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2010-03-01 MTG. #9 TOWN BOARD MEETING 03-01-2010 MTG. #9 1 TOWN BOARD MEETING MTG. #9 MARCH 1, 2010 RES. 125-132 7:00 p.m. TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI-ABSENT COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STEC 1.0PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) Mr. Pliney Tucker-Councilman Metivier, regarding the statement made that if you violated the 1103 law that you would be arrested and go to jail. Councilman Metivier-I do not know if that is the case but I do know that we cannot break a law. We took an oath to follow the law how can you break one, knowing that we are breaking one. I do not know if we will go to jail but I do not know what the consequences are but I do not want to find out either. Mr. Tucker-Do you have that in writing? Councilman Metivier-We talked about this before, we cannot violate the law. Mr. Tucker-I heard a rumor that the traffic ticket was reduced on the driver do you know anything about it? Supervisor Stec-I was told that the drivers traffic issue was plead down to a parking on pavement, with a fine, you can read about this in tomorrow’s newspaper. Mr. Tucker-I heard that information was passed onto the insurance company, in a letter of recommendation from you. Supervisor Stec-The Town Board and I have aggressively encouraging our insurance company to do the right thing here. We are doing everything we can to see that justice happens here, sooner rather than later. The wheels of government, insurance and courts sometimes do not turn as fast as everything else. Mr.Tucker-You are running for congress? Supervisor Stec-That is what we have been talking about, yes. Mr. Tucker-Will you resign your position that you have now? Supervisor Stec-No. I do not have any intention to do that. Mr. Tucker-Your supervisor’s position is a full time job. Supervisor Stec-It is. Mr. John Salvador-North Queensbury-re: snowplow incident, how would this scenario be handled if a town employee was involved in an accident driving their own vehicle? Using their own vehicle on town business. Supervisor Stec-The complications that an emergency vehicle as defined by certain sections of the law, if someone is on the way to a conference in his own vehicle would not fall into that category that we are in right now. TOWN BOARD MEETING 03-01-2010 MTG. #9 2 Mr. Salvador-Lets say there is a wrongful death involved how are we taxpayers covered from any claims? Councilman Metivier-There is coverage. Mr. Salvador-Homer Avenue drainage project, spoke about creating an improvement district, it seems the thought is we convert what we had going to support the creation of an improvement district. This is an all together different process. The Board must adopt a resolution setting a budget, to do the preliminaries. Has a budget been established? Councilman Metivier-Not yet. Supervisor Stec-We have not started down the path of creating a district. Mr. Salvador-You have done work that will be used. Have you segregated the costs? Supervisor Stec-If we need to account for them separately we can. Mr. Salvador-The cost incurred to date whether you go to the scheme of the easements or improvement districts, those costs become part of the project. Supervisor Stec-Just like any other district we do. Mr. Salvador-Even if it isn’t a district formation those costs are part of the project, they should not be borne by the general fund. Supervisor Stec-If we form a district those costs would be correctly rolled into the project, if it is not formed the general fund eats it. Mr. Salvador-My point is that if you establish a budget to do this work there is a cap on what you spend, right now there is no cap, you do not know to this date what the costs might be. One more point, if you do form a district you will have to do a SEQRA, and I think when you do that you will find out that the problems that exist within the drainage corridor are right across town. Anyway you do it you are going to solve a problem dealing with Homer Avenue and you are going to create a problem somewhere else. Regarding SEQRA read from Appellate decision - the ramifications up and down stream of this project are endless and they will have to be addressed in a SEQRA report. I am not convinced that the proposal will work. Mr. David Bruno-Queensbury-Update on Angio Dynamics their four story building on Exit Six in Latham is really a testament to a growing business and the competition up and down 87 for economic development. Hopefully we have something in place similarly to draw economic development to Queensbury. I have not seen a whole lot of good jobs come into the community in a long time and to lose jobs is a tragedy. Resolution two st about amending Chapter 136 establishment of sewer rents it is March 1 is this a surprise to us were we caught unaware that we were going to have to raise sewer rates in 2010? Supervisor Stec-We do not have to raise sewer rates our Sewer District Superintendent would like to move along the lines of consolidating two districts. In consolidating the two districts right now they do not have identical rates so that is one of the things this would accomplish. It could wait until next year if it has to. st Mr. Bruno-On December 21 the Board amend the resolution authorizing issuance of three million dollars in bonds for Main Street do we know where that is at? Supervisor Stec-Yes, Main Street is out to bid and is going to be constructed over the next two years. Mr. Bruno-You didn’t use any of that for the half million that we spent for water? Supervisor Stec-Not all of the money that is being spent on Main Street is bonded, it is something that has been talked about for years. TOWN BOARD MEETING 03-01-2010 MTG. #9 3 Mr. Bruno-How is the water down in Jenkinsville, has that been fixed? Supervisor Stec-What about the water in Jenkinsville? Mr. Bruno-Contaminated from the dump, ground water? Supervisor Stec-Allegedly? News to me. There is no evidence out there that we are aware of that there is a problem down there. Mr. Bruno-That is good to know. 2.0RESOLUTIONS RESOLUTION ADDING ELLIS MOUNTAIN TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 125, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add “Ellis Mountain,” a private roadway located off of 1135 West Mountain Road, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Ellis Mountain” to the Town of Queensbury’s list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department to arrange for installation of the necessary poles and street signs identifying “Ellis Mountain,” and BE IT FURTHER, TOWN BOARD MEETING 03-01-2010 MTG. #9 4 RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. st Duly adopted this 1 day of March, 2010, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE ANNUAL CHARGES FOR CENTRAL QUEENSBURY/QUAKER ROAD SEWER DISTRICT AND HILAND PARK SEWER DISTRICT RESOLUTION NO. 126, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2010 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents," which Local Law would modify the annual sewer rent rates in the Central Queensbury/Quaker Road Sewer District and Hiland Park Sewer District, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, TOWN BOARD MEETING 03-01-2010 MTG. #9 5 th March 15, 2010 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: __ of 2010 in the manner provided by law. st Duly adopted this 1 day of March, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi LOCAL LAW NO.: ___ OF 2010 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE ENTITLED "ESTABLISHMENT OF SEWER RENTS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Article XXIV, entitled “Establishment of AC Sewer Rates,” subsections and , are hereby amended as follows: §136-137. Annual charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below: A. Annual charges pursuant to §136-135 hereof for the Central Queensbury/Quaker Road Sewer District: (1)For residential properties: For zero to 13,000 gallons of metered water $30 usage, the charge shall be $25 quarterly for each residential unit, $4.50 plus $3.50 per thousand gallons of water consumption in excess of 13,000 gallons per quarter as indicated by the current water meter TOWN BOARD MEETING 03-01-2010 MTG. #9 6 readings, billed on a quarterly basis. $6.00 (2)For nonresidential properties: $5.75 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. C. Annual charges pursuant to §136-135 hereof for the Hiland Park Sewer District: (1)For residential properties: For zero to 13,000 gallons of metered water $30 usage, the charge shall be $25 quarterly for each residential unit, plus $4.50per thousand gallons of water consumption in excess of 13,000 gallons per quarter as indicated by the current water meter readings, billed on a quarterly basis. (2)For nonresidential properties: $6.00per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENTS OF BROADACRES, CARLTON DRIVE AND LYNNFIELD DRIVE PROJECT AREA FACILITIES - QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 127, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION TOWN BOARD MEETING 03-01-2010 MTG. #9 7 SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District’s water transmission facilities by replacing water mains onCarlton Drive to Aviation Road area, Broadacres in the Hughes Court area, Lynnfield Drive, Moorwood Drive, Crestwood Drive, Pinewood Avenue, Sunset Drive, Westmore Avenue and a small section of Buena Vista Drive, all in accordance with Town Law §202-b, and WHEREAS, C.T. Male Associates, P.C., professional engineers, have prepared an Engineer’s Report (the “Map and Plan”) concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, and WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, although the Town of Queensbury is a Town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202- b(5), NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The proposed improvements are to eliminate the remaining areas in the Queensbury Water District that are served by asbestos cement pipe and eliminate problems in the same areas caused by old unlined cast iron pipe as follows: (a) replacement of existing asbestos cement (ACP) and cast iron water mains with class 52 (heavy wall) ductile iron pipe (DIP) and appurtenances as allowed by Queensbury Water Department Design & Construction Standards; and (b) replacement of service laterals to individual property lines with ¾” (or the same size that currently exists) copper pipe. TOWN BOARD MEETING 03-01-2010 MTG. #9 8 2. The maximum amount proposed to be expended for such improvements is $1,943,754.00. 3. The cost of the improvements will be paid from the current funds in the Capital Reserve Fund of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one or two-family home will not be increased and may decrease as a result of the Project. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, March 15, 2010 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. st Duly adopted this 1 day of March, 2010 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING TOWN CLERK TO OPEN AND MAINTAIN BANK ACCOUNT FOR ELECTRONIC FUND TRANSFERS IN CONNECTION WITH THE CAPITAL DISTRICT DDSO RESOLUTION NO.: 128, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier TOWN BOARD MEETING 03-01-2010 MTG. #9 9 WHEREAS, New York State, in an effort to reduce spending, has directed that the Capital District DDSO (DDSO) make any of its payments electronically, and WHEREAS, the DDSO has notified the Town of Queensbury’s Receiver of Taxes th of such directive and that as of February 28, 2010, the DDSO must make all payments to the Town electronically, and WHEREAS, the Town’s Tax Receiver wishes to open and maintain a bank account for electronic fund transfers for the Capital District DDSO, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Clerk to open and maintain a bank account for electronic fund transfers between the Town Clerk’s Office and the Capital District DDSO, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to complete any necessary documentation to open and maintain such account and authorizes and directs the Town Clerk and/or Town Supervisor to take any other action necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of March, 2010 by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING TOWN SUPERVISOR TO CONSENT TO FORMATION OF A REDEVELOPMENT COMPANY TO PURCHASE AND RENOVATE JOHN BURKE APARTMENTS AND SETTING PUBLIC HEARING ON PROPOSED AGREEMENT FOR PAYMENTS IN LIEU OF TAXES (“PILOT” AGREEMENT) FOR JOHN BURKE APARTMENTS RESOLUTION NO.: 129. 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION TOWN BOARD MEETING 03-01-2010 MTG. #9 10 SECONDED BY: Mr. Anthony Metivier WHEREAS, Liberty Affordable Housing, Inc. (Liberty), a not-for-profit corporation, proposes to form a redevelopment company to purchase and renovate the John Burke Apartments in Queensbury, all in accordance with Article V of the New York State Private Housing Finance Law (PHFL), and WHEREAS, John Burke Apartments is a 227-unit apartment community providing housing for low-income residents of the Town, with rents subsidized by the United States Department of Housing and Urban Development, and WHEREAS, John Burke Apartments was constructed approximately 40 years ago and is in need of substantial repairs and renovations, and WHEREAS, under the PHFL, the consent of the Town Supervisor is needed for formation of a redevelopment company to buy and renovate John Burke Apartments as proposed by Liberty, and WHEREAS, in order to obtain financing of over $6 million for planned renovations to John Burke Apartments, Liberty must obtain Town Board approval of a proposed agreement for periodic payments in lieu of taxes on John Burke Apartments by the proposed redevelopment company, and WHEREAS, the Town will not be providing any funds or financing to the redevelopment company for the purchase, repairs, renovations or operation of John Burke Apartments, and WHEREAS, the Town Board has considered Liberty’s proposal for acquiring and renovating John Burke Apartments and believes the project would benefit the residents of John Burke Apartments and would be a benefit to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to consent to the formation of a redevelopment company as proposed by Liberty Affordable Homes, Inc., and sign any required document evidencing such consent, for the purpose of enabling the redevelopment company to acquire and renovate John Burke Apartments, all in accordance with Article V of the New York State Private Housing Finance Law, and BE IT FURTHER, TOWN BOARD MEETING 03-01-2010 MTG. #9 11 RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on th Monday, March 15, 2010 to hear all interested persons concerning the draft Agreement proposed by Liberty Affordable Homes, Inc. for periodic payments in lieu of taxes on John Burke Apartments by the redevelopment company, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public Hearing on the Town’s bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor, and/or Town Counsel to take such other actions and give such other notice as may be necessary or appropriate in preparation for the Public Hearing set by this Resolution st Duly adopted this 1 day of March, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi Discussion held before vote: Councilman Brewer-Questioned if at the next workshop will the Board be reviewing the PILOT with the Town Counsel? Supervisor Stec-If the Board wants to and if Mike is available we can. This resolution would authorize me to sign a consent formation for the redevelopment company in order to allow that process to move th forward. Secondly this would set a public hearing for March 15 on a Pilot Agreement. Town Counsel Mike Hill-The Pilot Agreement is for thirty one years, the length of the term of the financing. Supervisor Stec-John Burke Apartments is about forty years old with two hundred and twenty seven units this would not change the current mix or current number of units it would allow for. It is a financing scheme by Liberty who is managing and owning the properties to basically go in and do a lot of fix up work on all of the units and basically update it to current standard and make it a more healthy development. If we do not want to approve the Pilot Agreement or not comfortable in being the supervising agency that if we did not act to approve the Pilot then that would kill the project. The Board Members are concerned to a varying degree over the Town becoming the supervising agency. Councilman Strough-In approving this consent to the formation of a redevelopment company to the purchase and renovate John Burke Apartments doesn’t obligate us at this point in time to be the supervising agent, that would happen when all is said and done? Town Counsel Hill-By consenting that is a step that is taken by the supervising agency so to that extent if you are consenting to the formation of the redevelopment company but again if TOWN BOARD MEETING 03-01-2010 MTG. #9 12 information that we receive within the next two weeks regarding the responsibilities of the supervising agency or the costs that may come to the town in terms of insurance premiums and other things if those lead you to believe that it would not be wise for the Town to continue this course with regards to the proposed project then by disapproving of the Pilot Agreement the project would be terminated and the towns responsibilities would end. RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF ND MARCH 2, 2010 RESOLUTION NO.: 130, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills th presented as a Warrant with a run date of February 25, 2010 and payment date of March nd 2, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with thnd the run date of February 25, 2010 and payment date of March 2, 2010 totaling $556,165.98, 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. st Duly adopted this 1 day of March, 2010, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND PYRAMID MALL OF GF NEW CO., LLC CONCERNING AVIATION ROAD PROPERTY (FORMER SITE OF HOWARD JOHNSON’S HOTEL) OR AUTHORIZING TOWN COUNSEL TO COMMENCE ACTION IN SUPREME COURT RESOLUTION NO.: 131, 2010 TOWN BOARD MEETING 03-01-2010 MTG. #9 13 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Pyramid is the legal owner of certain property located at 524 Aviation Road in the Town of Queensbury (Tax Map No.: 302.5-1-96.1) which was the former site of a Howard Johnson’s hotel (Property), and WHEREAS, the Property has not been used as a hotel since approximately 1999, and rd WHEREAS, on February 3, 2010, Representatives of the Town of Queensbury, including, but not limited to, the Town’s Fire Marshal, Director of Building and Codes Enforcement and Town Health Officer, met with representatives of Pyramid and toured the abandoned structure, and WHEREAS, the parties agreed that the Property should be demolished in a safe and timely manner, and WHEREAS, the Property is currently boarded and is in deteriorating condition and is not suitable for rehabilitation, and WHEREAS, the Town has determined that the Property is or will become an attractive nuisance posing a considerable public health risk, and th WHEREAS, by letter dated February 24, 2010, the Town of Queensbury’s Health Officer opined that the structure is a health hazard due to wild animal population (rats), general uncleanliness and public nuisance and that the abandoned outdoor pool is a potential breeding ground for mosquitoes, and WHEREAS, Pyramid has requested that the Town forego any condemnation proceedings or enforcement action in exchange for its agreement to demolish the premises, WHEREAS, the Town and Pyramid wish to enter into an Agreement regarding this matter, and WHEREAS, the Town Board believes it to be in the public interest to authorize such Agreement substantially in the form presented at this meeting, and TOWN BOARD MEETING 03-01-2010 MTG. #9 14 WHEREAS, the Town’s Fire Marshal and Director of Building and Codes Enforcement are charged with enforcement of the Town’s Property Maintenance Codes and have recommended that if Pyramid does not agree to the timely abatement of the Public Nuisance including demolishing the unsafe structures, the Town Board commence a Supreme Court action against Pyramid to require conformance with the Town’s Property Maintenance Codes, and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, if Pyramid does not execute the Agreement substantially in the form presented at this meeting, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief requiring that the property be immediately secured and thereafter demolished in a timely fashion, or allowing the Town to do so and the charges assessed against the owner and made a lien against the property, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and Pyramid Mall of GF New Co., LLC substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that if the Agreement between the parties is not finalized within 10 days of the date of this Resolution, the Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against Pyramid Mall of GF New Co., LLC concerning the property located at 524 Aviation Road in the Town of Queensbury (Tax Map No.: 302.5- 1-96.1) as referenced in the preambles of this Resolution, and BE IT FURTHER, TOWN BOARD MEETING 03-01-2010 MTG. #9 15 RESOLVED, that the Town Board authorizes and directs the Town’s Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs Town Counsel to file any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement, Fire Marshal and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. st Duly adopted this 1 day of March, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi Discussion held before vote: Supervisor Stec-The Town Staff and our Public Health Officer and Representatives of Pyramid Company and Town Counsel Radner, Councilman Strough and myself toured the property. Before the tour Pyramid would like to and has promised to tear down the old Howard Johnsons Hotel. They asked for enough time to deal with asbestos issues, need a plan and study and qualified people to handle the asbestos. We are concerned and discussed this with Pyramid and their local counsel that they do not have a great track record with timeliness and follow through and for those reasons we wanted to put some penalties in place in the agreement. Their Attorney gave their red line version of the agreement…the Board will be informed of any changes to the agreement before I will sign st the agreement. They asked for an October 1 deadline, all the Board wanted a shorter one, st we proposed an August 31 deadline, they came back today that they prepared the October st 31 deadline. Councilman Brewer-I prefer the August deadline…Supervisor Stec-We proposed a thousand dollars a day if they don’t have it down, they are expressing concern with that. The second half of the resolution would authorize Town Counsel to commence Supreme Court Action if we do not have an agreement with them in ten days from now. There is risk in going to Court….We will continue to work with Pyramid to strike an agreement that works for all of us. Councilman Brewer-We brought this up a month ago, they have had ten years they have owned the building and done absolutely nothing with it in my opinion on the record, that you can tell Pyramid that there is one Councilman will not agree to anything later than August. If they had a buyer and wanted to develop that they could do it. That is an entrance to the Town of Queensbury and it looks crappy, to be polite. They have got to do something, I do not want to do it on their terms I want to do it on our terms, if it takes fighting then we fight, in my opinion. Supervisor Stec-I couldn’t agree with you more I will not sign anything without you all seeing what it is. 3.0 CORRESPONDENCE NONE 4.0 TOWN BOARD DISCUSSIONS TOWN BOARD MEETING 03-01-2010 MTG. #9 16 WARD IV TIM BREWER ? Want to set up a link on our Website for the 2303 people in Queensbury that the State is holding their money… Supervisor Stec-This is not just a Queensbury issue it is every municipality in the State, if you have an old security deposit or cancelled insurance policy or power bill, eventually when they cannot figure out where to pay it, the money makes it way to an account that the State Comptrollers Office controls and they have a list for each municipality and you can search your name and find out if the State is holding money for you…they are trying to raise public awareness so they can return the money to its rightful owners. If you are on the list there is at least fifty dollars waiting for you. WARD III JOHN STROUGH ? Queensbury Post-listing events for seniors 55 and older. wwwseniorsonthego.org th next month they will have their 30 Anniversary Luncheon call for more information 761-8224 ? Warren County Soil and Water Conservation Dist. Annual report of 2009..reviews all their activities to protect and improve the environment. Thanked Dave Wicks and Jim Leiberum WARD I ANTHONY METIVIER ? Councilman Strough and myself met with a group of business owners in Queensbury to try to come up with ways to promote Queensbury. It was a great meeting and we have another one coming up this Wednesday night … the idea is to fill beds and to get people to come in off season. … We want involvement within the Community if anyone has any ideas or if you want to join us please contract myself of Councilman Strough. Councilman Strough-I have a draft of all the things that the Town of Queensbury offers their visitors … Councilman Metivier-There are conventions that the Chamber of Commerce goes to that the purpose is to promote conventions in town, we have nothing in this town to hand out during the conventions, the sky is the limit if we really want to put this together to promote Queensbury. We are also looking into a website, we have a great website for the Town of Queensbury but it does not promote Queensbury, it is a great tool for people in Queensbury but we are looking at the next step to have people say Queensbury New York and yes we have the lake and yes we have nice things in Glens Falls but we also have Queensbury, that is what we are working on doing. ? Remember to stay off the ice in Lake George because it is not safe, this year it is doing very strange things which I cannot figure out. Be careful if you adventure out onto the ice and just watch where you are walking. SUPERVISOR STEC ? Thanked TV8 and our sponsors…over seven years ago we were the first town in the region to televise our meetings ? The Town has a very good website www.queensbury.net ? Spoke on possible local law on sex offenders housed in local motels/hotels Lake Luzerne is working on a local law on sex offenders, if a hotel wants to house sex offenders they would have to be licensed and they have to agree to a certain set of rules among them is a cost for the license, and limited numbers to be housed in a given hotel and posting requirement for the public. Colonie has had a local law for the past eight months regarding this, our Town Counsel is looking into this … TOWN BOARD MEETING 03-01-2010 MTG. #9 17 RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 132, 2010 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 Town Board Meeting. st Duly adopted this 1 day of March, 2010 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury