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2013-03-18 MTG.14 REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 941 TOWN BOARD MEETING MTG. #14 MARCH 18, 2013 RES. 142-162 7:00 PM LL #2 TOWN BOARD MEMBERS SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL MARK SCHACHNER TOWN SR. PLANNER STUART BAKER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH 1.0 PUBLIC HEARINGS 1.1 Amendment to Emergency Protection Services Agreement Between Town of Queensbury and Bay Ridge Rescue Squad Inc. for Provisions of Medical Director Expenses NOTICE SHOWN th PUBLICATION DATE March 8, 2013 Supervisor Ronald Montesi-All this is basically is in the years past the hospital used to pay for the Doctor that handled the EMS Squads and that is no longer the case. Everybody has tight budgets so it is something that the Town will be paying for. In this particular case with Bay Ridge it is fifty nine hundred and forty dollars. This is the public hearing any thoughts or comments? No comments – Closed the public hearing. RESOLUTION AUTHORIZING AMENDMENT TO EMERGENCY PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE SQUAD, INC. FOR PROVISION OF MEDICAL DIRECTOR EXPENSES RESOLUTION NO.: 142, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Town Law §184, the Queensbury Town Board (Town) 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 Town has entered into an Agreement for emergency protection services REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 942 with the Bay Ridge Rescue Squad, Inc., (Squad) for 2012 through 2014, and WHEREAS, the Town and Squad negotiated and agreed upon terms to reopen such Agreement to provide additional services to the Town which will result in additional expenses for a Medical Director, as is now mandated by New York State and the Regional EMS Council, for an amount of $5,940 per year for the duration of the Agreement, and WHEREAS, since such services and corresponding expenses are not presently included in the Squad’s 2012-2014 Agreement with the Town, the Town Board duly held a public hearing on th Monday, March 18, 2013 concerning such additional services and expenses and coinciding amendment to the Squad’s Agreement, and heard all interested persons, and WHEREAS, the Town Board has determined that such additional services will benefit Town residents and visitors to the Squads’ service area(s) and therefore it is necessary and in the public interest to act on such proposal to improve the provision of emergency services to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Amendment to the Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., regarding the provision of additional services to the Town which will result in additional expenses for a Medical Director and authorizes and directs the Town Supervisor to sign such Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to transfer funds, amend the Town Budget and take all actions necessary to provide for payment relating to such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. th Duly adopted this 18 day of March, 2013 by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 943 1.2 Amend Queensbury Town Code Chapter 179 “Zoning” to Rezone All Parkland/ Recreation Zones-Forty Two Acres (PR-42) that lie on the West Side of NYS Interstate I-87 to Parkland/Recreation Zones – Ten Acres (PR-10) NOTICE SHOWN PUBLICATION DATE: MARCH 8TH, 2013 Supervisor Ronald Montesi-Sometime in the past the Town of Queensbury had rezoned the property of the City on the watershed between Potter Road and Peggy Ann Road to forty two acres from ten acres. At that point the City sued and there was a lawsuit that continued for three or four or five years. When I took office it just didn’t seem like a reasonable lawsuit and I asked the City if we went back to ten acres could we settle this and that was the answer, yes. So, this is part of that settlement and it makes some sense to us to do it and to make some friends with our neighbors to the South. We have our Attorney with us tonight to answer any of the questions that may come up. Does the public have any thoughts on this? Yes. Sir. Please state your name. Mr. George Winters-4 John Clendon Road, Queensbury I got to agree with you I think this was ridiculous to move that up to forty two acres. I also think it is ridiculous to have it at ten acres. Why would you want a piece of property like that, want it for ten acres? That Adirondack Park you can build a house on five acres, that would make more sense to me. Supervisor Montesi-Well, George it is a good point but it is their watershed property and you really need to try and protect that land, but the City was comfortable with going back to ten acres and maybe in the future they will come in and ask for something like you are talking about. In order to settle this and to at least open, you know, hands across the border, I think this is a good way to start. Mr. Winters-That is my thoughts anyway. Thank you. Supervisor Montesi-Goodevening Mr. Mayor. City of Glens Falls Mayor John A Diamond-Goodevening. Supervisor Montesi-Any other thoughts from the public? Ms. Donna Rothstein-Zenas Drive in Queensbury Are you talking about only the property, because that does connect to my backyard basically. Is it the property from Dixon? REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 944 Supervisor Montesi-Everything between Potter Road and Peggy Ann Road and West Mountain Road on the north. Ms. Rothstein-Ok, now what are they planning to do with that are they going to put a housing developments in there? Supervisor Montesi-No, at this point it is just getting it back to the ten acre zoning. Hopefully with the City what we are going to do is try to develop a passive recreational area whether it be hiking and biking some trails, not only on this piece of property but all the way up to Butler Pond. Ms. Rothstein-That was my concern I got petitions signed by all the people that live on Zenas Drive because we don’t, we really do not want a housing development behind our homes and some people were pretty sure they couldn’t do there because it is the watershed but I just wanted to make sure. Supervisor Montesi-It is a pretty sensitive piece of property and the City is aware of that the Halfway Brook or Clendon Brook runs through it so you know, the amount of development on that property would be probably limited somewhat. Ms. Rothstein-All right, thank you. Supervisor Montesi-Yes. The Mayor Ms. Lisa Balschunat-60 Helen Drive I was just curious if the City of Glens Falls is still planning or hoping for the Planned Unit Development that they discussed in 2010? The neighborhood commercial style type of development? There was a plan, I see there is a map over there I did not get a chance to look at that one. I am looking at the one that was published in the Post Star a couple of years ago, where they were considering single family homes. Maybe some areas that would include banks and convenience stores. I am just curious how close that comes to the Helen Drive, Zenas Drive that section of property. Is there would to be a little bit of buffer between that and the existing property line? Supervisor Montesi-I cannot answer for you but I see the Mayor is in the back we may be able to get an answer from that. But, bear in mind that anything commercial between commercial and residential is going to require a buffer zone anyway. Ms. Balschunat-What is the typical buffer zone? Councilman Strough-A hundred feet. Ms. Balschunat-A hundred. Councilman Strough-Yea, it is pretty restrictive zoning, I mean, front yard setback one hundred feet, side yard setback one hundred feet, rear yard setback one hundred feet, shoreline stream wetland setback one hundred and fifty feet. Lot width minimum eight hundred feet, I mean it goes on. It is very restrictive zoning REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 945 and I am ninety nine percent sure that we do not allow PUD’s in this kind of a zone. Councilman Brewer-So, it would have to be rezoned if they wanted to a PUD. Councilman Strough-Then there would be another public hearing on that and, so this right now is just for returning to ten acre zoning that it was. Mr. Balschunat-Ok. Thank you. Supervisor Montesi-Welcome to Queensbury City of Glens Falls Mayor Diamond-Thank you very much it is a pleasure to be here today. First of all I would like to thank Mr. Montesi and the Council here for working with the City of Glens Falls on three litigations that have been pending for quite a while, one was settled in 2012 that was in regards to sewer capacity and the purchase of capacity. The last two litigations have been zoning, rezoning of Halfway Brook area our watershed property and the dam assessment. So, it truly shows that the communities can work together for the betterment of Warren County. I commend the Board, I also want to thank the Queensbury School District for their support on the initiatives and I think the message is clear that we are sending here is that if we want to bring people to our community our region to work live and play that our communities can work together without going through the legal process to iron some issues that have been between the communities. On behalf of the City I thank you guys for your support your ..dedication and we think this is just a step forward for the future of the Town of Queensbury and the City of Glens Falls. I would like to address two questions that were proposed, matter of fact I think the first gentleman’s name was George Supervisor Montesi-Winters. Mayor Diamond-George, I certainly appreciate your thoughts as far as five acres, if I have a preference it would be one acre but we agreed on ten acres and that is our position. We looked at as a result of the settlement agreement having a recreational opportunity that would include areas of our watershed for bicycling, maybe soft motorbikes, cross country skiing, typical activities that would bring people to our community. I think that our watershed property being one of the largest property owners in the Town of Queensbury, I think we own over thirty three hundred acres of land it presents an economic stimulus to our region for recreation to bring people here on a year round basis. So, I think that presents an opportunity for the future. The second question was raised about development of the land. It is not my intentions to develop the land. I think the Planned Unit Development was a concept that we shared with the Town of Queensbury that had a recreational component along with an opportunity for economic development. That was a plan, we have not engaged in to trying to develop it the City would not develop it if the City was to progress in that direction they probably would have to bring in a developer as Mr. Strough said the process is lengthy. It would require Planning Board approval probably variances. I think there are multiple steps and I think that their code requires to meet any standards that, that any questions that any residents would have in REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 946 regards to any developments. So, I think that from my perspective we are not looking to build homes at this point in time up there but we are looking for a recreational aspect that would benefit the Town of Queensbury, the City of Glens Falls and the County of Warren. So, again, I come here to show my support for resolution one. Resolution two, on the assessment I think that also benefits the Town of Queensbury and the City of Glens Falls at the same time. So, again, gentlemen thank you very much for your support on these initiatives and we look forward to working together to benefit Warren County. Supervisor Montesi-Thank you. Councilman Brewer-Thank you. Councilman Strough-Thank you, Jack. Supervisor Montesi-Any other questions? We have an environmental assessment form to fill out? Town Counsel Schachner-That is correct, have you closed the public hearing? Supervisor Montesi-We close it. Town Counsel Schachner-So, is the Board prepared to go through the environmental assessment form? Board – Yes Town Counsel Schachner-As you know there are twenty questions at least initially all answerable in a yes or no. 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 REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 947 11. Will Proposed Action affect aesthetic resources? NO 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 the 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 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 Town Counsel Schachner-Since you have not answered any of the questions in the affirmative I think the Board can move onto the next step if you wish. RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2013 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO REZONE ALL PARKLAND/ RECREATION ZONES – FORTY TWO ACRES (PR-42) THAT LIE ON THE WEST SIDE OF NYS INTERSTATE I-87 TO PARKLAND/ RECREATION ZONES – TEN ACRES (PR-10) RESOLUTION NO.: 143, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2013 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to rezone all Parkland/Recreation – Forty-Two Acre Zones (PR-42) that lie on west side of NYS Interstate I-87 to Parkland/Recreation – Ten Acre Zones (PR-10), and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 948 st WHEREAS, on or about March 1, 2013, the Warren County Planning Office considered the proposed rezoning and recommended “no county impact,” and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, and th WHEREAS, the Town Board duly held a public hearing on Monday, March 18, 2013 and heard all interested persons, and WHEREAS, as State Environmental Quality Review Act (SEQRA) Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law, reviewing the Full Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment and the Town Board hereby authorizes and directs the Town Supervisor to complete the Full Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a State Environmental Quality Review Act (SEQRA) Negative Declaration and authorizes and directs the Town Clerk’s Office and/or Community Development Department to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law, reviewing information from the 2007 Town of Queensbury Comprehensive Land Use Plan along with the 2003 Open Space Vision Plan and thoroughly analyzing the Local Law for consistency, determines that the Local Law is consistent with the strategies and recommendations of these two documents and that together with this Local Law the Town Board is also, separately, actively pursuing opportunities, with the City of Glens Falls and others, to continue to provide open spaces and recreational opportunities, not only on the lands subject to this Local Law, but throughout the Town and that the Local Law supports and continues to allow for the preservation of the natural resources in the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 949 RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2013 as presented at this meeting to amend Queensbury Town Code Chapter 179 entitled “Zoning,” to rezone all Parkland/Recreation – Forty Two Acre Zones (PR-42) that lie on west side of NYS Interstate I-87 to Parkland/Recreation – Ten Acre Zones (PR-10), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 18 day of March 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None LOCAL LAW NO.: 2 OF 2013 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO REZONE ALL PARKLAND/RECREATION ZONES – FORTY TWO ACRES (PR-42) THAT LIE ON THE WEST SIDE OF NYS INTERSTATE I-87 TO PARKLAND/RECREATION ZONES –TEN ACRES (PR-10) BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, “Zoning,” §179-3-040 entitled "Purpose and establishment of zoning districts," subsection A(6) is hereby amended as follows: § 179-3-040. Establishment of zoning districts. The zoning districts established by this chapter, subject to future amendment, including an aggregate of all of the area of the Town, are and shall be as follows: A. Residential Districts. REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 950 (6) Parkland Recreation PR-42A and PR-10A. The PR Districts encompasses areas where lands are controlled by municipalities and are set aside for the protection of natural resources or recreational activities and which can support minimal development or low-impact land uses of very low densities. This area of the Town is described in the "Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007, and this district remains unchanged from what was provided under the 2002 Zoning Law. (a) Uses allowed. The uses allowed in this district are set forth on Table 2 of this chapter. (b) Dimensional requirements. All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except density and building height which are maximum restrictions.): \[1\] Density: 42 acres per principal use/structure. \[2\] Front yard setback: 100 feet. \[3\] Side yard setback: 100 feet. \[4\] Rear yard setback: 100 feet. \[5\] Shoreline/stream/wetland setback: 150 feet. \[6\] Lot width: 800 feet. \[7\] Lot depth: 800 feet. \[8\] Road frontage: 400 feet. \[9\] Water frontage: 800 feet. \[10\] Building height: 35 feet. \[11\] Percent permeable: 90%. (c) Subdivision requirements. \[1\] Minimum area for conservation subdivision: 210 acres. \[2\] Design standards and requirements: as set forth in § 179-4-010 of Article 4. (d) Nonresidential development standards. The standards and requirements set forth in Article 4 of this chapter shall apply to all nonresidential uses in this district where applicable. SECTION 2. Queensbury Town Code Chapter 179, “Zoning,” Table 1 entitled "Summary of Allowed Uses in Residential Districts" is hereby amended as attached and made part of this Local Law, to add “PR-10A” under the section entitled “Parkland/Recreation.” SECTION 3. Queensbury Town Code Chapter 179, “Zoning,” Table 4 entitled "Summary of Dimensional/Bulk Requirements" is hereby amended as attached and made part of this Local Law, to add the section and references pertaining to “PR-10A.” SECTION 4. The Town Zoning Map of the Town of Queensbury shall be changed so that all properties currently zoned Parkland Recreation PR-42A and are located on the westerly side of REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 951 NYS Interstate I-87 shall now be, as of the effective date of this Local Law, Parkland Recreation PR-10A. SECTION 5. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. SECTION 6. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 7. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law §27. Supervisor Montesi-We are skipping down to Resolution No. 1. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY CITY OF GLENS FALLS RESOLUTION NO.: 144, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the City of Glens Falls (City) owns five (5) parcels of property that comprise the City’s dams and reservoirs within the Town of Queensbury, and WHEREAS, the City’s five (5) parcels and their 2011 assessments are as follows: Property Tax Parcel No. 2011 Assessments Butler Pond Dam 287.-1-1 $ 737,000 Butler Storage Pond 294.-1-1 $2,831,700 Wilkie Reservoir 294.-1-5 $1,446,100 Keenan Reservoir 300.-1-8 $1,360,400 Halfway Brook Dam 302.13-1-1 $ 568,200 WHEREAS, the City previously commenced litigation against the Town of Queensbury concerning the 2011 assessments on the Parcels, and WHEREAS, there have been discussions between the Town and the City in an effort to reach a compromise and settle the litigation, and a settlement proposal has been developed, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 952 WHEREAS, the Real Property Tax Law (RPTL) permits towns to provide tax exemptions for municipally-owned parcels such as those listed above, and WHEREAS, the Town Assessor has reviewed the proposed settlement terms and endorses the proposed settlement, and WHEREAS, the Queensbury Union Free School District (District) has approved the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending assessment litigation filed by the City of Glens Falls against the Town of Queensbury regarding the tax map parcels listed above on the following terms: 1. The assessments on the Parcels on the final assessment rolls of the Town of Queensbury for the years 2013, 2014 and 2015 shall be as follows: Property Tax Parcel No. Assessments for 2013, 2014 & 2015 Butler Pond Dam 287.-1-1 $ 674,600 Butler Storage Pond 294.-1-1 $1,835,500 Wilkie Reservoir 294.-1-5 $1,446,100 (no change) Keenan Reservoir 300.-1-8 $1,260,700 Halfway Brook Dam 302.13-1-1 $ 568,200 (no change) and 2. The Parcels shall be exempt from Town property taxes (except for Special District taxes) for each year from 2014 through and including 2023, and 3. For the assessment rolls for 2013, 2014 and 2015 the assessments listed in Paragraph 1 shall apply even if the Town conducts a Town-wide revaluation, and 4. If the City makes improvements to any of the Parcels prior to the taxable status dates for the Town assessment rolls for 2013, 2014 or 2015, the Town Assessor may increase the assessment(s) on the affected Parcels(s) above the amount(s) specified Paragraph 1 to reflect the value of the improvements, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 953 5. If the Parcels are improved any time before the taxable status date for the 2022 assessment roll, the affected Parcel(s) shall also be subject to Town taxes on the full amount of the increased assessment(s) beginning the next time tax bills are regularly issued, and 5. As long as the assessments on the Parcels are set at amounts no greater than those specified in Paragraph 1, the City shall not challenge the assessments. If the assessment on any Parcel is set at an amount greater than the amount set forth in Paragraph 1 for that Parcel, the City may challenge only the amount of the increase in the assessment on that Parcel, and 6. Real Property Tax Law §727 shall not apply to this settlement, and 7. For each of the Parcels, the settlement shall apply only if the City of Glens Falls owns the Parcel, and 8. The City shall discontinue the 2011 assessment litigation against the Town and no refunds or costs will be paid to the City by the Town or the School District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 18 day of March, 2013 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT : None Discussion held before vote: Supervisor Montesi-The City of Glens Falls spent near thirteen million dollars redoing the dams on their property, there are five dams on the watershed, and when that construction was done our Assessor assessed those dams at half the value, six million dollars and the City took exception to that and we got involved with a lawsuit with that. What the City did was rebuild the dams they certainly did not do new dams so when I got together with the Mayor we worked on an idea that perhaps twenty five percent would be a much more reasonable figure, seventy five percent was re-construction and twenty five percent some new fixtures on the dams. We reached an agreement there and then while doing this we found out that years back 1998-97 the County of Warren exempted the City from paying taxes on the watershed and that was about fifty thousand dollars. For the Town of Queensbury to exempt the City from paying taxes on the watershed we are talking about thirty seven hundred dollars. That is REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 954 what I proposed, my Town Board went along with this. We thought it was fair, the City is not asking to do any, as you heard the Mayor, they are giving up some of their development concepts. What is going to happen now is that we are going to be able to develop that property with the City for recreational needs. It ought to be something special. My thought process is that up at the Warren County Upyonda in Bolton Landing they built a composting restroom facility that does not need water and I just thought wouldn’t that be a great thing to have around Butler Pond it is a three and a half mile walk around the pond and then if we extend the trails that we want to do it would be about a ten mile hike through the woods, starting down on West Mountain Road and all the way through that watershed property. It makes some really good sense that we have a jewel here as the Mayor points out and I think we ought to capitalize on it. The School Dist. Is affected by this, they will be walking away from twenty one thousand dollars in a reduction in taxes, the City will still be paying the school a hundred and twenty eight thousand for the watershed property. Our Assessor Teri Ross and I met with Dr. Huntley of Queensbury School and fortunately it was three days before the School Board Meeting he had the meeting with the school board and they approved the idea and here we are. I think it makes really good sense that we are being able to do this. Vote taken 1.3 Public Hearing- Aviation Road/Dixon Road/Farr Lane Intersection Improvement Project NOTICE SHOWN th PUBLICATION DATES: March 7-11 2013 Supervisor Montesi-The Public Hearing is now open. Presentation by Creighton Manning Engineering For some of you this is the second time going through this the reason was we did not have quorum of Board Members at the first meeting and our regulations require it. Mr. Stephan Godlewski PE – Project Manager for Creighton Manning Engineering We have Sue Torelli she is in the back she will be helping me out with the presentation she is the Project Engineer. Over by the door we have Don Adams he is the Design Supervisor for the project. You will have to bear with me I have script, for those who sat through the first one thank you for coming out for the second one. As announced this is the public hearing for the Aviation Road/Dixon Road and Farr Lane Intersection improvement project located in the Town of Queensbury, Warren County, New York. The purpose of this public hearing is to meet the legal requirements of Article II of the Eminent Domain Procedure Law. A notice of the public hearing was published in the Post Star for five consecutive th days beginning March 7 2013. A copy of the notice of public hearing was sent to the assessment record billing owners potentially impacted by the proposed public project. As in the notice there are several purposes of tonight’s hearing. One; provide information on the proposed project background and evolution. Two; explain and describe the public use benefits and purpose to be served by intersection improvement project. Three; describe the location or geographic parameters of the proposed project and explain the reasons for the selection of the location. Four; discuss the general effect of the proposed project on the environment and on the residences of the Town of Queensbury. Five; identify the REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 955 property interests the Town will need to acquire in order to accomplish this project and Six; accept and consider public comments on the proposed project. The oral statements made during tonight’s session will be recorded by the Town Clerk additionally various documents have been available for public inspection. Those documents have been pre-marked as exhibits and will be incorporated into the record of this hearing. Following tonight’s session members of the public are invited to submit written comments or other documents related to the proposed project. These written comments and documents should be addressed to Stuart Baker, Town of Queensbury, 742 Bay Road, Queensbury, New York 12804. These written comments and documents will be included as part of the record of this hearing. I would also like to note that any comments received as part the first presentation that we had will also be incorporated into this record and do not need to be made again tonight unless you so choose. As soon as possible after tonight session copies of the transcript of this hearing and the hearing exhibits will be made available to the public for examination without cost during normal business hours at the Queensbury Town Office, 742 Bay Road, Queensbury, New York 12804, at the Crandall Public Library, 251 Glen Street, Glens Falls, New York 12801. Any person that would like to examine these records should contact Stuart Baker with the Town . At some point within ninety days after the record of this hearing is complete the entire record will be delivered to the Town of Queensbury Town Board for consideration and for their action. That further action will occur in the form of the Town Board rendering its determination and findings concerning this proposed public project. A brief synopsis of the Town Board’s determination and findings will be published in appropriate newspapers and mailed to assessment record billing owners. There are several exhibits that are going to be incorporated into the record of this proceeding. The exhibits that are made a part of the record and the transcript will be made available for public review. In addition to the exhibits that have been pre-marked and entered into the hearing record this evening all written public comment submissions will be entered into the hearing record as exhibit ten collectively. The notice of tonight’s public hearing was published in the Post Star and that notice along with the affidavit of publication have been pre-marked as exhibits one and two. In addition to publishing the notice of this hearing in the newspaper the Town mailed notices to each of the assessment record billing owners. The letter notices along with copies of certified mailing and return receipts documents have been pre-marked as exhibits three through six. The affidavit of mailing the letter notices has been pre-marked as exhibit seven. Also available tonight for public inspection is a copy of the design report prepared by Creighton Manning Engineering who was retained by the Town to design and oversee this project. It includes many of the technical details relating to the project including the scope and evolution, alternatives, environmental, historical and social matters that were considered. The design report has been pre-marked as exhibit eight. A power point presentation has been prepared for tonight’s public hearing. The presentation contains technical information on the project corridor. Copies of the slides from the presentation have been collectively pre-marked as exhibit nine. At this time we will request that all pre-marked exhibit be admitted into the record of these proceedings. The preferred design alternative for the project involves the acquisition of private property. The Town is required to follow specific process to acquire the property rights necessary for the construction of the project. The technical portion of the hearing will include an explanation of the REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 956 property acquisition process. At the conclusion of the technical presentation we will open the floor for public comments. As you entered the auditorium this evening there was a sign in sheet on the sign in sheet we asked you whether to indicate whether you wish to comment, provide oral comment this evening. The Town will also accept written comments and documents related to this project th tonight and by mail before March 28 2013. We will now begin the design presentation. Thank you, that is as much fun for me as it is for you. I do not enjoy that. As I said I am Steve Godlewski I am with Creighton Manning I am a Project Manager thanks for coming out again I know snow is in the forecast and we were not sure the actual meeting was going to be held but we are all here and thank you. Just a brief agenda, I already kind of covered a bunch of this stuff so I am going to fly through it pretty quick. The introduction we already open the public hearing we will go over the background and the objectives then we will have a technical presentation we will go over the right of way acquisition process and the next steps and then we will open it up for any questions and comments. Just a few general housekeeping, this is everything that I already kind of said but I will go over it real brief. Everything is being recorded, restrooms are outside, no smoking clearly we are in a public space, everything else is pretty standard. We have already opened the public hearing, part of it we went over why. Background, now we are in the technical parts, the part I actually enjoy. Two thousand eight there was the Aviation Corridor Study, a lot of public input, the goal of this was, the goal of that study was to provide a frame work and a vision for the actual Aviation Road Corridor. That study recommended several improvements along this corridor to help meet that vision. One of which being was intersection improvements at the Aviation Road/ Farr Lane/Dixon Road intersection. In two thousand ten the Town with the help of AGFTC was the local planning organization and the New York State DOT, successfully received funding to progress the project to construction and design. The funding that I just mentioned is a combination of State and Local Funding, I am sorry, Federal and Local Funding. Eighty percent of the money for this project is Federal, twenty percent being picked up by the State and the Town . Because there is Federal Funding involved we need to follow what is referred to as NEPA process and then we have to prepare an environmental document that meets the spirit of that process and answers all the questions that we need to. The is a pretty lengthy list but basically is used to identify the project you need to go through it and identify what the alternatives are and then you need to evaluate all those alternatives from an engineering standpoint from an environmental standpoint, an example are there any endangered species, historic resources, etcetera, etcetera. The idea of this is to make sure you are building the right project. Include in this is a comparison of alternatives that I should note the environmental document the DOT we are required to evaluate both a roundabout and a traffic signal whenever you have an intersection project. Project objectives; As you can see approve traffic conditions and flow, improved bicycle and pedestrian accommodations, reduce the accident severity and provide an improvement consistent with the community vision. Alternatives; We develop alternatives based on a lot of different things. You can see these are all interconnected, we have public comment, they are stake holder objectives, and engineering design standards, and previous studies. These are all the things that we use to develop the alternatives. We tried to do a lot of rework. I do not enjoy it but it really makes things easier and helps you build a better project when you based it off previous REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 957 studies that have happened and it is a project that everybody can buy into. With that I will turn it over to Sue Torelli, who is going to run through the technical portion of the presentation. Ms. Susan Torelli-I am Sue Torelli from Creighton Manning Engineering I will walk through the alternatives as Steve said we need to look at a bunch of things when we go through the NEPA and SEQRA process. One of them is looking at the no build alternative which is if you just leave the intersection and do nothing. Next we have a signal option and a roundabout option. Existing conditions is what I am going to go through first, next I am going to touch on alternatives we are going to look at some traffic models walk through just a little bit of background on why we look at roundabouts for intersections now and then we will compare the two alternatives. So, the existing conditions, if you are not familiar with the area, the High School is over on this side of the screen as well as Eighty Seven. Then this is Aviation Road/ Farr and Dixon. Aviation is the east west road, Farr being toward the north and Dixon to the south. Some things to point out with Dixon and Farr is that one of them is Dixon has a significant skew coming into the intersection as well as it does not line up across from where Farr Lane comes into Aviation either. The land use, we have residential in the west to the east there is more businesses. Pedestrian and bicycle facilities currently there are some sidewalks through the corridor however they do not necessarily connect. You can see in the aerial shot that there is one here, it just kind of ends. Some of the newer businesses have built them and with the vision that there are going to be built throughout the corridor. When there are no sidewalks, pedestrian are accommodated on the paved shoulders which are also not consistent through Aviation Corridor they very in width. At the intersection there is no cross walks currently or pedestrian signals. One of the reasons upgrades to pedestrian and bicycle facilities is important at this location is because of its proximity to the school it is within point five acres so a lot of students walk within that range. Travel speeds vs. posted speed limits. We look at when we do a study we look at the eighty fifth percentile speed that is operating speed that only fifteen percent of the motorist exceed during the off peak hours. On Aviation Road the posted speed limit is thirty five and the speeds are closer to forty. On Dixon and Farr it is about forty and thirty posted and it is around that range it is about thirty nine and twenty eight so consistent. The delays on Dixon Road we look at levels of service it is just like grades in High School, it is A through F and it is based design times. The worst leg of the intersection is Dixon and during the PM peak hour it has a level of service of D. If we leave it as is looking at the no alternative looking out twenty years that would drop down to an E. Accidents at the intersections over three years we looked at 2009 through 2011 there were ten accidents which end up being three point five times the State wide average. We compare that to the State wide average because there, even though it is not a State Road there is no Town Road comparison to that. So, as I mentioned earlier the skew on Dixon you can see it is pretty substantial, it is about twenty five degrees. It makes it difficult when you pull up to the intersection looking both ways, trying to look behind you and see, it makes judging this gap and getting out into traffic difficult as well. Another thing is when you turn right from Dixon it is a very hard turn. It accommodates about a car nothing bigger than that not even a delivery truck. There is a sidewalk here and there are some tire marks on that so they are obviously off tracking up onto the sidewalk. With Farr and Dixon not lining up REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 958 another thing that is confusing is when you are turning left and there is another car turning left those paths actually cross. Normally you come up to an intersection if you are straight across from the other road you can take a left at the same time because the paths are not crossing. So, that is another issue with it being skewed like this. This is the alternatives, this is alternative one, we are looking at a new traffic signal so I am just going to point out a couple features of this one. So, one of the things we are trying to fix again is that Dixon skew. So, what we do is pull it in closer before we get into the intersection so instead of coming straight in it curves in like this. So, now a City bus can make this turn as to opposed to just a single car. One thing that that does cause is us having to bring Farr also to the east so Farr is re-aligned through this area here the green part would be where we take out pavement and put in a grass area. So, it pulls the whole intersection to the east. Another we are adding turn lanes on Aviation on either side as well. For pedestrian accommodations we are upgrading the sidewalks on the east side tying into some of these connections that are already there and carrying them to the intersection. It might be a little hard to see up on the screen but there is a sidewalk runs through the intersection here as well as a sidewalk over on this side. When they get to the intersection they cross two lanes on this, three over here and then from there on they would be on the side of the road as opposed to on a sidewalk. So, total cost 1.5 million for the traffic signal. So, moving onto the roundabout option; This would be a single lane roundabout and again we are re-aligning that intersection a little to the east, so as you come down Farr it is the same kind of angle and Dixon Road again comes in. This also allows for the City bus turning there is kind of a striped area and so a bus would be able to make this turn. One thing that this can accommodate that the signal option can’t is that if a larger tractor trailer came through the intersection one thing they could do is if they come in and want to take a right they could go all the way around the roundabout and exit. They cannot make the immediate right but they can be accommodated. So, that is an advantage over the signal option. Pedestrian accommodation’s; There are sidewalks on all the approaches as opposed to just the east side. There are cross walks on all approaches as well. One of things with the roundabout is you end up crossing one lane of traffic as opposed to two or three and then there would be a raised island here in the middle and then you would be able cross a second lane. So, there is kind of a pedestrian refuge in the middle. One of the things that we can kind of look at when we are doing these roundabouts is a little bit of a traffic calming. So, we put in an advanced deflection on Aviation. The higher speeds are coming from this direction into the more commercial area so one of things we do is when you come in there is this advanced deflection which is just kind of juts the road out a little bit before you enter the roundabout. That is a traffic calming feature. Supervisor Montesi-Sidewalks? Ms. Torelli-There are sidewalks all the way around on both sides. Total cost for this is 1.4 million A lot of times when we do these comparisons the signal option ends up being a lot cheaper in this case it is not because as we looked at it in the previous option we still have to do a lot of re-construction so there is just as much pavement as there is in the roundabout option. Easements and acquisitions; Alternative one-We have a large parcel here acquisition as well as down in this corner, there is a small one down here and then because of the turning lanes on REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 959 Aviation there is a widening that goes all the way back so this whole section has a small strip taking along here and that effects a lot of these property owners. So, that brings the total up to seven with it being point four six acres. Comparing it to the roundabout option, same type of taking from this parcel as well as in this southeast a little bit larger off to the, more to the west in this, however the big difference is here where we do not have that significant widening there is only one property owner where there would be required right away. So, it brings it down to four and it would be point three eight acres. This is just getting into a little bit of traffic modeling that we do. So, this first one is for the signal option, as you can see runs pretty well, no major backups you can see it changes to yellow, it changes to red, now these are green. Left turns running at the same time because the roads line up now. A little bit of a backup and then it clears. This is the roundabout option-Again it is pretty similar there isn’t really any substantial backup anywhere. There are a couple cars just like in the other one that line up here. Little less of a delay than the signal option. Not a significant difference. So, this is just a little bit of discussion of why we look roundabouts at intersections. All of these do not necessarily apply, they apply to this roundabout but they are not necessarily big factors. Like high capacity load delay, yes they are high capacity but in this case there is not a substantial amount of traffic. They benefits all modes of traffic, pedestrians, bicycles, cars. Flexible for unusual conditions. They have an esthetics or gateway possibility in this case it could be transitional between the residential and the commercial areas. Environmental benefits, there are less car idling at the intersection in general so there are less emissions. They are the safest intersection. They provide traffic calming and speed reduction. Studies show there is forty five percent reduction in pedestrian accidents and they eliminate the high speed high angle, like tee bone collusions, somebody running a red light and somebody coming through and having that significant. So, this is just a little diagram to show you quick the difference the white dots you see are vehicle, pedestrian conflicts. So, this is the cross walks right here and that is all the conflict points that a traditional signalized intersection as well as the black ones are like the tee bone, if somebody is coming straight through another car hits it that is what that dot represents. So, moving to the roundabout you can see there is a lot less dots. There are sixteen vehicle, vehicle conflicts and it reduces it down to four on the vehicle. So, one of the main reasons they are safer it completely eliminates the possibility of those collusion points. Another thing is the pedestrian safety because we are bring the speeds down if there ever was a pedestrian that was hit at the intersection the slower speeds as you can see, forty miles an hour is an 80% chance of fatality. If you can get that down to even thirty it goes down by half. If you can get the cars down by to twenty miles per hour which is the circulatory speed of a roundabout then you are bring it down to 5% if anything happens. So, just to compare these two alternatives, traffic signal vs. roundabout. I kind of put this blue line through the middle that shows above that line, they are pretty similar the acquisitions point four six vs. three eight level of services are both A’s and B’s in the traffic signal and A’s in the roundabout. They both provide pedestrian and bicycle improvements and they are around the same costs. Some of the advantages of the roundabout are that the traffic calming through the corridor and it also meets the community’s vision which was set in that Aviation Road Corridor Study. Then just like we talked about the safety improvements. Whereas the traffic signal is an improvement over what is there now the roundabout will provide more safety. Next step in the process are that REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 960 we take everyone’s comments we go back we complete design report, we look at all the impacts and then we go for design approval in the summer. Next year will be construction begins after we design everything, make final plans and then construction it would be one construction season completing in the fall 2014. With that I will turn it back over to Steve. He is going to run through the right of way acquisition process. Mr. Stephen Godlewski P.E.-Thank you Sue. Back to the script, I apologize again. Essentially there are four steps in the right of way process. An initial meetings with each property owner, the real property appraisal, establishing just compensation, negotiating a settlement and transferring title to the Town. Our primary goal through the process is to negotiate a fair settlement with each property owner. The first step in the process is a preliminary meeting with one of our property rights specialists. The property rights specialists, will contact the property owner to schedule a convenient time and meet at the property. At this meeting he or she will provide the property owner with information about the acquisition process and an explanation of the proposed impacts to the property. We will also inspect the property and gather preliminary information. The person the property owner meets with will also handle the negotiations. We think it is important for the property owner to have one person to contact if there are any questions. The next step in the process is the real property appraisal. The appraisal will be used to determine the fair market value for the property rights to be acquired. The appraiser will first research an analyze the real estate market in the area. Comparable sales data and other market information will be reviewed. Next the appraiser will inspect each property. Sites specific information will be gathered at this time. The property owner will be given the opportunity to accompany the appraiser during his visit. The property owner should take advantage of this offer. No one knows the property better than you do. Finally the appraiser will prepare a report. The report will document his or her findings and state the fair market value of the property rights to be acquired. Just compensation is the price the Town must pay to acquire the property. The Town will establish an amount it believes to be just compensation. This amount will not be less than the highest approved fair market value for the property. As stated previously the fair market value is determined during the appraisal phase. We try to offer an amount that reflects the price of a willing buyer and a willing seller would agree to in the open market. To avoid any possible confusion we will prepare a written offer for each property. The offer will include a statement of the just compensation amount the basis for the just compensation amount and description of the property and the interest to be acquired. We will contact each property owner and schedule a convenient time to meet. At this meeting the negotiator will deliver and review the written form or offer. We would like to stress one point, while we use the word negotiator we in fact work under what is referred to as a one offer system. We are required by law to offer the property owner the full amount of the highest approved appraisal so unless there are compelling reasons to raise the offer we will stand by the one offer amount. Once the property owner has accepted the offer we will prepare the necessary papers and schedule a closing. The closing is similar to other real estate transactions. I would like to quickly summarize the process we will use to acquire real property on this project. First we will meet with each property owner to provide information on the project and potential impacts to their property. Next REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 961 we will appraise the property to determine the fair market value. The fair market value will be used by the Town to establish just compensation. Once the Town has established just compensation we will prepare and deliver a written offer to each effected property owner. We understand that the right of way process may be new to you, we would like assure you that we will try our best to make it as easy as possible for the property owners. The Town will make every effort to acquire the property by negotiations. This concludes the technical portion of the public hearing. An important aspect of the public hearing process is receiving comments from the general public regarding the project. At this time we would like to open the floor for public comment. We would like to call to your attention the fact that the required format for this public hearing does not allow us to respond to your statements and questions at this time. However, all statements and comments received will be considered in the preparation of the determinations and findings. As mentioned previously all previous comments received as part of the previous presentation that we had all also be incorporated into the record. I have a list of people who wish to comment this evening. When I call your name please come to the podium and state your name and address for the record. We have allotted three minutes for each individual to address this hearing. As necessary the Town will provide written responses to comments received tonight. Does anybody else have a comment card? George Winters Mr. George Winters-George Winters, 4 John Clendon Road - I have lived on John Clendon fifty years and never had a problem over here, and then I went to the public hearing they had in 2008 and I just wondering how they could let the school close two entrances off and I do not know if this is considered in here or not. That is the biggest problem we have up there is the school backup. I do not, I see all the nice flowing going in on there but I do not know what happens to the other side of that. That is where the big problem is down by the Queensbury School. I do not know if that was ever built in. Another thing I would like to say is that like I said we went to the public hearing in 08’ and this is the first that I heard of it since then. At that time we were going to put in three roundabouts in on Aviation Road. I do not know why they take this particular intersection. I do not think it is going to help anything. I am strictly against it. The Federal Government can’t afford to keep our military going and they closed the White House down and we are going to spend a million dollars on this? I would like the Town Board of go up there and just sit at the gas station and look at this intersection. I do not know if the Town Board if all familiar with it or not. Every time we have a public meeting it is already decided what they are going to do. The public meeting is nice you come here and voice your opinion but I do not think amounts to nothing. Thank you. Mr. Stephen Godlewski PE-Harry Lowe Mr. Harry Lowe-Harry Lowe, Farr Lane, Queensbury This September will mark the tenth anniversary of my purchasing my house on Farr Lane. One of my first visitors was John Strough, who at the time was running for Councilman in the Third Ward. While I had his attention, I mentioned the fact that the intersection that we are discussing tonight was very dangerous and Mr. Strough said he would see what he could do. Ten years later we are having a public hearing. My recommendation and what I think is the fairest and most reasonable of the three REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 962 options is the roundabout. It is the safest of all three, traffic will flow more freely, it will cause less pollution from cars idling at a stop sign or a red light and finally it is less expensive of the two meaningful options. Thank you. Mr. Stephen Godlewski PE-Richard Winters Mr. Richard Winters-My name is Richard Winters, I live on 311 Aviation Road and I think the biggest problem is down to school. This isn’t going to help the traffic flow much more. They have got to do something with the school, they should have it anyplace it would be roundabout down there. Every time you go down by the school there is traffic backed up down there. It is not right up here by Farr Lane, because I lived there for fifty years and there has never been too many, once in a while in the morning it is backed up but most of the time I can get out of my driveway and go right down or up the road, there is never a problem, hardly ever. Thank you. Mr. Steven Godlewski PE-John Schwartz-I think I said that right. Mr. John Schwartz-No. My name is John Schwartz we live on Glen Court off West Mountain Road I have seen a lot of traffic circles come and go, today they call them roundabouts. We have got, I do not see a lot of load basis on this. Farr Lane a Road comes out there is also six other roads that come on to Aviation at that point. This intersection with Dix is a problem because of the angle. I do not see why it can’t be swung and routed between the Sokol’s, and where the Sokols property is and where the old Getty Gas Station is. You take the Getty Gas Station you can give those people a nice rectangular lot as part of the process. You bring Dixon out at a ninety degree angle along with the other six roads and every other road that comes onto Aviation so you do not need the traffic circle. As far as the traffic light goes the school blocks up traffic with the light so you get a line of traffic going through until the next one, still the lights stops. It is just, I do not see a lot of progress by putting a traffic circle in there. Thank you. Mr. Steven Schwartz PE-Richard Sullivan Mr. Richard Sullivan-Richard Sullivan, 18 Sylvan Avenue, Queensbury I totally agree with the last speaker. I do not know why at these meetings it has not been addressed but that piece of property right at the intersection, the old Getty Gas Station is under contact now for sale, by Getty Real Estate for twenty nine thousand dollars. Not two hundred and ninety, twenty nine thousand. It is under contact but if you are going to take property away from other people in that area why not just deal with that one piece of property. What the last gentleman just said make a ninety degree corner put up a stop sign just like every other road coming out onto Aviation Road has, end of story. Thank you very much. Mr. Steven Schwartz PE-Tony Garcia ( no one came forward) Lisa Balschunat I apologize, I am sure you would destroy my name if you tried. Ms. Lisa Balschunat-You got it right the first time. Lisa Balschunat, 60 Helen Drive I just want to thank Creighton and the Board for all the work that they have done on this intersection. I am also a Board Member of the Evergreen Association that REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 963 represents a hundred and twenty five residents that enter on Dixon from Helen Drive and Midnight Drive and it includes Heinrick Circle, Heinrick Street, and Helen Drive. We have been on record and in 2007, 08’ and 09’ in favor of the roundabout. I am hearing a few people say they do not think it is going to improve the traffic flow. My understanding and the information that I have received is that this is more about safety then it is about the speed of the flow going through. There are benefits for both regarding the school flow early in the morning and in the afternoon. But, the safety factor is huge. I really appreciate all the time and effort that has gone into researching this and I know it was not done haphazardly or quickly and I on behalf of the residents and individually I look forward to a roundabout. Mr. Stephen Godlewski PE- Patty Savin Ms. Patty Savin-I am Patty Savin, 14 Rush Hollow Court Like Mr. Lowe I moved in about a eleven years ago right off Farr Lane and the first thing I did was come to a Town meeting because that intersection is a death trap. I have seen way too many accidents. I have seen way too many near misses. I think safety is the biggest problem, the biggest concern. I thank you for looking into this and it has been a long time in the making and I know there was some research done based on that gas station and reconfiguring things and I know that, that was considered. I think the roundabout is the best option. I think the angle of Dixon onto Aviation with Farr every time you go there it is a different ordeal every time you are at the intersection. Experienced drivers don’t know how to manipulate that angle and you have inexperienced drivers, driving and trying to park in that High School. You have inexperienced drivers coming out of multiple neighborhoods and to have two kids who are just learning how to drive trying to get to High School with that intersection somebody is going to die. Six weeks ago I was driving with my son who just got his license and sure enough there was another, yet another accident there. So, thank you for all your hard work and thank you for considering and I am very much in favor of the roundabout, and thank you from the residents of Indian Ridge. Mr. Stephan Godlewski PE-That is all the comment cards that I have is there anybody else that would like to speak as part of the open comment period? (no one spoke) I would like to thank everyone for coming out this evening as I said written comments, questions and documents will be accepted by the Town to the close of business on March 28, 2013. Please submit your written statements to the attention of Stuart Baker, Town of Queensbury, 742 Bay Road, Queensbury, New York 12804. These written statements will be incorporated into the hearing record. Thank you. I would also just like to note that if anybody would have any other questions we will be available in the gathering area outside with some display boards in the back and we will be able to speak one on one. Thank you. Supervisor Montesi-We close the public hearing. Councilman Brewer-We will take public comment do we leave it open? Town Counsel Schachner-The public hearing is closed there is a comment period that extends to whatever he said. REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 964 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2013 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RELATING TO MICROBREWERIES AND TAVERNS RESOLUTION NO.: 145, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2013 to amend Queensbury Town Code Chapter 179, entitled “Zoning,” to clarify the definition of “tavern” and add a definition for “microbrewery” and to allow taverns and microbreweries in certain areas of the Town and provide specific standards for issuance of Special Use Permits for taverns, and WHEREAS, this legislation is authorized in accordance with New York Municipal Home Rule Law §10, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the st Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 1, 2013 to consider proposed Local Law No.: __ of 2013 and to hear all interested persons, and following the public hearing may take any other actions authorized by law concerning proposed Local Law No.: ___ of 2013, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2013 in the manner provided by law and to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and to other agencies and departments, communities and property owners as may be necessary in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 965 BE IT FURTHER, RESOLVED, that the Town Board hereby refers such proposed Local Law to the Warren County Planning Department for its advisory recommendation and directs the Community Development Department to take all actions necessary to effect such referral, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that adoption of the proposed Local Law is a Type I Action under the State Environmental Quality Review Act (SEQRA) and directs the Community Development Department to prepare Part 1 of a SEQRA Full Environmental Assessment Form, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that it is the only SEQRA Involved Agency and it may conduct SEQRA review of the proposed Local Law after the public hearing st at its Monday, April 1 meeting. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND WARREN COUNTY RELATING TO SOLID WASTE AND RECYCLABLE DISPOSAL SERVICES (WC 065-12) AND SOLID WASTE AND RECYCLING TRANSPORTATION SERVICES (WC 070-12) RESOLUTION NO.: 146, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, as a result of a competitive bidding process completed by Warren County (“County”) and for the benefit of local municipalities including the Town of Queensbury (“Town”), the County has arranged for Solid Waste and Recyclable Disposal Services (WC 065- 12) and Solid Waste and Recycling Transportation Services (WC 070-12) to be available to the REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 966 Town through the various contractors who have been awarded contracts by the County for the foregoing services, and WHEREAS, the Queensbury Town Board desires to utilize the County’s contractual arrangements for Solid Waste and Recyclable Disposal Services upon the terms and conditions set forth in the County’s agreements for such services with Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services, D & G Recycling, LLC and Perkins Recycling Corp., and WHEREAS, the Town Board desires to utilize the County’s contractual arrangements for Solid Waste and Recycling Transportation Services upon the terms and conditions set forth in the County’s agreements for such services with Waste Management of New York, LLC and Casella Waste Management d/b/a Casella Waste Services, and WHEREAS, after review and deliberation of the competitive bid proposals of Waste Management of New York, LLC and Casella Waste Management d/b/a Casella Waste Services, the Town desires to have Waste Management of New York, LLC and Casella Waste Management d/b/a Casella Waste Services transport all the solid waste and recyclable materials from each of the Town’s two transfer stations with the services to be provided by each Contractor and the price for such services identified and as set forth in the Schedules attached hereto and incorporated herein, and WHEREAS, after review and deliberation of the competitive bid proposals of Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services, D & G Recycling, LLC and Perkins Recycling Corp., the Town Board desires to have Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services, D & G Recycling, LLC and Perkins Recycling Corp., dispose of solid waste and recyclable material from each of the Town’s two transfer stations with the services to be provided by each Contractor and the price for such services identified and as set forth in the Schedules attached hereto and incorporated herein, and WHEREAS, the County has presented the Town Board with a proposed Intermunicipal Agreement which sets forth the terms and conditions upon which the Town will participate and pay for Solid Waste and Recyclable Disposal Services and Solid Waste and Recycling Transportation Services through the County’s contractual arrangements for such services, and WHEREAS, the term of the Intermunicipal Agreement shall commence on March 1, 2013 and terminate December 31, 2013, and the Intermunicipal Agreement may be extended for two (2) consecutive one (1) year terms through December 31, 2015, should the County elect to extend its agreements with the various contractors identified in foregoing preambles of this resolution and should the Town elect to continue to participate in the County’s contractual arrangements for Solid Waste and Recyclable Disposal Services and Solid Waste and Recycling REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 967 Transportation Services during any extended term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Intermunicipal Agreement between the County and the Town regarding Solid Waste and Recyclable Disposal Services and Solid Waste and Recycling Transportation Services and authorizes the Town Supervisor on behalf of the Town to execute the Intermunicipal Agreement with the County, and BE IT FURTHER, RESOLVED, that the Town Board elects to have Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services, D & G Recycling, LLC and Perkins Recycling Corp. provide Solid Waste and Recyclable Disposal Services to the Town which services and prices by contractor have been identified by the Town on the attached Schedules and otherwise in accordance with the terms and conditions of the agreements between the County and Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services, D & G Recycling, LLC and Perkins Recycling Corp., and BE IT FURTHER, RESOLVED, that the Town Board elects to have Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services provide Solid Waste and Recycling Transportation Services to the Town which services and prices by contractor have been identified by the Town on the attached Schedules and otherwise in accordance with the terms and conditions of the agreements between the County and Waste Management of New York, LLC, Casella Waste Management d/b/a Casella Waste Services, D & G Recycling, LLC, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel take any further action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 968 RESOLUTION AUTHORIZING PURCHASE OF TRIMBLE GEOEXPLORER 6000 MAPPING SYSTEM FROM WAYPOINT TECHNOLOGY GROUP RESOLUTION NO.: 147, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury’s GIS Administrator has requested Town Board approval to purchase a Trimble GeoExplorer 6000 Mapping System (System) to replace the Town’s current mapping system (Trimble GeoXT handheld unit with a backpack antenna), and WHEREAS, the GIS Administrator requested proposals for the purchase of such System and the lowest received quote is in the amount of $7,271 from Waypoint Technology Group and therefore the GIS Administrator has recommended that the Town Board approve such purchase from Waypoint Technology Group, and WHEREAS, in accordance with New York State Town Law §64(2), the Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and the GIS Administrator wishes to trade-in the Town’s current mapping system (Trimble GeoXT handheld unit with a backpack antenna) and use such proceeds towards the purchase of the new System, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the GIS Administrator’s purchase of a Trimble GeoExplorer 6000 Mapping System, to replace the Town’s current mapping system unit, from Waypoint Technology Group for an amount not to exceed $7,271 as delineated in Waypoint’s quote dated February 28, 2013 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer $7,271 from Contingency Account No.: 001-1990-4400 to Office Equipment Account No.: 001-8020-2010 and take all other actions necessary to effectuate the purchase, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the sale/trade-in of the Town’s current mapping system unit (Trimble GeoXT handheld unit with a backpack antenna) that is no longer needed by the Town or obsolete to Waypoint Technology Group with the proceeds REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 969 of such trade-in to be used toward the purchase of the new system, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, GIS Administrator, Town Budget Officer and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Metivier, Mr. Strough, Brewer, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT GOODSON AS FULL-TIME, SECOND-SHIFT CLEANER FOR BUILDING & GROUNDS DEPARTMENT RESOLUTION NO. 148, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Facilities Manager has advised the Town Board that there is a vacancy within the Building and Grounds Department for a full-time Cleaner, and WHEREAS, consistent with the Collective Bargaining Agreement, the Facilities Manager properly posted the position, and WHEREAS, Robert Goodson was formerly employed as an MEO in the Highway Department and is entitled to preferential hiring under the Workers’ Compensation Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Facilities Manager to hire Robert Goodson as a full-time, second-shift Cleaner effective on or about March th 19, 2013, contingent upon: 1) Mr. Goodson passing his pre-employment physical; 2) the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired; 3) drug and/or alcohol screening; and 4) an eight (8) month probationary period, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 970 BE IT FURTHER, RESOLVED, that Mr. Goodson shall be paid at the hourly rate of pay listed in the current CSEA Union Agreement for the Cleaner position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Facilities Manager and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013 by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ANDREW HAY AS SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO. : 149, 2013 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Ronald Montesi WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Andrew Hay as a Seasonal Laborer to work for the Cemetery Department, such employment proposed to commence in April, 2013 and to end in November, 2013 (a total of approximately 1200 hours), and WHEREAS, funds for such positions have been budgeted for in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Andrew Hay as a Seasonal Laborer for the Cemetery Department, for a total of approximately 1200 hours, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 971 BE IT FURTHER, RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 111, 2013 and payment shall be paid from Account No.: 002-8810-1010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Secretary and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JOSEPH QUINTAL AS TEMPORARY FULL-TIME LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. : 150, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Anthony Metivier WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a Temporary, Full-Time Laborer to work for the Town’s Water Department, and WHEREAS, funds for such position have been budgeted for in the Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees’ relatives, and Joseph Quintal is the son of Margaret Quintal, Court Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Joseph Quintal as a Temporary, Full-Time Laborer to work for the Town Water Department commencing on or thth about March 18, 2013 and ending on or about September 18, 2013 (for a total period not exceeding six months), contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 972 BE IT FURTHER, RESOLVED, that such Temporary Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 111, 2013, to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF MATTHEW VARNEY AS SEASONAL LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO. : 151, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Tim Brewer WHEREAS, the Town Water Superintendent has requested Town Board authorization to hire a Seasonal Laborer to work for the Town’s Water Department, and WHEREAS, funds for such position have been budgeted for in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Matthew th Varney as a Seasonal Laborer to work for the Town Water Department commencing on or about March 18, th 2013 and ending on or about September 18, 2013 (for a total period not exceeding six months), contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 111, 2013, to be paid from the appropriate payroll account, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 973 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SUPPORTING TOWN ASSESSOR IN UPDATING OF 2015 ASSESSMENT ROLL RESOLUTION NO.: 152, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board supports the efforts of its Town Assessor Teri Ross in updating of the Town’s 2015 Assessment Roll and maintenance of such Assessment Roll at full-market value, and WHEREAS, the Town Board supports the allocation of sufficient resources for Town staff and services to complete such project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses its support of its Town Assessor Teri Ross in updating of the Town’s 2015 Assessment Roll and maintenance of such Assessment Roll at full market value, and authorizes the allocation of sufficient resources of Town staff and services to complete such project, and BE IT FURTHER, RESOLVED, that the Town Board further requests that the New York State Office of Real Property Tax Services and the Warren County Office of Real Property Services provide assistance that is typically afforded during such projects to the Queensbury Town Assessor, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 974 RESOLVED, that the Town Board further authorizes and directs the Town Assessor to send a certified copy of this Resolution to the New York State Office of Real Property Tax Services and the Warren County Office of Real Property and authorizes and directs the Town Supervisor, Town Assessor and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT: None RESOLUTION REAPPOINTING JOAN JENKIN TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 153, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has previously established the Town of Queensbury Board of Assessment Review in accordance with the New York State Real Property Tax Law, and WHEREAS, the term of Board of Assessment Review Member Joan Jenkin recently expired and Ms. Jenkins has expressed interest in being reappointed to the Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Joan Jenkin to serve as a member th of the Queensbury Board of Assessment Review with her term to expire September 30, 2017 in accordance with New York State Real Property Tax Law §523. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION REAPPOINTING TERI L. ROSS AS TOWN ASSESSOR RESOLUTION NO. 154, 2013 REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 975 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the New York State Real Property Tax Law §310 provides that the Town of Queensbury shall appoint an Assessor who shall serve a term of six years, and WHEREAS, by Resolution 410,2007, the Queensbury Town Board appointed Teri L. Ross as the Town Assessor for a six (6) year term in accordance with New York State Real Property Tax Law §310 with th such term to expire September 30, 2013, and WHEREAS, the Town Board wishes to reappoint Ms. Ross for another six (6) year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Teri L. Ross as the Town Assessor for a six (6) year term in accordance with New York State Real Property Tax Law §310, such term stth to commence on October 1, 2013 and to expire as of September 30, 2019, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Assessor and/or Town Budget Officer to complete any documentation and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None Supervisor Montesi-Thank you for your nice work Teri RESOLUTION APPOINTING STEPHANIE MAHONEY AS DEPUTY COURT CLERK RESOLUTION NO. :155, 2013 INTRODUCED BY Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Ronald Montesi WHEREAS, by Resolution No.: 163, 2003, the Queensbury Town Board clarified and confirmed the Queensbury Town Court positions as follows: REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 976 1. Court Clerk to Justice Michael Muller; 2. Court Clerk to Justice Robert McNally; 3. Court Clerk (to serve needs of Court); and 4. Deputy Court Clerk; WHEREAS, by Resolution No.: 212,2010, the Town Board established the part-time position of Assistant Court Clerk and appointed Stephanie Mahoney to such position, and WHEREAS, the Town Justices have requested that the Town Board authorize the appointment/promotion of Ms. Mahoney from her part-time Assistant Court Clerk position to the currently vacant, full-time position of Deputy Court Clerk, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town Justices’ appointment and promotion of Stephanie Mahoney from her part-time Assistant Court Clerk position to the currently vacant, full-time Deputy Court Clerk position, a Town of Queensbury Grade 4 Non-Union position, and BE IT FURTHER, RESOLVED, that Ms. Mahoney shall continue to be paid at her current hourly rate, and BE IT FURTHER, th RESOLVED, that this appointment shall be effective as of March 19, 2013 and shall be subject to completion of the required Oath of Office, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Budget Officer and/or Town Justice(s) to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING INFRASTRUCTURE FEE FOR NEW SEWER DISTRICT EXTENSIONS RESOLUTION NO.: 156, 2013 INTRODUCED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 977 WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has duly established several Sewer Districts and extensive infrastructure has been constructed to transport wastewater from the Town of Queensbury to the City of Glens Falls’ Publicly Owned Treatment Works Treatment Plant (POTW), and WHEREAS, any extension of an existing Sewer District utilizes and benefits from the existing infrastructure, and WHEREAS, the Town Board wishes to recover an equitable proportion of the original cost of the existing infrastructure from new wastewater system users which are benefited thereby, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the imposition of a one-time infrastructure fee on any extension of an existing Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board hereby determines that supplying any area with sanitary sewer facilities and/or providing wastewater system capacity to any new users shall be considered an extension of an existing Sewer District for their purpose, even if services provided pursuant to an out-of-district Agreement, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the infrastructure fee for such new wastewater system users to be as calculated by the Town Wastewater Director which, as of this date, until changed by further Resolution, shall be $1.05 per gallon, and BE IT FURTHER, RESOLVED, that, unless the Town of Queensbury’s Civil Engineer/Wastewater Director decides that another standard which would result in a larger capacity is appropriate in a particular case, the determination of gallons discharged will be based upon the currently effective version of the New York Department of Environmental Conservation “Design Standards for Intermediate Sized Wastewater Treatment Systems” and, in particular, the values from Table B.3. – “Typical Per-Unit Hydraulic Loading Rates” shall serve as a guideline, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Civil Engineer/Acting Wastewater Director, Town Budget Officer and Town Counsel to take such other and further actions as they deem necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Strough REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 978 NOES : None ABSENT : None Discussion held before vote: Chris Harrington, Waste Water Supt. Reviewed for the Board the purpose of the proposal, noting fairness to others in the sewer district. Councilman Strough-This is not for somebody that is part of the sewer district this is for somebody proposing a development that is outside of the sewer district but would like sewer in their development. They would have to buy into what everyone else has been paying for. Introduced Chris Harrington is our new Superintendent of Wastewater replacing Mike Shaw. RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 157, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 040-0000-52680 Insurance Recovery 1,970.39 Increase Expense Vehicle Repairs 040-8340-4110 1,970.39 th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Strough, Mr. Brewer NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF MARCH 19, 2013 RESOLUTION NO.: 158, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 979 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thth with a run date of March 14, 2013 and a payment date of March 19, 2013, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of thth March 14, 2013 and a payment date of March 19, 2013 totaling $790,032.10, 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 18 day of March, 2013, by the following vote: AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF ALLIED BIOLOGICAL FOR PROVISION OF HERBICIDE TREATMENT FOR CONTROL OF EURASIAN WATER MILFOIL AND ILLINOIS PONDWEED IN CONNECTION WITH THE AQUATIC VEGETATION MANAGEMENT PROGRAM FOR GLEN LAKE RESOLUTION NO.: 159, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 327,2011, the Town Board appointed (5) persons who are property owners within the District and/or Glen Lake Protective Association members, to the Glen Lake Aquatic Plant Growth Control District Advisory Committee (Committee), and WHEREAS, by Resolution No.: 274,2012, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2013, and WHEREAS, the Town of Queensbury’s Purchasing Agent requested proposals for an Aquatic Vegetation Management Program for Glen Lake in 2013, such Program to provide for herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 980 WHEREAS, the Purchasing Agent received two (2) proposals, and WHEREAS, the Purchasing Agent and Committee evaluated and ranked the two (2) proposals and have recommended that the Town Board accept the lowest submitted proposal providing the lowest cost, as submitted by Allied Biological, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Allied Biological for an Aquatic Vegetation Management Program for Glen Lake in 2013, such Program to provide for herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, in accordance with Allied Biological’s March 6, 2013 proposal presented at this meeting, up to a total cost of $55,000, which includes Allied’s administration of the Aquathol-Super K treatment at $1,093.00 per acre and the Aquatic Macrophyte Survey for $3,730.00, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $12,044 from the Glen Lake Tax District’s Fund Balance and authorizing an increase of appropriations in the Glen Lake Misc. Contractual Account No.: Account No.: 051-8790-4400 to $55,000 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING APPOINTMENT OF CONNIE GOEDERT AS CEMETERY SUPERINTENDENT RESOLUTION NO.: 160, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Cemetery Superintendent recently retired, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 981 WHEREAS, the Town Board advertised for candidates for the position, conducted interviews and now recommends that the Town Board authorize the appointment of Connie Goedert to the position of Cemetery Superintendent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the appointment of Connie Goedert to the position of Cemetery Superintendent, a Town of Queensbury Grade 7M, Non-Union th position, effective on or about April 15, 2013, contingent upon: 1) Ms. Goedert passing a pre-employment physical; 2) the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired; 3) drug and/or alcohol screening; and 4) a six (6) month probationary period, and BE IT FURTHER, RESOLVED, that Ms. Goedert shall be paid an annual salary of $47,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT : None Town Board congratulated Connie Goedert as Superintendent of Pine View Cemetery RESOLUTION APPOINTING BRIAN CLEMENTS TO FILL VACANCY IN OFFICE OF TOWN BOARD MEMBER (WARD 2 COUNCILPERSON) RESOLUTION NO.: 161, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, on January 1, 2013 there was a vacancy in the Office of Town Board Member, Ward 2 Councilperson, and WHEREAS, under New York State Town Law §64(5), the majority of the Town Board is authorized to appoint a qualified person to fill the vacancy in the office of Town Board Member, and REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 982 WHEREAS, the Town Board wishes to fill the vacancy in the office of Town Board Member (Ward 2 Councilperson), and WHEREAS, the Town Board finds Brian Clements to be qualified to hold the office of Town Board Member (Ward 2 Councilperson), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Brian Clements as Town Board Member (Ward 2 Councilman) until expiration of the term (commencement of the next calendar year), and BE IF FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Town Clerk to take all actions necessary to effectuate this Resolution. th Duly adopted this 18 day of March, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier NOES : None ABSENT: None ABSTAIN: Mr. Strough Discussion held before vote: Supervisor Montesi-noted that interviews for Ward II Councilman were conducted, Mr. Clements was recommended by the Republican Committee and endorsed by the Conservative Party we also interviewed a gentleman that was recommended by the Democratic Chairman. Councilman Strough abstains because I like Brian but I also like the other candidate from the other party Kerry Girard. Both are very good people both have excellent qualifications for this job. I advocated that I thought we should allow the voters to decide who should take over Ward II in November and then we would appoint that person early and that is the way I felt. I am going to abstain. Supervisor Montesi-We have passed the resolution but you have not turned in your resignations from the Zoning Board of Appeals and the Assessment Board of Assessment Review our Attorney has suggest that before you are sworn in you could address that letter and tomorrow you will be sworn in. 3.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) Mr. John Reilly-Democratic Committee Chairman Town of Queensbury Asked in January what the process would be for the replacement of Ward II – I did get a phone call - my point is it should be a more open process. Noted a third of the voters of the Town are not part of a political party. Noted it could have been done early if the goal was to have the second ward represented. I think the process could have been done in a more transparent way for the public and better communication with the public. There is an appearance here that it was a closed door kind of decision. With that said I do congratulate Mr. Clements and we will see you in November Councilman Brewer-It was nothing but the opposite of a closed door meeting. We announced that we would interview candidates from any party we open the door to anybody that wanted to come in. Mr. George Winters-Is the Board open to not doing anything on Aviation Road the feeling I get it is a done deal. Councilman Strough-This has been a long process, we had an Aviation Road Corridor Study done and the traffic experts guiding that study thought a roundabout would be the simple REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 983 solution and best solution for that corner...the new experts suggest that not only would a roundabout be the best alternative in terms of traffic flow and public safety it is also the less expensive one. It is not a final say as to what we are going to do if you ask me my opinion I think the roundabout is the best option not only for now but for decades to come. Mr. John Salvador-At the last meeting Mr. Strough mentioned the Warren County Bicentennial magazine and I am disappointed that our national historic site in North Queensbury did not even get honorable mention. (Edward Eggleston Library) what do we have to do to get a historic marker? Councilman Strough-Noted that the magazine could not hold everything that is historic...regarding the marker if a benefactor came along maybe the marker could be moved up on the list… Mr. Salvador-Underwater surveys conducted last year at Dunhams Bay are showing signs of serious algae bloom…it is the Town’s responsibility to curtain the discharge into the lake …it would be nice if the Town took a proactive approach to fostering a wastewater management system involving onsite primary treatment a centralized secondary treatment facility with discharge to the wetland. Spoke on the San Souci-system not done yet… Councilman Strough-John I agree with you, you are right about some kind of a system that will be the only solution what we doing right now is just piece meal…we need something bigger. Mr. Dean Boucher-Oakwood Drive - Thank you regarding Glen Lake and the project we are working on there…we may have to come back at another point to expand what we have been working on as far as the treatment of the lake this year, we may come back and request that we expand the funds that we are raising to contribute to that. Regarding Aviation Road, that is a big project … how will that affect Potter Road and that area where they are crossing there and Owen Avenue and Westmore? Councilman Strough-There are several spots that are troublesome along Aviation Road …we did the Aviation Road study that looked at everything from the Bridge all the way to West Mountain Road those were identified as problematic but not nearly so as this particular intersection. Mr. Brian Clements-I would just like to say tonight, and take a quick time to say it, I am honored to represent the citizens of Queensbury on the Board of Assessment Review and the Zoning Board of Appeals for the last eight years and I look forward to representing the residents of Ward II on the Town Board. With that said I am pleased to accept the Town Board’s appointment to fill out the remainder of the term of Ward II Councilperson and I look forward to running in November for a full term to continue to represent Ward II. Be assured that I will endeavor to take into account any and all concerns, ideas, and proposals of the residents of Ward II and I call on them or any resident to contact me at any time to discuss matters that may result from Town Board actions that would affect them or the Town residents in general. I look forward to meeting with the residents in Ward II in the months to come. Thank you very much. 4.0 TOWN BOARD DISCUSSIONS Ward IV Councilman Brewer-No comment Ward III Councilman Strough-No comment Ward II Councilman Metivier – Welcomed Brian to the Board, looking forward to working with him and best of luck to Connie as well, congratulations. Supervisor Montesi-My congratulations to you Brian and Connie, I am looking forward to working with you also. Noted John and I have spent a good deal of time with the Lake George coalition on invasive species the State of New York has not come up with what they are going to do for us in terms of cost. Lake George drives tourism without the lake we are dead we need to make that lake stay clean. Thanked Look TV the cameraman and the sponsors … RESOLUTION ADJOURNING TOWN BOARD MEETING REGULAR TOWN BOARD MEETING 03-18-2013 MTG #14 984 RESOLUTION NO. 162.2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. th Duly adopted this 18 day of March, 2013 by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury