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2012-05-07 Mtg 10 TOWN BOARD MEETING MTG. # 10 MAY 7, 2012 RES. 145-155 7:00 p.m. BOH 7-8 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 145.2012 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 7th day of May, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 1.0 BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT NAPOLI RESOLUTION NO.: 007,2012 BOH INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance,and WHEREAS, Robert Napoli has applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system/absorption field: 1. 10.5' from the northern dwelling instead of the required 20' setback; 2. 12.6' from the southern dwelling instead of the required 20' setback; 3. X0.3' from the neighboring well instead of the required 100' setback;and 4. 87.8' from the on-site well instead of the required 100' setback; on property located at 352 Glen Lake Road in the Town of QueensburN NOW,THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Mondav, Mav 21St, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun% to consider Robert Napoli's sewage disposal variance application concerning property located at 352 Glen Lake Road in the Town of Queensbury (Tax Map No.: 289.9-1-69) and at that time all interested persons will be heard,and BE IT FURTHER RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a cop` of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 7 t day of May,2012,by the following vote: AYES : Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 008.2012 BOH INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back into Regular Session. Duly adopted this 7th day of May, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None TOWN BOARD 2.0 RESOLUTIONS RESOLUTION AUTHORIZING CONTRACT WITH COUNCIL FOR PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE FOR PROVISION OF THE WARREN COUNTY YOUTH COURT PROGRAM RESOLUTION NO.: 146,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Town of Queensbury wishes to contract with the Council for Prevention of Alcohol and Substance Abuse, Inc., for the provision, development and enhancement of the Warren County Youth Court Program for the year 2012, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Council for Prevention of Alcohol and Substance Abuse, Inc., for the year 2012 with funding for the Agreement not exceeding the sum of$6,000 in the form substantially presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 7th day of May,2012,by the following vote: AYES : Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: None RESOLUTION APPOINTING JEREMY JENKINS AS MEMBER OF TOWN OF QUEENSBURY HISTORIAN'S ADVISORY BOARD RESOLUTION NO. 147,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS,the Town of Queensbury previously established and appointed members to the Town of Queensbury Historian's Advisory Board in accordance with the Queensbury Town Code,and WHEREAS, the Town Historian has recommended that the Town Board appoint Town resident Jeremv Jenkins as an additional member of such Advisory Board, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby appoints Jeremy Jenkins as a member of the Town Historian's Advisory Board until such term expires on December 31 st,2012. Duly adopted this 7 t day of May,2012,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ROBERT GOODSON AS TEMPORARY, PART-TIME CLEANER IN DEPARTMENT OF BUILDING AND GROUNDS RESOLUTION NO. : 148,2012 INTRODUCED BY Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr.Anthony Metivier WHEREAS, the Town Facilities Manager has advised the Town Board that there is a vacant temporary, part-time Cleaner position in the Building and Grounds Department due to the sudden, unexpected illness of one of his employees,and WHEREAS,the absence is expected to be more than 30 days,and WHEREAS, consistent with the Collective Bargaining Agreement between the Town and the Civil Service Employees Association,the Facilities Manager posted the temporary position within the Department, and EREAS, Robert Goodson, a former emplo`ee of the Town who was terminated as of April 14tH WH 2011,has preferential hiring rights and has applied for the temporary position,and WHEREAS,the Facilities Manager requires Town Board authorization to hire Robert Goodson,and WHEREAS,funds for such position have been budgeted for in the 2012 Town Budget, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the hiring of Robert Goodson to work as a temporary,part-time Cleaner to work an approximate 35 hour work week starting on or about Mav 21' 2012 and continuing until such time as the employee currently out on sick leave returns to Town employment,and BE IT FURTHER RESOLVED, that consistent with the Collective Bargaining Agreement, on or about May 21St 2012 will be the hire date for purposes of Title Seniority,and BE IT FURTHER RESOLVED,that this appointment is contingent upon: 1) a six(6) month probationary period; 2) a pre-employment physical as required by Town Policy, 3) background checks as reasonably necessary to judge fitness for the duties for which hired, and 4) drug and/or alcohol screening,and BE IT FURTHER RESOLVED, that such Temporary, Part-Time Cleaner shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 365,2011,to be paid from the appropriate pa`TOII account,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Facilities Manager,Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of May,2012,by the following vote: AYES Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF BARTLETT, PONTIFF, STEWART & RHODES, P.C. AND PREFERRED ADVOCATES, LTD. FOR CONTRACT NEGOTIATIONS BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY CHAPTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 149,2012 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town Board wishes to engage Bartlett, Pontiff Stewart & Rhodes, P.C. (BPSR) and Preferred Advocates, Ltd. to serve as the Town's legal representative during the negotiation process between the Town and the Town Chapter of the Civil Service Employees Association, Inc. (CSEA)for a new Collective Bargaining Agreement in accordance with BPSR and Preferred Advocates, Ltd.'s April 3rd, 2012 letter-form proposal, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the services of Bartlett, Pontiff Stewart &Rhodes, P.C. and Preferred Advocates, Ltd. for the provision of legal services to the Town limited to the negotiations between the Town and the Town of Queensbury Chapter of the Civil Service Employees Association, Inc. for a new Collective Bargaining Agreement consistent with the letter-form proposal dated April 3rd,2012,and BE IT FURTHER RESOLVED, that the cost of such services shall be a flat fee of$2, 00.00 per month, or any part thereof commencing as of June 1St, 2012 and continuing each month thereafter until December 31St, 2012 for all negotiating services until a successor Collective Bargaining Agreement is achieved,and BE IT FURTHER RESOLVED,that should such Agreement not be achieved by December 31St, 2012,the Town Board authorizes and directs the Town Supervisor to renew such negotiating services at the flat fee of$2, 00 on a monthly basis,and BE IT FURTHER RESOLVED, that payment for such services shall be from the appropriate account as may be determined by the Town Budget Officer and the Town Board hereby authorizes and directs the Town Budget Officer to amend the 2012 Town Budget, and the 2013 if it becomes necessary, accordingly to allow each fund to pay its share of the legal expense, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement or documentation related to the engagement of such services and the Town Supervisor and/or Town Budget Officer to take any further action needed to effectuate the terms of this Resolution. Duly adopted this 7 t day of May,2012,by the following vote: AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF HAYLOR, FREYER & COON, INC. TO PROVIDE CONSULTING SERVICES REGARDING EMPLOYEE BENEFITS PROGRAMS AND PREPARE REQUEST FOR PROPOSAL FOR HEALTH INSURANCE BROKER SERVICES RESOLUTION NO.: 150,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbun- Town Board wishes to authorize engagement of Havlor, Freyer & Coon, Inc. (HFC) to: 1) evaluate the Town of Queensbun-'s services provided to the Town by its current health insurance broker; 2)prepare an assessment of the Town's need for a comprehensive scope of services that should be provided to the Town by the Town's broker; 3)prepare a Request for Proposals (RFP)to send to insurance agents/brokers interested in providing services to the Town; and 4) evaluate responses and recommend a health insurance broker,and WHEREAS,HFC has offered to provide such services for a fee not to exceed$18,000 as set forth in HFC's Consulting Agreement presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby approves and authorizes engagement of Havlor, Freyer & Coon, Inc. for the services set forth in the preambles of this Resolution for a fee not to exceed$18,000,as more full` set forth in its Consulting Agreement substantially in the form presented at this meeting,and BE IT FURTHER RESOLVED, that the costs of such services shall be paid for from Consultants Account No.: 001- 1910-4720,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the 2012 Town Budget by transferring $18,000 from Health Insurance Account No.: 001-9060-8060 to Consultants Account No.: 001-1910-4720,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Consulting Agreement substantially in the form presented at this meeting and any other needed documentation, and the Town Supervisor and/or Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 7 t day of May,2012,by the following vote: AYES Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec NOES None ABSENT: None RESOLUTION AUTHORIZING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.'S SALE OF RETIRED ENGINE 311 RESOLUTION NO.: 151,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company)have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not sell, give, or otherwise dispose of any vehicle, equipment, machine, or other apparatus acquired by or through the use of funds received from the Town without prior notification of the Town Board, and WHEREAS, the Fire Company purchased a new Tower truck approximately two (2) years ago and at such time, discussed with the Town Board the Fire Company's intention to thereafter remove Engine 311, a 1995 Ford LN 8000 Chassis with a 1981 — 1,000 GPM pump and 750 gallon water storage tank, from the Fire Company's front-line response thereby reducing maintenance and repairs as well as reduce its fleet,and WHEREAS, the Fire Company has advised the Town Board that it wishes to now sell Engine 311 and has requested that any sales proceeds (estimated to be approximately$20,000 -$2 ,0000)be deposited in the Fire Company's fundraising account,and WHEREAS,the Town Board wishes to authorize the sale of Engine 311, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the sale of West Glens Falls Volunteer Fire Company, Inc.'s retired Engine 311 truck at fair market value, contingent upon such proceeds being used towards reducing Fire Company debt currently outstanding with Glens Falls National Bank and Trust Co.,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take anv action necessary to effectuate all terms of this Resolution. Duly adopted this 7 t day of May,2012 by the following vote: AYES : Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier NOES : None ABSENT: None Discussion held before vote: Councilman Brewer-We should take a separate measure in finding out that they are selling these vehicles at the appropriate price. I would like in the future any vehicles that we want to sell, lets make sure we are getting the right price for it. RESOLUTION TO AMEND 2012 BUDGET RESOLUTION NO.: 152,2012 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Montesi WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2012 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-3120-1010 Wages 001-3120-4400 Misc. Contractual 100 009-8160-4447 Burnable Trash 009-1650-4100 Telephone 1,500 050-0000-0909 Occ Tax Fund Bal 050-6410-4412 Use of Occ Tax 17,500 004-5142-1020 Overtime 004-5130-2050 Radio Equipment 11,400 Duly adopted this 7th day of May, 2012, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: None RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR RIDGE/JENKINSVILLE PARK IMPROVEMENTS RESOLUTION NO. 153,2012 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr Tim Brewer WHEREAS, by Resolution No.: 85,2012,the Queensbury Town Board authorized and directed the Town's Purchasing Agent to publish an advertisement for bids in the official newspaper for improvements at the Town's Ridge/Jenkinsville Park, such improvements generally described as follows: 1. Construction of a one floor (slab on grade) metal building to serve as a maintenance and storage area for the Parks and Recreation Department; 2. Additional site work as deemed necessary or cost effective by the Recreation Commission and Town Board to include, but not limited to: connecting to existing septic system, fencing, grading, paving, security, etc.; and 3. Professional services for the above; as more clearly specified in bid specifications prepared by the Town's Director of Parks and Recreation, engineer and/or Town Purchasing Agent,and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications,and WHEREAS, the Town's Purchasing Agent published such an advertisement for bids and on April 25th, 2012,the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent, Recreation Commission and Parks and Recreation Director have recommended that the Town Board authorize the bid award to the lowest responsible bidder, AJ Catalfamo Construction, Inc., for a total bid amount not to exceed $254,255, and WHEREAS, the Parks and Recreation Director has advised the Town Board that there may be times when Change Orders may become necessary for such bid award and Contract and therefore has requested that the Town Board authorize him to approve and sign certain Change Orders not to exceed the amount of$5,000 per Change Order, and the aggregate of all Change Orders also not to exceed the total amount of $5,000, that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund 464 (Fund 464)for future Town project developments,and WHEREAS, by Resolution No.: 416,2003 the Town Board authorized establishment of Capital Project Fund#138 to fund expenses associated improvements at the Ridge/Jenkinsville Park,and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund 464 for the Park improvements,and WHEREAS, in accordance with New York State General Municipal Law §6(c),the Town Board is authorized to withdraw and expend funds from Fund 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the Ridge/Jenkinsville Park improvements set forth in the preambles of this Resolution is an expenditure for a specific capital project for which the reserve account was established, and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs such Ridge/Jenkinsville Park improvements described in the preambles of this Resolution, and BE IT FURTHER- RESOLVED, that the Town Board hereby accepts and awards the bid for the Ridge/Jenkinsville Park Improvements from the lowest responsible bidder, AJ Catalfamo Construction, Inc., for a total bid amount not to exceed$254,255, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and AJ Catalfamo Construction, Inc., and/or any other needed documents related to the bid award, in form acceptable to the Town Supervisor, Parks and Recreation Director, Town Budget Officer and/or Town Counsel, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes the Town Parks and Recreation Director to approve and sign Change Orders pertaining to such Agreement not to exceed the amount of$5,000 per Change Order, and the aggregate of all Change Orders also not to exceed the total amount of $5,000, that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs additional improvements at the Park related to miscellaneous building furnishings and security costs up to $14,000, $12,500 for engineering and design services, and an additional $6,000 for the Project Contingency as set forth in the Park Commission's Mav 2 d, 2012 Memorandum with attachment entitled "Jenkinsville Maintenance Building Estimated Project Budget— Capital Project#138,"and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs a transfer from Capital Improvement Plan Reserve Fund 464 in the total amount of$286,755 to fund such improvement Project, such funds to be placed into the Ridge/Jenkinsville Park Capital Project Fund 4138 and the Town Board further directs that in the event there are funds remaining in such Capital Project Fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the Capital Project Fund shall be returned to the Capital Reserve Fund, and BE IT FURTHER- RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish additional appropriations and estimated revenues as necessary for Capital Project Fund#138 in the additional amount of$286,755, and BE IT FURTHER- RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer and/or Accountant to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: • Revenue Account No.: 138-0000-55031 (Interfund Revenue) - $286,755 • Expense Account No.: 138-7110-4403 (Engineer/Surveyor) - $ 12,500 • Expense Account No.: 138-7110-2899 (Capital Construction) - $274,255 and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs the Town Budget Officer and/or Accountant to amend the 2012 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution, and BE IT FURTHER RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 7 t day of May, 2012,by the following vote: AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS — WARRANTS OF APRIL 24TH AND MAY 8TH, 2012 RESOLUTION NO.: 154,2012 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Daniel Stec WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of April 24th and May 3rd,2012 and payment dates of April 24th and May 8th 2012, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of April 24th and May 3rd, 2012 and payment dates of April 24th and May 8th, 2012 totaling $265,796.57 and $306,981.23, 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 7 t day of May,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. Ronald Ball-Queensbury Resident —Noted this was his fourth time before the Board regarding the water tower property on 1127 West Mountain Road and the proposed cell tower to be placed on the property. Spoke on former proposed cell tower site on Aviation Road near Prospect Developmental School, petition submitted from residents, sited ice on the towers and vicinity of Prospect School,Verizon pulled the project. Two years ago the Town Board came to an agreement with erizon a lease for the site at 1127 West Mountain Road to install a cell tower. Since then a lot of things have changed on the property siting the storm Irene taking down a lot of trees. Two issues on the property; Character of the.property where the water tower sets, asked that the Army Corp of Engineers do an inspection of the site mainly on the property north of the water tower. Noted a person has a permit to put in a driveway he will excavate a lot of fill out of the site, and we believe the water tower is not goingg to be stable. I want the Army Corp of engineers to do a complete study not only the water tower itself but what impact the property next to it north of it will have if that guy puts in the driveway. Requested a stop work order, and a complete inspection by the Army Corp of Engineers. Councilman Brewer-Why the Corp of Engineers? Mr. Ball-They will do a thorough study on this. Councilman Montesi-C.T. Male did a study and they are certified engineering firm. Mr. Ball-They are certified, but they did a study on a second additional water tower not a replacement. They went into specifics on what it would look like, longer, wider and shorter, a low profile water tank. The only reason why they wanted a low profile water tank and that is so Verizon can get their cell tower to have the radio waves go over the top of it. Councilman Montesi-I understand your passion about that and it seems like you are anti- cell towers, you own a piece ofpproperty on West Mountain that has a cell tower on it how did you justify that? Mr. Ball-That is right, before I realized all the radiation that comes from cell towers, I was going to get to that, before I knew that there is a lot radiation that comes from these cell towers I have a grandchild that lives down the street and that grand child is already has an immune deficiency. I did not want that cell tower after I realized what these cell towers produce and it is the radiation and they are exempt because of the telecom communication act. Their permit cannot be denied for property value, for environmental issues and for health risk. It produces autism, cancer, leukemia I can go on and on that is why I do not want it. If I had known that before I would have never said that, my kids are at risk and there are other families that have small children, I want somebody to have a work stop order on that property until it is inspected by the Army Corp of Engineers. Supervisor Stec-All your complaints that you have right now are appropriately directed to the Planning Board. Councilman Brewer-The Planning Board has the authority to have someone do a study. Councilman Strough-On Aviation Road the cell tower was being pro osed for Queensbury Central Number two station, and that was in a middle o a neighborhood with people living within feet of the cell tower. We.brought a the safety issue of the potential of falling ice and snow in windy situations with kids playing there, Prospect School was in the picture. It was very out of character with the neighborhood, there was serious esthetic issues because of where it was located, and no one denied their placement there they just withdrew and looked at alternative sites. Mr. Ball-Our Planning Departments are not doing their jobs. Mr. Kyle Collins-21 Lehland Drive-Queensbury-I am married with three children, one new born with down syndrome and heart defects this issue is concerning to me. Two issues-the safety and stability of the existing water tower and proposed new water tower to be constructed. The house up there has permission to cut another road dangerously close to the existing water tower this needs to be tested by the Army Corp. of Engineers before further action. I have a petition of forty plus names with me, I only have one copy so if you would like to look at it. Supervisor Stec-You can drop a copy to the Clerk any time you would like to. Mr. Collins-Secondly the proposed cell tower within a half mile radius of a cell tower radiation is a hundred times greater than after that measurement. Cancer, de ression, miscarriage, and autism to name a few are some of the side effects, ef�ecting small children and women more so. I think I am speaking for the majority that we do not want this. You will be taking.down hundreds of trees which is an extreme eye sore for those of us that live in a nice neighborhood. The last thing I want to see when pulling out of Lehland Estates is to see an empty mountain. I believe Verizon knows the dangers of radiation. Mr. John Salvador-The brochure on the anniversary festivities, - there is mention of the Owls nest that is incorrect it is The Owls Nest, also the it says that the property is listed on the US National Register of Historic Places, that is incorrect, it is on the National Registrar of Historic Landmarks and that is very important. Councilman Strough-You have to admit it is on that list of Historic mentions in the Town of Queensbury. Mr. John Salvador-When the project is completed up there is the sign going to be mounted where the public can see it like on Route 9L? Councilman Strough-I hope so. Mr. Salvador-Regarding water tower I hear speak of this tentative lease that you have entered into with Verizon I think that is totally improper because in that regard ou have lent your credit to a private undertaking that is a violation of the State Constitution. Supervisor Stec-Our Attorney would disagree with you. Mr. Salvador-There is talk about construction of a low profile tank, this defies logic. Supervisor Stec-This is built on the side of a hill it has plenty of head. There is no guarantee that a second tank is ever going to be built there it might be ten years off, it may never happen. Mr. Salvador-Are we making any progress on the face lifting on our facilities here? Supervisor Stec-Yes we are, you will see activity in the next two months. Mr. Salvador Stec-On the anniversary, why no mention of Crandall Library? Councilman Strough-As you can see how small that little brochure is we squeezed as much on there as we could make readable. Mr. Salvador-You have the Great Escape on here a theme park but you do not have Crandall Library. Councilman Strough-In 1953 the countries first theme park started in Queensbury is pretty notable. Ms. Ruth Simkowitz - 66 Sara Jen in Lehland Estates — I am here to voice my displeasure, I saw the signs right outside the block that we live on saying no cell towers back in March that was the first indication that I had that there was even going to be a cell tower in the area. We moved into the area in December. Supervisor Stec-The lease was signed a couple of years ago and it has been in front of the Planning Board for almost a year, it is understandable that you would not necessarily know. Ms. Simkowitz-If you had found a Karner Blue Butterfly on that property we would not even be here. All we are asking is that we have the same privileges and the same right as a butterfly. Our children are as important and certainly it is not something you want to come out and look at. We are hoping that you will represent us instead of Verizon. Supervisor Stec-Certainly we do and but again our Planning Board is very cautious about visual impacts and all the kinds of issues that you are expressing and the decision is now theirs. They are going tq listen to what people have to say and they are either going to find a way to mitigate it or not, but the Planning Board is the Board that would hear this. Ms. Simkowitz-It is a little disconcerting to me when I speak the gentlemen that is the head of the water department and he tells me it is going to go somewhere. It is going somewhere but it should never go in an area where there are children any residential area. Ms. Jen Brooks-1049 West Mt. Road- I am here in favor of making the no work stop on there. Supervisor Stec-That is not something the Town Board can do this evening that is not how it works, but I understand you have a concern. Ms. Jen Brooks- I also have a child he has a chronic tick disorder, unlike autism it is growing it is becoming very big and we do not know why. There are a lot of different reasons, it could be a cell range reason and for that reason I am saying no. 4.0 CORRESPONDENCE C.T. Male Associates April 30, 2012 Mr. Bruce Ostrander Water Superintendent Town of Queensbury Water Department 823 Corinth Road Queensbury, New York 12804 Re: Stability Review West Mountain Road Water Tank C.T. Male Associates Project No. 12.2158 Dear Mr. Ostrander: Per your request, we have reviewed the stability of the ground surrounding the West Mountain Road Water Tank site. The review has included visual inspection of the ground surface for signs of slope movement and research into the subsurface conditions upon which the tank is founded. From our research and observations of soils exposed at and near the tank site we have determined that the hillside upon which the tank is located represents a kame deposit of sand and gravel. These soils are inherently stable and have proven to have supported the tank well under its full storage load over the many years it has been in service. Below the tank, in an easterly direction, there are no signs of slope instability and as such, the ground upon which the tank founded is considered stable. Immediately west of the tank, the hillside was cut into and is locally sloughing due to its steepness and lack of vegetative cover. Although this local sloughing may continue to occur, the sloughing will not impose a threat to the stability of the ground upon which the tank is founded nor is it expected to encroach upon the tank itself To inhibit its sloughing, however, the cut slope may be laid back to a flatter inclination; geotextile placed over its surface and crushed stone/cobbles placed over the geotextile. Above this cut slope, any. trees which are tall enough to hit the tank should they be uprooted and fall in the direction of the tank should be cut down. Should you have any questions regarding the engineering assessment presented in this letter, please do not hesitate to call me. Sincerely, /s/ Richard C. Wakeman P.E. Vice President — Civif Engineering Supervisor Stec-The Water Dept. Superintendent did exactly what he said he would do, at what he was requested to do which was to hire a professional engineering firm C.T. Male is not only a very large engineering firm but they are certainly more than qualified to evaluate the question at hand and the Vice President of Civil Engineering has said that the site is safe and stable. They made a recommendation on the cut bank which Mr. Ball pointed out to us initially suggesting that we do something to stabilize that slope. Although I will point out that his letter said that they do not think that it's a safety issue but it would be a good idea to stabilize that slope. In fact the water department hired a contractor to do exactly that. My main concern over the last few months here the question was raised I think unfairly and unqualified so as to whether or not the existing water tower has any issues. Although the Town Board did not believe it did and our Water Superintendent and the licensed professional engineer that the Town employs at the Water Department did not think there were any issues with the stability of the existing water tank the Town Water Department did go, spend money, hire a very large, very qualified, very well respected engineering firm to come and evaluate, again the existing site. Tliis has nothing to do with the future tank and may or may not occur. It has nothing to do with the cell tower those are separate issues that the Planning Board and the Planning Staff are handling with their own professional engineers as well. But the existing water tower, because I think when someone runs around the neighborhood and tells people that there is going to be a water tower that is going to fall and flood their neighborhood out the ought to know what they are talking about. Certainly none of us in this room that have spoken tonight are a licensed professional engineer. The Town does employ a licensed professional engineer and he has his own strong opinions but we went out and of an outside opinion from again a very large, very qualified firm in C.T. Male and the Vice President of Civil engineering said that the existing water tank does not have issues. That should lay that issues to rest. The other issues that have been raised are appropriatelyraised in front the Planning Board and our Planning Board is very qualified of doing this analysis. I thank Bruce Ostrander for getting us the letter. 5.0 TOWN BOARD DISCUSSIONS WARD I — COUNCILMAN ANTHONY METIVIER • Re: Article in the Adirondack Explorer — Decline of Lake George very interesting read. A reminder the Town of Queensbury has a fertilizer ban residents of Lake George, Sunnyside and Glen Lake- signs will be placed in those areas. You cannot use fertilizer within fifty feet of the lakes and within two hundred feet you cannot use phosphorus in your fertilizer. You will get fined if you get caught applying fertilizers that do not meet the guidelines. WARD II — COUNCILMAN RONALD MONTESI • No comments at this time WARD III — COUNCILMAN JOHN STROUGH • Memorial Day Parade May 28th 2012 10:00 am Starting at the City of Glens Falls — Glen Street to Crandall Park • Memorial Day Poster contest — Glens Falls and Queensbury School Josh Milton-Carlene Tarintino-John Strough judges for poster contest selected the best three from each school Theme-Memorial Day is to engrave their sacrifice not just in stone but also in our hearts Will Goody-Queensbury- third place Molly Davis-Glens Falls-third place Maranda MacKnight-Queensbury-second place Tyler Raymond-Queensbury-first place Jackie Hogan-Glens Falls- first place Mayr Sawyer-Glens Falls-second place • May 20tH Ceremony — 250tH Anniversary of our Community — May 20tH 1' 62 the Patent was signed creating Queensbury - Town of Kinggsbury 25011 Anniversary nine.days older than the Town of Queensbury Tlieir Patent May 11 1762 Kingsbury named after George the III King of England Queensbury named after harlotte wife of George the III First Celebration May 20t 1 at 2:00 P.M. in the Quaker Cemetery Second Celebration on August 25tH at the Queensbury Town Office Building • Spoke on the Queensbury Post — Queensbury Senior Citizens — 55 years of age to join $15.00 per year for the Post...many activities to choose from Judy West — Queensbury Senior Citizen Member of the year Dominic Rinaldi— Warren County Senior of the Year Gus Nusskern —Warren County Contributing Senior of the Year WARD IV— COUNCILMAN TIM BREWER • Remind Queensbury Citizens-Yard Pickup now in Ward IV • Ron you are not crying on deaf ears we are listing to you, we hear you, you should be at the Planning Board. The Planning Board has the authority to deny, I do not know where you get the idea they cannot deny something, they can deny things.they have denied things, they will continue to deny things. I am not saying they deny everything that comes before them but your energy should be at the Planning Board with the evidence that you have. I am certain that nobody on this Board cares as much as anybody for this town than we do, we do not want anything to happen to anybody or any of our residents certainly for the three thousand bucks we are going to get from it. The money is not the important thing. The safety of our citizens and our residents are most important to us and I dust want you to know that. Councilman Strough-I just wanted to thank briefly in terms of the poster contest for the Memorial Day Parade Karen Mars and Robin Brewer every year they help me out they helped organize the Glens Falls Students and Betsy Krebs for the Queensbury Students. SUPERVISOR DANIEL STEC • I want to remind the residents of the Town our web site www.gueensbury.net - A lot of Town information is available on this site • Thanked Look TV and our sponsors for televising our meetings • May 20tH Event Corner of Quaker and Bay 2:00 pm— John Strough — the Historian Advisory Board and Marilyn VanDyke PHD Historian for the effort that has gone into these events 250 years is a significant milestone • I had the privilege a couple weekends ago to go to the Warren County Municipal Center for a five am send offfor nine WWII Veterans that were taking an honor flight to Washington DC to see the WWII Memorial — they I ad a Patriots Riders Honor Guard to the airport as well as a State Troopers Escort as well. • Spoke on items available to all Veterans contact your local County Veterans Office for further information - noted there was a Veterans Fair consisting of employment agencies, and different resources for our veterans - For our Veterans visit our Town or City Assessor with your DD2 14 and ask about Veterans Exemption for Property Taxes - also contact the Warren County Clerk for veterans discount cards accepted in many of our local businesses... • Reminder for the upcoming Memorial Day Parade May 28th 2:00 P.M. COUNCILMAN RONALD MONTESI-Noted his son lives a quarter of a mile from the proposed cell tower he will have a visual impact and perhaps maybe rays that are attributed to that, John Strough lives a half a mile from that tower it is not that we are immune or standing back, I am going to the Planning Board to. RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 155.2012 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board Meeting. Duly adopted this 7th day of May, 2012 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury