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2009-10-05 MTG. #35 REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 247 TOWN BOARD MEETING MTG. # 35 OCTOBER 5, 2009 RES. 309-321 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS PRESENT Mr. Mike Shaw Wastewater Supt. Glens Falls Post Star PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH Supervisor Stec- P R O C L A M A T I O N WHEREAS, the Queensbury Town Board wishes to recognize the Friends of Hovey Pond for their contributions and exceptional service over the past several years in helping to develop Hovey Pond, and WHEREAS , the Friends of Hovey Pond deserve special recognition of their accomplishments in making Hovey Pond the remarkable landmark it is today, NOW, THEREFORE, the Queensbury Town Board hereby further expresses their appreciation to the Friends of Hovey Pond for doing their part in making the Town of Queensbury a better place to live. GIVEN under the SEAL of the Town of Queensbury this fifth day of October 2009. _________________ ____________________ Daniel Stec Anthony Metivier Town Supervisor Councilman Ward 1 ___________________ ________________ ___________________ Ronald Montesi John Strough Timothy Brewer Councilman Ward 2 Councilman Ward 3 Councilman Ward 4 I am sure that I am speaking for the entire Town Board that these volunteers are a wonderful group and we do appreciate everything that they have done, Hovey Pond is just gorgeous. REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 248 QUEENSBURY BEAUTIFICATION AWARDS FOR 2009 Residential Awards Ward I Rick & Karen Cunningham 11 Brookfield Run Matthew J. & Jeanett B. Koskinas 31 Hicks Road Ward II Marilynn & Sherman Wood 57 Waverly Place Sheila Baptiste 103 Meadowbrook Rd. Ward III Chad Davis & David Goodall 1019 West Mt. Rd. Frank & Kathy Miller 20 Queens Lane Ward IV Dianne Cassant 226 Big Boom Rd. William & Pat Carpenter 39 Twin Mt. Drive Commercial Awards Adventure Racing & Family Fun Center 1079 State Rt 9 Fun Spot 1035 Sate Rt. 9 Councilman Strough-Thanked all those for making Queensbury beautiful. Noted the site of Quaker and Bay Road-a lot of the people on the Beautification Committee also worked on that project and it is starting to look good, they put their time in for free on that project. 1.0HEARING 1.1Marianne McDonough DBA Graycourt Motel and Thomas J. McDonough Law Officer’s Application For Variance/Waiver Request From Sanitary Sewer Connection Requirements Supervisor Stec-The McDonough’s are here tonight and they know the drill as well as any of us. This is a property on Route 9L also Mike Shaw is here in case anyone has any questions for Mike. Predominately on the Route 9 Sewer Dist. but there are others in town that are relatively new. If property owners want to delay a connection or tie in to a time that is more convenient ie to correspond with other renovations or other work to the site or if they have a working septic field and they want to just delay until the septic field you know isn’t so great any more but the sewer is in front of their place, we allowed through this hearing process a delaying to tying into the sewer district. Now, the sewer district is made whole in that they still pay, they are members of the district so they still pay as though they were connected, the only thing is that they don’t actually physically connect to the sewer line. We have been granting one year extensions for the past few years now in this particular case. I know there are two properties there on the site, one is the hotel and the other is the office. We have granted this in the past, in this case they do REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 249 point to that they have a fully functional septic system and they are estimating that to make the connection physically and resurface it would cost between fifty seven and ninety seven thousand dollars, signifying a hardship and they have asked us to again grant them another waiver to allow them to hold off another year. Sooner or later at some point there maybe more pressure from the Town to encourage a tie in but to this point it has not been an inconvenience to the district and we have granted it. Mr. McDonough is there anything that you would like to add, by all means come to the microphone if you like, I do not mean to put you on the spot. Mr. Thomas J. McDonough-28 Twicwood Lane, Queensbury I would like to point out financially it is never going to get any better dollar wise to hook up to the system based upon the manner in which you have to do it. We are talking roughly around a hundred thousand dollars, the people that we asked before the prices they just smiled as well, look at our old number and just bump them up as far as you can go. Knowing what the sales tax revenue you received from our business, financially it is an impossibility to do, to hook up period. The numbers are conservative so far as what you have in front of you. We are asking for a waiver period. Your ordinance that introduced this or legislation that introduced this provided for that. In addition we are getting to the point where I want to do some estate planning, if we transfer title to a trust, where we might put it in, that could be considered a change in ownership and cause other various problems. I guess what I want to do is have a waiver, now if the system fail that is another issue. But, that area has such perk in it, it is just phenomenal it is basically sand. Don’t see them failing in my lifetime. What we have asked in the past and I know you have done it, first time you did it for two years now you have done it from year to year. One year you slip up might be sick and not available we may lose that one year and may put us in a position of having to really do something radical. I do not know what that is at this time. So, really what I did ask for initially and the other two times, three times I have made application is pursuant to the statue since there is a hardship and you have recognized it is to make this either a variance or a waiver period. Supervisor Stec-Thank you, Sir. Mrs. Thomas McDonough-Can I just say something? Supervisor Stec-Yes, Ma'am. Mrs. McDonough-Not only that we are only there like business wise eight weeks out of a season, we live at the house maybe a hundred and twenty days. So, it is like we are not the normal run of the mill all year round business, and it just seems unfair to make us spend this kind of money for a three month business and that is all it is really. Supervisor Stec-I do not know the statistics off hand but I image Mike Shaw could help us with that but I know most other properties have tied in and a lot of them are seasonal in nature as far as Mrs. McDonough-No, there are not seasonal, there is not another seasonal business on Route 9. Supervisor Stec-The Fun Spot and Adventure Racing, Great Escape they are seasonal Councilman Montesi-The golf Supervisor Stec-The golf, they are all seasonal. Mrs. McDonough-I am talking motel, I am sorry I apologize, I am talking motel season, there are no motels. They are all year round. Councilman Montesi-Tom, one of the things that we were looking at as a Town that rather than have to go through this every year with residents, and those that have opted out we thought maybe we should have a, this is just a thinking process, maybe if we went five years, but at the end of five years that is it, it sunsets. Now, that wouldn’t probably REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 250 be something that you would buy into. We were just looking at maybe we do ten to twelve of these a year? Supervisor Stec-Maybe not even that many. Councilman Montesi-Maybe not even that many, I was just saying why don’t we just try and give any of those people a period of time and then they have to hook. That may not work for you. Mr. McDonough-Well you are talking about putting in a reserve of twenty thousand dollars a year away for five years, the profit margin at this stage of the game. Quite frankly in the legislation this was specifically contemplated, they talked about it too Supervisor Stec-And we have not granted what you are asking. Mr. McDonough-You have never granted to anybody. Supervisor Stec-That is right. Mr. McDonough-If that be so why is it even in the statute? Supervisor Stec-Well we could change, we can always change the statute. Mr. McDonough-Oh no, they passed the statute as it was at that point in time. Supervisor Stec-The town did. Mr. McDonough-And you Supervisor Stec-But the Town can always change it. Mr. McDonough-But the point is you passed it and that was one of the items that was instrumental in making it fly, because there was the waiver and variance. Councilman Montesi-But is wasn’t a permanent waiver. Mr. McDonough-It has it in the statute. Councilman Brewer-No, I think it is our option. Mr. McDonough-Well if you put if off for five years and then change it then you make it permanent, ok and that is an enabling way to do it. Mrs. McDonough-The point I want to know is why, what is the difference we are still paying, we pay a water bill and sewer bill and we are not depriving the town of any money so what is the reason. Councilman Brewer-I do not think it is all money I think it is a part of it Mrs. McDonough-But we have to spend eighty seven thousand dollars in order to pay you people, not you people but the town it does not make sense. Councilman Brewer-I understand but every property is individual and has their own circumstances and I do not think that this was intended to be meant for you specifically it was, we have a sewer system we ought to use it, it is best for the environment it is best for everything and I think that is the reason that we want people to tie into it, the reason that we put it in. If we just said ok nobody has to hook into it why would we even build it? But it is there and we have to utilize what we have and speaking for myself only I would not be in favor of granting a permanent waiver if you will. Just my own, Tom ten years from now, five years from now, two years from now certainly you could sell that property if someone came in and bought that property, maybe bought a piece next door they could do something and then they have a permanent variance from this sewer system REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 251 that is not fair. Speaking for myself only I would not be in favor of a permanent variance. Mrs. McDonough-I hear what you say but that is not true they would do it up until the time we sold it then they could do whatever they wanted because we have grandfathered, what is it, at the pool we were supposed to have a lifeguard if we sell it to John Doe they have to get a lifeguard, but if anyone of our kids take it over for the next two thousand years I mean, they do not need a lifeguard. So, you could do the same thing with a waiver. Our business is always two months, three months out of the year. Councilman Brewer-But like you said, why does it bother you that we have this process that you have a waiver every year, you still pay the same amount we are not charging you any more we are not charging you any less it is just a matter of once a year or if it twice every two years Mrs. McDonough-But someday they are going to compel us to do it. Councilman Brewer-At some point you should. Mrs. McDonough-Why? Councilman Brewer-What if you system fails? Mr. McDonough-Oh, that is a different story. Mrs. McDonough-We have not had a problem we are very Councilman Brewer-I understand that and I am not saying you will and you wouldn’t take care of it, I am just saying that this gives the town leverage to say that, that property owner whether it be you whomever should tie into the sewer system. That was the object of putting in the sewer system in. I understand your hardship and I sympathize with you and I am not saying you have to hook in by any means right now, I am just saying that at some point down the road it may come to a point where someone owns that property and or maybe buys two properties or one more and it should be hooked in, that is all I am saying. Councilman Strough-But change of ownership doesn’t, the variance goes with the property. The only time that you may have to re-submit if it is less than that one year time period would be if there is going to be a change of use or a major expansion of what you have there. It still doesn’t prohibit you from getting or obtaining the variance. Now, you have a good argument of not tying in, the great expense and the limited use that you are talking about and I think we should look at each property individually, but I do not think we are about ready to set a precedent tonight, but I think we will give you due consideration in the future on this topic. But, again I just wanted to point out the variance does go with the property and you can change owners. Supervisor Stec-Anything else? Mike do you have anything you really want to add? You don’t, ok? Councilman Metivier-Would the Board entertain at least a two year waiver at this point vs a one year so they do not have to come back every year? Supervisor Stec-We have gotten away, the last few years they have all been one year extensions. Councilman Metivier-I just think I mean in this particular case we know what the outcome is going to be and you know to have them come back every year and have the outcome be the same, at least that way if something does happen in the next few years we can monitor it. Supervisor Stec-If someone said to me I will save you a hundred thousand dollars if you come to one town board meeting at night, I would do it. We have in front of us a REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 252 resolution approving one year we can change it if we wanted to, I am worried about the next guy. What does the Board want to do? Councilman Brewer-I am fine the way it is. Councilman Strough-I would go with the two years if the majority wants to. Councilman Montesi-We did two year once before didn’t we. Supervisor Stec-It has been awhile since we did two. Councilman Brewer-Historically in the last couple of years it has been one. Councilman Montesi-In this case it is a seasonal operation, except for the house on it. Mr. McDonough-In summer someone has to be on the property … Supervisor Stec-I am hearing the majority of the Board wants to change from one year to two year extension in the resolution. I will close the hearing. APPROVING RESOLUTION MARIANNE MCDONOUGH DBA GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH LAW OFFICE’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 309, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 two (2) year from the date of notice, and WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs) applied to the Local Board of Health for a § fourth variance/waiver from 136-44, as the McDonoughs requested a permanent exemption from the Town’s connection requirements to connect their Graycourt Motel and Law Office properties to the Town of Queensbury’s Route 9 Sewer District, as the McDonoughs state that: all connections will entail excavation of over 620 linear feet of black top and returning it to original condition after connection would require complete resurfacing costing anywhere between $57,500 to $96,800 - a financial hardship; current sewage disposal systems are in excellent working condition and are used 8-10 weeks per REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 253 year so it would not be cost effective to connect; the Motel Office with seasonal residence is occupied during the same time period as the Motel and the house facilities are for private use only – not public; and the Law Office, shared with Meadow Run Gifts, is operated seasonally and has no fully or part-time employees and are not open or occupied on a daily st basis; all as more fully set delineated in the McDonough’s August 21 letter and application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the McDonoughs and the Town Board conducted a hearing concerning the variance/waiver th request on Monday, October 5, 2009, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)’s application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants the McDonoughs a two- th year extension of time or until October 5, 2011 in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury (Tax Map No.’s: 296.9-1-8 and 296.9-1-9) to [ provided that if there is any change the Town of Queensbury’s Route 9 Sewer District, in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that the McDonoughs shall pay all charges due as if their ] properties were connected to the Route 9 Sewer District, and REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 254 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 5 day of October, 2009 by the following vote: AYES : Mr. Metivier,Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 2.0PRIVILEGE OF THE FLOOR (limit – 4 Minutes) Mr. Paul H. Naylor-15 Division Road How are we coming in the Main Road are we going to bid this year? Supervisor Stec-It is out to bid, hope to award the bid by the end of 09. Mr. Pliney Tucker-41 Division Road Res. 3.5 What are we doing. Supervisor Stec-The County Solid Waste Contracts with all the towns was out dated all they are doing is they are changing the contract to reflect what they are actually charging us per ton which is currently $69. a ton. Mr.Tucker-When does the contract end? Supervisor Stec-2012. Councilman Montesi-2012 is when Foster Wheeler will either decide to buy the plant or they walk away and the County has to run the plant. Mr. Tucker-I read you are against the 1% raise in the sales tax. Supervisor Stec-I was in April when they put it to a vote and I was last week when they called and asked again. Mr. Tucker-How will we balance the budget? Supervisor Stec-We are going to keep cutting. Mr. Tucker-I have a suggestion, take a look at the Board of Supervisors and how they run the County there is money to be saved there. Two weeks ago you spoke about putting in conduit on Richardson Street what is it for? Supervisor Stec-That is in the ground, future fiber optic cable.. Councilman Strough-Or any potential future use Mr. Tucker-What was the cost? Councilman Brewer-Eight thousand dollars. REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 255 Mr. Tucker-Where are you going to get the eight thousand dollars to pay for it or are we in this business now? Supervisor Stec-We paid to put the conduit in the ground if somebody comes in and uses it they will lease the conduit from the town. All of Main Street has got this conduit as part of the plan. Mr. Tucker-It looks like you are doing some speculation by doing this, Town government, State government and Federal government has no right to do speculation. Councilman Brewer-We are not doing speculation we are doing planning. Mr. Tucker-Did you put in your rebate to the County for taxes? Supervisor Stec-Not yet, we will look at that after we get the rest of the sales tax data for the quarter. Mr. Tucker-The Crandall Library Budget are we going to have a public hearing hear on it? Supervisor Stec-They had their public hearings a couple weeks ago. Mr. Tucker-Nothing on the Fire Company contracts? Supervisor Stec-We have met with one of them and we are going to meet with a couple more next week, we are trying to adopt the contract before the end of the year. 3.0RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF MICHAELS DRIVE DRAINAGE CAPITAL PROJECT FUND NO: 174 RESOLUTION NO.: 310, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No.: 540,2008, the Queensbury Town Board established the Michaels Drive Drainage Capital Project Fund #174, and WHEREAS, the Town Purchasing Agent has advised that the project is complete, and WHEREAS, as a result of additional project costs, the project went over by $17,789.91, and WHEREAS, the Town’s accounting records show that Fund #174 received some bid revenue that offset $400 of the project’s additional expenses, and as a result of the closure of Capital Project Fund #167 by Town Board Resolution No.: 295, 2009, Fund REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 256 #167’s remaining funds in the amount of $4,428.61 were also transferred into Fund #174, and WHEREAS, Fund #174’s remaining deficit of $12,961.30 will be covered by the General Fund’s Unappropriated Unreserved Fund Balance, and WHEREAS, the Town Board wishes to close Capital Project Fund #174 and adjust the 2009 Town Budget accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Capital Project Fund #174 Michael’s Drive Drainage Project, 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 Appropriations in Capital Project Fund #174 Account 174-8540- 2899 by $17,789.91; ? Increase Capital Project Fund #174 Account 174-0000-55031 by $17,389.91; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $12,961.30 from the General Fund’s unappropriated, undesignated Fund Balance to Account No.: 174-8540-2899 and effectuate such 2009 Budget Amendment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 14 day of September, 2009, by the following vote: REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 257 AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS IN CONNECTION WITH DEDICATION OF BERRY PATCH DRIVE, BLUEBERRY TERRACE AND FARMINGTON PLACE IN FARMINGTON GROVE SUBDIVISION RESOLUTION NO 311, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 516.2003 the Queensbury Town Board authorized the dedication of the continuation of Berry Patch Drive, Blueberry Terrace and Farmington Place in the Farmington Grove Subdivision, such acceptance conditioned on the Town’s receipt of $35,000 cash escrow from T & B Associates, LLC (Developers), and WHEREAS, the Developers provided the Town with the required $35,000 and entered into an Escrow Agreement with the Town, and WHEREAS, as required by the Escrow Agreement, the Town deposited the $35,000 in an interest bearing account, and WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the Developers have completed, to the Highway Superintendent’s satisfaction, the top coat of the roads and has requested that the monies held by the Town be released, and WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held in escrow to the Developers as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to T & B Associates, LLC in connection with the dedication of the continuation of Berry Patch Drive, Blueberry Terrace and Farmington Place in the Farmington Grove Subdivision, which sum shall be the amount of $35,000 plus any earned interest, and REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 258 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr.Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH REMINGTON BAR & GRILL RESOLUTION NO.: 312, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, TLEJ Enterprises (TLEJ) owns and operates the Remington Bar & Grill located at 940 State Route 9, Queensbury, New York, and WHEREAS, TLEJ has applied for a renewal of its liquor license, and WHEREAS, TLEJ has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the renewal of TLEJ’s liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before TLEJ’s liquor license is renewed, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 259 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license that is issued to TLEJ Enterprises is renewed and that the Town Board has no objection to such license being renewed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT AGREEMENT TO INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY RELATING TO MUNICIPAL SOLID WASTE DISPOSAL RESOLUTION NO. 313, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 252,97, the Queensbury Town Board authorized an Intermunicipal Agreement (Agreement) with Warren County regarding the disposal of processible and qualified non-processible municipal solid waste at the Adirondack Resource Recovery Facility which is now known as the Hudson Falls Resource Recovery Facility, and WHEREAS, Warren County has presented the Town Board with an Amendment Agreement to reflect the current disposal fees and billing administration, and WHEREAS, such Amendment Agreement is in form acceptable to Town Counsel is presented at this meeting, REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 260 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Amendment Agreement between Warren County and the Town of Queensbury regarding the disposal of processible and qualified non-processible municipal solid waste in substantially the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Amendment Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTIONAUTHORIZING SUBMISSION OF APPLICATION REQUESTING AID TO PREPARE MASTER DEVELOPMENT PLAN FOR FORMER CIBA GEIGY SITE RESOLUTION NO. 314, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Chazen Companies has prepared and provided the Queensbury Town Board with a 2009-2010 Local Waterfront Revitalization Program Environmental Protection Fund Grant Application relating to the former Ciba-Geigy plant site, and WHEREAS, the Town of Queensbury has identified waterfront revitalization as a goal in the 2008 Hudson River and Champlain Feeder Canal Regional Waterfront Plan and its 2007 Comprehensive Plan, and the Local Waterfront Revitalization Program Environmental Protection Fund Grant addresses this goal, and REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 261 WHEREAS, the Town of Queensbury wishes to create a Master Development Plan for the project site and surrounding environs, and WHEREAS, the Town of Queensbury is requesting $55,000 in State aid and acknowledges the local share is $55,000 to fulfill the Grant as written, and the Town has adequate resources for that funding in unreserved and unallocated fund balances, along with the ability to further solicit monies to decrease the local share, NOW, THEREFORE, BE IT RESOLVED that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to sign and submit the 2009-2010 Local Waterfront Revitalization Program Environmental Protection Fund Grant Application relating to the former Ciba- Geigy plant site as prepared, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any other needed documentation and the Town Supervisor, Town Budget Officer and/or Senior Planner to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009 by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AWARDING BID FOR TOWN WATER DEPARTMENT 1996 EXPANSION ROOF REPAIRS PROJECT RESOLUTION NO. 315, 2009 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Resolution No.: 294,2009, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the Town Water Department’s 1996 Expansion Roof Repairs Project as were more clearly specified in bid REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 262 specifications prepared by Vision Engineering, LLC and in form approved by the Town Water Superintendent, and WHEREAS, the Purchasing Agent, Water Superintendent, Water Department Civil Engineer and Vision Engineering have reviewed the submitted proposals and recommended that the Town Board award the bid to the lowest responsible bidder, Monahan & Loughlin, Inc., and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for the Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 10% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the Town Water Department’s 1996 Expansion Roof Repairs Project to Monahan & Loughlin, Inc., for an amount not to exceed $54,000 to be paid for from Account No.: 040-8330- 2899, and RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation between the Town and Monahan & Loughlin, Inc., in form acceptable to the Town Supervisor, Water Superintendent, Civil Engineer, Town Engineer, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 10% contingency or in the total amount not exceeding $5,400 (for a total project cost of up to $59,400) that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to take any and all actions necessary to transfer $59,400 from unappropriated, undesignated Fund Balance to Account No.: 040-8330-2899 and effectuate such 2009 Budget Amendment, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 263 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009 by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH CARL R’S CAFÉ & RESTAURANT RESOLUTION NO.: 316, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, DeSantis Enterprises, Inc. (DeSantis) owns and operates the Carl R’s Cafe & Restaurant located on 124 Main Street, Queensbury, New York, and WHEREAS, DeSantis has applied for a renewal of its liquor license, and WHEREAS, DeSantis has requested that the Town of Queensbury waive the 30- day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the renewal of DeSantis’ liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before DeSantis’ liquor license is renewed, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 264 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license that is issued to DeSantis Enterprises, Inc. is renewed and that the Town Board has no objection to such license being renewed, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION APPROPRIATING $7,500 TO PAY COST OF PREPARING MAP, PLAN AND REPORT FOR PROVIDING AQUATIC PLANT GROWTH CONTROL SERVICES WITHIN PROPOSED LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 317, 2009 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board (the "Board") is considering forming the Lake Sunnyside Aquatic Plant Growth Control District (the "District") in accordance with Article 12-A of New York Town Law for the purpose of eradicating milfoil and other non-native, invasive aquatic plant species from Lake Sunnyside, and WHEREAS, the Lake Sunnyside Protective Association, on behalf of its members, has requested that the Town Board form such a District, NOW, THEREFORE, BE IT RESOLVED, that, subject to permissive referendum as provided below, the Queensbury Town Board hereby appropriates the sum of Seven Thousand Five Hundred Dollars ($7,500.00) to pay the cost of preparing a general Map, Plan and Report for providing aquatic plant growth control services in the portion of the Town of Queensbury where the District is proposed to be established, and REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 265 BE IT FURTHER, RESOLVED, that if the Town Board establishes the District and contracts for the required services, the expense incurred by the Town for the preparation of the Map, Plan and Report shall be deemed to be part of the cost of the services and the Town shall be reimbursed for the amount paid or such portion of that amount which the Town Board, at a public hearing, allocates against the District, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Engineer, or such other engineer as the Town Supervisor shall choose, to prepare such a Map, Plan and Report within the limits of the amount appropriated therefore, and upon completion thereof to file the Map, Plan and Report in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that this Resolution shall be subject to permissive referendum in accordance with New York Town Law Article 7 and shall not take effect until such time as provided therein, and the Town Board hereby authorizes and directs the Town Clerk to post and publish the notice required for Resolutions subject to permissive referendum. th Duly adopted this 5 day of October, 2009 by the following vote: AYES : Mr. Brewer, Mr. Stec, Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF THTH SEPTEMBER 25 AND OCTOBER 6, 2009 RESOLUTION NO.: 318, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills thst presented as Warrants with run dates of September 24 and October 1, 2009 and respective thth payment dates of September 25, 2009 and October 6, 2009, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 266 RESOLVED, that the Queensbury Town Board hereby approves the Warrants with thst run dates of September 24 and October 1, 2009 and respective payment dates of thth September 25 and October 6, 2009 totaling $303,754.27 and $584,182.28, respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of October, 2009, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 4.0CORRESPONDENCE Monthly Report – August 2009 Building and Codes Tentative 2010 Budget from the Town Supervisor was given to the Town Board Members Supervisor Stec-The Board will have a week or two to go over the Tentative Budget, I do not think there are any drastic changes in this years budget as far as exorbitant new project budgeted for. Budget workshop will be in late October and setting a public ndth hearing on November 2 for November 16 to hopefully approve the 2010 budget. The draft budget is a work in progress, I hope we can improve it and certainly by improving I hope that the Town Board can find some areas that we can maybe tighten it up a little bit. It does provide for no Town Tax in 2010 and for those keeping score that would be the ninth consecutive year that the Town of Queensbury will not have a General Fund Town Tax. The grand total for all funds is $26,881,505.00 That represents a 1.98% increase. Noted the local contribution to the retirement system is up 50% that the State mandates to us. My budget recommendation to the Town Board it includes no salary increases for the Town Board Members including the Supervisor. Projected Fire rate would go up 3 cents per thousand and the projected EMS rate would go down 1.1/2 cents per thousand, the combined effect for fire and ems would be an increase of 1.4%. 5.0TOWN BOARD DISCUSSIONS Ward IV Tim Brewer Councilman 1.I will be the first to say on the Board that I will agree with no raises for the Board Members 2.Feeder Canal Park on Richardson Street-We have received a grant on this project, met with Howard Raymond the President of the Feeder Canal Alliance and Steve Lovering have picked out new picnic tables and benches to put along the walkway. Will be redoing the walk way and excavation work at the site including topsoiling and seeding REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 267 3.Spoke on the Gov-Deals regarding online sales of surplus equipment, very successful project. … Thanked Barbara Tierney for bring this plan forward. Ward III John Strough Councilman 1.Spoke on the new Glens Falls Project of using grease to burn sludge at their treatment plant…they will receive a 1.3 million dollar federal stimulus fund to pay for an upgrade in the sludge incinerator at the Glens Falls Wastewater Treatment Plant… 2. Thank you to the Beautification Committee members Paul Lorenz, Karen Dougherty, Lise Fuller, Marylee Gosline, Greg Greene, Drew Monthie, and Betty Monahan we apologize if we forgot someone…Bob Eddy for getting the committee going. 3.Reported on the Fire Marshal Activity Report – refreshed the importance of refraining from outdoor burning. – responsibilities of the Fire Marshal: Business Inspections, CO Inspections, Solid Fuel and Re-inspections of Commercial Occupancies Thanked the Fire Marshal’s Office for making the Town safe place to live. 4.Fall pickup-Bag leaves and grass in biodegradable bags any questions on the ndth pickup call 761-8211 Dates for pickup Ward IV November 2 through 6 ththth Ward III November 9 through 13 Ward I and II November 16 through th 20 5.Queensbury Senior Citizens – 55 or Older – listed activities contact the center at 761-8224. Ward II Ronald Montesi Councilman 1.Introduced Mr. Macchio- Thanked you for the nice work that you have done on the mountain. 2.Discussed Sidewalks in Ward II walked the area on Garrison, some want them others don’t I am not sure where we are on that. In another area we took up the sidewalks due to their condition, replaced by grass. 3.Working on stormwater management issue are being worked on. 4.Thursday we will be paving Wincrest Drive Ward I Anthony Metivier 1.Will start paving Assembly Point on Tuesday…on the back of Assembly Point there is a road that is town owned it is not paved or graveled, it was recommend by the Fire Dept. to do something with that area so they can get fire apparatus through this road…the work started but was stopped before the it was finished, some neighbors said we were trespassing, from the survey that was done on the project we feel that the town was in its right to do what we did, at this point we made an attempt to get fire apparatus through, we were going to place a barrier up which would only allow individuals with access to keys to drive the road. Noted there is only one in and out to Assembly Point we were trying to make a second egress. Supervisor Stec-Noted that for years residents of that area had been asking for another egress… 2.Announced the Power of Pink Soccer Game between the Queensbury Spartans th and the Glens Falls Indians Oct. 13 at Queensbury School 4:15P.M. all benefiting Breast Cancer Awareness Supervisor Stec 1.Thanked TV-8 and our Sponsors for televising our meetings for the last six years 2.Our website is www.queensbury.net very informative REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 268 3.The State Comptroller’s Office has been conducting a Technology Risk Assessment of the Town, they were here for five or six business days, they seem to be pretty satisfied and impressed with what Ryan in the IT Dept. has done over the last several years as far as securities and protocol and policies, we have a little more work to do but they told me they selected us because they knew that Queensbury was one of the bigger towns in this part of the State… th 4.The Glen Lake dock will be installed on October 8 at the towns boat launch next to the Docksider. 6.0 EXECUTIVE SESSION RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 319.2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to discuss a litigation update from Town Counsel Mark Schachner. th Duly adopted this 5 day of October, 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. 320.2009 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 adjourns its Executive Session. th Duly adopted this 5 day of October, 2009 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 321, 2009 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. REGULAR TOWN BOARD MEETING 10-05-2009 MTG. #35 269 th Duly adopted this 5 day of October, 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