000 and TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 99 BE IT FURTHER, RESOLVED, that the Town Board authorizes payment of a total Town refund, combined for taxes based on the 2007 and 2008 Assessment Rolls, of approximately $5,250, with the final amount of the Town’s refund to be as calculated by the Warren County Treasurer’s Office and to be equal to the Town’s proportional share, based on tax rates, of a total combined refund of $50,000 from the Town, County and School District, with such Town refund to be paid, with interest if ordered by the Court, within 60 days after Petitioner serves a copy of the filed Court Order, with Notice of Entry, approving the settlement on the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Aggregate Reduced Assessment of $3,100,000 shall be effective for the 2009, 2010 and 2011 Assessment Rolls, as provided for under Real Property Tax law Section 727, subject to the exceptions provided for in Section 727, and the Assessor shall allocate the aggregate amount among the parcels of the Property as she deems appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 15 day of June, 2009 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 6.0 CORRESPONDENCE 6.1 May 2009 Report from Community Development on file 7.0 TOWN BOARD DISCUSSIONS Ward I COUNCILMAN METIVIER 1. The Highway Dept. will be starting their paving projects, if anyone has any areas on their streets that need attention please let us know as soon as possible. Contact the Highway Superintendent or a Councilman with your concerns. Formatted: Bullets and Numbering Formatted: Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 1" + Indent at: 1" Formatted: Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 4 + Alignment: Left + Aligned at: 0" + Tab after: 0.5" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 100 th 2. Read an Article from the US News and World Report (June 4) listed our area as one of top ten housing markets that will appreciate handsomely over the next decade. 3. Congratulations to all the graduates and please be careful over the new few weeks. Ward II COUNCILMAN MONTESI Formatted: Superscript 1. This week starts those that are running for election getting petition signed it is also a very humbling experience. Ward III COUNCILMAN STROUGH 1. Attended the Lake George Association Annual Meeting – Speaker Colleen Hickey from the Education and Outreach Coordinator for the Lake Champlain Basin Program of which Lake George is part of that basin. Title of Address Lawn to Lake, Tips For Green Lawns Not Green Lakes. Also toured the floating classroom which provide the local youth an opportunity to understand the integration and balance of mother nature 2. Ron and I met with Time Warner Cable, hope to have an agreement by September Ward IV COUNCILMAN BREWER 1. It was a pleasure to go down to the Soap Box Derby it is always interesting to watch the kids see their faces going down the hill and then see them when Formatted: Numbered + Level: 1 + they come back up either won or lost. In my mind it is a worthy project. Numbering Style: 1, 2, 3, + Start SUPERVISOR STEC at: 1 + Alignment: Left + Aligned at: 1. Queensbury’s web site www.queensbury.net all meeting minutes for Town 0.5" + Tab after: 0.75" + Indent at: Board, Planning Board, and Zoning Board and agendas available on the site along with other announcements and information 0.75" 2. Thanked TV8 and our Sponsors for televising our meetings 3. Housing strength article-covers Warren and Washington County 4. Executed the Kingsbury Water Contract 350,000 gallons Formatted: Numbered + Level: 1 + RESOLUTION CALLING FOR AN EXECUTIVE SESSION Numbering Style: 1, 2, 3, + Start RESOLUTION NO. 227.2009 at: 1 + Alignment: Left + Aligned at: INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION 0.5" + Tab after: 0.75" + Indent at: SECONDED BY: Mr. John Strough 0.75" RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss Union grievance. th Duly adopted this 11 day of June, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 228 Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Font: Bold Formatted: Superscript Formatted: Font: Bold TOWN BOARD MEETING JUNE 15, 2009 MTG. #25 101 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session. th Duly adopted this 11 day of June, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None No Action taken during Executive Session RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 229,2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough Formatted: Superscript RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Meeting. th Duly adopted this 11 day of June, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury Formatted: Font: Bold Formatted: Superscript Formatted: Indent: Left: 0.5" Formatted: Font: Bold