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2011-03-21 MTG#8 REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 395 REGULAR TOWN BOARD MEETING MTG#8 MARCH 21, 2011 RES#103-125 7:00 P.M. B.H. 7-9 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN BOARD MEMBERS ABSENT COUNCILMAN RONALD MONTESI TOWN OFFICIALS CRAIG BROWN, ZONING ADMINISTRATOR CHUCK RICE, FACILITIES MANAGER PRESS TV 8, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 103, 2011 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. st Duly adopted this 21 day of March, 2011, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:Mr. Montesi PUBLIC HEARING – SEWAGE DISPOSAL VARIANCE APPLICATION FOR DOUG AND MURIAL CHERRY PUBLICATION DATE: MARCH 11, 2011 PRESENT DAN RYAN, ENGINEER AGENT FOR DOUG AND MURIAL CHERRY SUPERVISOR STEC-We set this at our last Town Board Meeting, but earlier this year we had considered a variance request up there this is for property located at North Fitzgerald Road in Glen Lake in the Town of Queensbury. The direction that the board kind of nudged this project in is although it still needs a variance, which is why we are here tonight that we encouraged them to look at holding tanks so this is to install a three thousand gallon holding tank in lieu of a septic tank and absorption system their agent, Dan Ryan is here tonight. MR. RYAN-As you eloquently summarized we were here previously the consensus of the board was to use a holding tank due to the site constraints. My client has agreed to classify it as a seasonal residence since he is only using it seasonally anyway. We have revised the plans to accommodate a three thousand gallon holding tank for the two bedroom home. SUPERVISOR STEC-Questions, John. REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 396 COUNCILMAN STROUGH-Dan is the holding tank designed so that we can park on it? MR. RYAN-It is a traffic rated holding tank so it could be utilized I think we are just off set from the driveway area. That whole area that we have talked about before near Fitzgerald Road would be utilized for regular parking and some overflow parking if it became necessary. COUNCILMAN STROUGH-The neighbors are glad to hear that, too because they were worried about the parking. That particular spot is not a good one. MR. RYAN-Because of the easements and the access of the neighboring properties it is a little bit congested. SUPERVISOR STEC-I will open the public hearing if there are any members of the public that would like to comment on this variance application just raise your hand I will call on anybody. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC-Seeing none I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR DOUG AND MURIEL CHERRY RESOLUTION NO.: BOH 7, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Doug and Muriel Cherry applied to the Local Board of Health for a variance from § Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the applicants wish to install a 3,000 gallon holding tank in lieu of a septic tank and absorption system on property located at N. Fitzgerald Road, Glen Lake, in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on st Monday, March 21, 2011, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, the Local Board of Health finds that the variance will not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 397 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Doug and Muriel Cherry for a variance from the Sewage Disposal Ordinance to allow installation of a 3,000 gallon holding tank in lieu of a septic tank and absorption system on property located at N. Fitzgerald Road, Glen Lake, in the Town of Queensbury bearing Tax Map No.: 289.14-1-7. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Montesi RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ARTHUR PERRY RESOLUTION NO.: BOH 8, 2011 INTRODUCED BY: Mr. John Strough 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, Arthur Perry has applied to the Local Board of Health for a variance from Chapter 136 to allow an absorption field to be located 6’ from the property line in lieu of the required 10’ setback on property located at 17 Duncan Cove 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, April 4, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Arthur Perry’s sewage disposal variance application concerning property located at 17 Duncan Cove Road in the Town of Queensbury (Tax Map No.: 226.16-1-6) 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. REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 398 st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION ADJOURINING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 9, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. st Duly adopted this 21 day of March, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT:Mr. Montesi 2.0 PUBLIC HEARING PUBLIC HEARING TO AMEND QUEENSBURY TOWN CODE CHAPTER A183 “SUBDIVISION OF LAND” PUBLICATION DATE: MARCH 11, 2011 SUPERVISOR STEC-The Town Board has been busy in our codes for the last couple years and in the last year fourteen months we have adopted amendments to the Zoning Code and actually we have done it twice. A couple months ago or less than two months ago we made some adjustments as we said we would to that Zoning Code. Also, recently we adopted new Subdivision Regulations and tonight we are going to have a public hearing to make two amendments to those Subdivision Regulations and the third piece was we did the Sign Ordinance. Those are three of the more important and frequently used portions of the code as far as any development that occurs in Town that’s what the Zoning Board and Planning Board those are the three documents that they tend to use the most so they are pretty important. They are not typically lengthy documents the Zoning Code is, but Subdivision and Signs aren’t really. The two items in the Subdivision Regulations are really almost clarification and Craig Brown will correct me if I misspeak. In Conservation Subdivisions we want to give the Planning Board the added flexibility to deviate from the setback in the Conservation Subdivisions because by definition in a Conservation Subdivision while we are maintaining a density level we are allowing individual units to go on smaller lots that would trigger most people to think well then you are going to need typically smaller setbacks. While, I think that was the boards intention the code really isn’t clear in that regard so this will make it clear that it will give the Planning Board the authority in that Conservation Subdivision portion of the code to make those amendments on the fly. The second one…. COUNCILMAN STROUGH-With the exception of shorelines. SUPERVISOR STEC-Yes with the exception of shorelines….. ZONING ADMINISTRATOR, MR. BROWN-I have some propose language here I will read that when you’re done. REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 399 SUPERVISOR STEC-Okay. The other one is really a question on slopes we factor out when people calculate how much of their land is developable. One of the things that they have to factor in is for slopes and a question that has come up is that manmade slopes or natural slopes or both. As currently written it is interpreted as both, but what we are going to do is we are going to explicitly state in the code that it is both manmade and natural slopes. Of course, anyone that is not crazy about that with a given project like anything else in our code if they want to they can seek a variance from the Zoning Board, but that is how it has been interpreted to date. I think that the board would prefer to continue doing that with that said those are the two areas of the subdivision regs that we are looking to tweak. I will open the public hearing if there are any members of the public that would like to comment on this public hearing I just ask that you raise your hand. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC-Craig for the record do you want to include that language that you are talking about. ZONING ADMINISTRATOR, MR. BROWN-As part of the review we are required to refer this to both the County and the APA. Informally, I reached out to the APA the only….Conservation Subdivision setbacks their question is this by a shoreline. The way we originally had it drafted it would of because it didn’t exclude it so I am just proposing to add a sentence at the end of the sentence to give them the permission to give setback relief, however in no case shall any minimum shoreline setbacks be altered by the Planning Board just add that in there any shoreline it is not just shorelines in the park it is Town wide. SUPERVISOR STEC-So it is not like they can alter setbacks in the waterfront residential zone just not shorelines. ZONING ADMINISTRATOR, MR. BROWN-Just not shorelines. SUPERVISOR STEC-Not shoreline setbacks. ZONING ADMINISTRATOR, MR. BROWN-Correct. SUPERVISOR STEC-Karen and Bob you have that we are going to make that…. ZONING ADMINISTRATOR, MR. BROWN-I will make sure that get that as part of the public hearing. SUPERVISOR STEC-Again, the public hearing is opened is there anybody that would like to comment on that or anything else in the Subdivision Regulations public hearing that we are having? COUNCILMAN STROUGH-Again we are talking about side line setbacks not back and not front. ZONING ADMINISTRATOR, MR. BROWN-Front side and rear with the exception of shoreline. If the Planning Board right now in the current Subdivision Regulations has the ability to reduce lot sizes in cluster subdivisions so we are working to give them power to reduce all the setbacks to conform with smaller lots. SUPERVISOR STEC-That makes sense if you are going to have a much smaller lot you are going to have a hard time making any of the sides. COUNCILMAN STROUGH-The original intent where we ran into this problem is somebody who wanted to put a Conservation Subdivision in and wanted to put the buildings in close, which is exactly what we wanted, but the sideline setbacks so really it was the sideline setbacks was really the problem. REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 400 SUPERVISOR STEC-You could have the same situation in a front or rear. ZONING ADMINISTRATOR, MR. BROWN-I predominately see it in sideline setbacks. COUNCILMAN STROUGH-We don’t want the buildings right on the road. ZONING ADMINSTRATOR, MR. BROWN-No. COUNCILMAN STROUGH-Do we want the back property line to be at the back of the building? SUPERVISOR STEC-What we are doing here really is we are giving this to the Planning Boards discretion. They still have to maintain the density, but they will have the flexibility as they approve a smaller lot in a Conservation Subdivision to tweak all the setbacks except for shoreline. ZONING ADMINISTRATOR, MR. BROWN-Correct. SUPERVISOR STEC-Any other comments from the board? This will get referred next to the APA and Warren County Planning likely in April and come back for adoption potentially in late April. In the meantime as we have done the Subdivision and the Sign and the Zoning Code before we need to take SEQRA Lead Agency, which we can to that now because the involved agencies have told you and communicated that we can do it. ZONING ADMINISTRATOR, MR. BROWN-Both the County and the Park Agency responded. SUPERVISOR STEC-So we can do SEQRA tonight and make the formal referrals, which is what we do have a resolution for. ZONING ADMNISTRATOR, MR. BROWN-Correct. SUPERVISOR STEC-Any comment before I close the public hearing. Bob do you want to walk us through SEQRA please. PUBLIC HEARING CLOSED PART 2- SEQRA FORM LONG FORM 1.Will the Proposed action result in any physical change to the project site? NO 2.Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological, formations, etc.) NO 3.Will the proposed action affect any water body designated as protected? (under Articles 12, 24, 25 of the Environmental Conservation Law, ECL) NO 4.Will proposed action affect any non-protected existing or new body of water? NO 5.Will proposed action affect surface or groundwater quality or quantity? NO 6.Will proposed action alter drainage flow or patterns, or surface water runoff? NO 7.Will proposed action affect air quality? NO 8.Will proposed action affect any threatened or endangered species? NO 9.Will proposed action substantially affect non-threatened or non-endangered species? NO 10.Will the proposed action affect agricultural land resources? NO 11. Will Proposed Action affect aesthetic resources? NO Positive impact REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 401 12.Will proposed action impact any site or structure of historic, prehistoric or paleontological importance? NO 13.Will proposed action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO 14.Will proposed action impact he exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? NO 15.Will there be an effect to existing transportation systems? NO 16.Will proposed action affect the community’s sources of fuel or energy supply? NO 17.Will there be objectionable odors, noise, or vibration as a result of the proposed action? NO 18.Will proposed action affect public health and safety? NO Positive impact 19.Will proposed action affect the character of the existing community? NO 20.Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? NO RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER A183 “SUBDIVISION OF LAND” RESOLUTION NO.: 104, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with 6 New York Code of Rules and Regulations ("NYCRR") §617.6, the Queensbury Town Board previously declared its intent to be the Lead Agency under the State Environmental Quality Review Act ("SEQRA") for review of an action consisting of adoption of a Local Law to amend Queensbury Town Code Chapter A183, “Subdivision of Land,” and WHEREAS, the Queensbury Town Board previously notified other Involved Agencies of its intent to be Lead Agency for the SEQRA review of the proposed Local Law, and WHEREAS, all Involved Agencies have consented to the Town’s request to be Lead Agency and the Town Board hereby accepts the role of Lead Agency for the required SEQRA review, and WHEREAS, it appears that the action is a Type I action under SEQRA and, therefore, the Town Board prepared Part 1 of a Full Environmental Assessment Form ("EAF"), and st WHEREAS, on Monday, March 21, 2011 the Town Board held a public hearing regarding the proposed Local Law and conducted a SEQRA review of the proposed Local Law, and WHEREAS, the Town Board has considered the proposed Local Law, reviewed Part 1 of the EAF and completed Part 2 of the EAF, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 402 WHEREAS, the Town Board has determined that the action will not result in any large or important detrimental impacts and, therefore, is one which will not have a significant adverse impact on the environment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the action will not have a significant adverse impact on the environment, declares a Negative Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative Declaration - Notice of Determination of Non- Significance for this action, and BE IT FURTHER , RESOLVEDthat the Town Board authorizes and directs the Town Clerk and/or Senior Planner and/or Zoning Administrator to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner and/or Zoning Administrator to submit the proposed Local Law, together with a certified copy of this Resolution, to the Adirondack Park Agency for its formal review and comments, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or Senior Planner and/or Zoning Administrator to submit the proposed Local Law, together with a certified copy of this Resolution, to the Warren County Planning Board for its review and comments. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: Mr. Montesi 3.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Questioned Resolution Authorizing Agreement Between Town of Queensbury and Queensbury Land Conservancy. SUPERVISOR STEC-We usually do this in January for some reason we held off in January, but this is the annual agreement for their funding. MR. TUCKER-Questioned how long Supervisor Stec has been on the board? SUPERVISOR STEC-This is my twelfth year. MR. TUCKER-Questioned how long he has been Supervisor? REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 403 SUPERVISOR STEC-This is my eighth year. 4.0 RESOLUTIONS RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURE LOCATED ON PROPERTY OWNED BY TARA HART RESOLUTION NO. 105, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement (Director) inspected a home that was damaged by fire on property owned by Tara Hart located at 34 Indiana Avenue in the Town of Queensbury (Tax Map No.: 309.13-1-11) and found that the building is not boarded-up and is generally in disrepair, unusable and unsafe, and WHEREAS, the Director advised Ms. Hart to take appropriate measures to board-up and demolish st the structure as more specifically set forth in the Director’s March 1, 2011 letter presented at this meeting, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the structure is dangerous and unsafe to the general public and therefore would like the Town Board to take action if the property owner fails to board-up and demolish the structure, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the structure owned by Tara Hart and located at 34 Indiana Avenue in the Town of Queensbury (Tax Map No.: 309.13-1-11) appears to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe th structure on Monday, April 4, 2011 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 404 representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT:Mr. Montesi RESOLUTION APPROVING GRANT AWARDS FOR CASE #6276 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 106, 2011 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 Homes and Community Renewal HOME programs to cover eligible project costs, and WHEREAS, a single family property Case File #6276 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 REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 405 (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 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 #6276, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town of Queensbury Town Board authorizes and directs either the Town Supervisor or 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. st Duly adopted this 21 day of March, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Montesi RESOLUTION APPROVING GRANT AWARDS FOR CASE #6277 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 107, 2011 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 Homes and Community Renewal HOME programs to cover eligible project costs, and WHEREAS, a single family property Case File #6277 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 REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 406 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 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 #6277, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town of Queensbury Town Board authorizes and directs either the Town Supervisor or 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. st Duly adopted this 21 day of March, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL RESERVE FUND #64 FOR REPLACEMENT AND UPGRADE OF HIGHWAY AND TOWN HALL HEATING AND COOLING SYSTEMS AND ESTABLISHING CAPITAL PROJECT FUND #182 – HIGHWAY AND TOWN HALL MECHANICALS REPLACEMENT PROJECT RESOLUTION NO.: 108, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Facilities Manager has requested Town Board approval to replace and upgrade the Town Highway and Town Office Buildings’ heating and cooling systems (hereinafter referred to as the “Project”), and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 407 , WHEREAS the Facilities Manager has requested Town Board approval of such Project for an amount not to exceed $175,000 to be funded from Capital Reserve Fund #64, and WHEREAS, the Town Board is authorized to withdraw and expend funds from the Capital Reserve Fund subject to permissive referendum, and WHEREAS, the Town Board wishes to authorize such Project and appropriately establish a Capital Project Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the replacement and upgrading of the Town Highway and Town Office Buildings’ heating and cooling systems (Project), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of a Capital Project Fund to be known as the “Highway and Town Hall Mechanicals Replacement Project Fund #182,” which Fund will establish funding for expenses associated with the Project and establishes initial appropriations and estimated revenues for Capital Project Fund #182 in the amount of $175,000 to be funded from Capital Reserve Fund #64, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Increase Appropriation 001-9950-9030-0064 Transfer to Capital Project by $175,000; ? Increase Revenue 182-0000-55031 Interfund Revenue by $175,000; ? Increase Appropriation 182-1620-2899 Capital Construction by $155,000; ? Increase Appropriation 182-1620-4710 Engineering Services by $20,000; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Facilities Manager to take any and all actions necessary to effectuate all terms of this Resolution, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 408 BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. st Duly adopted this 21 day of March, 2011 by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF SIX VEHICLE GARAGE DOORS RESOLUTION NO.: 109, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Facilities Manager wishes to advertise for bids for the purchase of six (6) vehicle garage doors to replace six (6) aged vehicle garage doors as will be specified in bid specifications to be prepared by the Facilities Manager and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury, for the purchase of six (6) vehicle garage doors, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. st Duly adopted this 21 day of March, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: Mr. Montesi REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 409 RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF NEW ¾ TON REPLACEMENT CARGO VAN FOR BUILDING AND GROUNDS DEPARTMENT AND ¾ TON TRUCK FOR PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 110, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury Facilities Manager wishes to advertise for bids for the purchase of a new ¾ ton Cargo Van to replace an existing cargo van in the Building and Grounds Department as will be specified in bid specifications to be prepared by the Facilities Manager and/or Purchasing Agent, and WHEREAS, the Town’s Director of Parks and Recreation also wishes to advertise for bids for the purchase of a new ¾ ton Truck to replace a truck in the Parks and Recreation Department as will be specified in bid specifications to be prepared by the Director and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the purchase of a new: 1) ¾ ton Cargo Van for the Building and Grounds Department and 2) ¾ ton Truck for the Parks and Recreation Department, in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. st Duly adopted this 21 day of March, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES: None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE TAVERN REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 410 RESOLUTION NO.: 111, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Aviation Queensbury Enterprises, LLC owns and operates The Tavern restaurant located at 342 Aviation Road, Suite 5, Sokols Plaza, Queensbury, New York, and WHEREAS, Aviation Queensbury Enterprises, LLC has applied for a liquor license, and WHEREAS, Aviation Queensbury Enterprises, LLC has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the issuance of its liquor license, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Aviation Queensbury Enterprises, LLC’s liquor license is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued to Aviation Queensbury Enterprises, LLC and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2011 by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION ACKNOWLEDGING AND ACCEPTING AUDIT RELATING TO QUEENSBURY TOWN CLERK AND RECEIVER OF TAXES’ RECORDS REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 411 RESOLUTION NO.: 112, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 387,2010, the Queensbury Town Board engaged the auditing services of Cusack & Company, CPA’s to audit statements of cash receipts and disbursements for the fiscal year ending December 31, 2010 for the Town of Queensbury Town Courts and two (2) other Departments, and WHEREAS, the Town Board reviewed the audit reports pertaining to the Queensbury Town Clerk and Receiver of Taxes and the Town Board wishes to acknowledge and accept the audit, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the audit of the Queensbury Town Clerk and Receiver of Taxes’ records, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk 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 21 day of March, 2011, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Montesi RESOLUTION ACKNOWLEDGING AND ACCEPTING REQUIRED AUDIT RELATING TO QUEENSBURY TOWN COURT RECORDS RESOLUTION NO.: 113, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 387,2010, the Queensbury Town Board engaged the auditing services of Cusack & Company, CPA’s to audit statements of cash receipts and disbursements for the fiscal year ending December 31, 2010 for the Town of Queensbury Town Courts and two (2) other Departments, REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 412 and WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123 set forth annual reporting, accounting and audit requirements for Town Courts, and WHEREAS, in accordance with such laws, the Town Board reviewed the audit reports pertaining to the Queensbury Town Court and the Town Board wishes to acknowledge and accept the audit as having fulfilled the Town Board’s responsibility to audit the Town Justices’ records, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the audit of the Queensbury Town Justice Court’s records as required by New York State Uniform Justice Court Act §2019- a and Town Law §123 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to provide a copy of such audit and a certified copy of this Resolution to: Director of Internal Audit, New York State Office of Court Administration, 98 Niver Street, Cohoes, NY 12047, and 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 21 day of March, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING CHANGE OF LANE NAME FROM LYDIA LANE TO LIDIA LANE RESOLUTION NO.: 114, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Lydia Lane is located in the Town of Queensbury, and WHEREAS, the street sign was incorrectly printed as Lidia, and WHEREAS, recently the Town Highway Department sought to correct the error, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 413 WHEREAS, residents of the street have expressed a preference for the spelling of Lidia Lane, NOW, THEREFORE, BE IT RESOLVED, that the name of Lydia Lane shall be changed and shall hereafter be known as Lidia Lane, and BE IT FURTHER, RESOLVED, that all Town maps, assessment records, Highway Department records and other Town documents shall hereafter reflect the spelling of the Lane as Lidia Lane, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Department, Assessor’s Office, Town Budget Officer and/or Town Clerk’s Office to take all actions necessary to effectuate this Resolution. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT:Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO. 115, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 414 WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Land Conservancy for the year 2011 with funding for the Agreement not exceeding the sum of $15,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION TO AMEND 2010 BUDGET RESOLUTION NO.: 116, 2011 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 $ 001-5010-4105 Mobile Communication 001-4020-4135 Vital Statistics 120 001-1990-4400 Contingency 001-5182-4305 Streetlights 5,700 002-9040-8040 Workers' Compensation 002-9080-8080 Vacation Accruals 375 004-9060-8060 Health Insurance 004-9080-8080 Vacation Accruals 150 033-8120-4400 Misc. Contractual 033-8110-4130 Town Counsel 10 st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT :Mr. Montesi REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 415 RESOLUTION AUTHORIZING ACCEPTANCE OF LOCAL WATERFRONT REVITALIZATION PROGRAM GRANT FUNDS FROM NEW YORK STATE DEPARTMENT OF STATE, ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS AND ESTABLISHING NEW CAPITAL PROJECT FUND #183 – LWRP PROGRAM GRANT RESOLUTION NO.: 117, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 268,2009, the Queensbury Town Board authorized The Chazen Companies to submit a Local Waterfront Revitalization Program (LWRP) grant application to fund an evaluation of development and re-use opportunities for the Ciba Geigy site on Warren Street in the Town of Queensbury, and WHEREAS, such Grant Application was submitted and the Town has been awarded a maximum grant award in the amount of $55,000 from the New York State Department of State, such funds to be: 1) matched by the Town, and 2) used toward the study of target Brownfield areas within the Town and formulation of plans of action to redevelop such identified areas, and WHEREAS, the Town Board wishes to: 1) authorize acceptance of such grant funds; 2) establish a Capital Project Fund #183 – LWRP Program Grant; 3) establish appropriations from the Capital Reserve Fund and estimated revenues for the grant award; and 4) authorize a temporary loan from the Capital Reserve Fund, and WHEREAS, the Town Board is authorized to withdraw and expend funds from the Capital Reserve Fund subject to a thirty (30) day permissive referendum, and WHEREAS, the Town Board wishes to authorize repayment of the temporary loan to the Capital Reserve upon completion of the Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $55,000 in grant funds to be received from the New York State Department of State and authorizes and directs the Town Supervisor to execute a Grant Agreement with the New York State Department of State, such Grant Agreement substantially in the form presented at this meeting and in form acceptable to the Town Supervisor and Town Counsel, and any other associated documentation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the establishment of a Capital Project Fund to be known as the “LWRP Grant Fund #183,” which Fund will establish funding from the Capital REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 416 Reserve Fund #64 for expenses associated with the grant funds and establishes initial appropriations of one-hundred ten thousand dollars ($110,000) and estimated revenues for Capital Project Fund #183 in the amount of one-hundred ten thousand dollars ($110,000) to be funded from grant funds in the amount of fifty-five thousand Dollars ($55,000) received by the Town through the New York State Department of State Local Waterfront Revitalization Program, and fifty-five thousand Dollars ($55,000) from the Capital Reserve Fund #64, and BE IT FURTHER, RESOLVED, that all funds shall be used consistent with and for the purposes set forth in the Grant documents, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the 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, Senior Planner and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes repayment of the temporary loan to the Capital Reserve upon completion of the Project, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT : Mr. Montesi RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND #184 AND AWARD OF BID FOR PURCHASE AND INSTALLATION OF “ABB” VARIABLE FREQUENCY DRIVE FOR HIGH LIFT #4 (700 HP FINISHED WATER PUMP) AT TOWN WATER DEPARTMENT RESOLUTION NO. 118, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 417 WHEREAS, by Resolution No.: 248,2008, the Queensbury Town Board authorized the standardization of certain equipment at the Town’s Water Department, i.e., its Large Variable Frequency Drives on motors over 75 horsepower, so that all such Drives would be required to be manufactured by ABB, Inc., and WHEREAS, the Town of Queensbury’s Water Superintendent and Civil Engineer requested an advertisement for bids for the purchase and installation of an “ABB” Variable Frequency Drive for High Lift #4 (700 HP finished water pump) as more clearly specified in bid documents and specifications prepared by the Civil Engineer and on file with the Town’s Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and WHEREAS, by Resolution No.: 86,2011, the Town Board authorized the Town’s Purchasing Agent to advertise for bids and following such advertisement and receipt of bids, all received bids were opened and th reviewed on March 16, 2011, and WHEREAS, the Purchasing Agent, Water Superintendent and Civil Engineer have recommended that the Town Board award the bid to the lowest, responsible bidder, I & C Systems Engineering, for an amount not to exceed $57,921, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the “Water Department Pump Drive Capital Project Fund #184,” which Fund will establish funding for expenses associated with the purchase and installation of an “ABB” Variable Frequency Drive for High Lift #4 (700 HP finished water pump) at the Town Water Department, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase and installation of such “ABB” Variable Frequency Drive for High Lift #4 (700 HP finished water pump) from I & C Systems Engineering, for an amount not to exceed $57,921, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 418 RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency, or in the total amount not exceeding $2,896, that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be from the Water Department Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #184 in the amount of $60,817, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: ? Increase Appropriation 040-9950-9030 Transfer to Capital Project by $60,817; ? Increase Revenue 184-0000-55031 Interfund Revenue by $60,817; ? Increase Appropriation 184-8320-2899 Capital Construction by $60,817; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING AGREEMENT WITH CHAZEN ENGINEERING & LAND SURVEYING, CO., P.C. FOR PROVISION OF REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 419 ENGINEERING TECHNICAL SERVICES TO QUEENSBURY TOWN BOARD, PLANNING BOARD, ZONING BOARD OF APPEALS AND PLANNING DEPARTMENT RESOLUTION NO.: 119, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board sought and received proposals for the provision of engineering technical services to the Town Board, Planning Board, Zoning Board of Appeals and Planning Department, and WHEREAS, the Town Board reviewed such proposals and wishes to engage the services of Chazen Engineering & Land Surveying Co., P.C., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Chazen Engineering & Land Surveying Co., P.C. for provision of engineering technical services to the Queensbury Town Board, Queensbury Planning Board, Queensbury Zoning Board of Appeals and Community st Development Department through December 31, 2011, at rates set forth in their Fee Schedule as part of th Chazen Engineering’s February 25, 2011 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign an Agreement for such services in form acceptable to the Town Supervisor, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor, Budget Officer and/or Accountant, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes Vision Engineering, LLC to continue its provision of engineering review for any projects that Vision currently has throughout the application process, and BE IT FURTHER, RESOLVED, that the Town Board and authorizes and directs the Town Supervisor and/or Accountant to take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 420 st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION REGARDING MAIN STREET UTILITIES RELOCATION PROJECT - AUTHORIZING ACCEPTANCE OF RELOCATED PORTION OF BIG BOOM ROAD FROM WARREN COUNTY; AUTHORIZING GRANT OF EASEMENTS TO NATIONAL GRID; AND AUTHORIZING CHANGE ORDERS 1 AND 2 RESOLUTION NO.: 120, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board (Town) is the duly elected governing body of the Town of Queensbury, and WHEREAS, Main Street is a narrow public highway in the Town, and WHEREAS, Warren County (County) has undertaken a project to widen the bounds of Main Street and improve the aesthetics and safety of this main corridor within the Town, and WHEREAS, utilities were required to be relocated underground along Main Street in conjunction with the Project, and WHEREAS, Warren County obtained title to a parcel of land in the Town of Queensbury in connection with the relocation of Big Boom Road as part of the Project, and WHEREAS, Warren County is willing to convey to the Town of Queensbury, at no cost, a portion of the parcel as described in the attached Schedules A and B (Property), such conveyance to be for highway purposes since Big Boom Road is a Town of Queensbury Road, and WHEREAS, the Town Highway Superintendent has approved such proposed conveyance, and WHEREAS, the Town will pay expenses relating to the preparation of maps, surveys, documents and procedural requirements, including recording fees, necessary for such conveyance, and WHEREAS, Warren County, by their Resolution No.: 858 of 2010, authorized the transfer of such Property to the Town, and WHEREAS, the Town Board wishes to accept such portion of Big Boom Road for highway purposes since Big Boom Road is a Town of Queensbury Road, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 421 WHEREAS, by Resolution No.: 67,2010, the Queensbury Town Board authorized non-exclusive assignment and grant of easements, specifically authorizing the execution of the Assignment of Easement Rights and Grant of Easement Rights in substantially the form approved by Town Counsel in connection with the Main Street Utilities Relocation Project, to National Grid, Verizon New York Inc., and Time Warner Cable so that such companies could place their respective utility infrastructure underground within the easement area, and WHEREAS, such Resolution did not include such grants over certain other Town highways, including Media Drive and Ryan Avenue, and the Town Board wishes to make similar grants over such Town highways, and WHEREAS, the Town Board has the authority to assign and grant such easement in accordance with New York State Town Law §64(2) and the Town Board wishes to assign and grant an easement over a portion of such Property being transferred from Warren County, and WHEREAS, the Town Board also wishes to authorize its transfer of ownership of National Grid’s electrical lines and the conduit in which they are located placed on such Property, and WHEREAS, the Town Supervisor has advised the Town Board that he has received Change Order #1 and Change Order #2 dated March 21, 2011 for additional work and materials, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the acceptance of the conveyance of a portion of a parcel of Big Boom Road in the Town of Queensbury from Warren County to the Town, as described in the attached Schedules A and B, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to arrange for payment of the preparation of maps, surveys, documents and procedural requirements, including recording fees, necessary for such conveyance, to be paid for the appropriate account as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, the Town Board hereby authorizes such non-exclusive assignment and grant of easement, specifically authorizing the execution of the Grant of Easement Rights in substantially the form approved by Town Counsel, to National Grid, Verizon New York Inc., and Time Warner Cable so that such companies can permanently place their respective utility infrastructure underground within the easement area, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 422 RESOLVED, that the Town Board hereby authorizes the grant of a Bill of Sale in form acceptable to the Town Supervisor and Town Counsel to National Grid of the National Grid conduit and its contents installed as part of the Main Street Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction in form acceptable to Town Counsel, including, without limitation, any needed real estate documents and Real Property Transfer Reports and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve and sign the Change Orders referred to in the preambles of this Resolution, and since such work authorized by the Change Orders has been completed, the Town Board further authorizes payment for these services, and BE IT FURTHER RESOLVED, that the portion of this Resolution granting easements is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : Mr. Montesi RESOLUTION CORRECTING MINOR TYPOGRAPHICAL ERRORS IN LOCAL LAW NO. 2 OF 2011 RESOLUTION NO.: 121, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 95,2011 the Queensbury Town Board authorized enactment of Local Law No.: 2 of 2011 to amend Queensbury Town Code Chapter 179 entitled “Zoning”, which Local Law includes revisions to the Town’s Zoning Map and the Area and Use Tables associated with the Zoning Code, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 423 WHEREAS, the Zoning Administrator and Code Compliance Officer has advised that upon his further review and proofreading of Local Law No. 2 of 2011 prior its publication, he discovered minor typographical errors in the final version of the Use Tables, and WHEREAS, the correct versions of these Tables were included in all materials for the public hearing, posted on the Town Website and provided to the Adirondack Park Agency as part of its review, and WHEREAS, the Town Board therefore seeks to acknowledge these minor typographical errors and correct the final version of the Use Tables as part of Local Law No. 2 of 2011 in order to ensure consistency with the documents presented and used during the public hearing and with the written Town Code, and WHEREAS, copies of the corrected Use Tables have been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby corrects the typographical errors in Local Law No. 2 of 2011 as delineated in the preambles of this Resolution and as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Zoning Administrator and Code Compliance Officer to take any and all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Local Law No. 2 of 2011 as enacted by Resolution No.: 95,2011 in all other respects. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: Mr. Montesi RESOLUTION AUTHORIZING ADOPTION OF GRIEVANCE PROCEDURE UNDER AMERICANS WITH DISABILITIES ACT RESOLUTION NO.: 122, 2011 REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 424 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier , WHEREASin accordance with the Americans With Disabilities Act of 1990 (ADA), the Queensbury Town Board wishes to adopt a Grievance Procedure to meet the ADA’s requirements so that any anyone wishing to file a Complaint alleging discrimination on the basis of disability in the provision of services, activities or programs or benefits by the Town of Queensbury can utilize such Procedure, and WHEREAS, a draft Procedure has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Town of Queensbury Grievance Procedure Under The Americans With Disabilities Act substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to make arrangements for the distribution of a copy of such Program to every employee, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to amend the Employee Handbook accordingly to reflect adoption of this Procedure, and BE IT FURTHER, RESOLVED, that a Notice of the Town's compliance with the Americans With Disabilities Act shall be prominently displayed in Town Hall, at the Queensbury Senior Center, and on Town Bulletin Boards, and shall also be published on the Town's official website, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel and/or Senior Planner to take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough NOES : None ABSENT : Mr. Montesi REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 425 RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF THND MARCH 10 AND MARCH 22, 2011 RESOLUTION NO.: 123, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as ththth Warrants with run dates of March 10 and March 17, 2011 and respective payment dates of March 10 and nd March 22, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with the run dates of thththnd March 10 and March 17, 2011 and payment dates of March 10 and March 22, 2011 totaling $55,579.15 and $1,194,802.60, respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: Mr. Montesi RESOLUTION REGARDING THE HALFWAY BROOK STORMWATER/DRAINAGE CAPITAL PROJECT #171 RESOLUTION NO.: 124, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Town Board Resolution No.: 225, 2008, the Queensbury Town Board established the Halfway Brook Stormwater/Drainage Capital Project Fund #171 (Project) which Fund established funding for expenses associated with the Project, and WHEREAS, as part of such Project, the New York State Department of Environmental Conservation awarded a $186,000 grant to the Warren County Soil & Water Conservation District (Warren County) for work to be performed to the benefit of the Town of Queensbury, that carried with it the requirement of a local match which could take the form of services in kind, as well as matching funds, and REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 426 WHEREAS, such grant funds were to address stormwater runoff for Halfway Brook in the Town of Queensbury, specifically, the major stormwater outfall from Route 9 into the brook adjacent to the Enterprise Rent-a-Car, Route 9, Queensbury, and WHEREAS, Warren County provided “in-kind” services in connection with such grant funds and as a full partner in the Project, the Town of Queensbury agreed to provide the 50/50 matching funds, and WHEREAS, in 2006, it was estimated that the Town would contribute $186,000 (to match DEC’s cash grant of $186,000) but since the estimates were two years old, the Town Board added a 10% contingency to their match of $186,000, bringing the Town’s match to an amount not to exceed $204,600, and WHEREAS, the Town Board financed the proposed Project through the Town-Wide Drainage Fund #66 established by Resolution No.: 475,2006, and WHEREAS, Resolution No.: 225,2008 stated that Warren County was awarded a $186,000 grant, requiring a local match and so the expense line was budgeted for $186,000 with a 10% contingency for a total of $204,600, however, the expense line at that time should have been set for $372,000 (double the grant amount of $186,000), and WHEREAS, the current project is substantially completed for the total cost of $274,000, well under the budgeted amount of $372,000, so to cover these costs, the Town Board needs to authorize a temporary loan from the General Fund in the amount of $70,000 that will be paid back when the Town receives its funds from the State, and WHEREAS, in accordance with New York State General Municipal Law §9-A, the Town Board is authorized to temporarily advance moneys held in any fund to any other fund, and WHEREAS, the New York State Department of Environmental Conservation has advised the Town that it will allow the Town to utilize unallocated grant funds to purchase a large array of stormwater infiltration chambers for the Halfway Brook North (Northway Plaza) stormwater project located in front of Monroe Muffler, in order to infiltrate a huge volume of polluted stormwater, preventing it from reaching the Brook, and therefore the Town Board also wishes to expand the original Project to include such new portion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes an increase in appropriations in the Halfway Brook Stormwater/Drainage Capital Project Fund #171, Expense Acct No. – 171-8540-2899 (Capital Construction) to the amount of $372,000, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish appropriations and revenues in the following account as necessary: REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 427 ? Revenue Acct No. – 171-0000-53789 (State Aid, Economic Assistance) $186,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to increase and/or establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the Town Budget Officer to temporarily advance $70,000 from General Fund #001 to the Halfway Brook Stormwater/Drainage Capital Project Fund #171, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 General Fund #001 and Halfway Brook Stormwater/Drainage Capital Project Fund #171 as needed, keep suitable records and arrange for the repayment of the temporary loan as soon as available, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the utilization of unallocated grant funds to purchase a large array of stormwater infiltration chambers for the Halfway Brook North (Northway Plaza) stormwater project located in front of Monroe Muffler, in order to actually infiltrate a huge volume of polluted stormwater, preventing it from reaching the Brook, thereby expanding the original Project to include such new portion, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary Agreements or documentation associated with such project and the Town Supervisor and/or Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. st Duly adopted this 21 day of March, 2011, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT : Mr. Montesi CORRESPONDENCE 5.0 DEPUTY TOWN CLERK O’BRIEN-Supervisors Report for Community Development and Building and Codes for month of February 2011 on file in Town Clerks Office. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 428 ? Public Hearing to be held on the Rockhurst Septic Maintenance District this rd Wednesday. March 23, 2011 North Queensbury Firehouse at 7:00 p.m. noting it is not just for the people on Rockhurst anyone that wants to come should. COUNCILMAN STROUGH ? Read the February Report of Fire Marshal, Mike Palmer noting the importance of carbon monoxide detectors. Also noted that motor vehicles left running in a garage have been the source of some of their responses this is a dangerous practice due to the fact there is no assurance that the vehicle exhaust will leave the garage structure. It is recommended that the vehicle be removed from the structure immediately after starting. Life expectancy of a carbon monoxide detector is about five years a smoke detector about ten years. ? The round-a-bout in Ward 3 is making progress. It just went through another major hurdle it is on its way. SUPERVISOR STEC ? The round-a-bout needs to go through a funding process regionally it cleared that hurdle recently. There is funding available to do the design work this year and to do the construction which is funded for next year. One of the things besides the round-a-bout itself at the intersection with the main school entrance and the church where the traffic light is in the interim was to add a right turn only lane as you head west bound on Aviation Road to turn into the school that was thought to make traffic flow much better and congestion less and hopefully be a safer situation. We’ve have asked to have that added into the project, it needs to make its way through the process it looks like we will be able to do that, too. COUNCILMAN BREWER ? NO COMMENT SUPERVISOR STEC ? Condolences to the family of Hank Manney a thirty five year employee of the Town who worked for the Cemetery Department we appreciate everything he did for the Town he was a very conscientious hard working employee he will be missed. ? Spoke regarding staffing at the Cemetery Department. We had an employee a couple months ago retire in 2008 there were four full time employees in Cemetery not including the Crematorium. One left we didn’t replace a laborer position we have been covering that with part time and seasonal employees, which I think was a good decision. In the last few months we had the working foreman retire so now we are down to one full time employee in the Cemetery. The jobs have been posted the posting expiration was last Friday I do believe at the next meeting we will be promoting someone to the working foreman position. We are looking at the applications now for hiring a Heavy Equipment Operator and then following that a laborer. We are certainly going to go up to at least two, but in all likelihood we will go back to three. ? Towns website www.queensbury.net ? Thanked TV 8 and the sponsors for televising the Town Board Meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 125, 2011 INTRODUCED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 03-21-2011 MTG #8 429 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. st Duly adopted this 21 day of March, 2011, b y the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES:None ABSENT:Mr. Montesi