Loading...
2012-01-23 Mtg 2 REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 66 TOWN BOARD MEETING MTG. # 2 January 23, 2012 RES. 59-76 7:00 PM BOH 1-2 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER- ABSENT COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI SUPERVISOR STEC OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 59, 2012 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 23rd day of January, 2012 by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier QUEENSBURY BOARD OF HEALTH CONTINUATION OF PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE FOR ANGELO AND RITA MOLINARO NOTICE SHOWN PUBLICATION DATE: November 25, 2011 SUPERVISOR STEC-We've got a continuation for the third time of a public hearing on a sewage disposal variance application of Angelo and Rita Molinaro. Mr. Barry, are you prepared to address the Board? I think we had sent you off with a few questions that we had PETER BARRY, ATTORNEY- Yes, an actually, if I could bring up D.J. Mabb who did all the work SUPERVISOR STEC- Absolutely, Mr. Mabb, sure. And I also followed up myself with some questions this morning and Tim Brewer and our attorney happened to be present when Dave Hatin came in the office and I asked him a few questions. So, I think I've got a little bit better understanding now too. By all means the floor is yours REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 67 ATTORNEY BARRY- Thank you. Dan, we're here, we had a few questions from last time that I wanted to address and D.J.'s here to do that. I forget which exactly but I know that one was about the spillage area so I'm not sure if anybody has those questions from last time, but if you have any questions for Mr. Mabb who did the work SUPERVISOR STEC- I thought that was one of them and COUNCILMAN MONTESI- I wanted to know where the leech field was, how close it was to the well, I understand that the septic tank is closer than our regulations, but I was just wondering where the leech field is in relation to the well. MR. MABB- The leech field, what it is it's actually a catch basin, is what it is, and it's 36 feet away from the well. I've got a plan here I can show you if you'd like to take a look at it. COUNCILMAN MONTESI- Sure MR. MABB- Want me to bring it up to you? SUPERVISOR STEC- Yea, by all means, I'd like to get this one off my table COUNCILMAN BREWER- Why didn't we even get any maps? MR. MABB- That's the drywell, there's the tank SUPERVISOR STEC- Yep, that's the tank we are talking about MR. MABB- Right, that's where the tank was originally, SUPERVISOR STEC- That's what I understand now MR. MABB- And that's where this has been for 40 years SUPERVISOR STEC- So, you're not touching that, you are just touching the tank MR. MABB- Right SUPERVISOR STEC- And, in fact, we have already replaced the tank MR. MABB- Basically, replaced it COUNCILMAN STROUGH- What you have here, is 36 feet from the well to the tank. You have a seepage pit drawn much closer, and in fact, when I was over there it appears to be much closer MR. MABB- I believe if you take a measurement between this to this you will find 36 feet COUNCILMAN STROUGH- Okay, well the code says a 100 MR. MABB- Right COUNCILMAN STROUGH- All right MR. MABB- And I did have the water tested SUPERVISOR STEC- Okay. And then we had a question about whether the well was lined or not? MR. MABB- It is SUPERVISOR STEC- It is lined? MR. MABB- Yes REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 68 COUNCILMAN MONTESI- Steel cased well? MR. MABB- Yes SUPERVISOR STEC-Now, in talking to Dave Hatin today, this is what he explained to us and certainly correct me if I'm wrong, or Tim or Bob correct me if I didn't hear Dave correctly. This is an after the fact variance where there was a tank in the ground smaller than 500 gallons MR. MABB- Right, 200 SUPERVISOR STEC- Irene came, tree fell on it, destroyed the metal tank that was already in the ground, American Tree Company came in and did some clean up, and did some tree work, discovered that the tank was crushed, said we can do that kind of work too and they took the old tank out, they put a new tank in the same spot where the old tank was, it's a concrete tank now, it's a one piece tank, it's 500 gallons MR. MABB- Yes SUPERVISOR STEC-Which is bigger than the tank that was in the ground, but smaller than code, which one of the variances that is being applied for. Am I correct? MR. MABB- Right, you're correct SUPERVISOR STEC- All right, because somebody told us that a month ago I think, we're talking about an emergency situation with a crushed tank, the right thing done would have been ask the questions because you could have put it 14 feet over, not needed that variance, and probably would have encouraged you to get a 1000 gallon tank but you had a situation. I'm not crazy about after the fact variances COUNCILMAN BREWER- Was the well put in this year or last year MR. MABB- Oh, no the well has been in there for quite a few years COUNCILMAN BREWER- Who did the well? MR. MABB- The exact year I can't remember COUNCILMAN BREWER- I don't need the exact year MR. MABB- One of the local well guys did it, I'm not sure which one, I don't have his name right here, but I do have it on papers in the file at home SUPERVISOR STEC- And talking with Dave Hatin today, I mean he seems satisfied with the questions that are going back and forth in December about this COUNCILMAN STROUGH- So, did you consider putting a holding tank in at all? MR. MABB-No, because the system works, it operates, it's been operating for four years or so, so that wasn't really an issue as far as the seepage bed and all that works fine COUNCILMAN MONTESI- It's been operating for forty years as a seasonal residence. The people that are buying it, as we understand it's on the contract, want to use it year-round or at least during the winter, so the impact on a 500 gallon tank using it year-round will be even more of an effort on the septic field or the cesspool or you call it a catch basin MR. MABB- Right COUNCILMAN MONTESI- You know, there would be some concerns there in close proximity to, I mean it's a whole different story that it's going to be a year round residence REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 69 MR. MABB- Right, but the residence that's going to be moving in there is a single person and I know that person too, very well. They will probably spend as much there as the same couple that are selling it COUNCILMAN STROUGH- How many bedrooms? MR. MABB- There's two, which keep it in the realm of what's there COUNCILMAN STROUGH- Yea, but still what bothers me is the proximity of the infiltration bed for the septic system to the well. I mean code says 100 feet MR. MABB- Right COUNCILMAN STROUGH- And we do allow some variances from that, but the well was put in where it was put in, it's only 30 maybe 36 I guess. That's a potential health hazard in and of itself MR. MABB- And that's why I did, I did get a test of the well COUNCILMAN STROUGH- See a holding tank would solve that problem because then they wouldn't be using the infiltration field that wouldn't jeopardize the health of the well. I would feel better if it was a holding tank and there are other holding tanks up in that region COUNCILMAN BREWER- How deep is the well, any idea? MR. MABB- 450 feet SUPERVISOR STEC- So you have some vertical separation there COUNCILMAN BREWER- Yea MR. MABB- But like I said I did do a test on the well and in 30 years or 35 years or whatever it hasn't infiltrated the well at this point; and the well is parallel with it, the downhill situation the water, any seepage is going to be going towards the east. The well is completely to the south on an uphill, you know what I'm saying, so water goes downhill. Your leech field is over here, it's never going to get to the well, it can't COUNCILMAN STROUGH- The leech field is where that kind of temporary driveway is and it's about on the same plain give or take. The well might even be a little lower than the leech field, which is not a good healthy situation MR. MABB- Definitely not, but like I said, in 40 years it hasn't COUNCILMAN MONTESI- Suppose the leech field just leaks down the hill, bottom of the hill John, then the flow is towards the well MR. MABB- Well, if it goes downhill it's going to be towards the neighbor. I know the people involved that own the house, I know the people involved that are buying the house. The girl who's buying the house is going to end up doing a lot of different things. There's a lot things that are going to happen there COUNCILMAN BREWER- Such as what? MR. MABB- Such as there will probably be an addition, there will probably be other things being done COUNCILMAN BREWER- You shouldn't be telling us that. Well, you're being honest MR. MABB- Well, there's going to be permits, they are going to get variances, they are going to do what they have to do to do it properly REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 70 COUNCILMAN STROUGH- Well, the other thing is that they are surrounded by wetlands, I mean the water table is right up there MR. MABB- What I am saying is if this thing ever fails there's not going to be a problem with these people taking care of it COUNCILMAN STROUGH- And I wouldn't be so, I would be more comfortable having holding tank, especially if you are going to put additions onto the house MR. MABB- Well, the addition is just to make a room bigger COUNCILMAN STROUGH- Winterize it, use is year-round. I mean the house is where it is, I didn't chose to put it in an area where the water table is so high, the wetlands so close. But, it is what it is and that's not a healthy situation for an infiltration system SUPERVISOR STEC- All right, the public hearing is still open, we will take any comment that the public might have,just raise your hand I'll call on people COUNCILMAN BREWER- There's someone in the back there Dan SUPERVISOR STEC- Yep, sir if you want to come up to the microphone please and state your name and address. Mr. Mabb and Mr. Barry if you guys could let him sit down ROB SIMON- I'm the attorney for the buyer SUPERVISOR STEC- Okay MR. SIMON- One of the concerns that we were asking about was whether if we got the infrared system installed on the water would that be workable to continue to use the well? SUPERVISOR STEC-Well, we've conditioned that before, I mean that would probably make us more comfortable COUNCILMAN BREWER-Yea, why have you not hooked up to the MR. SIMON- We don't own the house yet. I have no explanations to that COUNCILMAN BREWER- Would you be willing to hook up to the water COUNCILMAN MONTESI- Yea, but see that's only seasonal, that's the problem COUNCILMAN BREWER- Well, he's saying that his client is going to move in there full-time COUNCILMAN MONTESI- Yea, but it's only seasonal COUNCILMAN BREWER- OH, yea, yea, yea I see what you're saying Ron MR. SIMON- That may be acceptable but again it doesn't resolve the issue COUNCILMAN BREWER- Right SUPERVISOR STEC-Well, we can condition our approval on that COUNCILMAN STROUGH- Well, the other thing that bothers me too is this only has one seepage pit, usually we put a minimum of two these days, but it's only got one SUPERVISOR STEC-Well, what's the Board want to do? COUNCILMAN BREWER- I don't really have a big issue with it, if they're willing to put that ultraviolet system in and they've got a 400 hundred foot well, I mean you've got vertical separation like you said and there is some separation but I would be willing to go okay with REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 71 SUPERVISOR STEC-We are here because a tree fell on it COUNCILMAN BREWER- Right, It's not like they just went and dug it up because they wanted to COUNCILMAN STROUGH- Well, I'm not happy with it SUPERVISOR STEC- And I can fully understand, you've got every right to not be happy with it. I mean, is it good enough for me? COUNCILMAN MONTESI- I'm not happy with it either COUNCILMAN BREWER- Well, it doesn't really look like it's going to go anywhere. MR. MABB- How can we make you happy? COUNCILMAN STROUGH- Put a holding tank in COUNCILMAN BREWER- Put a holding tank in. What's your answer Ron? COUNCILMAN MONTESI- I think that's a pretty good idea, especially with the fact that there may be some potential growth to the home being suggested, not that it's committed but suggested, so we will have to deal with this again. Is 500 gallons worthy of 200 more square feet on the house COUNCILMAN BREWER- Right COUNCILMAN MONTESI- It's a battle that we're going to have to continue to have to deal with COUNCILMAN BREWER- So what you would like to do have them take out a brand new tank that they put in and buy a holding tank and put that in? SUPERVISOR STEC-Well, like I said, I'm bothered by after the fact variances. We see them from time to time and COUNCILMAN BREWER- Like you said though Dan, it was an emergency, it's not like they got up Saturday morning and said lets dig it up and put a new one in COUNCILMAN STROUGH- Right, and I can understand that, storm damage to the holding tank, probably the insurance covered it. Is it the right thing to do, no but it was the immediate thing to do. I can understand the process. What I'm saying is now is I'm not comfortable approving this, putting my stamp on this. My comfort level would be, I would vote yes if it was a holding tank COUNCILMAN BREWER- It's reasonable I guess SUPERVISOR STEC-Do you want to reconsider a holding tank? I'm not sure that the Board is going to approve this variance COUNCILMAN BREWER-No, not tonight anyway MR. MABB- Wouldn't because the system didn't fail, if the system failed okay, you guys have legal bitch or whatever you want to call it COUNCILMAN BREWER- We still do MR. MABB- The system didn't fail so the COUNCILMAN BREWER- But, if it doesn't pass here tonight you've got no system period REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 72 MR. MABB- ... whatever I've got to do to make them happy to get the thing passed because a holding tank is not the answer. There's plenty of septic systems out there on that COUNCILMAN STROUGH- I'd say put the filtration system on the other part of the property, but the problem is you're sitting in a wetland. It's a mounded place with a house and wetlands surrounding it. MR. MABB- There's wetlands all over there COUNCILMAN STROUGH- The water table when I was there one day, the water table was sitting right there in the ditch, the drainage ditch by the road,just right there. That water table can't be two feet underneath that MR. MABB- That's down the street COUNCILMAN STROUGH- I'm talking this property MR. MABB- Right on this piece of property, this piece of property is not wetlands, it's dry COUNCILMAN STROUGH- The house is on a .... Island surrounded by wet area MR. MABB- There's a lot of other ones there too and they all have septics COUNCILMAN STROUGH- Well, they're not before me right now, this one is SUPERVISOR STEC- All right, is there any other public comment on this? Mr. Salvador. Would you guys let Mr. Salvador have the mic. please JOHN SALVADOR- I think the holding tank is a good idea and they can salvage the 500 gallon tank that's there by purchasing another 500 gallon tank, set it right beside it, tie them together and you've got a 1000 gallon holding tank. SUPERVISOR STEC- Thanks John COUNCILMAN MONTESI- Just put the alarms on it and they're all set SUPERVISOR STEC- Yea, you're right, you're right MR. SALVADOR- Excuse me? COUNCILMAN MONTESI- Just put the alarms on it and you're all set SUPERVISOR STEC- Any other public comment on this public hearing? MR. MABB- The thing is that a holding tank is usually 3000 gallons right, so two 500's that's a 1000, that's not going to cut it. I know people that live there and have holding tanks, 3000 gallons; it doesn't take long if you look at your meter and how much water you use. It doesn't take long to burn up 3000 gallons. You'd be pumping the thing every three months if that, it might even be sooner COUNCILMAN MONTESI- It won't take long to fill up a 500 gallon septic tank either MR. MABB- The thing is with a 500 gallon septic tank is how they work. I don't know if you know how they work or not, but how they work is with a leech field, which this is a holding tank type situation; it's a drained leech bed, leech field type tank. When the water goes the solids stay in the tank the liquids go into the other tank and then it dissipates into the ground. As far as it being a big problem, in that soil up there, that soil you can almost ask any engineer that knows anything about it, once that water goes through a certain amount of that soil you can drink it. It purifies it SUPERVISOR STEC- Is there any other public comment? Seeing none I will close the public hearing and is there a motion that anyone wants to make? REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 73 COUNCILMAN BREWER- I don't see it going anywhere Dan COUNCILMAN MONTESI- Well, I'll make the motion to deny COUNCILMAN STROUGH- I'll second SUPERVISOR STEC- A motion to deny the variance moved by Councilman Montesi, seconded by Councilman Strough. Any discussion by the Board? Let's go ahead and vote please COUNCILMAN BREWER- A no vote is to not deny correct? SUPERVISOR STEC- Correct, a no vote is to not deny. A yes vote is to deny. Okay Rose RESOLUTION DENYING ANGELO AND RITA MOLINARO'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 1,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Angelo and Rita Molinaro filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to: 1) allow a septic tank to be placed 36' from the well in lieu of the required 50' setback; and 2) install a 500 gallon tank in lieu of the required 1,000 gallon tank in accordance with 75A.6 Table 3 of the New York State Department of Health Appendix 75A Wastewater Treatment Standards, on property located at 24 Sunset Lane in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted public hearings concerning the variance requests on Monday, December 5th and 19th, 2011 and January 23rd, 2012, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, BE IT FURTHER, RESOLVED, that the Local Board of Health hereby denies the application of Angelo and Rita Molinaro for variances from the Sewage Disposal Ordinance. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Stec NOES: Mr. Brewer REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 74 ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 2, 2012 INTRODUCED BY: Mr. John Strough 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 23rd day of January, 2012 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 2.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT WITH RICHARD H. DINOLFO, CERTIFIED PUBLIC ACCOUNTANT FOR PROVISION OF PROFESSIONAL ACCOUNTING AND CONSULTING SERVICES RESOLUTION NO.: 60,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board previously authorized engagement of the services of Richard H. Dinolfo, Certified Public Accountant (Mr. Dinolfo), to provide professional accounting and consulting services to the Town of Queensbury, and WHEREAS, the Town's Budget Officer has recommended that the Town Board again authorize engagement of Mr. Dinolfo to provide such services to the Town through December 31St 2012 as more fully set forth in Mr. Dinolfo's proposal to the Town dated December 29th, 2011 and presented at this meeting, and WHEREAS, the Town Board wishes to authorize such services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 75 RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Richard H. Dinolfo, Certified Public Accountant for provision of professional accounting and consulting services to the Town of Queensbury, to be billed at the rate of$135 per hour of service, not to exceed $7,500, for time provided through December 31St, 2012, as generally described in Mr. Dinolfo's December 29t1i 2011 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign such proposal substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that payment for such services shall be from the appropriate Town accounts as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board and 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 23rd day of January, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING 5K RUN TO BENEFIT ADIRONDACK SAMARITAN COUNSELING CENTER & WAIT HOUSE RESOLUTION NO.: 61,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Glens Falls Rotary has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit the Adirondack Samaritan Counseling Center & WAIT House as follows: REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 76 SPONSOR Glens Falls Rotary EVENT 5k Road Race/Walk DATE Saturday, April 7th 2012 TIME Approximately 9:15 a.m. PLACE Beginning and ending at Adirondack Community College (Copy of course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Glens Falls Rotary to conduct a 5k Road Race/Walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Glens Falls Rotary to conduct a 5k Road Race/Walk within the Town of Queensbury to benefit the Adirondack Samaritan Counseling Center&WAIT House on Saturday, April 711i 2012, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier RESOLUTION AMENDING RESOLUTION NO.: 212,2010 REGARDING ASSISTANT COURT CLERK POSITION RESOLUTION NO.: 62,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 212,2010 the Queensbury Town Board authorized the REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 77 establishment of an Assistant Court Clerk part-time position and appointed Stephanie Mahoney to such position with authorization to work up to 30 hours per week, and WHEREAS, the Town Board wishes to amend such Resolution to allow the Assistant Court Clerk to work up to 35 hours per week, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 212,2010 such that Assistant Court Clerk Stephanie Mahoney may work up to 35 hours per week, and BE IT FURTHER RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 212,2010 in all other respects. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF A NEW 1/2 TON 4X4 PICK-UP REPLACEMENT TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 63,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town's Water Superintendent wishes to advertise for bids for the purchase of a new 3/4 ton 4x4 Pick-Up Truck to replace a 1997 truck in the Water Department as will be specified in bid specifications to be prepared by the Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 78 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for the purchase of a new 3/4 ton 4x4 Pick-Up Truck for 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. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING AGREEMENT BETWEEN WARREN COUNTY ACTING FOR AND ON BEHALF OF WARREN-HAMILTON COUNTIES' OFFICE FOR THE AGING AND TOWN OF QUEENSBURY RESOLUTION NO.: 64,2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Warren County, on behalf of the Warren-Hamilton Counties' Office for the Aging, is authorized to establish, operate and maintain programs and services for the elderly in Warren County and is authorized to contract with public, private and non-profit and voluntary agencies to provide such needed services for adults 60 years of age and over, and WHEREAS, the Town of Queensbury is capable of assisting Warren County in fulfilling this responsibility, and WHEREAS, Warren County has presented the Town Board with an Agreement for transportation for the elderly services for 2012, with Warren County to reimburse the Town up to fifty-percent (50%) of the actual expenses incurred or up to the amount of$6,607 for the Town's provision of these services, and WHEREAS, a copy of the proposed Agreement is presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 79 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with Warren County on behalf of the Warren-Hamilton Counties' Office for the Aging for the year 2012 substantially in the form presented at this meeting, with Warren County to reimburse the Town up to fifty-percent (50%) of the actual expenses incurred or up to the amount of $6,607 for the Town's provision of these services, and authorizes and directs the Town Supervisor to execute the Agreement with insurance provisions consistent with Town Policy and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING RAGNAR EVENTS, LLC TO CONDUCT RAGNAR RELAY ADIRONDACKS 200 MILE OVERNIGHT RUNNING RELAY RACE PARTIALLY WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 65,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, Ragnar Events, LLC has requested permission to conduct a 200 mile overnight running relay race partially within the Town of Queensbury as follows: SPONSOR: Ragnar Events, LLC EVENT: Ragnar Relay Adirondacks 200 mile overnight running Relay Race from Saratoga Springs to Lake Placid, NY (December 1211i 2011 letter describing the event being presented at this meeting) DATE: September 28 and 29, 2012 TIME: Approximately 3:00 p.m. on Friday, September 28th 2012— approximately 1:00 a.m. on Saturday, September 29th 2012 PLACE: Runners will be on the Warren County Bikeway from Glens Falls until Ash Drive, Queensbury, where they will take a left and follow Glen Lake Road to meet the next runner in the parking lot of the Warren County Municipal Center. Next runner will run back down Glen Lake Road where they will rejoin the bikeway and continue on it until the end of Million Dollar Beach, Lake George REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 80 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves Ragnar Events, LLC's Ragnar Relay Adirondacks 200 mile overnight running Relay Race to be held on September 28th_ 291h 2012 as generally described in the December 12th 2011 letter to the Town Supervisor presented at this meeting and subject to: 1) approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event; and 2) the Town's receipt of proof of proper insurance from Ragnar Events, LLC to conduct the race partially within the Town of Queensbury. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 26TH ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO.: 66,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 26th Annual Shamrock Shuffle Road Race as follows: SPONSOR The Adirondack Runners Club EVENT 26th Annual Shamrock Shuffle Road Race DATE Sunday, March 25th 2012 PLACE Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and map showing course is attached); NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 81 RESOLVED, that the Queensbury Town Board hereby approves the Adirondack Runners Club to conduct the 26th Annual Shamrock Shuffle Road Race partially within the Town of Queensbury subject to the Town's receipt of proof of insurance from the Adirondack Runners, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier RESOLUTION SUPPORTING APPLICATION OF SARATOGA AND NORTH CREEK RAILWAY, LLC BEFORE THE SURFACE TRANSPORTATION BOARD TO PROVIDE RAIL SERVICE ON THE EXISTING APPROXIMATELY 29.71 MILES OF RAIL TRACK KNOWN AS THE "TAHAWUS LINE" RUNNING FROM NORTH CREEK, NEW YORK WITH TERMINUS AT NEWCOMB, NEW YORK RESOLUTION NO.: 67,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Saratoga and North Creek Railway, LLC has applied to the Surface Transportation Board for permission to reactivate the Tahawus line, and WHEREAS, once approved for use, Saratoga and North Creek Railway, LLC intends to utilize the Tahawus line to haul freight and support economic development, and WHEREAS, existing rail lines have become an increasingly important alternative for shipping and receiving for small to medium size Adirondack businesses as the price of gasoline and diesel fuel increases, and REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 82 WHEREAS, the North Country Regional Economic Council Plan identified rail importance as a major component of the region's economic health and calls for the retention of all existing rail lines, and WHEREAS, the rehabilitation and use of the Tahawus rail line as proposed by Saratoga and North Creek Railway, LLC holds the potential for additional future passenger and tourism services, while accommodating freight shipments to existing businesses, and WHEREAS, the application of Saratoga and North Creek Railway, LLC to reactivate the Tahawus line has been met with vehement opposition by Protect the Adirondacks!, Inc., as well as resistance by the NYS DEC, Division of Lands and Forest, and WHEREAS, it is the opinion of the Queensbury Town Board that leaving these existing tracks in place and unused is a waste of a community asset, and WHEREAS, if a viable proposal for use of this existing infrastructure is made and will be pursued (as we understand it has) then the tracks should be used for this purpose— otherwise, if no future use of the rails is deemed feasible or likely should other alternative uses for this rail bed be pursued so that this asset does not continue to deteriorate and remain in limbo, unused for any benefit as has been the situation for many years, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby expresses strong support for the application of Saratoga and North Creek Railway, LLC to the Surface Transportation Board for permission to operate the Tahawus line, and BE IT FURTHER, RESOLVED, that the Town Board believes that leaving the rail line in place, unused in any way is not to the public's benefit and that it should be allowed to be put to use, preferably as currently proposed by Saratoga and North Creek Railway, LLC, but ultimately if no rail use will be pursued in the near future than for some other public use, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send a certified copy of this Resolution to the Surface Transportation Board, the New York State Department of Environmental Conservation, Division of Lands and Forest, the Essex County Board of Supervisors, the Hon. Elizabeth O'C. Little, the Hon. Teresa Sayward, the Adirondack Association of Towns and Villages and such other officials and entities as deemed appropriate by the Town Board, and REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 83 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier DISCUSSION HELD BEFORE VOTE: COUNCILMAN BREWER-What are you doing to it Mike? MIKE GENIER, CEMETERY SUPERINTENDENT- Okay, we are going to be replacing the floor in the main cremation unit which is also the roof of the after chamber unit. There is some refractory, some bricks that deteriorated and we really need to replace that to keep the retort in top shape COUNCILMAN BREWER-Is that the newest retort? SUPERINTENDENT, GENIER- That's the oldest one, it was the 1986 COUNCILMAN BREWER- The other one has been done though as I recall SUPERINTENDENT, GENIER- That one has been done recently in 1992, so that one is in good shape COUNCILMAN BREWER-We're not worried about doing that in the next year or two SUPERINTENDENT, GENIER-No, sir. The only thing we will be doing on the newer one is we'll be replacing the stack, which should be arriving on Thursday COUNCILMAN MONTESI-Mike, how many cremations do we do a year? SUPERINTENDENT, GENIER-Last year we did 642 COUNCILMAN MONTESI- There is an interesting story about when I served on this Board awhile back. We ended up purchasing the crematorium, it was originally owned by the fellow that owned the funeral home, the funeral director in front of it. When he found that none of the competitors in the area would use the crematorium because he was a competitor in the funeral business. He offered it to the Town, we bought it, we put the garage door that was on the front in that back facing our cemetery and it's been a very, very worthwhile investment for the community and for our Town and we serve a big area with 600 that's amazing SUPERINTENDENT, GENIER- And each year it increases Ron COUNCILMAN MONTESI- And you were talking about the newest one that you purchased, I remember I was on the Board and they sent me down to make sure that we needed one and I got a tour of the facility and while it was in operation, and I said I think you need it, it's enough for me SUPERINTENDENT, GENIER- We have done a lot of upgrades there over the years. I know Dan and Mr. Brewer toured it a few years ago and then they funded us to upgrade a number of things. REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 84 The building we have done quite a bit to over the last year. Last year we put a new roof on the building, the year before we attached the sewer into the main Town's sewer, so we've upgraded COUNCILMAN MONTESI- Well, you run the cemetery and the crematorium in a very professional and dignified manner and that's something that we should be proud of SUPERINTENDENT, GENIER- Thank you SUPERVISOR STEC- Thanks Mike. Any other questions for Mike? All right, let's go ahead and vote. RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEWS CREMATION GROUP TO PERFORM CREMATORY RETORT REPAIRS RESOLUTION NO.: 68,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury's Cemetery Superintendent and Town Cemetery Commission have requested that the Town Board authorize Matthews Cremation Group (Matthews) as a single source vendor to perform Crematory Retort repairs on the Crawford C-1000 Cremation Unit at the Pineview Cemetery, and WHEREAS, such repairs will cost approximately $12,250, not including freight charges, as set forth in Matthews' letter proposal dated January 5t1i 2012 and presented at this meeting, and WHEREAS, Matthews has performed annual Crawford and Power Pak Retort inspections, is accepted by the New York State Department of Environmental Services as meeting statutory requirements regarding inspections, and is the manufacturer of these retorts, possessing proprietary engineering drawings and specifications for such equipment, and for these reasons, the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes, self-imposed bidding requirement in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, this will ensure that the Town's retorts will continue to operate in a safe and efficient manner while continuing to meet DEC's regulatory requirements, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 85 RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Matthews Cremation Group (Matthews) to repair the Crawford C-1000 Cremation Unit at the Pineview Cemetery for approximately $12,250 (under$20,000), not including freight charges, and BE IT FURTHER, RESOLVED, that such authorization is contingent upon Matthews providing the Town with satisfactory proof of insurance prior to commencing work for the Town, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts the transfer of$12,250 from the Queensbury Cemetery Commission's Permanent Maintenance Fund to the Cemetery's Miscellaneous Revenue Account No.: 002-0000-52770, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment shall be made from the Cemetery's Equipment Repair Account No.: 002-8810-4800 and authorizes and directs the Town Budget Officer to take any and all actions necessary to amend the 2012 Town Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 86 RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 69,2012 INTRODUCED BY: Mr. John Strough 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 2011 Town Budget as follows: From To Code Appropriation Code Appropriation S 001-1220-4400 Misc Contractual 001-134 -1010 Wages 101 001-1410-1010 Wages 001-1330-4010 Supplies 1,000 001-1670-4010 Supplies 001-1670-1010 Wages 53 001-7020-1010 Wages 001-7110-1010 Wages 4,000 001-7020-1010 Wages 001-7020-4030 Postage 500 001-710-4400 Misc. Contractual 001-7110-4410 Fuel 400 001-710-4400 Misc Contractual 001-710-1010 Wages 212 001-710-4400 Misc Contractual 001-7620-1010 Wages 283 001-9055-8055 Disability Insurance 001-9040-8040 Workers'Comp Ins 370 002-8810-1010 Wages 002-8810-400 Fuel 2,000 004-9010-8010 NYS Retirement 004-5130-4110 Vehicle Repairs 11,000 004-9010-8010 NYS Retirement 004-9040-8040 Workers'Comp Ins 360 009-9010-8010 NYS Retirement 009-9040-8040 Workers'Comp Ins 260 032-9010-8010 NYS Retirement 032-9030-8030 Social Security 220 032-9010-8010 NYS Retirement 032-9040-8040 Workers'Comp Ins 1,90 040-8330-4270 Water Chemicals 040-8330-1010 Wages 76 040-9010-8010 NYS Retirement 040-9040-8040 Workers'Comp Ins 5,650 Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi NOES: None ABSENT: Mr. Metivier REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 87 RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF JANUARY 10'AND JANUARY 24TH, 2012 RESOLUTION NO.: 70,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of January 10th and January 19th 2012 and payment dates of January 10th and January 24t1h, 2012, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of January 10th and January 19th 2012 and payment dates of January 10th and January 24th, 2012 totaling $205,122.65 and $731,278.22, 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. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF KENNETH ELLIS AS PART-TIME COURT OFFICER RESOLUTION NO.: 71,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 88 WHEREAS, there is presently a vacancy in the part-time Town Court Officer position in the Town of Queensbury's Justice Court, and WHEREAS, the Town Justices conducted interviews for the vacant position and have recommended that the Town Board hire Kenneth Ellis, and WHEREAS, the Town Board concurs with such hiring recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Kenneth Ellis as a part-time Court Officer effective on or about January 24th, 2012 at the hourly rate of pay of$14.71 as set forth in Town Board Resolution No.: 365,2012, and 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 further authorizes payment in the amount of$25.38 per service to Mr. Ellis for service of any paper required by Town Court or any Town of Queensbury Department, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Justices and/or Town Budget Officer to complete any necessary forms and take any actions necessary to effectuate this Resolution. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY RELATING TO SOLID WASTE AND RECYLABLE DISPOSAL SERVICES AND SOLID WASTE AND RECYCLING TRANSPORTATION SERVICES RESOLUTION NO.: 72,2012 REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 89 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Warren County (County) has arranged for: 1) disposal services for municipal solid waste and recyclables over which the County and local municipalities, including the Town of Queensbury, have control; and 2) solid waste and recycling transportation services, and WHEREAS, the Town wishes to utilize the County's arrangement for disposal services for certain categories and locations of the Town's municipal solid waste and recycling upon the terms and conditions set forth in the County's agreements with Wheelabrator Hudson Falls, LLC for Solid Waste Disposal Services and Waste Management of New York, LLC for Recyclable Disposal Services, and WHEREAS, the Town will have Waste Management transport and dispose of all its recyclables except bulk metals (which the Town will separately deal with) and the Town chooses the individual bid process for recyclables, not the blended rate, and WHEREAS, the Town also wishes to utilize the County's arrangement for transportation services for certain categories and locations of the Town's municipal solid waste and recycling upon the terms and conditions set forth in the County's agreement with Waste Management of New York, LLC for Solid Waste and Recycling Transportation Services, and WHEREAS, the County has accordingly presented the Town Board with two (2) Intermunicipal Agreements and such Agreement are presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Intermunicipal Agreements between Warren County and the Town of Queensbury regarding the: 1) disposal services for certain categories and locations of the Town's municipal solid waste and recycling; and 2) transportation services for certain categories and locations of the Town's municipal solid waste and recycling, in substantially the forms presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreements, and BE IT FURTHER, RESOLVED, that the Town Board chooses to have Waste Management of New York, LLC transport and dispose of all its recyclables except bulk metals (which the Town will separately bid out and contract for) and chooses the individual bid process for recyclables, not the blended rate, and REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 90 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Solid Waste Facilities Operator, Town Budget Officer and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION REGARDING PREPARATION AND IMPLEMENTATION OF COMMUNITY STORMWATER MANAGEMENT PLANS RESOLUTION NO.: 73,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Laws of 1987, Chapter 617, which became effective on January 1, 1988, amended Article 43 of the Environmental Conservation Law (Lake George Park Law) and directed the Lake George Park Commission (Commission) to develop rules and regulations for the preparation of local stormwater management plans and their implementing stormwater regulatory control programs throughout the Lake George Park, and WHEREAS, Chapter 617 also authorized and empowered each municipality, including the Town of Queensbury, to develop a Stormwater Management Plan and to adopt and implement a stormwater regulatory control program consistent with the Stormwater Management Plan and subject to the approval of the Commission, and WHEREAS, the Commission established the Lake George Park Stormwater Community Planning Assistance Program to provide grants and in-kind services to municipalities for the purpose of preparing and implementing stormwater management plans and projects, and WHEREAS, the Commission and Town are authorized to enter into agreements to provide mutual support and assistance for the preparation and implementation of Stormwater Management Plans and projects to protect the natural resources of the Lake George Park, and REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 91 WHEREAS, the Queensbury Town Board feels that such agreement for mutual support and assistance will benefit Town residents and therefore wishes to authorize an Intermunicipal Agreement, and WHEREAS, an Intermunicipal Agreement with the Commission has been presented at this meeting, whereby the Commission would reimburse the Town $15,000 for expenses incurred to complete a Scope of Work set forth in Appendix B of such Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Intermunicipal Agreement with the Lake George Park Commission regarding Preparation and Implementation of Community Stormwater Management Plans substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts the $15,000 in grant funds from the Lake George Park Commission for expenses incurred to complete the project and the Town Board authorizes and directs the establishment of a Capital Project Fund to be known as the "LG Park Commission Stormwater Program Grant Fund #189," which Fund will establish funding for expenses associated with the grant funds and establishes initial appropriations and estimated revenues for Capital Project Fund #189 in the amount of$15,000 to be funded from grant funds received by the Town from the Lake George Park Commission, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • Increase Appropriation 189-8010-4400 by $15,000; • Increase Revenue 189-0000-52189 Other Home and Community Income by $15,000; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 92 RESOLVED, that the Town Board further authorizes a temporary loan from the General Fund up to $15,000 until such time as grant funds are received, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and authorizes the Town Supervisor and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: Mr. Metivier 3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) GEORGE DRELLOS- Spoke to the Board with regards to the previous discussion concerning the Molinaro septic variance. He stated that well drillers should have to be 100 feet from a septic system and the Town should pass a law requiring them to do so. This would eliminate a lot of problems down the road. Supervisor Stec explained that he would look into that for Mr. Drellos. JOHN SALVADOR- • Stated that he has not seen the agreement for resolution 2.14 (Resolution Authorizing Intermunicipal Agreement Between Town of Queensbury and Lake George Park Commission Regarding Preparation and Implementation of Community Stormwater Management Plans). Supervisor Stec offered his copy. • Spoke regarding a series of appeals he has brought before the ZBA on the Mellowstone project on Dunham Bay. In that regard, noted his concern with a ZBA alternate sitting in when there was no stated conflict of interest on the part of the member who was present but did not sit. Supervisor Stec explained that he would look into this. GEORGE RYAN- • Spoke to Board the regarding the widening of Meadowbrook Road and how pleased he is with how well it turned out. • Questioned Councilman Strough concerning the progress of the Rush Pond project. Councilman Strough explained that all of the archeological review is done and they did come across some areas that were areas, in other words, that have Native American materials there. It was so sensitive that the area had to be bypassed. Some areas have been redrawn and there is now a route from end to end, from Fox Farm Road all the way to Gurney Lane with an archeological review done and complete and satisfied. The other thing that needs to be done is to label all of the wetlands. Since the Franklins donated the 50 acres the Town was able to reroute part of the trail to a more satisfactory location, out of the wetland areas and it could include a parking area. So, now that we have a potential parking area and a realigned trail we had to redo some things and we did that. Now we are at the point where we need to do three stream crossing so we are working with the DEC in developing a potential Boy Scout projects, and from what I do know the Boy Scouts are interested in this. The stream crossings are being designed right now. The other thing would be that we need the legal easements from three of the independent land REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 93 owners there. Hopefully we will have the easements out of the way, DEC almost out of the way and we've got the wetland delineation out of the way, we've got the archeological review out of the way. 4.0 CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- I have the 2011 Annual Reports for the Town Clerk, Receiver of Taxes and Town Historian on file in the Town Clerk's Office. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER- COUNCILMAN MONTESI- Read the following letter addressed to Steve Lovering, Director of Parks and Recreation. Good Morning, I wanted to pass along how much my husband and I) and our leashed dog) enjoyed the Meadowbrook Reserve tail yesterday. The opportunity to explore field, dense forest and wetlands was a real treat so close to our home. The educational boards were both informative and attractive. This hike has spurred us to explore the other recreational trails in Queensbury. Thank you. Roxanne Westcott COUNCILMAN STROUGH- • Outlined the monthly Queensbury Post and the activities available to senior citizens. This monthly newsletter is full of activities, great activities. If you are 55 or older and are interested please call 761-8224 • Received the annual report from the Fire Marshall's Office. Reminded everyone of the importance of carbon dioxide detectors and that all homes are required to have them. Thanked our inspectors for providing a safe Town. COUNCILMAN BREWER- Spoke regarding the exit 18 corridor. There are a lot of new businesses along there. The new Hudson Headwaters building on Corinth Road is open for business and there is a pharmacy located in the building. The grand opening will be held on Thursday. Also, Perkins recycling just bought the old Northern distributing building, and there is a new church on Corinth Road. TNT Body King recently moved in on Big Boom Road as well as some other businesses coming to the area. Things are starting to happen over there and hopefully it will be good for the Town. SUPERVISOR STEC- • Noted the time of the Hudson Headwaters grand opening, it will be from 4pm-6pm with the ribbon cutting at 5pm • Spoke regarding the work at exit 19 where the new diner will be located • Thanked Look TV and their sponsors for televising these meetings. • Town's website www.queensbury.net. The website was recently revamped adding more information such as resolutions for upcoming meetings. • Deadline for property exemptions is March 1St. This deadline applies to every Town/ county in New York State, not just Queensbury. Also, if you are a Veteran and have been honorably discharged take your DD-214 to the Assessor's Office to apply for the exemption. While you have your DD-214 out bring it to the County Clerk and apply for your Veteran's exemption card. There are dozens of business in Warren County that are willing to give Veterans an exemption and all you have to do is show that card. 6.0 EXECUTIVE SESSION RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 74, 2012 REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 94 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 from Regular Session and enters into Executive Session to interview a candidate for a Planning Board Alternate position. Duly adopted this 23rd day of January, 2012, by the following vote: Ayes: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Montesi Noes: None Absent: Mr. Metivier RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.: 75, 2012 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 Executive Session and moves back into Regular Session Duly adopted this 23rd day of January, 2012, by the following vote: Ayes: Mr. Brewer, Mr. Stec, Mr. Montesi, Mr. Strough Noes: None Absent: Mr. Metivier NO ACTION TAKEN DURING EXECUTIVE SESSION RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 76, 2012 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 its Regular Town Board Meeting. Duly adopted this 23rd day of January, 2012, by the following vote: AYES: Mr. Stec, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None REGULAR TOWN BOARD MEETING 01-23-2012 MTG#2 95 ABSENT: Mr. Metivier Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury