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2010-04-05- MTG#13 REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 722 REGULAR TOWN BOARD MEETING MTG#13 APRIL 5, 2010 RES# 151 7:00 P.M. B.H. 5-7 RD#807 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS PRESS SUPERVISOR STEC-Opened meeting. P R O C L A M A T I O N WHEREAS , the Queensbury Town Board wishes to recognize Kathy and Dennis Franklin, and WHEREAS, the generous donation of approximately fifty acres of land to the Town of Queensbury by Kathy and Dennis Franklin is worthy of extraordinary recognition, and WHEREAS , the Queensbury Town Board wishes to recognize the significance of this parcel to the betterment of the Town’s residents’ quality of life, and the Town’s natural and social environments, and WHEREAS , the Town Board is compelled to list some of the reasons we are appreciative of this donation. This parcel enables the furtherance of the Town's effort to both conserve and provide public access to beautiful land, open space, and significant flora and fauna habitat in the Rush Pond preservation area, and WHEREAS , the land donated by the Franklins also allows for the expansion of various recreational opportunities for the residents of this Town, such as, hiking, biking, canoeing, kayaking, bird watching, fishing and picnicking. NOW THEREFORE BE IT PROCLAIMED, that the Queensbury Town Board hereby expresses sincere gratitude to Kathy and Dennis Franklin for their generous donation of beautiful land to the Town of Queensbury for the future use and enjoyment of this wonderful natural asset by the Town’s residents. GIVEN under the SEAL of the Town of Queensbury this fifth day of April 2010. _____________________ ___________________ ____________________ DANIEL STEC ANTHONY METIVIER RONALD MONTESI _________________________ _________________________ JOHN STROUGH TIMOTHY BREWER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 151, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 723 SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 5 day of April, 2010, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF THOMAS VANNESS RESOLUTION NO.: BOH 5, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Thomas VanNess has applied to the Local Board of Health for a variance from Chapter 136 to install a leaching system 1’6” from the property line in lieu of the required 10’ setback on property located at 5 Ohio Avenue 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, April 19, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Thomas VanNess’ sewage disposal variance application concerning property located at 5 Ohio Avenue in the Town of Queensbury (Tax Map No.: 309.13-1-62) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 724 NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ARTHUR RIVERS RESOLUTION NO.: BOH 6, 2010 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, Arthur Rivers has applied to the Local Board of Health for variances from Chapter 136 to allow placement of the: 1.leech field 4’ from the property line in lieu of the required 10’ setback; and 2.leech field 2’ from the water line in lieu of the required 10’ setback; and 3.septic tank 8’ from the water line in lieu of the required 10’ setback; on property located at the corner of Ohio and Central Avenues 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, April 19, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Arthur Rivers’ sewage disposal variance application concerning property located at the corner of Ohio and Central Avenues in the Town of Queensbury (Tax Map No.: 309.9-1-87) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 725 NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 7, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 5 day of April, 2010 by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough Noes: None Absent:None 2.0PRIVILEGE OF THE FLOOR TAMMY SULLIVAN, HOMER AVENUE-Spoke to the board regarding the formation of a district. SUPERVISOR STEC-Spoke regarding the background of this, a week ago Councilman Montesi and myself had a conference call with Mr. McCall does not think they made significance progress another call has been scheduled for tomorrow afternoon. The resolution for tonight would authorize getting our Engineer started on formally putting together the Map, Plan and Report to form a district. MS. SULLIVAN-Questioned at what point is it too late? SUPERVISOR STEC-It is never too late we do not form the district until we vote after the public hearing to form a district. MS. SULLIVAN-Questioned if the Town still pays a portion of this if it is a district? SUPERVISOR STEC-No, that is one of the things we pointed out. Frankly that might be one of the things to move this along is that the Town’s participation, which is part of Option A legally could not be part of Option B. It would cost those who are in the district that were formally splitting seventy five percent of the cost they will now be essentially splitting almost one hundred percent of the cost to the other properties in the district. MS. SULLIVAN-Questioned how long it takes to put together the Map, Plan and Report? SUPERVISOR STEC-It might take the Engineer until April to have it ready we might be setting the public hearings for the back half of May. COUNCILMAN BREWER-We cannot do the work until the flow is down in the ground. SUPERVISOR STEC-We still have time to do this from a perspective of the calendar when is the best time to do this the lowest flow August, September time frame. MS. SULLIVAN-Asked if forming the district would it delay anything? SUPERVISOR STEC-This should happen long before that. REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 726 MS. SULLIVAN-Questioned if it is a district how would you get onto the property to do this? SUPERVISOR STEC-There is mechanisms if someone wants to oppose the formation of a district there are all kinds of options we would still be working with easements. COUNCILMAN BREWER-We have a game plan. COUNCILMAN STROUGH-If a district is the ultimate object that we have to go with that route it means you and many others are going to be paying for this even though you didn’t cause it you are feeling the impacts of it, thinks this is unfair thinks that the money that they are putting towards the Map, Plan and Report, Attorney fees could be going to fix the problem. SUPERVISOR STEC-The preferred option is and always has been Option A. MS. SULLIVAN-Does he have an open ended time frame? SUPERVISOR STEC-There are no guarantees on time line. The five of us are doing everything we can to make sure that it doesn’t go on through another winter and spring melt. PLINEY TUCKER, 41 DIVISION ROAD-Asked why the Town was putting in blacktop at the Transfer Station on Luzerne Road. COUNCILMAN BREWER-Kubricky is the contractor on site they are employed by the City. We asked the City and Engineers if we could get more room on the north side of the compactor we needed some more feet to be able to work there. We would pay our portion of this and then when it happens we would ask the Highway Department to pave that they have done this in the past. PLINEY TUCKER-Originally all the land belonged to the City. COUNCILMAN BREWER-It still does. MR. TUCKER-Questioned if this will change hands? SUPERVISOR STEC-No. MR. TUCKER-Questioned if and when they decide to sell it. COUNCILMAN BREWER-We cannot sell something we do not own the City owns this. MR. TUCKER-Owns the land. SUPERVISOR STEC-We have a lease. COUNCILMAN BREWER-Correct. MR. TUCKER-Everything else the Town owns. SUPERVISOR STEC-Yes, the equipment we own. MR. TUCKER-Asked the status of the Honey Do Man they were they suppose to meet with the Attorney? SUPERVISOR STEC-The Attorney has been trying to talk to the Insurance Company has not heard anything from Insurance Company or our Attorney as to their position thinks this will probably go to court. REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 727 MR. TUCKER-It was supposed to happen last Friday it was cancelled asked if Supervisor Stec will contact someone regarding this matter? SUPERVISOR STEC-Yes. JOHN SALVADOR-Spoke to the board regarding the Honey Do situation going to court asked who are the parties involved? SUPERVISOR STEC-The Town is being sued by the owner of the vehicle. MR. SALVADOR-Spoke to the board regarding the Homer Avenue Drainage District asked who has defined the scope of work for the Map, Plan and Report. COUNCILMAN METIVIER-It is part of the Map, Plan and Report this has to be defined in part of the process of the Map, Plan and Report. MR. SALVADOR-Questioned who defines the boundaries of the district? SUPERVISOR STEC-The Town Board. MR. SALVADOR-You have the cart before the horse. COUNCILMAN METIVIER-They do have to define who will be impacted we don’t know that yet. Hopefully when it is completed or before then we will have more of an idea of who will be impacted. MR. SALVADOR-Spoke regarding the State Constitution Article I the Bill of Rights read Section 7 of the Bills of Rights into the record. Asked if the ten thousand dollars for the Map, Plan and Report is only for engineering. COUNCILMAN METIVIER-Correct. MR. SALVADOR-Attorney fees. COUNCILMAN MONTESI-All of those costs will go into it the Town will be reimbursed for its in house Attorney and also for its Engineering. MR. SALVADOR-Questioned what happens if the district isn’t formed. SUPERVISOR STEC-The general fund like any other district formation if it doesn’t get formed then the general fund eats it. MR. SALVADOR-Spoke regarding the Comptrollers Audit of the Town. SUPERVISOR STEC-Every Town in the County. MR. SALVADOR-Asked if this is progressing has he heard anything. SUPERVISOR STEC-They conducted this in every Town in the County right before the end of the year it stemmed from cash flow concerns at the County. They went to all the Receivers of Taxes of the eleven Town’s in the County they were here two days before Christmas we haven’t heard anything from them since. All indications are that they had no problem with the way that Darleen Dougher was doing her job collecting the taxes and remitting it to the County. The State Comptroller has set up shop and has been in the County Municipal Center for almost eight months this is one of the things that stemmed from that at our invitation we invited them in to take a look at our operations at the County. 3.0RESOLUTIONS REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 728 RESOLUTION AUTHORIZING REQUEST FOR QUOTES REGARDING SALE AND REMOVAL OF MISCELLANEOUS SCRAP METAL RESOLUTION NO.: 152, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to arrange for the sale and removal of miscellaneous scrap metal located at the Town of Queensbury Transfer Station on Luzerne Road, Queensbury, and WHEREAS, the Purchasing Manager and Landfill Equipment Operator have prepared a Request for Quote regarding the Town’s sale of scrap metal, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes the sale and removal of miscellaneous scrap metal located at the Town of Queensbury Transfer Stations in Queensbury, consistent with the terms of the Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further approves and authorizes the Request for Quote form substantially in the form presented at this meeting and further authorizes and directs the Town Purchasing Manager to issue such Request for Quote to qualified companies regarding the sale and removal of miscellaneous scrap metal, and BE IT FURTHER, RESOLVED, that once the quotes are received and reviewed by the Town Purchasing Agent and/or Landfill Equipment Operator, the Town Board authorizes and directs the Town Supervisor to enter into and execute an Agreement for the sale and removal of miscellaneous scrap metal with the qualified business submitting the highest quote for payment of such sale and removal, such Agreement being substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that any funds obtained from the sale and removal of miscellaneous scrap metal shall be deposited in the appropriate Town Account(s), and REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 729 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Landfill Equipment Operator, Purchasing Agent and/or Town Budget Officer to obtain quotes from time-to-time in order to maximize Town revenue from the sale and removal of miscellaneous scrap metal without additional Town Board Resolutions or approvals, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Landfill Equipment Operator and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS RESOLUTION NO.: 153, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 248,2009, the Queensbury Town Board authorized submission of an application for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of $8,324.90, and WHEREAS, the Town Board wishes to accept such grant funds and establish appropriations and estimated revenues for the grant award, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 730 RESOLVED, that the Queensbury Town Board hereby accepts the $8,324.90 in grant funds from the New York State Office of Court Administration (OCA) as set forth in the preambles above and authorizes and directs the Town Supervisor to execute any needed grant acceptance form and/or any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of $8,324.90 for such grant funds as follows: ? Increase Appropriation 001-1110-2010 Town Justice Office Equipment by $8,324.90; ? Increase Revenue 001-0000-53021 State Aid, Court Facilities by $8,324.90; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor, Town Court Clerks and/or Town Budget Officer to take all other action necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION ADDING BITTERSWEET LANE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 154, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 731 WHEREAS, the Town Board wishes to add “Bittersweet Lane,” a private roadway/shared driveway located off of 719 Luzerne Road, to the Town’s list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds “Bittersweet Lane” 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 “Bittersweet Lane,” and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND VELO QUEBEC VOYAGES RESOLUTION NO.: 155, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has received a request for occupancy tax funding from Velo Quebec Voyages regarding a cycling tourism event called The Grand Tour” thth which event will be held from August 7 – August 13, 2010 from Queensbury, New York to Saint-Hyacinthe, Quebec, and REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 732 WHEREAS, such event is expected to draw approximately 2,000 participants and supporters to the Town of Queensbury and the surrounding area’s hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Velo Quebec Voyages in the amount of $2,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Velo Quebec Voyages has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Velo Quebec Voyages regarding a cycling tourism event called The Grand Tour” thth which event will be held from August 7 – August 13, 2010 from Queensbury, New York to Saint-Hyacinthe, Quebec and authorizes the Agreement between the Town and Velo Quebec Voyages substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $2,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 733 RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF BARTLETT, PONTIFF, STEWART & RHODES, P.C. AND PREFERRED ADVOCATES, LTD. FOR CONTRACT NEGOTIATIONS BETWEEN THE TOWN AND QUEENSBURY CHAPTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 156, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town Board wishes to engage Bartlett, Pontiff, Stewart & Rhodes, P.C. (BPSR) and Preferred Advocates, Ltd. to serve as the Town’s legal representative during the negotiation process between the Town and the Town Chapter of the Civil Service Employees Association, Inc. (CSEA) for a new Union contract in accordance with BPSR th and Preferred Advocates, Ltd.’s February 8, 2010 letter-form proposal, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the services of Bartlett, Pontiff, Stewart & Rhodes, P.C. and Preferred Advocates, Ltd. for the provision of legal services to the Town limited to the negotiations between the Town and the Town of Queensbury Chapter of the Civil Service Employees Association, Inc. for a new Union contract consistent with the letter-form proposal dated th February 8, 2010, and BE IT FURTHER, RESOLVED, that the cost of such services shall be as follows: ? $5,000.00 for the first month of representation; ? $2,500.00 per month or any partial month (up to six months) thereafter until fact-finding or until the contract is completed, whichever occurs first; ? If negotiations lead to fact finding, then the Town and BPSR and Preferred Advocates, Ltd. would agree on an appropriate, additional flat fee depending on the number of issues at fact-finding or BPSR and Preferred Advocates, Ltd. would bill the Town at the rate of $250.00 per hour; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 734 RESOLVED, that payment for such services shall be from the appropriate account as may be determined by the Town Budget Officer and the Town Board hereby authorizes and directs the Town Budget Officer to amend the 2010 Town Budget accordingly to allow each fund to pay its share of the legal expense, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation related to the engagement of such services and the Town Supervisor and/or Town Budget Officer to take any further action needed to effectuate the terms of this Resolution. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION TO AMEND 2010 BUDGET RESOLUTION NO.: 157, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec 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 2010 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance Recovery 4,562.71 Increase Appropriation 001-5110-4110 Repairs 4,562.71 Increase Revenue 004-0000-52680 Insurance Recovery 6,726.77 Increase Appropriation 004-5130-4110 Repairs 6,726.77 REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 735 th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND THE QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER NO.: 44 ENTITLED, “HOTEL AND MOTEL REGISTERED SEX OFFENDER OCCUPANCY LICENSE LAW” RESOLUTION NO. 158, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to promote the public health, safety and general welfare of the guests of hotels and motels located within the Town of Queensbury and that of the general citizenry of the Town, and WHEREAS, the Town Board therefore wishes to consider adoption of Local Law No.: __ of 2010 and amend the Queensbury Town Code by adding a new Chapter No.: 44 entitled "Hotel and Motel Registered Sex Offender Occupancy License Law,” and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law §130, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, th April 19, 2010 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2010 to amend the Queensbury Town Code by adding a new Chapter No.: 44 entitled "Hotel and Motel Registered Sex Offender Occupancy License Law,” and BE IT FURTHER, REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 736 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. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” §179-3-040(B)(1)(a) and §179-3- 040(C)(1)(a) RESOLUTION NO.: 159, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to amend the Queensbury Town Code in the following Town Code sections: §179-3-040(B)(1)(a) A. to specify that food service establishments should be listed as a use permitted by site plan review in the Enclosed Shopping Center (ESC) zoning district; and §179-3-040(C)(1)(a) B. to specify that health-related facilities should be listed as a use permitted by site plan review in the Commercial-Light Industrial (CLI) zoning district; and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2010 to accordingly amend Queensbury Town Code Chapter 179 “Zoning” §179-3- 040(B)(1)(A) and §179-3-040(C)(1)(a) as presented at this meeting, and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the legislation the Town must first refer the proposed Local Law and obtain a recommendation from the Warren County Planning Board, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 737 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk or Senior Planner to forward a copy of the proposed Local Law to Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(A) and §179-3- 040(C)(1)(a) to the Warren County Planning Board for its review, approval and/or recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby declares its intention to be designated Lead Agency for SEQRA review of the proposed Local Law and directs the Town Clerk or Senior Planner to send copies of the proposed Local Law, Long Environmental Assessment Form, and a certified copy of this Resolution stating the Town Board’s intention to be Lead Agency for SEQRA review, to any Involved Agencies as required by law, and BE IT FURTHER RESOLVED, that 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, April th 19, 2010 to hear all interested persons concerning proposed Local Law No.: ___ of 2010 to Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(a) and §179-3- 040(C)(1)(a), 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 to send the Notice of Public Hearing, together with copies of the proposed Local Law, if necessary, to any public officials, agencies or municipalities, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Supervisor, Senior Planner and/or Town Counsel to take such other actions and give REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 738 such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.___ of 2010. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec NOES : Mr. Strough ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-I think this is an opportunity for us to say to them listen we will accommodate you we will put restaurants as an allowed use into your zone in the meantime clean up the property. We ought to make it contingent upon the issuance of a building permit or a CO use this as a tool to get the job done. If they sign the contract two weeks from now I will say yes on this, but I am saying no on this now because I want to send a message to them. SUPERVISOR STEC-I certainly understand your point, I share your sentiment in fact I largely share the goal that you are expressing. I have not asked Counsel this questions whether or not we could literally hold a zoning change. I understand the concept I am not sure it is either the right thing to do or it is not the right thing to do, but I certainly can see that we could be using this zoning change for leverage. COUNCILMAN STROUGH-We are just setting a public hearing now, but I am going to send a message. I also have an issue with the second one. We are talking about Hudson Headwaters on Corinth Road it used to be the old beverage center distribution center. I am glad its there it is a great location for them. The debate the board had was whether we should zone it office zone or whether we should allow health facility as an allowed use in our light industrial zone. My concern about that is if you allow a health facility, health facilities is just not in your industrial zones because it tends to be an incompatible use. We have this light industrial zone on Quaker Road, Dix, Queensbury, lower Warren, and Corinth Road around the Airport and other areas, areas that we want to see developed in an industrial way. If a health facility becomes an allowed use then it may deter other industrial uses that might want to go there it is an incongruent incompatible use with that zone. What, I suggested is that we take the two parcels where they are currently and where they want to expand and make them office zone because health facility is an allowed use in that zone. Not only that, but the office zone is a transitional zone it is designed to be that way it is designed to be transitional between residential areas and industrial or other commercial areas the office zone is the perfect zone for this particular spot. They say spot zoning it is not spot zoning if you have a rational basis for it the rational basis would be currently this is a health related facility it already has been built it was a distribution center the facility is open and running now we are trying to make it so it is a conforming use. We don’t want to hinder the development of Hudson Headwaters I would like to see it expand. Again, I think it is a perfect location for them, but I am just arguing that the best type of zoning that is best for the Town is to give them an office zone. What, I am saying is if you take a health facility and put it in light industrial as an allowed use what you are going to end up with is a lot of light industrial that might not be useable. I don’t think that is good for the economic sustainability of this Town we want to develop light industrial as light industrial. Just the same office zone should be developed for offices and related commercial uses it shouldn’t be apartments, but you know this is going to again be a four to one vote, but that’s the way I feel. COUNCILMAN BREWER-That is forty acre parcel that is light industrial to change two or three or four acres to office on the contrary to what you said John. COUNCILMAN STROUGH-We did it on the corner of Gurney Lane and West Mountain Road. REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 739 COUNCILMAN BREWER-We didn’t just do it though. COUNCILMAN STROUGH-I am saying as long as you have a rational basis for doing it. COUNCILMAN BREWER-I don’t think it is rational when our Attorney that has been to college and is an Attorney and does nothing but planning says it is spot zoning. COUNCILMAN STROUGH-I do my own thinking. COUNCILMAN BREWER-That is what we have Attorneys for John. RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEWS CREMATION GROUP TO PERFORM CREMATORY RETORT REPAIRS RESOLUTION NO.: 160, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough th WHEREAS, by Memorandum dated March 30, 2010, 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 $11,299, and 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 $11,299 (under $20,000), not including freight charges, as delineated in the Cemetery Commission’s th March 29, 2010 Memorandum presented at this meeting, and the Cemetery Superintendent and Cemetery Commission have requested authorization for such repairs, REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 740 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 Unit at the Pineview Cemetery for an amount not to exceed $11,299 (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 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment shall be made from the Cemetery’s Equipment Repair Account No.: 002-8810-4800, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Budget Officer to take any and all actions necessary to amend the 2010 Town Budget by transferring $5,650 from the Cemetery Building Repairs Account No.: 002-8810-4070 and $5,649 from the Cemetery Labor Account No.: 002-8810-1010 to the Equipment Repair Account No.: 002-8810-4800, 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 5 day of April, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier NOES : Mr. Brewer REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 741 ABSENT: None DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-I have no problem with the outfit doing this I don’t want to essentially give them a blank check. I don’t have a good feeling about having only one vendor for anything we do in the Town. RESOLUTION ACCEPTING DEDICATION OF APRES CIRCLE IN CERRONE WEST MOUNTAIN ROAD SUBDIVISION RESOLUTION NO. 161, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Cerrone Builders, Inc., has offered a deed to the Town of Queensbury to dedicate Apres Circle in the Cerrone West Mountain Road Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & th , Steves Land Surveyors, LLC dated December 4, 2009and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the developer completing the top coat of th the black-top within two years of the date of acceptance or by April 5, 2012, and if applicable, all drainage easements being in place, and WHEREAS, Cerrone Builders, Inc., has provided the Town with a $25,800 cash th escrow to ensure placement of the top coat on the roads by April 5, 2012 consistent with the Town Highway Superintendent’s requirements, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the Town Wastewater Director has indicated that his Department has no issues with such road dedication, and WHEREAS, the Town Zoning Administrator/Code Compliance Officer and Director of Building and Codes Enforcement have confirmed that they have inspected Apres Circle and it was found to be in general compliance with the requirements of their offices, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 742 RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Apres Circle in the Cerrone West Mountain Road Subdivision,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including the Escrow Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Cerrone Builders, Inc., to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Apres Circle Road Number: 807 Description: Beginning at West Mountain Road and continuing in a westerly direction a distance of 1088’ and .21± hundredths of a mile and ending at a cul- de-sac. Feet: 1088’ and .21± of a mile . th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION APPROPRIATING MONIES TO PAY COST OF MAP, PLAN AND REPORT RELATING TO PROPOSED DRAINAGE DISTRICT IN VICINITY OF QUAKER ROAD AND HOMER AVENUE RESOLUTION NO.: 162, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 743 WHEREAS, as a result of a failed drainage pipe and related drainage issues in the vicinity of Quaker Road and Homer Avenue, the Queensbury Town Board is considering the formation of a Drainage District (District) in accordance with Article 12-A of New York Town Law to pay for the work needed to repair such drainage problems, and WHEREAS, to do so, the Town must authorize the preparation of a Map, Plan and Report outlining the details of 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 Ten-Thousand Dollars ($10,000) to pay the cost of Vision Engineering LLC’s preparation of a Map, Plan and Report related to drainage issues in the vicinity of Quaker Road and Homer Avenue and the formation of a Drainage District, and 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 Vision Engineering 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 Resolution subject to permissive referendum. th Duly adopted this 5 day of April, 2010 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : Mr. Strough ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 744 TH APRIL 5, 2010 RESOLUTION NO.: 163, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills stth presented as a Warrant with a run date of April 1, 2010 and payment date of April 6, 2010, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with stth the run date of April 1, 2010 and payment date of April 6, 2010 totaling $1,204,497.92, 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 April, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT: None 4.0 CORRESPONDENCE - NONE 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER ? Main Street will be closed Monday through Friday this week Niagara Mohawk will be relocating gas lines if at all possible try to avoid that area. ? On Saturday went to West Glens Falls Firehouse they took delivery of their new tower truck it was attended by a big crowd. I am very pleased with the truck I think the Fire Company is pleased with it I just want to say kudos to West Glens Falls on their new truck. COUNCILMAN STROUGH ? Invited to attend the Adirondack Business Educators an Appreciation Dinner on March 24, 2010. It was an interaction of the local business people with about twenty five schools participating in this and twenty businesses participate in this it is a great program that ACC is having that gets business and education together and working in one direction thanked everyone for inviting him. REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 745 ? Spoke regarding the Adirondack Talk regarding a picture showing Hovey Pond. The Friends of Hovey Pond are asking for donations for putting together the beautiful gardens you can send donations to Friends of Hovey Pond, 28 Glenwood Avenue, Queensbury or call Marylee Gosline at 798-6463 also Lise Fuller, Greg Green, Drew Monthie, a bunch of other people help out with this, but they would appreciate some donations to put the gardens together for 2010. ? Thanked Kathy and Dennis Franklin for their wonderful contribution to the Town. COUNCILMAN MONTESI ? Attended the snowmobile races at West Mountain last Saturday it was great to see that kind of group there and activity. There are lots of ways you can make things work in our Town that happens to be one of them. West Mountain has always been a good one now he has some off season things going on. COUNCILMAN METIVIER ? The Water Department is flushing hydrants starting last week Monday through Friday from 8:00 a.m. to 4:00 p.m. be careful before you do laundry and once the program has been completed they suggest that you flush out your hot water heaters. ? The Beautification Committee will be looking for nominations both residential and commercial for the 2010 season. We will have something on the website that you can nominate people later on in the season. SUPERVISOR STEC ? Spoke regarding flushing the hydrants in April noted that every single hydrant gets tested and maintained every year. ? Website www.queensbury.net ? Thanked TV 8 and sponsors for televising meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 164, 2010 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 adjourns their Regular Town Board Meeting. th Duly adopted this 5 day of April, 2010, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury