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2011-07-11 MTG. #19 REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 1 TOWN BOARD MEETING MTG. # 19 July 11, 2011 RES. 219-229 7:00 p.m. B.H. 18-214 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS BRUCE OSTRANDER, WATER SUPERINTENDENT STEVE LOVERING, DIRECTOR OF PARKS AND RECREATION TOWN COUNSEL ROBERT HAFNER PRESS POST STAR LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH SUPERVISOR STEC-Opened Meeting 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 219, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 11th day of July, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None th SUPERVISOR STEC- This will be two weeks from tonight, on Monday, July 25 at seven o’clock here in the activities center. They are looking for a variance to install three thousand gallon holding tank to replace the current septic system. The property’s address is 29 Hickok Lane in the Town of Queensbury. Any Discussion? Hearing none let’s go ahead and vote REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 2 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF THE JULIA L. DEWEY IRREVOCABLE TRUST RESOLUTION NO.: BOH 18, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, The Julia L. Dewey Irrevocable Trust has applied to the Local Board of Health § for a variance from Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the applicant wishes to install a 3,000 gallon holding tank system to replace the current septic system on property located at 29 Hickok Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, July 25, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider The Julia L. Dewey Irrevocable Trust’s sewage disposal variance application concerning property located at 29 Hickok Lane in the Town of Queensbury (Tax Map No.: 227.14-1-3) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 3 SEPTIC VARIANCE APPLICATION OF ROGER HOWARD th SUPERVISOR STEC- Again, Monday July 25, 2011 at seven o’clock in the activities center. This is to install an absorption field five feet from the easterly property line in lieu of ten feet and the property’s address is 95 Rockhurst Road in Queensbury. COUNCILMAN STROUGH- All right, just to Dennis, I see him out in the audience SUPERVISOR STEC- You’re the applicant’s agent Dennis DENNIS MACELROY- Yes SUPERVISOR STEC- Okay COUNCILMAN STROUGH- The location of the existing septic? Did I miss that? MR. MACELROY- Hope not. The existing septic tank is shown adjacent to the house COUNCILMAN STROUGH- Tank, I know but how about the MR. MACELROY- There’s an area of a reputed seepage pit just below that COUNCILMAN STROUGH- Oh, okay MR. MACELROY- There’s a dry well or seepage pit in that area COUNCILMAN STROUGH- How many bedrooms? MR. MACERLOY- Four bedrooms COUNCILMAN STROUGH- It’s currently four? MR. MACELROY- Correct COUNCILMAN STROUGH- It’s designed for four? MR. MACELROY- Yes COUNCILMAN STROUGH- I didn’t check that because you are going to submit a design detail MR. MACELROY- Yes, certainly. The first step was to get the variance and then COUNCILMAN STROUGH- And location of adjacent wells MR. MACELROY- There are none within the radius of COUNCILMAN STROUGH- Hundred feet MR. MACELROY- Correct, a hundred and fifty feet, more than that COUNCILMAN STROUGH- Okay MR. MACELROY- The adjacent properties are all lake water supply COUNCILMAN STROUGH- Okay, I just thought I would be looking for that so, all right thank you SUPERVISOR STEC- All right, any other discussion? Hearing none lets go ahead and vote RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROGER HOWARD REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 4 RESOLUTION NO.: BOH 19, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Roger Howard has applied to the Local Board of Health for a variance from Chapter 136 to install an absorption field 5’ from the easterly property line in lieu of the required 10’ setback on property located at 95 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, July 25, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Roger Howard’s sewage disposal variance application concerning property located at 95 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.9-1-1) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None SEPTIC VARIANCE APPLICTION OF DENNIS AND NANCY DEFAYETTE SUPERVISOR STEC- This is for an absorption bed to be located four feet from the property line in lieu of ten feet and eighty six feet from a stream in lieu of one hundred. The property’s location is 29 Reardon Road Ext. in Queensbury. Again, this public hearing will be held two th weeks from tonight on Monday July 25 at seven o’clock. COUNCILMAN MONTESI- Is this the outlet from Glen lake, the stream? REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 5 SUPERVISOR STEC- No, I don’t think that’s the outlet. Tony is it? COUNCILMAN METIVIER- I don’t think so COUNCILMAN MONTESI- Okay COUNCILMAN METIVIER- That’s COUNCILMAN STROUGH- Yea, it’s near the outlet SUPERVISOR STEC- Is it? All right, I stand corrected COUNCILMAN METIVIER- Is it? SUPERVISOR STEC- It’s Reardon Road Extension? COUNCILMAN STROUGH- One of these is. Yea, that’s it near the outlet SUPERVISOR STEC- Here it is right here with the application. It is COUNCILMAN MONTESI- Oh, yea it is SUPERVISOR STEC- Yes, so it would be the stream. All right, any other discussion? Hearing none let’s go ahead and vote RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DENNIS AND NANCY DEFAYETTE RESOLUTION NO.: BOH 20, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Dennis and Nancy Defayette have applied to the Local Board of Health for variances from Chapter 136 to allow an absorption bed to be located: 1.4’ from a property line in lieu of the required 10’ setback; and 2.86’ from a stream in lieu of the required 100’ setback; on property located at 29 Reardon Road Ext. in the Town of Queensbury, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 6 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, July 25, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dennis and Nancy Defayette’s sewage disposal variance application concerning property located at 29 Reardon Road Ext., in the Town of Queensbury (Tax Map No.: 289.7-1-40) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 21, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 11th day of July, 2011 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) JOAN FIORE FLANAGAN- Spoke to the Board regarding the 2011 bike ride to benefit Multiple Sclerosis. The event will be held on July 16, 2011 at the West Mountain Ski Center. KATHY SINNOTT- Resident of Diamond Point who was concerned about an article she read in the Post Star regarding the vandalism at Hudson River Park back in May. She is asking that the Board enact appropriate legal procedural changes such that when underage individual(s) commit an act of vandalism rising in dollar cost to a felony level offense that hereafter the individual(s) just be brought through our legal system. REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 7 JOHN SALVADOR- Spoke of the Owl’s Nest, a national historic place has received a series of construction permits for the restoration, renovation of Edward L. Eggleston’s Historic Library known as Mellowstone. The Town Code requires applicants for a sewage disposal variance are required to furnish a legal description of the land to which the variance attaches. The applicant only furnished a map of a survey of the Lands of Sharon Davies and others. The map is dated January 3, 2003 and does not qualify as a map of a survey. It is difficult to discern which are the lands of Sharon Davies and the others. He noted his ongoing concern with the correct ownership of property with regard to the application. PLINEY TUCKER- ? Questioned the Board if they have plan regarding garbage disposal after November. Supervisor Stec explained that Warren County is working on putting together a bid speck as far as taking over once the trash plant is sold. ? Asked about the status of the Ethics Board and how many people are needed on the Board. Supervisor Stec said that they have advertised for the five positions but have not had any luck filling them. ? Questioned costs of renovations at Town Court, Supervisor Stec explained that the costs were far less than originally anticipated. Initially it was thought that there would be changes to the footprint and enlarge the building but it was decided to go with a different modification that does not require an addition. This current modification works within the existing footprint but still addresses most of the security concerns. GEORGE DRELLOS- Spoke to the Board about the Main Street Project. He noted his concern about the corner at Western and Sherman. Trucks cannot make that turn without going into the other lane. Supervisor Stec explained that he has been in contact with the County Engineer expressing this concern and that they are going to modify that corner to make it wider. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING EXTENSION OF LEASE AGREEMENT WITH WARREN COUNTY HISTORICAL SOCIETY RESOLUTION NO.: 220, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer th WHEREAS, there is currently an Agreement dated July 17, 2006 between the Town of Queensbury and the Warren County Historical Society, and WHEREAS, §6 of the Agreement provides that the Agreement shall take effect August st 1, 2006 and continue in effect for five years from the date of inception and further provides that the parties may mutually agree to extend this Agreement for additional periods at lengths to be agreed upon, and WHEREAS, the Town Board met with representatives of the Warren County Historical th Society at a Town Board Workshop Meeting on Monday, June 27, 2011, and REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 8 WHEREAS, at such meeting, the parties agreed that they would like to extend the Lease Agreement for an additional period of two years and that all other terms and conditions of the Lease Agreement would remain unchanged, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the Lease Agreement between the Town of Queensbury and the Warren County Historical Society st for an additional two (2) year period commencing August 1, 2011, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute a Lease Agreement with the Warren County Historical Society and take such other actions as necessary to effectuate the purposes of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec NOES: None ABSENT: None ABSTAIN: Mr. Strough RESOLUTION RESCINDING RESOLUTION NO.: 388,95 REGARDING STANDARDIZATION OF COMPUTER HARDWARE RESOLUTION NO.: 221, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 388,95, the Queensbury Town Board authorized the standardization of computer hardware for use by various Town Departments, and WHEREAS, the Town’s Director of Information Technology has advised the Town Board that such Resolution has become obsolete, REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 9 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rescinds Resolution No.: 388,95, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Information Technology and/or Purchasing Agent to take any steps necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT NO 1 TO WATER TANK LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND INDEPENDENT WIRELESS ONE LEASED REALTY CORPORATION RESOLUTION NO.: 222, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution 112,2001, the Queensbury Town Board, on behalf of the Queensbury Consolidated Water District, authorized a Lease Agreement with Independent Wireless One Leased Realty Corporation (Wireless One) regarding Wireless One’s lease of space on the exterior of the Town’s municipal water storage tank located on Gurney Lane (Tank) and on a portion of the property surrounding the Tank together with the right to access the Tank and site to install personal communications service system transmission and/or receiver equipment, and WHEREAS, the Queensbury Town Board, Water Superintendent and Wireless One have negotiated terms to amend such Lease Agreement, and WHEREAS, a copy of the proposed Amendment No. 1 to Water Tank Lease Agreement has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 10 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Amendment No. 1 to Water Tank Lease Agreement with Independent Wireless One Leased Realty Corporation substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Water Superintendent to execute the Amendment No. 1 to Water Tank Lease Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2011 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF MATERIALS FOR UNDERDRAIN REHABILITATION FOR FILTER #1 AT TOWN WATER DEPARTMENT RESOLUTION NO.: 223, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury’s Water Department Civil Engineer has requested that the Town Board authorize an advertisement for bids for the purchase of materials for the underdrain rehabilitation for Filter #1, including new cell dividers, porous plates and filter media, at the Town Water Department in accordance with bid specifications on file with the Town’s Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing Agent to publish an advertisement for bids for the purchase of materials for the REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 11 underdrain rehabilitation for Filter #1, including new cell dividers, porous plates and filter media, at the Town Water Department in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY QUAKER VILLAGE DEVELOPMENT CORP. AND LOWE’S HOME CENTERS, INC. RESOLUTION NO.: 224, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Quaker Village Development Corp., and Lowe’s Home Centers, Inc., (Petitioners) previously commenced Article 7 Real Property Assessment Review cases against the Town for tax years 2004/05, 2005/06, 2006/07, 2007/08, 2008/09, 2009/10 and 2010/11 concerning the assessment on a parcel of commercial property located at 251 Quaker Road, Queensbury (Tax Map No.:296.20-1-50.1)), and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, the Glens Falls City School District has approved the proposed settlement, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 12 RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Quaker Village Development Corp., and Lowe’s Home Centers, Inc., (Petitioners) as follows: ORIGINAL ASSESSED STIPULATED ASSESSED TAX YEAR VALUATION VALUATION NET REDUCTION 2004/05 $8,729,300 $8,729,300 $0 2005/06 $7,886,400 $7,866,400 $0 2006/07 $9,256,000 $9,256,000 $0 2007/08 $9,256,000 $9,000,000 $256,000 2008/09 $9,256,000 $9,000,000 $256,000 2009/10 $9,256,000 $9,000,000 $256,000 2010/11 $9,256,000 $9,000,000 $256,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest, unless interest is ordered by the Court or refunds are paid more than forty-five (45) days after service upon the Warren County Treasurer of the filed Order approving the settlement, under which circumstances interest shall be paid as ordered by the Court or as required by law, BE IT FURTHER, RESOLVED, that in accordance with Real Property Tax Law (RPTL) §727, the assessment on the subject property shall be $9,000,000 on the 2011 Assessment Roll and shall remain at $9,000,000 for the 2012 and 2013 Assessment Rolls unless subject to revision in accordance with the provisions of RPTL §727, and BE IT FURTHER, RESOLVED, that the Town Board further 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 11 day of July, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 13 RESOLUTION AUTHORIZING CHANGE ORDER #1 AND INCREASE IN CONTRACT COST TO A.J. CATALFAMO CONSTRUCTION CO., INC., FOR BUILDING RENOVATIONS AT TOWN COURT RESOLUTION NO.: 225, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 348,2007, the Queensbury Town Board authorized the establishment of the Town Court Improvements Capital Project Fund #168 to provide for building renovations at the Town Court for improved security measures and accessibility, and WHEREAS, by Resolution No.: 142,2011, the Queensbury Town Board authorized an award of bid for such building renovations at the Town Court from the lowest responsible bidder, A.J. Catalfamo Construction Co., Inc., (Catalfamo), for an amount of $76,500, and WHEREAS, the Town Facilities Manager has advised that he has received a Change Order #1 from Catalfamo in the amount of $2,500 due to mandated Project changes in order for the new Court building’s construction design to comply with the Queensbury Town Code, and WHEREAS, Town Board approval is required to authorize such Change Order, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes A.J. Catalfamo Construction Co., Inc., (Catalfamo) Change Order #1 in the amount of $2,500 as set forth in Change Order #1 presented at this meeting and in the preambles of this Resolution, bringing the revised, total Contract Price for Catalfamo to $79,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment in connection with such Change Order #1 shall be made from Capital Project Fund #168 in accordance with Resolution No.: 348,2007, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 14 RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, transfer funds and/or take any action necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor to execute Change Order #1 and further authorizes and directs the Town Supervisor, Facilities Manager, Budget Officer and/or Town Counsel to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION OF SHORE COLONY WATER DISTRICT AND REPLACEMENT OF OBSOLETE PIPES IN THE DISTRICT RESOLUTION NO.: 226, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly established the Shore Colony Water District (the “District”) in 1957; and WHEREAS, the Town Board wishes to extend the District in accordance with Town Law Article 12-A to include three parcels which have been out-of-District contract users and to confirm the inclusion of a fourth parcel in the District; and WHEREAS, the Town Board wishes to replace obsolete, inadequate and damaged pipes in accordance with Town Law §202-b to remedy distribution system leaking and repair problems; and WHEREAS, a Map, Plan and Report (“Map, Plan and Report”) has been prepared by Burley-Guminiak & Associates, Consulting Engineers, PLLC (“Burley-Guminiak”), concerning the proposed water district extension and pipe replacement as more specifically set forth and described in the Map, Plan and Report, and REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 15 WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection; and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed water district extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply, the mode of constructing the proposed water district extension improvements and an estimate of the maximum cost of the improvement; WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park, the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5); NOW, THEREFORE, IT IS HEREBY ORDERED: The boundaries of the proposed Water District extension are as set forth in the 1. Map, Plan and Report and as follows: Shore Colony Water District Extension – Assembly Point Road “A” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northwest corner of Parcel No. 226.19-1-97; THENCE southerly along the western bounds of Parcel No. 226.19-1-97, a distance of 119 feet, more or less; to the southwest corner of Parcel No. 226.19-1-97; THENCE easterly along the southern bounds of Parcel No. 226.19-1-97, a distance of 141 feet, more or less, to the southeast corner of Parcel No. 226.19-1-97; THENCE northerly along the eastern bound of Parcel No. 226.19-1-97, a distance of 63 feet, more or less, to the northeast corner of Parcel No. 226.19-1-97; THENCE westerly along the northern bounds of Parcel No. 226.19-1-97, a distance of 117 feet, more or less, to the POINT OF BEGINNING Shore Colony Water District Extension – Assembly Point Road “B” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northeast corner of Parcel No. 226.19-2-26; THENCE westerly along the northern bounds of Parcel No. 226.19-2-26, a distance of 253 feet, more or less, to the northwest corner of Parcel No. 226.19-2-26; REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 16 THENCE southerly along the western bounds of Parcel No. 226.19-2-26, a distance of 173 feet, more or less, to the southwest corner of Parcel No. 226.19-2-26; THENCE easterly along the southern bounds of Parcel No. 226.19-2-26; a distance of 241 feet, more or less, to the southeast corner of Parcel No. 226.19-2-26; THENCE northerly along the eastern bounds of Parcel No. 226.19-2-26, a distance of 178 feet, more or less, to the POINT OF BEGINNING Shore Colony Water District Extension – Honeysuckle Lane “C” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northeast corner of Parcel No. 226.19-2-33; THENCE westerly along the northern bounds of Parcel No. 226.19-2-33, a distance of 100 feet, more or less, to the northwest corner of Parcel No. 226.19-2-33; THENCE southerly along the western bounds of Parcel No. 226.19-2-33, a distance of 100 feet, more or less, to the southwest corner of Parcel No. 226.19-2-33; THENCE easterly along the southern bounds of Parcel No. 226.19-2-33, a distance of 98 feet, more or less, to the southeast corner of Parcel No. 226.19-2-33; THENCE northerly along the eastern bounds of Parcel No. 226.19-2-33, a distance of 100 feet, more or less, to the POINT OF BEGINNING Shore Colony Water District Extension – Honeysuckle Lane “D” ALL THAT TRACT OR PARCEL OF LANDsituated in the Town of Queensbury, County of Warren and State of New York, as depicted using the Town of Queensbury Tax Maps received from the Warren County Real Property Offices. BEGINNING at a point at the northeast corner of Parcel No. 226.19-2-35; THENCE westerly along the northern bounds of Parcel No. 226.19-2-35, a distance of 98 feet, more or less, to the northwest corner of Parcel No. 226.19-2-35; THENCE southerly along the western bounds of Parcel No. 226.19-2-35, a distance of 100 feet, more or less, to the southwest corner of Parcel No. 226.19-2-35; THENCE easterly along the southern bounds of Parcel No. 226.19-2-35, a distance of 99 feet, more or less, to the southeast corner of Parcel No. 226.19-2-35; THENCE northerly along the eastern bounds of Parcel No. 226.19-2-35, a distance of 102 feet, more or less, to the POINT OF BEGINNING These properties shall become consolidated with and become a part of the District. 2. The proposed improvements consist of replacement of the existing water distribution system, consisting of 4,000 linear feet of 2.5” inch diameter pipe and 1,350 linear feet of 4” diameter galvanized metal pipe and related appurtenances, with up to 2,000 linear feet of 4” diameter ductile iron pipe minimum, 3,100 linear feet of 2” SDR 21 PVC pipe, 1,000 linear feet of ¾” copper service piping and associated curb stops, corporation stops, valves and other REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 17 required appurtenances, which replacement will be made on the opposite side of the road from the existing pipe in some cases. 3. The maximum estimated cost of the proposed improvements is $150,000. The cost of the improvements will be paid for using Shore Colony Water District fund balances, including (a) $63,000 from Capital Fund #117, (b) $81,000 from the District’s fund balance and (c) $6,000 which has already been expended from other funds of the District. Therefore, there will be no additional charge to the current users of the District system to construct the proposed improvements and there will be no financing required by the Town on behalf of the District or debt service costs related to the District extension and proposed improvements. 4. The estimated annual cost of the District extension and improvements to the typical property in the District extension, which typical property is a typical one family home, for operation and maintenance and other charges is $378. There will be no hook-up fees as all of the properties within the District extension are currently connected to the water distribution system. 5. A detailed explanation of how the estimated costs of the District extension and improvements were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 6. The Town Board shall meet and hold a public hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, July 25, 2011 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 18 RESOLUTION NO.: 227, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 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 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-1010 Contingency 001-3620-1020 O/T 500 001-1990-4400 Contingency 001-3510-4400 Animal Contr. Misc. 2,000 th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS – THTH WARRANTS OF JUNE 30, 2011 AND JULY 12, 2011 RESOLUTION NO.: 228, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills thth presented as Warrants with run dates of June 30, 2011 and July 7, 2011 and respective payment thth dates of June 30, 2011 and July 12, 2011, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 19 RESOLVED, that the Queensbury Town Board hereby approves the Warrants with the run thththth dates of June 30, 2011 and July 7, 2011 and payment dates of June 30, 2011 and July 12, 2011 totaling $120,620.00 and $353,405.78, respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 11 day of July, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None 4.0 CORRESPONDENCE- NONE 5.0 TOWN BOARD DISCUSSION COUNCILMAN BREWER- Nothing to report COUNCILMAN STROUGH- ? Has received a lot of calls and emails lately regarding some dog owners not picking up after their animals. Please be sure to clean up after your dogs. ? Reviewed this month’s Queensbury Post. There are a lot of activities for senior citizens. If you are fifty five or older and are interested in joining, please call 761-8224. COUNCILMAN MONTESI- ? Spoke regarding an abandoned home on Glenwood Avenue. Neighbors are upset so Dave Hatin, Director of Building and Codes, has been out there to remove some of the trash to try to prevent rodent problems. ? The new trail off Meadowbrook Road that goes around Hiland Golf Course will have a new parking lot soon. COUNCILMAN METIVIER- ? Spoke of the Bike ride to benefit MS. This is a good cause. Reminded everyone how and where to make donations. ? Spoke to the other members of the Board regarding Kathy Sinnott’s comments regarding the vandalism at the Hudson River Park. Wants to discuss this further and possibly put something in place to deal with any future acts vandalism. Supervisor Stec wants the Recreation Commission involved in this as well. COUNCILMAN BREWER- Just for the record Tony that is the first time that that issue has come to light in the twelve years that I have been on this Town Board. It’s not something that happens every day but maybe we should have a standard policy for, I don’t know for sure but it’s something to talk about COUNCILMAN METIVIER- Lake Sunnyside did get a treatment this year due to the generous contributions of the neighbors of Sunnyside. The Lake is looking okay so far. The Town is still looking for an easement and if there is anyone interested in helping please call or email me at ward1@queensbury.net. We really need to get this done this year. REGULAR TOWN BOARD MEETING 07-11-2011 MTG #19 20 SUPERVISOR STEC- ? Thanked Look TV and its sponsors for televising these meetings ? Pointed out the Town’s website, www.queensbury.net\ th to ? There will be a lake wide cleanup on Saturday, August 6 clean up trash in and around Lake George. This is sponsored by the Fund for Lake George. Kathy Bozony of the Lake George Waterkeeper asked for our help making in the bags available to the public. Bags can be picked up at the Town Clerk’s Office Monday thru Friday 8:00AM to 5:00PM. After the cleanup the trash can be dropped off at the North Queensbury Fire House. On Monday, the Town’s Highway Department will pick up the garbage. Any questions can be directed to Kathy Bozony at 668-5913 ext. 303. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 229, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 11th day of July, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury