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2011-12-05 MTG#31 REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 963 REGULAR TOWN BOARD MEETING MTG#31 DECEMBER 5T", 2011 RES# 347-355 7:00 P.M. B.H. 41-42 L.L.# 6 BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS DIRECTOR OF WASTEWATER, MIKE SHAW PRESS LOOK TV, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 5t" day of December, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT-None PUBLIC HEARING — ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANGELO AND RITA MOLINARO PUBLICATION DATE: NOVEMBER 25, 2011 AGENT MR. PETER BARRY SUPERVISOR STEC-What they are seeking is to allow a septic tank to be placed thirty six feet from the well in lieu of a fifty foot. To install a five hundred gallon tank in lieu of the thousand gallon tank in accordance with Chapter 75A.6 Table 3 of Department of Health Appendix 75A, Wastewater Treatment Standards. The property is located at 24 Sunset Lane in the Town of Queensbury. With that said I will open the public hearing if there is any member of the public or actually if Mr. and Mrs. Molinaro or their agent is here to add on or expand on what I said. PUBLIC HEARING OPENED MR. BARRY-My name is Peter Barry agent for the Molinaro's. SUPERVISOR STEC-Do you have anything that you want to add or point out as far as I read the meat and potatoes of what the variance application is about. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 964 MR. BARRY-The only thing that I do want to mention is that I received this today from Dave Hatin the letter with some deficiencies... SUPERVISOR STEC-Okay. MR. BARRY-They were pointed out after his inspection. SUPERVISOR STEC-We got a copy of that tonight, too. MR. BARRY-Some of those have already been addressed the gentlemen who did the work they have been in contact with Mr. Hatin about what he did and didn't do. I am not sure at what extent they have been addressed so far, but those are in the works to get those resolved. SUPERVISOR STEC-Okay. COUNCILMAN MONTESI-How do we propose to have a public hearing if we don't know if it is done or not? MR. BARRY-I don't know what specifically, I know that the gentlemen who did the work he was going down to North Carolina because there was an accident with one family member so unfortunately he is not able to be here so he has been in communication with Mr. Hatin by phone. COUNCILMAN BREWER-Ron if we approve it we can predicate it on everything being addressed. SUPERVISOR STEC-It still has to be installed. COUNCILMAN MONTESI-There are some serious issues here, too. COUNCILMAN BREWER-I understand that. COUNCILMAN MONTESI-Let me ask you a question, too one of the things that I pointed out and so did John Strough, is the well used. MR. BARRY-Is it used. COUNCILMAN MONTESI-There is a well on the property and they are asking for a variance from the fifty foot distance is it a well that is used? MR. BARRY-I don't know the answer to that question. COUNCILMAN MONTESI-It is important because I mean there is Shore Colony water there, but we don't know whether they are hooked to Shore Colony I don't or whether they are still using the well. MR. BARRY-They haven't been there for about a month so I am not sure they are using it they are not using at this time in general I don't know the answer to that I would have to speak to the Molinaro's. COUNCILMAN STROUGH-Is there any chance we can postpone this until the next meeting until they can get some of these issues cleared up? SUPERVISOR STEC-Certainly we can. COUNCILMAN STROUGH-1 can't approve it because they got a well within a few feet of the infiltration system, which is.... SUPERVISOR STEC-Certainly as a matter of process we can certainly conduct the public hearing in case there is anybody that wants to comment tonight leave the public hearing open then reconvene it at our next meeting in two weeks the nineteenth. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 965 COUNCILMAN BREWER-We don't have to make a decision tonight. COUNCILMAN STROUGH-They have already started installing this and we never approved the tanks, yeah. SUPERVISOR STEC-That is what this letter from Dave Hatin certainly points out. MR. BARRY-They were under the assumption that it was damaged it was from the storm from Hurricane Irene, which the tree fell on the roof they had to have that fixed it actually went through the septic system also. COUNCILMAN STROUGH-Overall, I think we can get this through at least this particular Councilman and the questions that I have, but there are a couple of things. You have to find out about that well, that well should not be used for human consumption being that close to the infiltration bed. I would like to get confirmation on that and that they do in fact have Shore Colony water and Dave Hatin's issues addressed then if we can get this cleaned up a little bit by the nineteenth. COUNCILMAN BREWER-We can find out from Bruce if they are on Shore Colony can't we from our own records. SUPERVISOR STEC-Yeah we can find out, but still we need to find out what the disposition of that well is and whether or not it is being used. If it is being used to water the lawn that's one thing, but if it is plumed into the house they are using off of that that is something we certainly want to know. COUNCILMAN BREWER-I would agree. SUPERVISOR STEC-The public hearing is open if there are any members of the public that would like to comment we would just ask that you raise your hand one at a time. I will call on anybody that wants to speak tonight, but I think unless I am not hearing the board correctly we are likely to leave the public hearing open this evening then revisit this in two weeks assuming that we got an answer to Dave Hatin's letter and we know the disposition of that well. PUBLIC HEARING OPENED DEPUTY CLERK O'BRIEN-I have two letters to read. SUPERVISOR STEC-If you would like to read those two in please. DEPUTY CLERK O'BRIEN-e-mail from Richard Diehl, 7 Chestnut Lane, Lake George, NY. I understand that the Molinaro's have partitioned for a variance for a newly installed septic tank. I am an adjacent neighbor living on Chestnut Lane—I have no objection to granting the variance. E-mail from Stephanie Sherman – I write in support of the Molinaro's who are putting a new septic tank on their property. I think the new tank is a big improvement and because of the lot size, I think they are doing the best they can. It would be a hardship for them, since they did all the right things when they built their log cabin nearly 50 years ago. I live directly next door to Angelo and Rita. Thank you for placing this e-mail before the board next Monday. SUPERVISOR STEC-Do you have anything to add? What we would like is two weeks from tonight is our next Regular Town Board Meeting it would be first on the agenda again I think we would like your written response to Dave Hatin's letter dated December 2nd and we would also like to know what is the disposition of that well that is on the property. It is plumed into the house or it is for external use or is it in fact de-funked we would like to know that. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 966 COUNCILMAN BREWER-Dan, I have one question it says they are going to put a five hundred gallon tank in, but on this plan that we've got it says six hundred gallon is it five or six? MR. BARRY-Five. COUNCILMAN BREWER-It is five so this is just an error? MR. BARRY-I believe it is a five hundred and that is according... COUNCILMAN MONTESI-The original application is... MR. BARRY-Yes five hundred. COUNCILMAN MONTESI-It calls for six. COUNCILMAN BREWER-Do they make a six hundred gallon tank? MR. BARRY-I know it is a five hundred concrete and the aluminum is a two fifty tin. SUPERVISOR STEC-The variance being sought is to install a five hundred gallon tank so that is what we would be considering. COUNCILMAN MONTESI-In lieu of a thousand. SUPERVISOR STEC-In lieu of a thousand which is required. Hopefully we will get those answers back to us sometime later this week or early next week, but we will leave this public hearing opened and resume it on the nineteenth. PUBLIC HEARING TO REMAIN OPENED RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF W. SHELDON AND KAREN HURST RESOLUTION NO.: BOH 41,2011 INTRODUCED BY: Mr.John Strough 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, W. Sheldon and Karen Hurst have applied to the Local Board of Health for a variance from Chapter 136 to install a new well 75' from the existing dry wells in lieu of the required 150' setback on property located at 9 Snug Harbor Lane in the Town of Queensbun, NOW,THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, December 19th, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun to consider W. Sheldon and Karen Hurst's sewage disposal variance application concerning property located REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 967 at 9 Snug Harbor Lane in the Town of Queensbury(Tax Map No.: 290.E-1-26)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 cop` of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this stn day of December,2011,by the following vote: AYES : Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION BOH 41, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into Regular Session. Duly adopted this 5t" day of December, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT-None 2.0 PUBLIC HEARING PUBLIC HEARING TO ENACT LOCAL LAW TO AMEND QUEENBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE QUARTERLY CHARGES FOR TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS PUBLICATION DATE: NOVEMBER 25, 2011 SUPERVISOR STEC-Anytime we want to adjust our sewer rents we need to conduct a public hearing and Mike Shaw if you would like to come up and correct me if I misspeak. Basically for a residential in the Queensbury Consolidated Sanitary Sewer District or Central Queensbury Quaker Road and Hiland Park the residential properties for each residential unit the increase will be from five dollars per thousand gallons of water consumed it will be increase to five fifty. For non-residential the current rate is six fifty and that will increase fifty cents to seven dollars per thousand gallons. Then for Queensbury Tech Park likewise a fifty cent increase from five dollars to five fifty and Pershing Ashley Coolidge also from five dollars to five fifty per thousand gallons. For South Queensbury the same five dollars to five fifty and for Route 9 the same five dollars to five fifty and West Queensbury it will be the same an increase from five dollars to five fifty. What did you tell the board would be a typical annual increase or quarterly increase that a residential user might see? REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 968 DIRECTOR OF WASTEWATER, MIKE SHAW-Typically we see something around eight thousand gallons is a typical home user per quarter we are probably looking at probably about a forty dollar raise per year based on those rates. SUPERVISOR STEC-Forty dollars per year okay? MR. SHAW-One thing you might want to note also too, is the residential rate within Central Queensbury Consolidated Sewer District now we had a flat rate in there for residential thirteen thousand at fifty eight dollars we are going to drop that and just charge them as the rest of the districts are per thousand gallons. SUPERVISOR STEC-Which is consistent with the other sewer districts in Town so now they all will be treated consistently as far as how the billing is structured. MR. SHAW-That is correct. SUPERVISOR STEC-Okay. So, again you said the typical residential user will see an increase of approximately forty dollars per year in their sewer bill. MR. SHAW-Right. SUPERVISOR STEC-The public hearing is open if there are any members of the public that would like to comment on this public hearing I would just ask that you raise your hands one at a time. PUBLIC HEARING OPENED NO PUBLIC COMMENT SUPERVISOR STEC-Any discussions by board members alright I will close this public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION ENACTING PROPOSED LOCAL LAW NO. 6, OF 2011 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE QUARTERLY CHARGES FOR TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS RESOLUTION NO.348,2011 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: 6, of 2011 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," which Local Law would modify the quarterly sewer rent rates in all Town of Queensbury Sanitary Sewer Districts,with the new rates to be applied to the first quarterly bill of 2012,and WHEREAS,this legislation is authorized in accordance with New York State Municipal Home Rule Law§10,Town Law Article 16 and General Municipal Law Article 14-F,and WHEREAS,the Town Board duly held a public hearing on Monday, December nth, 2011 and heard all interested persons,and REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 969 WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 6, of 2011 to amend Queensbury Town Code Chapter 136,Article XXIV entitled"Establishment of Sewer Rents," as presented at this meeting,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. Duly adopted this Stn day of December,2011,by the following vote: AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough NOES : None ABSENT: None LOCAL LAW NO.: 6, OF 2011 A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV OF QUEENSBURY TOWN CODE ENTITLED "ESTABLISHMENT OF SEWER RENTS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS. SECTION 1. Queensbury Town Code Article XXIV, entitled "Establishment of Sewer Rates," Section 136-137 is herebv amended as follows: §136-137. Charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below: A. Charges pursuant to §136-135 hereof for the Queensbury Consolidated Sanitary Sewer District (previously known as the Central Queensbury/Quaker Road and Hiland Park Sewer Districts but such Districts were consolidated in September 2010 so it is now known as the Queensbury Consolidated Sanitary Sewer District): REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 970 (1) For residential properties: For each residential unit, $5.50 per thousand gallons of water consumption as indicated by the current water meter readings, billed on a quarterly basis. (2) For nonresidential properties: $7.00 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. B. Charges pursuant to §136-135 hereof for the Queensbury Technical Park Sewer District: (1) For all occupied properties: $5.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. C. Charges pursuant to §136-135 hereof for the Pershing-Ashley-Coolidge Sewer District: (1) For all occupied properties: $5.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. D. Charges pursuant to §136-135 hereof for the South Queensbury-Queensbury Avenue Sewer District: (1) For all occupied properties and contracted customers to the South Queensbury- Queensbury Avenue Sewer District: $5.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. E. Charges pursuant to §13 6-13 5 hereof for the Route 9 Sewer District: (1) For all occupied properties: $5.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. F. Charges pursuant to §136-135 hereof for the West Queensbury Sanitary Sewer District: (1) For all occupied properties: $5.50 per thousand gallons of water consumption, as indicated by the current water meter readings, billed on a quarterly basis. SECTION 2. 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 3. 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 4. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 971 3.0 RESOLUTIONS RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166 RESOLUTION NO.: 349,2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbun- Town Board previously established a Capital Improvement Plan Reserve Fund 464 (Fund 464)for future Town project developments,and WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 4166 to fund expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital Project Fund 4166 in the amount of$76,663, and such funds were transferred into such Fund#166 from Capital Improvement Plan Reserve Fund 464,and WHEREAS, Resolution No. 178, 2007 also authorized engagement of the services of the Laberge Group(Laberge)for design of the Project,and WHEREAS, by Resolution No.: 202,2008, the Town Board authorized an increase in the Project costs and supplemented Capital Project Fund 4166 in the amount of$20,000 to cover such increases as well as future expenses and reimbursables,bringing the total for the Capital Project Fund#166 to$96,663,and WHEREAS, by letter proposal dated November 7th, 2011, Laberge advised the Town Board that it wishes to modify its existing agreement to deliver professional services by $3,700 due to the additional wetland delineation now required,and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund 464 in the amount of$3,700 for the supplemental services,and WHEREAS, in accordance with New York State General Municipal Law §6(c),the Town Board is authorized to withdraw and expend funds from Fund 464 subject to permissive referendum, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes the November 7th, 2011 letter proposal with the Laberge Group for additional professional services due to the additional wetland delineation related to the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 as set forth in the preambles of this Resolution and authorizes and directs the $3,700 increase in REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 972 the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and BE IT FURTHER RESOL LED, that the Town Board fin°ther authorizes and directs that fiarding for such supplemental Project shall be by a transfer fi°om the Capital Reserve Fund #64 in the anioratt of $3,700 to transfer to Rush Pond Bicycle Pedestrian Path Capital Project Fund#166, and BE IT FURTHER- RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: • Revenue Acct No. — 166-0000-55031 (Interfund Revenue) $3,700; and • Expense Acct No. — 166-8020-2899 (Capital Construction) $3,700; and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, to sign the November 71h, 2011 letter proposal with Laberge Group presented at this meeting, along with any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all other actions necessary to effectuate the terms 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. Duly adopted this stn day of December,2011,by the following vote: AYES Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES None ABSENT : None REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 973 RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR PROPERTIES LOCATED ON RIVER STREET FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO HEAVY INDUSTRIAL (HI) AND FROM NEIGHBORHOOD RESIDENTIAL (NR) TO COMMERCIAL INTENSIVE (CI) RESOLUTION NO.: 350,2011 INTRODUCED BY : Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is considering a revision to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 303.20-2- 32, 37-42 and 304.17-1-1 & 19 along with portions of 303.20-2-12 and 303.20-2-50 (11 parcels) from Neighborhood Residential(NR) to Commercial Intensive (CI), and WHEREAS, the portion of 303.20-2-12 to be changed is located northerly of River Street and southerly of parcel 304.17-1-1 and the portions of 303.20-2-50 to be changed are located easterly of Quaker Road and northerly of River Street, and WHEREAS, parcels 303.19-1-48, 50 and 51 (3 parcels) are to be changed from Commercial Light Industrial(CLI) to Heavy Industrial(HI), and WHEREAS, the Town Board wishes to consider adoption of Local Law No.. _ of 2011 to amend the official Town Zoning Map to reflect such proposed rezoning, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 19th , 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 974 of 2011 to amend the official Town of Queensbury Zoning Ordinance and Map whereby properties bearing Tax Map No.'s. 303.20-2-32, 37-42 and 304.17-1-1 & 19 along with portions of 303.20-2-12 and 303.20-2-50 ( 11 parcels) would be rezoned from Neighborhood Residential ( NR) to Commercial Intensive (CI); the portion of 303.20-2-12 to be changed is located northerly of River Street and southerly of parcel 304.17-1-1, the portions of 303.20-2-50 to be changed are located easterly of Quaker Road and northerly of River Street; and the parcels 303.19-1-48, 50 and 51 (3 parcels ) are to be changed from Commercial Light Industrial(CLI) to Heavy Industrial (HI), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department to forward the petition to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 5 t" day of December, 2011, by the following vote: REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 975 AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT: None RESOLUTION APPOINTING MARK DELONG AS PART-TIME SCHOOL TRAFFIC OFFICER RESOLUTION NO.351,2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, a part-time School Traffic Officer(Crossing Guard)position exists within the Town of Queensbury and the Town Board wishes to make an appointment to such position, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Mark DeLong as a School Traffic Officer(Crossing Guard) on an `ion-call"basis only, effective on or about December 6th, 2011 at the current rate of pay for the position, subject to the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this stn day of December,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 RESOLUTION NO.:352, 2011 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 976 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 $ 001-1990-4400 Contingency 001-1620-4400 Contractual 1,500 001-1990-4400 Contingency 001-5132-4070 Bldg. Repairs 2,900 001-1990-4400 Contingency 001-3510-4760 Vet Services 1,800 001-1990-4400 Contingency 001-1420-4131 Litigation 6,000 001-1990-4400 Contingency 001-1420-4133 Article 7 1,500 001-1990-4400 Contingency 001-3510-4410 Fuel 750 001-1990-4400 Contingency 001-1680-2031 Computer Hardware 3,750 001-1990-1010 Contingency Wages 001-3510-1020 O/T 1,000 001-3620-4400 Misc. Contractual 001-3410-4030 Postage 25 001-3620-4400 Misc. Contractual 001-3410-4120 Printing 85 001-3620-4400 Misc. Contractual 001-3510-4760 Vet Services 806 001-3620-4400 Misc. Contractual 001-3510-4410 Fuel 524 002-9010-8010 NYS Retirement 002-8810-4400 Misc. Contractual 4,800 004-5110-4620 Paving Materials 004-5130-1010 Wages 6,000 004-5110-4620 Paving Materials 004-5130-1020 0/t 1,000 004-5110-4620 Paving Materials 004-5142-1020 0/t 10,000 Increase Revenue 001-52680-7100 Insurance Recovery 7,100 Increase Appropriation 001-5132-4070 Bldg. Repairs 7,100 Increase Revenue 004-0000-53501 CHIPS 30,000 Increase Appropriation 004-5112-2899 CHIPS Construction 30,000 Duly adopted this 5th day of December, 2011, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF DECEMBER 6TH, 2011 RESOLUTION NO.: 353,2011 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of December 1St,2011 and a payment date of December 6th 2011, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 977 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of December 1St,and a payment date of December 6th 2011 totaling$537,342.16, and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this stn day of December,2011,by the following vote: AYES: Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING SEWAGE BILL PAYMENT TO CITY OF GLENS FALLS RESOLUTION NO.: 354,2011 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy Brewer WHEREAS,the Town of Queensbury(Queensbury) and the City of Glens Falls (City) are parties to a Wastewater Treatment Agreement, pursuant to which the Town disposes of wastewater at the City of Glens Falls Sewage Treatment Plant for the fees described therein, and WHEREAS,the Town and the City are in disagreement as to the amounts owed for such disposal, and WHEREAS, the Town has made good faith, quarterly payments to the City for the last seven (7) quarters, and WHEREAS, the City has commenced a litigation action against the Town pursuant to which the City seeks an additional, approximately$ 70,000 for the last seven(7) quarters, and WHEREAS, the Town has commissioned an auditor to analyze the situation and provide input as to amounts properly owed, and WHEREAS, the auditor indicates that the Town should bear responsibility for a total amount of approximately$857,500, and WHEREAS,therefore the $15T500 difference is essentially undisputed, and WHEREAS, the Town has always stated that it will pay the City whatever amount is due and properly owed, REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 978 NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment of$157,500 to the City of Glens Falls without prejudice as to the ultimate outcome of the litigation,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this stn day of December,2011,by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES : None ABSENT :None 4.0 PRIVILEGE OF THE FLOOR PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding a light did not elaborate as to location. SUPERVISOR STEC-Spoke to National Grid they know exactly what we want done I have signed the work order. They are going to extend the arm try to move it more directly over the intersection and put a bigger bulb in. MR. TUCKER-Spoke to the board regarding the sale of the Trash Plant asked how much money Warren County will be getting. SUPERVISOR STEC-We are going to get a little more than half it is based on how much garbage we have been sending. MR. TUCKER-Asked where the money will be going. SUPERVISOR STEC-Back to the two counties general funds to our fund balances to use in our budgets. MR. TUCKER-Was it figured in the budget? SUPERVISOR STEC-Yes. MR. TUCKER-Asked if one the At Large Supervisors representing Queensbury on the County Board is resigning. SUPERVISOR STEC-Has not heard of that. JOHN SALVADOR NORTH QUEENSBURY-Spoke to the board regarding a letter he sent to board members regarding municipal boundaries in Warren County. SUPERVISOR STEC-Disagreed with Mr. Salvador's analysis. GEORGE DRELLOS, 27 FOX HOLLOW LANE-Spoke to the board regarding the bike/pedestrian path questioned what is the time table on this. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 979 COUNCILMAN STROUGH-If DEC can get in and do the wetland delineation the next step this winter would be to get the paperwork done get the easements from the landowners we are looking at this spring. MR. DRELLOS-This spring of 2012. COUNCILMAN STROUGH-We have three stream crossing two of them are nothing they are very intermittent streams. I would like to see it opened up as a trail for pedestrian use this spring. MR. DRELLOS-Asked if there are plans for crossing the marsh would like to see the plans. COUNCILMAN STROUGH-1 can send you the plans as soon as I have them. MR. DRELLOS-Asked why they couldn't go along the Northway go through the school property? COUNCILMAN STROUGH-The school didn't want us to go through there. The other thing is the Northway the steepness is so sheer you cannot put a trail in there. MR. DRELLOS-Why can't you put a bridge across the top? COUNCILMAN STROUGH-The best place to put the bridge and you were with me this afternoon is where I have it. MR, DRELLOS-You know my concerns. COUNCILMAN STROUGH-1 don't think they have any foundation to them George. The kind of bridge that would go over that waterway of thirty or forty feet would be just a beam type of plank very simple construction with railings on both sides for pedestrians. You think that the bridge is going to attract beavers you are mistaken the bridge itself will not attract beavers. MR. DRELLOS-We will see what happens it will be interesting. 5.0 CORRESPONDENCE DEPUTY CLERK O'BRIEN-Supervisor's Monthly Report for Community Development and Building and Codes for the Month of October on file in Town Clerk's Office. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER • None COUNCILMAN STROUGH • Spoke to the board regarding Jack LaBombard retirement from the Town's Recreation Commission thanked him for everything he has done. • Spoke regarding the Queensbury Senior Citizens and the Queensbury Post Newsletter. • Spoke regarding the November 11, 2011 Lake George Mirror regarding the article entitled Town's urged to Follow Queensbury's Lead on Fertilizer Ban. • Spoke regarding a letter sent from Assistant Director of Recreation Lori O'Shaughnessy to David Moses thanking him for all he has done for the Queensbury Girls Hooper Basketball Program. REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 980 • Spoke to the board regarding the Fire Marshall's Report noting the following safety tips for this time of year. Always follow the manufacturer's instruction and installation for the tree and outdoor displays are rated for outdoor. If you have an artificial tree make sure it is labeled fire resistant. Live trees require special attention in selected places please research this information prior to purchase. Properly dispose of a live tree after the holiday season. Always refrain from overloading an electrical outlet and lead cords are intended for temporary use only. Decorations should be placed away from the heat source and be sure to have working smoke and carbon monoxide detectors. COUNCILMAN MONTESI • None COUNCILMAN METIVIER • None SUPERVISOR STEC • Thanked Look TV and sponsors for televising the meetings. • www.gueensbury.net • Spoke regarding the Veterans Tax Exemption this not only applies to Queensbury but for any veteran in any Town if you are a veteran honorable discharge take your DD-214 visit your Town or City Assessor and apply for the exemption to get a reduction on your property taxes. You can also visit Pam Vogel, County Clerk to get a discount card for area businesses. • Spoke regarding a letter he received from Jack LaBombard regarding his retirement from the Towns Recreation Commission thanked him for all of his years of service to the Town and the School District and all the kids that he coached at Queensbury. His letter says he is not resigning he is retiring his term expires at the end of December he asked not to be reappointed he didn't want to leave in the middle of a term. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 355, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 5t" day of December, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT-None RESPECTFULLY SUBMITTED, REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 981 DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY