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2010-11-15 MTG#43 REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 98 REGULAR TOWN BOARD MEETING MTGT#43 NOVEMBER 15, 2010 RES# 368-380 7:00 P.M. B.H. 30-31 RD#809 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WASTEWATER DIRECTOR, MIKE SHAW PRESS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI SUPERVISOR STEC-Opened meeting. 1.0RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 368, 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 from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 15 day of November, 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 JAMES AND LILLIAN CONWAY RESOLUTION NO.: BOH 30, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 99 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, James and Lillian Conway have applied to the Local Board of Health for variances from Chapter 136 to allow a leaching system to be located: 1. 82’ from a neighboring well in lieu of the required 100’ setback; and 2. 3’ from a property line in lieu of the required 10’ setback; on property located at 32 Nacy Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on th Monday, December 6, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James and Lillian Conway’s sewage disposal variance application concerning property located at 32 Nacy Road in the Town of Queensbury (Tax Map No.: 289.6-1-32) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 31, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough 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 15 day of November, 2010 by the following vote: REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 100 AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT:None 2.0PRIVILEGE OF THE FLOOR JOHN SALVADOR, NORTH QUEENSBURY-Spoke regarding his concern with the depreciation being used as an operating expense in the Emergency and Fire Service Companies. Prepared a letter for Ms. Tierney and Town Board members submitted letter to Clerk after you have had a chance to digest the letter we can talk about it. SUPERVISOR STEC-Spoke to Barbara Tierney and Town Counsel neither one of them have agreed with your point we will read the letter and reply. MR. SALVADOR-Spoke regarding the fire boat in the Audit Report prepared for 2008-2009 there is a section on long term debt noting they talk about a note payable to the Ballston Spa National Bank payable in monthly installments of six thousand seven hundred and twenty two dollars plus monthly interest at three point eight five percent through December 2015 secured by a vehicle. SUPERVISOR STEC-They did get a truck this year I don’t know if that is the answer to your question, but they did get a vehicle this year. COUNCILMAN METIVIER-They did finance the vehicle through Ballston Spa National Bank through 2015. MR. SALVADOR-Spoke regarding a notice filed with the Zoning Board of Appeals noting he was having trouble getting on the agenda. The next day received a notice from the Community Development Department stated that the appeal would not be heard because of a vote. The paper I received did not identify the appeal by number. The document was not signed by the Chairman of the Zoning Board of Appeals does not know what they are talking about. COUNCILMAN BREWER-Should ask them. MR. SALVADOR-I have been trying to do that Supervisor Stec advised me to take this issue up with the Zoning Board, which I have been trying to do cannot get communication past the Community Development Department. They’re procedures to be followed and you file a Notice of Appeal it has to be addressed. COUNCILMAN BREWER-Questioned if this was filed? MR. SALVADOR-Yes the Community Development Department will not process it. REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 101 SUPERVISOR STEC-I find it difficult to believe that they are not passing along your communication to the Zoning Board, no government is perfect including the Town of Queensbury, however, I really have a hard time believing it, but I will ask. MR. SALVADOR-Explained to the board the how the problem started it started with the Adoption of the Amended Storm Water Ordinance that the Town undertook in 2009, believes the Town has a regulation that is not legal. SUPERVISOR STEC-We disagree with this. PLINEY TUCKER-Spoke to the board regarding a resolution that the Town Board authorized a total of two hundred sixty eight thousand nine hundred dollars of general fund monies to the Landfill Fund. SUPERVISOR STEC-Explained that in the early part of this decade the general fund was subsidizing the transfer station operation we fixed that several years ago when we changed the rates then the transfer funds no longer were getting subsided by the general fund. What that resolution does is it authorized the transfer fund to pay back the general fund the two hundred sixty eight thousand that the general essentially lent it. MR. TUCKER-Questioned if it is our share? SUPERVISOR STEC-No money changes hands between the Town and the City we run that transfer station for both communities. MR. TUCKER-Questioned when that changed? SUPERVISOR STEC-I have been here eleven years it has always been that way. MR. TUCKER-It used to be sixty, forty. SUPERVISOR STEC-No, when the general fund was subsidizing it we were not getting any checks from Glens Falls my point being is no money is exchanging hands between the Town and the City. The City owns the property on Luzerne Road, but the Town manages both of them and anyone from any of those communities can use it. We tempting to run them so they break even so that we don’t run into that who owes who what situation. MR. TUCKER-Questioned at the present time is the operation making money or breaking even? SUPERVISOR STEC-At the present time it is making a little bit of money enough so where we are going to be able to pay back the general fund over the next few years. MR. TUCKER-Asked Councilman Brewer if he looked at the stop sign? COUNCILMAN BREWER-Could not figure out what you were talking about. I know it’s the stop sign where there is a four way on Ashley. REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 102 MR. TUCKER-It is the next intersection on Ashley. COUNCILMAN BREWER-Going what way? MR. TUCKER-Going towards Hannaford towards Western Avenue it is the first one after you make the turn onto Ashley the first intersection. COUNCILMAN BREWER-I will go by and look again didn’t see any issues there. MR. TUCKER-The only issue is there is a lot of beautiful trees and you have to get out into the intersection there is a lot of traffic on that road from the west end. 3.0 RESOLUTIONS RESOLUTION APPOINTING SCHOOL TRAFFIC OFFICERS RESOLUTION NO. 369, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, additional, part-time School Traffic Officer (Crossing Guard) positions exist within the Town of Queensbury and the Town Board wishes to make appointments to these positions, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Timothy Quinones, Clyde Sherman and Francis Galle, Sr., as School Traffic Officers (Crossing Guards) on an “on-call” basis only, effective on th or about November 16, 2010 at $14.67 hourly (the current rate of pay for the position), subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF COMPENSATION CONSULTING SERVICES, INC. TO REVIEW WORKERS’ COMPENSATION PREMIUMS REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 103 RESOLUTION NO.: 370, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 74, 2009, the Queensbury Town Board authorized engagement of Compensation Consulting Services, Inc., (Compensation Consulting) to review the Town of Queensbury’s past Workers’ Compensation Premiums, which could provide a possible refund of overcharges to the Town, and WHEREAS, Compensation Consulting has advised that there may be additional monies that the Town can now reclaim since a couple of years have passed since the Town first engaged Compensation Consulting, and WHEREAS, Compensation Consulting’s fee to the Town for such services is thirty-percent (30%) of actual refunded premiums or credits the Town receives as a result of Compensation Consulting’s services, and if there is no such recovery, there is no fee for the services, and WHEREAS, the Town Board wishes to authorize engagement of Compensation Consulting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Compensation Consulting Services, Inc., to review the Town of Queensbury’s past Workers’ Compensation Premiums as th more fully set forth in Compensation Consulting Services, Inc.’s October 25, 2010 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that Compensation Consulting Services, Inc., must sign a Confidentiality Agreement providing that the information obtained will be used for Audit purposes only and that no information, including but not limited to medical information, will be provided to or shared with any third party, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or Budget Officer to take any other actions needed to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES : None ABSENT:None REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 104 RESOLUTION AUTHORIZING TOWN WASTEWATER DIRECTOR TO ENTER INTO OUT-OF-DISTRICT AGREEMENTS BETWEEN THE TOWN OF QUEENSBURY AND CERTAIN CUSTOMERS OUTSIDE OF QUEENSBURY SEWER DISTRICTS RESOLUTION NO.: 371, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury has established and created several Sewer Districts as follows: 1. Queensbury Consolidated Sanitary Sewer District (previously known as the Central Queensbury/Quaker Road Sewer District and Hiland Park Sewer District); 2. Pershing-Ashley-Coolidge Sewer District; 3. Queensbury Technical Park Sewer District (District); 4. Reservoir Park Sewer District; 5. Route 9 Sewer District; 6. South Queensbury – Queensbury Avenue Sewer District; and 7. West Queensbury Sanitary Sewer District; referred to in this Resolution as the “Districts,” and WHEREAS, at times, some Town residents wish to obtain sanitary sewer service from the Districts’ facilities but their properties are located outside the Districts’ boundaries, and WHEREAS, the Town of Queensbury wishes to consider supplying such Town residents and property owners with such sanitary sewer service in accordance with Town Law §198(1), upon such terms and conditions as the Town Wastewater Director deems appropriate, and WHEREAS, by Resolution No.’s: 357,2003, 463,2004, and 485,2004, the Town Board authorized the Town Wastewater Director to enter into out-of-District Agreements relating to the Route 9, Queensbury Technical Park and Central Queensbury Quaker Road Sewer Districts, and WHEREAS, the Town Board wishes to extend such authority to the Wastewater Director for all of Queensbury’s Sewer Districts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Wastewater Director to enter into Out-of-District Agreements, on such terms as he deems appropriate, concerning the Town of Queensbury’s Sewer Districts with those users to be designated by the Town Wastewater Department for all of the Town’s Sewer Districts, including, but not limited to, the following: REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 105 1. Queensbury Consolidated Sanitary Sewer District (previously known as the Central Queensbury/Quaker Road Sewer District and Hiland Park Sewer District); 2. Pershing-Ashley-Coolidge Sewer District; 3. Queensbury Technical Park Sewer District (District); 4. Reservoir Park Sewer District; 5. Route 9 Sewer District; 6. South Queensbury – Queensbury Avenue Sewer District; and 7. West Queensbury Sanitary Sewer District; and BE IT FURTHER, RESOLVED, that the Town Wastewater Director’s authorization applies to Out-of-District User less than 500 gallons per daygreater contract requests of , with any Out-of-District User contract requests than 500 gallons a day to be forwarded by the Town Wastewater Director to the Town Board for its consideration and/or approval/disapproval, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Wastewater Director to make all necessary arrangements, including collection of any fees from the residents and/or property owners and signing the Agreements as may be required by the Wastewater Director, in accordance with Town Law §198(1), to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE COUNCILMAN BREWER-Mike is there any kind of a threshold that you use as a guideline that you would come to us. SUPERVISOR STEC-A capacity threshold. WASTEWATER DIRECTOR, MR. SHAW-Not necessarily. In the past this has been generally used for the single family house that borders a sewer district whether its sewer lines out in front of their house where they connect. Once in a blue moon well we only had two contract customers that fit outside of that box in the years I have been here. Those two Surrey Fields and the one recently with Richard Schermerhorn on Exit 20 I came to the board for the simple reason they are a larger customer a larger user of outside district. In each case we had capacities to serve them with it certainly is a call, do you allow that capacity to be used outside of the district? SUPERVISOR STEC-I, guess the question is to make everyone on the board more comfortable is there a threshold that you could offer that you would say if we stay before this you guys won’t care, but if it above this then it does need to come to us. I am comfortable with you saying I know when I need to run it by you guys. REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 106 WASTEWATER DIRECTOR, MR. SHAW-I certainly do, but if you want something in the resolution I would suggest single family homes and business with five hundred gallons a day or less usage. SUPERVISOR STEC-We can amend the resolution if the board would desire to say this applies to any out of district contract request less than five hundred gallons per day anything more than five hundred gallons per day would require Town Board approval. WASTEWATER DIRECTOR, MR. SHAW-For your information in a lot of cases probably dozens of cases we have done district extensions. SUPERVISOR STEC-It doesn’t happen all that often, but we don’t necessarily need to involve the entire Town bureaucracy for that either. WASTEWATER DIRECTOR, MR. SHAW-Usually when something like that happens a single family home has a failed septic system needs to do something quickly. What happens in the past there is a process we have to go to the Town Board it takes a while to go through that process. SUPERVISOR STEC-Insert a resolve before the last resolve. COUNCILMAN BREWER-I would say you go ahead and make the decision I don’t even want to know about it. SUPERVISOR STEC-If it’s less than five hundred gallons a day he has that authority. If it’s going to be up for a contract of more than five hundred gallons a day then he does need to come to the Town Board. COUNCILMAN STROUGH-I had a concern, my concern was that giving the authority in total as this resolution did as it was presented its been amended and now I feel better, but the way the resolution reads it would give the Wastewater Director the authority to extend any district at any time in all of the Queensbury Sewers Districts that’s the way it reads currently. My concern about that was that we were taking the authority of district extension and the power of district extension away from this board and giving it to you nothing personally against you because I like you. My point was this board may want to look at district extensions comprehensively in other words is it appropriate. There might be situations where we as a board looking at the Town in a comprehensive and a Town wide manner might not think it is appropriate. I gave a couple examples. We would like to see sewer at Cary Industrial Park someday and we also know that the Main Street is going to be limited capacity. What if a developer across the street wanted to put in a housing development the way our code reads they could double their density if they got tied into the sewer maybe that is not what we want to see over on the other side of the road? We would have the authority to say no to that district extension, yes to Cary Park, but those kinds of examples do appear occasionally. My other argument was is that these district extensions do not come before this board very often once every two or three years so it’s not like it is a burden on us I didn’t want to give up that power to be able to access the district extension. The way it has been modified it seems very reasonable that for smaller projects you would have total authority anything exceeding that we would retain the authority to take a look at that. COUNCILMAN BREWER-I think that was always the intention John. COUNCILMAN STROUGH-I know, but the way it was worded Tim. SUPERVISOR STEC-I trust you and I would have been fine with it as originally written. I will let you exercise your judgment of what you need and if you need to come to the Town Board. COUNCILMAN STROUGH-I trust Mike, too, but the guy that replaces Mike might not be as nice as he is. SUPERVISOR STEC-We can always take it away. COUNCILMAN STROUGH-I am just saying when we do a resolution and we create a standard I think that standard should apply to everybody regardless whether we like you or not. WASTEWATER DIRECTOR, MR. SHAW-That’s fine. For the boards information this is just a convenience for a homeowner it was that way for the last several years. Like I said, it was only a couple times we stepped outside that box and each time it’s been brought to the board. SUPERVISOR STEC-Is five hundred the right number? WASTEWATER DIRECTOR, MR. SHAW-What five hundred does it gives us a little leeway there as far as a small business. COUNCILMAN STROUGH-I could agree to that. REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 107 COUNCILMAN MONTESI-Mike isn’t it true that most major projects if they were abutting it we extend the district. WASTEWATER DIRECTOR, MR. SHAW-That’s correct that is what I was getting at before. We make them extend the district. COUNCILMAN STROUGH-I think we have a better resolution now. RESOLUTION AUTHORIZING ENGAGEMENT OF QUAKER BAY, INC. FOR PROVISION OF ROOF REPAIRS AT TOWN HIGHWAY GARAGE BUILDING RESOLUTION NO. 372, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury’s Facilities Manager sought quotes from qualified Genflex roofing contractors for the provision of repairs to the existing metal garage structure, including affected sheet metal and rubber membrane roof system, at the Town’s damaged Highway Garage building, and WHEREAS, only one, and therefore the lowest, quote was received for such repair work from Quaker Bay, Inc., for an amount not to exceed $11,981, and WHEREAS, the Facilities Manager has therefore recommended that the Town Board approve engagement of the services of Quaker Bay, Inc., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of the services of Quaker Bay, Inc., for the provision of repairs to the existing metal garage structure, including affected sheet metal and rubber membrane roof system, at the Town’s damaged Highway Garage building for an amount not to exceed $11,981 to be paid for from Account No.: 001-5132-4070, and BE IT FURTHER, RESOLVED, that the Town Board further waives the Town’s Procurement Policy in this instance as multiple quotes were sought but could not be obtained due to the specific qualifications required of the contractor, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation between the Town and Quaker Bay, Inc., in form acceptable to the Town Supervisor, Facilities Manager, Budget Officer and/or Town Counsel, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 108 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Facilities Manager, Budget Officer and/or Town Counsel to take any and all actions necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT RESOLUTION NO. 373, 2010 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners EVENT : 5k Road Race/Walk th DATE : Saturday, December 4, 2010 TIME : 9:00 a.m. PLACE : Beginning and ending at Adirondack Community College (Email Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Adirondack Runners Club to conduct a 5k Road Race/Walk within the Town of Queensbury to benefit Camp Comfort on Saturday, th December 4, 2010 subject to the Town’s receipt of proof of insurance from the Adirondack Runners, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent’s approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 109 ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON YEAR 2010-2011 EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. AND PURCHASE OF EMS FLY CAR RESOLUTION NO.: 374, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough § WHEREAS, in accordance with Town Law 184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) expired on December 31, 2009, and WHEREAS, the Town and the Squad have negotiated terms for a new two (2) year Agreement for general emergency ambulance services, and WHEREAS, the Squad also wishes to replace its current Fly Car (a 1995 Chevrolet Suburban) and purchase a 2011 Chevrolet Tahoe for the approximate purchase price not to exceed $48,953 by financing such purchase with Glens Falls National Bank and Trust Company, Inc., over five (5) years at 6.5%, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2010 Agreement for emergency ambulance service and vehicle purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed vehicle purchase and new emergency ambulance services Agreement between the Town of th Queensbury and the North Queensbury Rescue Squad, Inc., on Monday, December 6, 2010 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 110 th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT:Mr. Brewer RESOLUTION APPROVING GRANT AWARDS FOR CASE #6226 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 375, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6226 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceed twenty five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5) years from the completion of the rehabilitation, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 111 thousand dollars and no cents ($25,000.00) for Case File #6226, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None RESOLUTION APPROVING GRANT AWARDS FOR CASE #6227 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 376, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, the Town has received grant funds from the New York State Affordable Housing Corporation Affordable Home Ownership Development (AHOD) and the New York State Office of Community Renewal Community Development Block Grant (CDBG) programs to cover eligible project costs, and WHEREAS, a single family property Case File #6227 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, property rehabilitation specifications will be provided to a minimum of three (3) qualified contractors for bid, and WHEREAS, the low bid cost to complete the work specified is to be determined but will not exceed twenty-five thousand dollars and no cents ($25,000.00), and WHEREAS, the low bid cost to complete the work specified will be verified upon receipt of bidding documents, and REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 112 WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving these grants, and WHEREAS, a lien will be filed against the property for the benefit of the Town for a period of five (5) years from the completion of the rehabilitation, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant award not to exceed twenty five thousand dollars and no cents ($25,000.00) including an AHOD grant, as applicable, in the amount not to exceed 60% of the total cost of rehabilitation for Case File #6227, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs either the Town Supervisor or Town of Queensbury Senior Planner to execute the Grant Award agreements and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT : None RESOLUTION ACCEPTING DEDICATION OF CAITLIN DRIVE IN THE POINTE WEST SUBDIVISION RESOLUTION NO. 377, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, KELACO, LLC (Developer) has offered a deed to dedicate Caitlin Drive in the Pointe West Subdivision to the Town of Queensbury as described in a Survey prepared by VanDusen & Steves, Land Surveyors, LLC, dated June 11, 2010, and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the Developer completing the top coat of the black-top within two (2) years of the date of acceptance and addressing drainage easements, if applicable, and WHEREAS, the Developer has provided the Town with a $25,000 Letter of Credit to ensure th placement of the top coat on the roads by November 15, 2012, and REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 113 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 Community Development Department has confirmed that it has inspected Caitlin Drive and it has been found to be in general compliance with the Department’s requirements, and WHEREAS, the form of the deed and title to the road offered for dedication have been reviewed and approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for dedication of Caitlin Drive in the Pointe West 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 in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs KELACO, LLC 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 road to the official inventory of Town Highways as follows: Name: Caitlin Drive Road Number: 809 Description: Beginning at Sherman Avenue and continuing in a southerly direction a dis- tance of 1,096’± and .21± hundredths of a mile and ending at a cul-de-sac. Feet: 1,096’± and .21± of a mile . th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None RESOLUTION TO AMEND 2010 BUDGET REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 114 RESOLUTION NO.: 378, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 $ 001-9060-8060 Health Ins. Premium 001-1355-4740 Article 7 Appraisals 15,000 001-1990-4400 Misc. Contractual 001-1430-4132 Other Legal Fees 4,000 001-1990-1010 Wages Contingency 001-1680-1020 IT O/T 2,000 001-1990-1010 Wages Contingency 001-3510-1020 Animal Control O/T 1,000 001-1990-4400 Misc. Contractual 001-3510-4760 Veterinary Svcs 2,000 001-3620-4090 Training & Publications 001-3410-4090 Training & Publications 350 001-9060-8060 Health Ins. Premium 001-7110-2070 Parks Equipment 3,600 001-9060-8060 Health Ins. Premium 001-7110-4823 Parks Equipment 3,125 001-9060-8060 Health Ins. Premium 001-9901-9002 Transfer to Cemetery 8,500 Increase Revenue 002-0000-55031 Interfund Revenue 8,500 Increase Appropriation 002-8810-4070 Building Repairs 8,500 005-9025-8025-4980 Service Award Contribution 005-3410-4415-4980 Emergency Serv. Contr 16,000 009-8160-4447 Burnables 009-8160-1020 Transfer St. O/T 4,000 th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT :None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF NOVEMBER 16, 2010 RESOLUTION NO.: 379, 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 presented as a Warrant thth with a run date of November 12, 2010 and payment date of November 16, 2010, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 115 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run date of thth November 12, 2010 and payment date of November 16, 2010 totaling $366,418.34, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 15 day of November, 2010, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES : None ABSENT: None 4.0 CORRESPONDENCE None 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER – WARD FOUR ? Spoke to the board regarding the Town doing a light energy audit explained the process to board members. National Grid will pay for seventy percent the Town would be responsible for thirty percent. If we were to decide to pay the thirty percent at the end of the completion of the work you would get an additional fifteen percent off it would be eighty five percent of the cost we could recover from this company it does not cost anything to do the survey. Ask the board if they would like to do a survey of the buildings let him prepare the audit give us the numbers would go over this at a Workshop to see if there is any cost savings for the Town this would be a benefit to the Town would like to pursue this. Supervisor Stec asked Councilman Brewer to get information regarding the program and have a letter sent to him. COUNCILMAN STROUGH –WARD THREE ? Spoke regarding the new website they have been working on with Mannix Marketing. ? Spoke regarding the new Parks and Recreation Winter Brochure noting the many activities that are offered noted the nice job that Parks and Recreation has done. ? Spoke regarding the leaf pickup. Ward One and Two is this week after this week we are technically done if they have the time they will come back around, but no guarantees. REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 116 COUNCILMAN MONTESI – WARD TWO ? Spoke regarding the Hayes and Hayes Development on Dixon Road noting he spent some time answering questions of some concerned citizens on Dixon Road. They were concerned that the Town hasn’t taken proper steps to protect their interest. Spoke regarding the letter sent by the Town Code Enforcement Officer dated September th 14. We think we have done the due diligence our Counsel has said we have done things right. COUNCILMAN METIVIER – WARD ONE ? Drove by Howards Johnsons today there are more trucks there is fencing up so work is started. ? Wished everyone a Happy Thanksgiving SUPERVISOR STEC ? Thanked sponsors and TV 8 for televising the meetings. ? Towns website www.queensbury.net ? Reminded people to be extra cautious as the winter driving season starts. ? Progressing along on a few projects the fuel island project is getting underway at the Highway Department. In a week or two the Enterprise Rental Car project on Route 9 is going to start and hopefully be finished at the end of the year. It is the single largest pollution locations in Warren County. It is the pipe that comes down it is the outflow of a lot of storm water that is flowing from Burger King and the Intersection of Route 9 and Route 254 south on Route 9 to Halfway Brook. What we are installing is going to catch all of the little storms and most of the bigger storms up to a fifteen or twenty year storm. This was done with some grant money that we were given a few years ago then we ran into a snag when they discovered oil contamination because the site used to be a gas station years ago. Chevron is the original property owner they have stepped up and are doing the right thing. Councilman Montesi the landowner has been really gracious. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 380, 2010 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 11-15-2010 MTG #43 117 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 15 day of November, 2010, by the following vote: Ayes: Mr. Stec, MR. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury