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2012-04-02 Mtg 8 REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 183 TOWN BOARD MEETING MTG. # 8 APRIL 2, 2012 RES. 115-126 7:00 p.m. TOWN BOARD MEMBERS SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI 1.0 HEARING 1.1 HEARING- Ordering Demolition of Structure On Property Owned by Rick Randall Supervisor Stec-The first hearing ordering a demolition of a structure on property owned by Rick Randall located at 622 Luzerne Road, in Queensbury. I do not know if Mr. Randall or anyone is here representing him this evening but not only did Dave Hatin inform me but I also personally drove by the property today and they are in the process of demolishing it. Dave has recommended that we do not need to follow through, but as advertised we will conduct the hearing. My recommendation to the Board would be that we not take any action and we will see if in effect it is gone by the end of the week. It looks like they are demolishing the structures so the issue may be mute. Is there anyone representing the property owners in attendance? (no one spoke) We will close the hearing and we will not take any action on this resolution. Councilman Montesi-This was an unsafe structure? Supervisor Stec-It was an unsafe structure the roof was collapsing in, it is located off of Luzerne Road. 1.2 Baybrook II, LLC's Application for Variance/Waiver from Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136-Sewers and Sewage Disposal Supervisor Stec-We have been asked to consider and I think Mr. Lapper is here representing the applicant, a three year waiver, however we have also through the discussion been assured and a condition of our approval that this is it, three years and three years from now they will make this connect. Attorney John Lapper-Mr. Schermerhorn is in Florida tonight and apologizes that he could not be with me tonight. The equity is here, when he was building his office and apartment complex across the street on Bay Road, the Town had asked him to bring the sewer into Bay Bridge which was under a consent order at the time with DEC, because they had a failing system. So, we brought the line up Walker Lane which enables him to hook up his apartments on Walker Lane. At this point he has a seven year old system which is operating fine and it is hundred and twenty thousand dollars to do the connection. There is no reason to do it now because it is still a relatively new system. A three year extension is a compromise position; he could get another thirteen years out of the system most likely. This seemed fair to ask and he agreed that in three years he will make the connection it is just a matter of time and money there is no reason it can't be done. Supervisor Stec-Ron and I were involved in that discussion with yourself and Rich and I think that is a reasonable, like you said you expect that there is much life beyond three years left in the system. We are however trying to encourage other people throughout the town to make the connection, but certainly on the case by case basis we have the authority to grant these waivers. I think in this instance I agree with you, I think three years is a good compromise for us, but that is where we are at. Is there any discussion from the Board? (no one spoke) Anything else John? Attorney Lapper-No Supervisor Stec-I will close this hearing and I will entertain a motion. REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 184 RESOLUTION APPROVING BAYBROOK II, LLC'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136—SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 115,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Baybrook II, LLC (Applicant) applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements to connect its property located at 3-4, 7-9 Bay Brook Drive (six separate apartment buildings) to the Queensbury Consolidated Sanitary Sewer District as set forth in its February 27'1' 2012 application, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, April 2"d 2012, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicants; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Baybrook II, LLC's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants Baybrook II, LLC a three (3) year extension of time or until April 2"a 2015 in which to connect its property located at 3-4, 7-9 Bay Brook Drive, Queensbury (Tax Map No.: 296.11-1-28) to the Town of Queensbury's Queensbury Consolidated Sanitary Sewer District, provided that Baybrook II, LLC connect to the Queensbury Consolidated Sanitary Sewer District within three(3)years and no further extensions will be granted, and in the meantime, REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 185 if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the property must connect to the Queensbury Consolidated Sanitary Sewer District, BE IT FURTHER, RESOLVED, that Baybrook II, LLC shall pay all charges due as if its property was connected to the Queensbury Consolidated Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2012 by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT: None 2.0 RESOLUTIONS RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 116,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 5th through June 9th 2012 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non- motorcycle products and services in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 186 NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 5th through June 9t1i 2012 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Northeast Realty must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Zoning Administrator/Code Compliance Officer to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff s Office enforce off-road parking issues on Route 9 and throughout the community. Duly adopted this 2"d day of April, 2012, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES None ABSENT : None RESOLUTION APPROVING KEVIN MATTE TO WORK AS AN UNPAID INTERN FOR TOWN HISTORIAN DURING SUMMER 2012 REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 187 RESOLUTION NO.: 117,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY :Mr.Anthony Metivier WHEREAS, the Town Historian has requested Town Board approval for Kevin Matte, currently a SUNY Oswego Senior, to work in her office as an unpaid intern during the summer, 2012, as set forth in the Town Historian's March 23rd, 2012 email and Intern Proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Kevin Matte to work as an unpaid 2012 summer intern in the Town Historian's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Historian and/or Budget Officer to make any necessary arrangements and sign any necessary documents to effectuate the terms of this Resolution. Duly adopted this 2nd day of April, 2012 by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES None ABSENT : None Discussion held before vote: Supervisor Stec-I congratulate Marilyn VanDyke for being flexible and open to the initiatives to find somebody who could benefit from the internship and at the same time the town will benefit from the work that will be performed. RESOLUTION AUTHORIZING ADVANCE PAYMENTS TO WEST GLENS FALLS EMERGENCY SQUAD,INC. RESOLUTION NO.: 118, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, general emergency ambulance services are provided to the Town of Queensbury by the Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 188 Glens Falls Emergency Squad, Inc., in accordance with Agreements between each Rescue/Emergency Squad and the Town, and WHEREAS, the Town's Agreement with the West Glens Falls Emergency Squad, Inc. (Squad) expired on December 31, 2011, and WHEREAS, in such Agreement the Town and Squad agreed that the terms and provisions of the existing agreements may continue during the interim period pending execution of a new Agreement, and WHEREAS, by Resolution No.: 54,2012, the Town Board authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for January and February to the Squad under the current Agreement, which payments constituted advance payments on the new general emergency ambulance services 2012 Agreement, and WHEREAS, by Resolution No.: 93,2012, the Town Board again authorized payment vouchers constituting 1/12th of the 2011 Contract Amount for March to the Squad under the current Agreement, and WHEREAS, the Town and Squad have not yet agreed upon terms for a new general emergency ambulance services 2012 Agreement, and WHEREAS, the Squad may face cash flow shortages before a new Agreement may be executed and therefore the Town Board wishes to again authorize advance payments under the current Agreement, which after a new Agreement may be entered into, will constitute advance payments on the 2012 agreement to the Squad, such advances to be deducted from contract payments to be paid after the 2012 contract is ratified, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to approve payment vouchers for 1/12th of the 2012 Contract Amount(s) during April to the West Glens Falls Emergency Squad (Squad) under the current Agreement, which payments will constitute advance payments on the new general emergency ambulance services 2012 Agreement if such Agreement is entered into, with the further understanding that the Town shall also approve payment vouchers for 1/12th of the Squads' paid daytime service costs, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and Town Budget Officer to make the necessary arrangements to make such payments which are authorized under the current Agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 189 Duly adopted this 2'd day of April, 2012, by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK RACE MANAGEMENT RESOLUTION NO.: 119,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury has received a request for occupancy tax funding from Adirondack Race Management regarding the Lake George Triathlon Festival to be held on September 1St and 2"d 2012 in the Towns of Lake George and Queensbury, and WHEREAS, such event is expected to draw approximately 1,500 participants and at least 4,000 supporters to the Towns of Lake George, Queensbury and the surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Adirondack Race Management in the amount of$5,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Adirondack Race Management has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Adirondack Race Management regarding its Lake George Triathlon Festival and authorizes the Agreement between the Town and Adirondack Race Management substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 190 Agreement, with funding not to exceed the sum of $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410- 4412, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 2"d day of April, 2012, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT: None RESOLUTION REAPPOINTING ANDREW GARNER,M.D.AS 2012 TOWN HEALTH OFFICER AND AUTHORIZING HEALTH OFFICER AGREEMENT RESOLUTION NO.: 120,2012 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the term of the Town of Queensbury's Health Officer, Andrew Garner, M.D., recently expired, and WHEREAS, the Town Board wishes to reappoint Dr. Garner as Town Health Officer for 2012 and enter into an agreement with Dr. Garner to serve as the Town's Health Officer, and WHEREAS, a proposed agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board appoints Andrew Garner, M.D. as the Town's 2012 Health Officer, and BE IT FURTHER REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 191 RESOLVED, that the annual salary for Dr. Garner shall be $2,000, plus $100 per hour for any case work the Town assigns to him, to be paid for from the appropriate account as determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of April, 2012, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 121,2012 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 $ 030-0000-0909 Unapp Fund Balance 030-8130-4425 Sewage Treatment 506 032-0000-0909 Unapp Fund Balance 032-8130-4425 Sewage Treatment 158,900 033-0000-0909 Unapp Fund Balance 033-8130-4425 Sewage Treatmentl 15,630 035-0000-0909 Unapp Fund Balance 035-8130-4425 Sewage Treatment 1,675 REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 192 Duly adopted this 2'd day of April, 2012, by the following vote: AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES None ABSENT : None RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD TOWN OF QUEENSBURY 250TH ANNIVERSARY CELEBRATION RESOLUTION NO.: 122,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by prior Resolution and Agreement the Queensbury Town Board provided in the 2012 Town Budget for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to accordingly authorize provision of such funds in the amount of $6,000 to be used toward expenses relating to the Town of Queensbury's 250'' Anniversary celebration, and WHEREAS, the Town's 250th Anniversary celebration will attract a significant number of people to the Town of Queensbury and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of$6,000 for costs relating to the Town of Queensbury's 250'' Anniversary celebration, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 193 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 2"d day of April, 2012, by the following vote: AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES None ABSENT: None Discussion held before vote: Supervisor Stec-Councilman Strough has been very active in working up the budget with Marilyn VanDyke. Councilman Strough-I am looking forward to the celebration. Supervisor Stec-I thank you for all your efforts, I know you have a passion for this. RESOLUTION SETTING PUBLIC HEARING ON YEARS 2012-2014 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD,INC. RESOLUTION NO.: 123,2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town and the West Glens Falls Emergency Squad, Inc., expired on December 31, 2011, and WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new three(3)year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2012-2014 Agreement for general emergency ambulance services, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 194 RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed new emergency ambulance services Agreement between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., on Monday, April 16t1i 2012 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this 2"d day of April, 2012, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None Discussion held before vote: Supervisor Stec-I want to thank specifically Councilman Brewer and Councilman Strough for an extra meeting that they held last week with the Treasurer of the Rescue Squad, and certainly there are also communications back and forth between the Town and the Rescue Squad in the last month or so since our famous negotiating session. Certainly, I think where we have landed is much more along the lines of number one not only where the town wanted to land but as importantly it is consistent with the tax cap and with where we landed with the other five fire companies and two rescue squads. That was an important point for the town because we needed to be compliant with the tax cap and we needed to be fair and respect where we landed in the other contracts. So, I think this proposed contract does that. Their debt is known amount and will not change over the next three years at $182,460. Their insurance, we break them into three general lines, debt insurance, paid staff and operations, so their debt payments are known to us and will not be changing over the next few years, their insurance roughly is going to go up from $27,900. to $29,700. That will stay consistent for the next three years. Their paid staff will remain steady at a $185,000 which is where it has been over the last couple of years. So, part of the budget we were really were negotiating or talking about was the remainder which we call operations. Their operation budget in 2011 was $217,360. It will go down in 2012 about 1%to $214,840. from there it will go up 2% each of the next two years so in 2013 that number would be $219,137. and $223,520 in 2014. When you add them all up and get a grand total the 2012 total for West EMS would be down about $700. About a tenth of a percent and then each of the next two years after that it is up seven tenths of a percent. Basically they have come in on a grand total they have come in pretty close to flat for the next three years. Certainly a far cry from a one year contract of fourteen percent increase in operations. I think something that works for the town more importantly works for the tax payer. I think we strongly suspect it should be able to work for the Rescue Squad as well. I want to thank the entire Board cooperation amongst ourselves in this negotiating process and Tim and John punched the ball into the end zone at the end, so we thank you. Councilman Montesi-Part of the difficulty is that they were talking about the need for a new ambulance how are we going to deal with that? Councilman Strough-They have three ambulances Councilman Brewer-They are hopefully going to sell two of them to gain enough funds to maybe with extra money from the fund balance and hopefully to be able to buy another ambulance in another maybe in a year from now. Supervisor Stec-They are going to go down from three to two ambulances. Councilman Brewer-I think they recognized what we wanted, I think they stepped back and looked at their budget and found some things that they really did not need that they thought they did or some people thought they did. They came to reality and said that you know what this has got to work and they made it work. Thanks to them for that. REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 195 RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF APRIL 3RD,2012 RESOLUTION NO.: 124,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of March 29th 2012 and a payment date of April 3rd, 2012, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 29th 2012 and a payment date of April 3rd, totaling $354,602.65, 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 2nd day of April, 2012, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT: None 3.0 PRIVILEGE OF THE Floor (Limit 4 Minutes) Mr. John Sikorak-1161 West Mountain Road— Questioned why there was not resolution to hire CT Male for engineering at the cell tower proposed site? Supervisor Stec-The Planning Board that is handling that, the Planning Board and Water Department have secured an engineer. Mr. Sikorak-So, it doesn't come before this Board for discussion about it? Supervisor Stec-Not at that level of detail. Mr. Sikorak-I do not believe that it is a good project for that piece of land, the erosion is unreal. We created the Queensbury Conservatory Board to make the land so the public could use it, right behind it is the hiking trail, VanDusen hiking trail, they are going to see a cell tower that they never even talked about making anything look different about it. You are going to be in Rush Pond which we developed as another recreation area you will look up and see the cell tower again right there. There is not a whole lot you can do about the Great Escape because that is a developed area, Route REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 196 9. Now we are talking about a residential area again that is getting a commercial venture, whether it is a public utility or what it is. I cannot understand why we are getting a cell tower in our neighborhood in a piece of land that is so in danger. The water tower itself is in danger. Supervisor Stec-These items are appropriate for the site plan review discussion by the Planning Board. Councilman Montesi-The Water Dept. has secured an engineering firm. Councilman Metivier-We have no authority on this Board to stop them from doing their site plan review. Mr. Sikorak-Questioned if this will come to the Town Board? Supervisor Stec-No, not again, this was in front of us three years ago. Councilman Montesi-The only thing this Board did was when a company said is there an opportunity for us to lease part of the land you own on the mountain where the water tower is do you say yes or no. We said yes depending on engineering and all of that stuff. Supervisor Stec-The Planning Board is the review authority on this. Councilman Strough-Cell towers are a utility, very difficult to counter because they have certain extraordinary rights that just not everybody has. They have the rights to do what is basically necessary because they provide a public service. Noted he had visited the site with Mr. Ball, the proposed relocation of the water tower and there was a list of concerns that I thought were legitimate concerns, we wrote a letter of those concerns and sent it to the Planning Board, that is about as far as we can go. Councilman Montesi-I suppose if the public asked for a frank-in-pine up there similar to the one on Pilot Knob that is an option... Councilman Metivier-When I was on the Planning Board I think John was with me, instead of doing a regular cell tower we did a flag pole tower on Exit 19 that was an alternative to a regular cell tower there are options. Councilman Brewer-Because we allowed them to lease space from us doesn't necessarily approve the project. Supervisor Stec-Anyone else this evening? Mr. Salvador Mr. John Salvador-North Queensbury-Who pays for the CT Male Study? Councilman Metivier-The applicant. Mr. Salvador-He who pays the fiddler calls the tune. Councilman Metivier-Not true. Councilman Strough-You have two things going at once, the location of the cell tower and the Planning Board may have certain engineering interest investigated. We are looking for an alternate location for another water tank we have an engineer for that. Mr. Salvador-Who is coordinating and administrating these studies. Councilman Strough-The Water Dept. does its own, and then the Planning Board does its requests. Mr. Salvador-Questioned when are we going to give this building a face lift? Supervisor Stec-We just spent a quarter of a million dollars on a roof and replacement of the atrium, it is always a work in progress. Chuck Rice is working on the buildings. Mr. Salvador-For the April 16th public hearing on the emergency squad will we have information on the Fort Ann Contract. Councilman Metivier-That is North Queensbury, we are working on it. REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 197 Mr. Salvador-Spoke on the Asian Clams-questioned if we are inspecting all the boats? Councilman Montesi-It is not a mandate that you have to have your boat inspected, any inspections that were done was on a voluntary basis. Mr. Salvador-I am wondering if we have adequately defined the problem. Suggested inspections of boats if contaminated they wash the boat... Supervisor Stec-Anybody else? Mr. Ball Mr. Ronald Ball-Queensbury next to the water tower on West Mt. Road — Showed pictures on the erosion at the water tower site. Described for the board the wash out situation by the water tower, concerned about the safety of the water tank. The tank is high on a ridge and very dangerous. There are a lot of people that are worried in Leland Estates, we think what you should do for the safety of the people in this area because we are coming into the rainy season is to lower the water table in the water tower. It is better to be safe than sorry, you cannot take this lightly, it is a real serious issue and you guys are taking it very lightly. Supervisor Stec-Anybody else? Mr. Tucker Mr. Pliney Tucker-41 Division Road —We are going to have a big change in politics by the end of the year by the looks, can you take a few minutes and explain the procedure? Supervisor Stec-I am not going to get into that, it is not appropriate, we will cross that bridge if and when we come to it but we are not going to discuss it in April. Mr. George Winters-4 John Clendon Road —Has anything been done on opening the dump, asked for a resolution for tonight. Town Counsel Hafner-Noted there would have to be a resolution ... RESOLUTION AUTHORIZING FREE RESIDENTIAL YARD WASTE DISPOSAL FROM APRIL 10TH—APRIL 21sT,2012 AT RIDGE ROAD TRANSFER STATION RESOLUTION NO.: 125, 2012 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the Ridge Road Transfer Station be open for two (2)weeks, from April IO'h through April 21St, to allow Town of Queensbury and City of Glens Falls residents to bring leaves and brush for individual yard clean- up at no charge, and BE IT FURTHER, RESOLVED, that only residential yard waste, not commercial yard waste, will be accepted at no cost, and the Town will charge its normal rates for tree removal/lot clearing operations, and REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 198 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Solid Waste Facilities Operator and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of April, 2012, by the following vote: AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES None AB SENT : None 4.0 CORRESPONDENCE NONE 5.0 TOWN BOARD DISCUSSIONS WARD IV COUNCILMAN TIM BREWER • Annual Pickup by the Highway Department —will start the first week of May. WARD III COUNCILMAN JOHN STROUGH • Fire Marshal's Report-listed completed inspections of local businesses- reminded residents of Carbon monoxide detectors replacement five years, smoke detectors ten years WARD I COUNCILMAN METIVIER • Attended a meeting in North Queensbury, Cleverdale and Rockhurst formation of group to educate each other on what we can do to preserve the Lake. They will be hosting other meetings... WARD II COUNCILMAN MONTESI • I serve on the Soil and Water Board of Warren County -the towns of Lake George, Queensbury and Bolton were trying to buy a boat washing station, the way municipalities work they couldn't do it, so Soil and Water were given the money and bought it. It is a new system where the power washing is done in a pond and then recycle the water and heat it. That will be located at Norowal Marina ... WARD I COUNCILMAN METIVIER • There is a plot of land on Assembly Point Otyokwa the center of Assembly Point, nine hundred trees lost during Irene, a company is cleaning the center out, we also secured about a thousand trees through Saratoga Nursery, we will be having a group go up and plant trees..we should look at the same thing for land across the street from Leland once that gets cleaned up, the nursery will give us the trees. Spoke about the high winds we have and danger of fires... SUPERVISOR STEC • Welcome back Ron. REGULAR TOWN BOARD MEETING 04-02-2012 MTG#8 199 RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 126,2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 2"d day of April, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury