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2013-06-17- Mtg 26 TOWN BOARD MEETING MTG. #26 JUNE 17, 2013 RES. 263-283 7:00 p.m. BOH 13-14 TOWN BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BREWER RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 263.2013 INTRODUCED BY: Mr. Tim Brewer 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 17th day of June, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH 1.0 PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN CELESTE AND THOMAS VALENTINE NOTICE SHOWN PUBLICATION DATE: JUNE 17T", 2013 Supervisor Montesi-Is there someone representing? Mr. Bob Manz-Professional Engineer representing Tom Valentine and Jack Celeste Councilman Strough-Will you give us a little overview of the project? Engineer Manz-What you have on this property is basically a couple of camps in the back and the camps are connected to a sewer system, septic system that was functioning acceptably back when an application for doing some work on one of the camps was granted. The original design contemplated putting in a leach field system of which a boring was done and a test was run for the leach time per the New York State Department of Health requirements. Unfortunately what was not understood was that where the leach lines would need to go in this new design there as a layer of rock that actually started down about four and a half feet and came up elevation wise. So, to install the leach field for these couple of camps that are strictly seasonally is really at this point in time impractical. So, what appears to be the best solution for what is camps used on the weekends for three months of a year is to install multiple holding tanks and just have the holding tanks pumped out on a really probably a monthly basis. As I said these camps are really used relatively rarely. Anyone that has been up there you could see that they are not, they certainly are only seasonal, they really are kind of a back stop to a couple of the boat docks that are utilized by renters on a seasonal basis. Supervisor Montesi-The front house is not on the septic? Engineer Manz-That is correct. The front house has its own septic system, this is strictly, there are really two camps back there and there is a shed. As I said when we originally inspected the system, the system was functioning fine. The issues with the previous system was that they were not the leach field lines when they were installed quite a while ago by an X GE engineer it now made sense to us because we camera the lines and the line went kind of a bunch of different directions. One of them went underneath what is a driveway access, one of them went very near one of the camps and due to the proximity and location of those leach lines they did not meet the standards that are required today. Supervisor Montesi-The septic system I could not, it does not show on any of your plans where the septic system is for building one, the big house. Engineer Manz-That system is in front of the big house that system Supervisor Montesi-Lake side? Engineer Manz-No, I am sorry, if you were, the front of the house is actually faces the road it does not face the lake. Supervisor Montesi-So, it is that open space that is going to be ...there is going to be parking there? Engineer Manz-No, there is a couple of spots that are parking currently and then off to the side is the existing system. That system has not, that system does not pertain to the any of the work that was done any of the applications that were made it is a total, for all intense purposes it is a separate system, separate building lot. The application and the work that was done was done on one of the camps in the back. Supervisor Montesi-Yea, it was too close to the line so you had to get a variance for that. Engineer Manz-Correct. Supervisor Montesi-So, you are telling me that for two houses you need four thousand gallons of holding tank? Engineer Manz-The reason why this was done very conservatively ok, is there is, there was bathroom in the shed so even though it is a shed, even though it is basically was a toilet that was installed as a you know so that they did not have to walk back up to the main building back then. So, you have to consider that a bedroom. It is really a shed it is not even a camp, it is little tiny building that you see. It is I don't know, fifteen foot wide by maybe fifteen foot deep. Councilman Strough-The one labeled cottage? Engineer Manz-Yes. So, the only thing that is in there is a toilet and it has, so you have to include it. So, that was included as one bedroom. The other cottage is a one bedroom, the one closest to the road is a one bedroom. So, now you have two bedrooms. The camp that the variance and the work was done was a two bedroom, still a two bedroom. So, you have four bedrooms, essentially in the calculations. So, the calculations would tell you that you need a four thousand gallon holding, you need four thousand gallons worth of capacity. The request is for twenty five hundred gallons worth of capacity. Councilman Brewer-Why are you asking for twenty five instead of four? Engineer Manz-Well, to install, two reasons number one is the designs in appendix seventy five A are basic designs for houses, for locations where people live permanently as opposed to a seasonal camp. These camps are opened up in May and shut back down again in September. So, you are talking about basically three months' worth of use. Three and a half months worth of use. The second reason is as you get bigger in tank installation the tank is deeper. What was found is, we found rock at four and a half feet so to install additional capacity when really you are talking about having to pump out something every month rather than every two months is an awful expensive proposition, because you are going to have to go in there and hoe ram out a space. Councilman Brewer-You are saying you are only going to have to pump this once this summer? Engineer Manz-No, once a month. Councilman Brewer-All right three times this summer. Engineer Manz-Yes. Supervisor Montesi-Bob, the problem is that you know it is nice for you say, well you know they only use it on the weekend and maybe not every weekend but, we do not know that we do not have any way to enforce that. So, you know when you say seasonal I assume that it is seasonal and it is going to be occupied for those months during the summer. Whether it is a weekly or biweekly or whether this guy rents these out? I cannot control that what I can control is four bedrooms requires four thousand gallons. I mean you guys are using an existing thousand gallon septic tank, putting another holding tank in here, I mean you know it looks like you are going on a cheap here and I am not sure I want to see the Town get hurt environmentally on this. Engineer Manz-Well, Ron, I would agree with you if there was any implication different than having to pump out the tank more often rather than less often. The system that, certainly this isn't on the cheap, the system meets all the requirements for automatic shut off of the water, low level alarm, high level alarm and all the electronics that are associated with that. That is the expensive part of the system if you will. So, the difference there is absolutely no environmental impact between a twenty five hundred gallon and a four thousand gallon holding capacity. The difference that you are talking about is the costs of pumping it out more frequently verses less frequently. From a design standard there is absolutely no other change than the requirement to pump it out more often. Councilman Strough-Mr. Manz, in the western most cottage building number four on the plans, how many bedrooms? Engineer Manz-The western most? Councilman Brewer-Close to Pilot Knob Road. Engineer Manz-One, one bedroom Councilman Strough-So, one. The middle cottage which is labeled building three and on this one labeled cottage, is one bedroom. Supervisor Montesi-That is the bathroom, the outhouse. Engineer Manz-Yea, that is the outhouse, yes, but it would be considered one bedroom, correct. That is the way we would consider it. Councilman Strough-So, you are not talking four bedrooms you are talking two bedrooms. Engineer Manz-No. There is actually the three cottages are connected to that one system if you will. You want me to Councilman Strough-The three cottages Engineer Manz-Correct. Supervisor Montesi-You mean the bathroom the fifteen foot bathroom? Councilman Strough-The house up here is separate. Engineer Manz-It is totally separate, that is correct. Councilman Strough-Three cottages, four bedrooms. Engineer Manz-Yes. Councilman Strough-Now, I am also looking at the plans and I see a thousand gallon septic tank Engineer Manz-Correct. Councilman Strough-A five hundred gallon septic tank and a one thousand Engineer Manz-The five hundred gallon is really a holding tank if you will. Councilman Strough-You have three tanks. Engineer Manz-You will end up having there is two tanks there right now, there will be third tank to be installed to make up the total of twenty five hundred. Councilman Strough-I like holding tanks because I know where it is and I know where it is not going. In this situation with the ledge and everything else I do not have a problem with a holding tank. But, I do have a problem with two thousand five hundred gallons in three different tanks in three different systems. I would rather see I would be, I would feel a lot better with one four thousand gallon tank and one warning system. Supervisor Montesi-What is the cement pad to, what is that? That is off the deck. There is a concrete pad. Engineer Manz-There is a concrete pad that is just a, that was built as a basically a little fire pit. That has been there for quite a long time and in the center of it is just an opening with rocks in it as a fire pit. Mr. Strough there would be a you would want to have a septic tank to begin with and then your holding tank. So, the septic tank that is there has been the tank that has been there for a long period of time. Councilman Strough-What I would rather have is a tank that was designed as a holding tank because there wouldn't be any leakage or less likely to be leakage. Engineer Manz-That is the five hundred gallon tank that is in there is a new sealed holding tank, meeting New York State Department of Health Standards. Supervisor Montesi-How did it get there? Engineer Manz-It was installed in, it was installed in the original design for the new septic system to be put in. So, what they had done is the five hundred gallon holding tank was installed, the line that would come out of that was installed and when they went to put in the leach field that is when they encountered the ledge rock. Supervisor Montesi-So, why would you have a holding tank outside of the septic tank? Engineer Manz-Because of the new design standard requirements the requirement was to have a minimum fifteen hundred gallons septic tank size for a design of four bedrooms. So, you had to add another five hundred gallons. That is standard accepted New York State Department of Health design. The problem is, so you would have fifteen hundred gallons as your, as your liquid holding capacity and then you go to the leach field. Councilman Strough-If the alarm system is the most expensive thing and I think we could get this passed tonight if we put in one holding tank with one alarm system four thousand gallons. Engineer Manz-Ok. Councilman Strough-Would you do it? Engineer Manz-Well, I guess the owners do not have any choice. I think from a standpoint of the expense of doing that because that tank is much deeper and much larger. Councilman Strough-You can buy the bigger tanks that have lower profiles. Engineer Manz-You can do that it is still, we have looked at all the designs it is still going to require a significantly larger amount of ledge rock removal. If that is what is required then that is what the owner is going to have to do. Again the trade off here is the amount of hoe ramming of ledge rock removal the time that it is going to take to get that accomplished and the cost that it is going to be to get that accomplished versus pumping out the system more often. Councilman Strough-Well, every time you have a truck comes up it is going to be at least two hundred dollars. Whether you are talking twenty five or four it is not going to be that much more. So, here you are going to be pumping out at least once a month whereas the four thousand tank it is maybe once every two months so you would actually save money in the long run with a larger tank. Engineer Manz-Other than the fact that you are probably looking at eight to ten thousand dollars worth of rock removal. So, again you guys are the ones that make the decision I am just the engineer giving you the facts. Councilman Brewer-There is nowhere on this property that you could put a tank that size without having to take eight or ten thousand dollars worth of ledge out of there? Engineer Manz-Based on the areas that they test dug once they were there you have about four and a half feet and less coming up, so the answer would be no. The other option is to pump up elevation wise. So, those are really the two options that you have. Councilman Brewer-You are not closer to building one? Councilman Strough-This location is all gravity feed? Engineer Manz-This location is all gravity feed, yes. Councilman Clements-You are talking about pumping up and settle down through. Engineer Manz-You would have Councilman Clements-build up a mound? Engineer Manz-You would have to build up a mound and you would have to pump up into that if you set the holding tank where it was a foot or two higher so that it actually could sit on the rock you would have to put a pump in with that to pump up to the holding tank. Councilman Metivier-If they are going to have to remove that much rock ledge you are talking a summer's worth of work and all the neighbors around there are going to have to endure that noise for the summer if you start this project now. I am almost comfortable with the twenty five hundred. It is going to cost you a lot more money in the long run because of the pumping but I do not agree with the fact it is going to be once a month or once every two months because you are only talking fifteen hundred gallons so, it probably would be looking at every forty five days verses every thirty for a pump out. Engineer Manz-That is really the cost differential here is the really what you are looking at and Mr. Strough's accurate, you are talking a couple of hundred dollars so if it costs you, we said if it costs you at four hundred dollars more per year how many years is it going to be before you spend the additional eight thousand dollars in rock removal. It is a pretty long payback period. Councilman Metivier-I get his point that they are doing the best they can with what they have to work with without it being too much on the landowner, but I worry about the neighbors as well. Supervisor Montesi- Brian? Councilman Clements-I kind of agree with John although and what I would like to see is one system because I think multiple systems you know if you have one alarm, one system I think that would be better. If you could work something out where you could do that, I would be in favor of that. Supervisor Montesi-Tim and thoughts? Councilman Brewer-I think the one system is I think is the better fit, it is just hard for me I did not get up there but it is hard for me to understand that there is no place that he cannot put a bigger tank here in the whole... Supervisor Montesi-John and I both visited Councilman Metivier-I saw it too. Councilman Strough-Well how about the public hearing? Supervisor Montesi-Bob, let's see if there some comments from the public, because it is a public hearing? Is there anybody that would like to comment? No one spoke. Councilman Strough-What is the biggest single tank? It seems like Engineer Manz-Four thousand gallons, single tank is a big tank. The Department of Health has no issues with multiple tanks. Councilman Strough-Well we do. What is the largest single tank you could get in there? Engineer Manz-1 would love to be able to give you an honest answer but I can't at this moment. I think probably twenty five hundred gallon to a three thousand gallon tank is generally speaking the largest standard tanks you are going to find. Councilman Strough-So, three thousand gallon, one system one tank I could live with that. Councilman Brewer-Why couldn't he put to smaller tanks and tie them in together. Supervisor Montesi-The problem is that there is an existing septic tank that they would like to use so they got to pull that out of the ground and there is a five hundred gallon tank that they got to pull out of the ground. Councilman Strough-Are you going to put alarms on all three? Engineer Manz-Well, no you would put an alarm on the last tank. Councilman Brewer-...in the ground and put two big tanks, two tanks to equal the capacity you need. Councilman Strough-He said you could probably put one three thousand gallon tank. Councilman Brewer-And leave the other systems in there? Councilman Strough-No, take them right out. One alarm system, one three thousand Councilman Brewer-I am fine with that. Councilman Clements-I agree with that. Councilman Strough-Will you do that? Engineer Manz-You are going to have to give me a time to be able to answer that as a, I would Councilman Strough-Is there any immediacy to getting this done now, can you wait? Engineer Manz-There is certainly is, I would certainly suggest leaving the existing tank in and normally that is what is done, is the existing septic tank is left in and then a holding tank is added to that. So, that you have, you basically have an initial collection if you will, and then an outflow of liquids into the holding tank. That is the standard design. So, if you are saying we want three thousand gallons would it be reasonable to leave the existing thousand gallon tank and put a two thousand gallon holding tank attached to that. Councilman Strough-So it would go from three tanks to two? Engineer Manz-Yes, and three thousand gallons. Councilman Strough-And that is even better than the three tanks to me seems problematic. Councilman Clements-But they are connected. Engineer Manz-Oh yea. They would be within you know two or three feet of each other. So, you would have a two thousand gallon tank and a one thousand gallon tank. Councilman Clements-How old is the one thousand gallon tank? Engineer Manz-Somewhere in the ten to twelve years. We have gone through it all the system as I said the system was functioning perfectly fine the leach field lines did not meet the setback requirements of today. Today you have a requirement that you cannot put a septic line a leach field line under a road or under an area of property where a road, or traffic will be on it. Supervisor Montesi-There is a house in front of the front house that has the driveway right of way. That is part of the problem. This is a very, very narrow lot difficult to work with Engineer Manz-It is deep and narrow. Supervisor Montesi-And there are four houses on it. Councilman Strough-In the Town Code 136 — 11 says that the holding tank will be water tight without outlets. Engineer Manz-Yes. That is why as I said Councilman Strough-The septic tank has an outlet. Engineer Manz-It would not be, it is figured in as gallon age but it is not figured as a septic tank does not necessarily qualify as a holding tank because it does have an outlet. But you would be out letting into what you would consider the holding to n k. Councilman Brewer-Going from one tank to the holding tank. Engineer Manz-Right. And you still have the same capacity, when you came and pumped it out you would be pumping out two tanks. Supervisor Montesi-Well you would be pumping out one tank the holding tank. Engineer Manz-You would also pump out the septic tank at the same time. Councilman Brewer-So, you need time to go back and see what you could do to fit this in and then bring it back to us, is that what you are asking? Engineer Manz-If you believe that a two thousand gallon holding tank and a one thousand gallon septic tank tied together would be acceptable we would go back and look at the rock removal associated with the two thousand gallon holding tank and try to establish, try to install that in that area. Supervisor Montesi-Is there anybody else in the audience that wants to comment? John ok. What is the position of the Board? Councilman Brewer-If he wants time give him a week or two or whatever it takes to come back with a plan ... Supervisor Montesi-Our next meeting is July 15t Engineer Manz-1 guess I would ask the Board for approval to install a two thousand gallon holding tank with all of the requirements existing on that design along with the thousand gallon septic tank, which would give you the three thousand gallon capacity. Councilman Strough-Reducing it to two tanks so the inflow into the...you would have kind of a pre-treatment the over flow goes into the holding tank the alarm system the two stage alarm system will be on the holding tank. Engineer Manz-Holding tank, correct Councilman Strough-That would eliminate that other tank. Engineer Manz-Correct. Councilman Strough-That is better. Supervisor Montesi-It would eliminate the five hundred gallon Engineer Manz-Yes. It basically would be in the location of both of those tanks that are shown on the plan. Supervisor Montesi-The five hundred and the thousand. Councilman Strough-Ok I can live with that. Supervisor Montesi-Does somebody want to make a motion? Councilman Brewer-...have it inspected by Dave or somebody before we just say go ahead and do it? Town Clerk Dougher-You will have to change the last Resolved. Councilman Strough-There is a, so we are changing the variance you are going to actually put in the one thousand gallon septic, and a two thousand five hundred gallon holding tank for a total capacity of three thousand five hundred gallons. Engineer Manz-We were two thousand and one thousand. Councilman Strough-Two thousand and one thousand Engineer Manz-For three thousand Councilman Strough-So, we are seeking a variance for one thousand gallon Supervisor Montesi-From the four thousand. Town Clerk Dougher-allowing a two thousand gallon holding tank in lieu in the standard septic system and a one thousand gallon capacity in lieu of the four thousand gallon, correct? Councilman Strough-No. Three thousand gallon capacity. Town Counsel Hafner-To allow a holding tank in lieu of standards septic system/absorption field consisting of a two thousand gallon holding tank directly connected to a one thousand gallon septic tank to provide three thousand total gallons capacity. Councilman Brewer-Now will he be encroaching on any other lot lines or anything like that to create another variance or is there plenty of room? Engineer Manz-No, the five hundred gallon tank will disappear the two thousand gallon tank will be installed where you see the five hundred as well as the thousand. Basically two tanks go away one tank goes in its place. Town Counsel Hafner-Is there anything else that the Board has a requirement, there has been a lot of talk that this is a seasonal residence, was there a concern about that? Supervisor Montesi-Well, the one variance that they sought if you look at the map they were very, very close to the property line on the south side but it did not show any wells so I mean they are ok with that. Engineer Manz-The well is a hundred feet from the septic system. Supervisor Montesi-When they put the, when they put their little addition on they had to get a variance I mean they are within a foot of the property line and a foot of the other house. Engineer Manz-But that was never, none of that, that was all existing. The only thing that was changed was the roof, there were two different peaks and the two peaks were actually matched and that required a variance because you cannot do anything to a building that is non-compliant. The building was not moved any closer to the property line, it was non-compliant pre-existing. Supervisor Montesi-Just a drip edge. Town Counsel Hafner-That was the only thing that we were concerned with. Supervisor Montesi-That is the only thing that we had. Town Counsel Hafner-We made the change. Supervisor Montesi-Can we put that forth? Town Counsel Hafner-I read the changes. Supervisor Montesi-Closed the public hearing. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR JOHN CELESTE AND THOMAS VALENTINE RESOLUTION NO.: 13,2013 BOH INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, John Celeste and Thomas Valentine filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,Chapter 136 to allow a holding tank in lieu of a standard septic system/absorption field and another variance to allow a 2,500 gallon capacity tank in lieu of the required 4,000 gallon capacity tank on property located at 83 Pilot Knob Road 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 a public hearing concerning the variance requests on Monday,June 17'h,2013,and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW,THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health fords that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of John Celeste and Thomas Valentine for variances from the Sewage Disposal Ordinance to allow a holding tank in lieu of a standard septic system/absorption field consisting of a 2,000 gallon holding tank directly connected to a 1,000 gallon septic tank to provide 3,000 gallons of capacity in lieu of 4,000 gallon capacity on property situated at 83 Pilot Knob Road in the Town of Queensbury bearing Tax Map No.:227.18-1-12. Duly adopted this 17'b day of June,2013,by the following vote: AYES : Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 14, 2013 BOH RESOLVED, the Town Queensbury Board of Health hereby adjourns its meeting and moves back into regular session. Duly adopted this 17th day of June, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 PUBLIC HEARING AMENDMENT TO EMERGENCY PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC, FOR PURCHASE OF NEW EMERGENCY VEHICLE NOTICE SHOWN PUBLICATION DATE: JUNE 7Th, 2013 Supervisor Montesi-We had a master plan on vehicle purchases for the EMS for the Town, this year the EMS from Bay Ridge was I guess was up for their trade in and their new piece of equipment. They went out to bid and they did the due diligence that was necessary and because this year we had to provide, EMS's had to provide for the new heart monitoring systems which were incredibly expensive, eighty nine thousand dollars I think for Bay Ridge. Usually the squads have some kind of cash accommodations along with a trade in, when we bought ambulances, this particular one it is a hundred and forty four thousand two hundred and ninety seven dollars we will be paying for directly out of the our contingent fund for EMS. Any comments from the public...no one spoke We will close the public hearing. RESOLUTION AUTHORIZING AMENDMENT TO EMERGENCY PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. FOR PURCHASE OF NEW EMERGENCY VEHICLE RESOLUTION NO.: 264,2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with Town Law §184, the Queensbury Town Board (Town) 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 Town and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for emergency protection services for 2012 through 2014, which Agreement sets forth a number of terms and conditions including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage or use money placed in a"vehicles fund"without prior approval of the Queensbury Town Board,and WHEREAS, the Squad advised the Town Board that it wishes to trade in its current 2001 Medtec Unit 9721 and use the anticipated$8,500 in proceeds toward the purchase of one(1)2013 Ford E-450 chassis with a PL Medallion 170 style body(Emergency Vehicle) from Specialty Vehicle Sales Corp. (SVC) for the adjusted purchase price of$144,297 as set forth in SVS' Agreement presented at this meeting, such purchase already included in the scheduled Squad's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for emergency protection services purposes,and WHEREAS,the Squad plans on paying for the Emergency Vehicle as follows: 1. The Squad will trade in its 2001 Medtec Unit 4721 ($8,500 value); and 2. The Town will provide $144,297 in funding to the Squad, such funding to come from the Town's unappropriated,undesignated EMS Fund Balance; and WHEREAS, since such $144,297 in additional expenses are not presently included in the Squad's 2012-2014 Agreement with the Town, the Town Board duly held a public hearing on Monday, June 17t1i, 2013 concerning such additional expenses related to its proposed Emergency Vehicle purchase and the coinciding amendment to the Squad's Agreement and heard all interested persons,and WHEREAS,the Town Board has determined that such new Emergency Vehicle will help to provide additional, improved emergency medical services and benefit Town residents and visitors to the Squads' service area(s) and therefore it is necessary and in the public interest to act on such proposal to improve the provision of emergency services to the Town, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Amendment to the Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad,Inc.,regarding the additional $144,297 in additional expenses related to the purchase of one (1) 2013 Ford E-450 chassis with a PL Medallion 170 style body (Emergency Vehicle) as delineated in the preambles of this Resolution and authorizes and directs the Town Supervisor to sign such Agreement substantially in the form presented at this meeting,and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to transfer funds from the Town's unappropriated, undesignated EMS Fund Balance, amend the Town Budget and take all actions necessary to provide for payment relating to such purchase and Amendment Agreement,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 17'b day of June,2013 by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr.Montesi,Mr.Metivier NOES : None ABSENT: None Supervisor Montesi-Thank you very much EMS. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. : 265,2013 INTRODUCED BY Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY :Mr.Brian Clements WHEREAS, the Town of Queensbury's Department of Parks and Recreation has requested Town Board authorization to hire Mackenzie Baertschi, Celia Brown, Mackenzie Perkett, Hannah Hewlett, Alexis Metivier, Samantha Ramsey and Holly Sokol to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and: • Mackenzie Baertschi is the cousin of Recreation Program Supervisor/Q-Club Director, Jennifer Baertschi; • Celia Brown is the daughter of Code Compliance Officer/Zoning Administrator,Craig Brown; • Mackenzie Perkett is the niece of Town Councilman,Anthony Metivier; • Hannah Hewlett is the daughter of Recreation Commission Member,Greg Hewlett; • Alexis Metivier is the daughter of Town Councilman,Anthony Metivier; • Samantha Ramsey is the daughter of Parks and Recreation Senior Typist, Simone Ramsey;and • Holly Sokol is the daughter of Supervisor-At-Large,Matt Sokol; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town's Department of Parks and Recreation on a part-time, seasonal basis effective on or about June I Ph, 2013, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, Recreation Program Supervisor/Q-Club Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 17`h day of June,2013,by the following vote: AYES Mr. Strough,Mr.Brewer,Mr.Montesi,Mr. Clements NOES : None ABSENT: None ABSTAIN:Mr.Metivier RESOLUTION AUTHORIZING CLOSURE OF EXIT 18 CORRIDOR REALIGNMENT PROJECT CAPITAL PROJECT FUND #126 RESOLUTION NO.: 266, 2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with Resolution No.: 482,2000, the Queensbury Town Board established the Exit 18 Corridor Realignment Project Capital Project Fund #126 which established funding for expenses associated with the Exit 18 Corridor realignment project(Project), and WHEREAS,the Project is complete and therefore, Capital Project Fund#126 can be closed, and WHEREAS, the Town's accounting records show that there is approximately $69,935.32 remaining in Capital Project Fund#126, and WHEREAS, the Town Board wishes to close such Capital Project Fund and transfer its remaining fund balance to the Water Fund #40 as the Accountant advised that when all final costs came back related to the Project, the Water Department had overpaid, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Exit 18 Corridor Realignment Project Capital Project Fund #126 and transfer its remaining balance to the Water Fund#40, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 17th day of June, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CLOSURE OF SITE REMEDIATION AT HIGHWAY GARAGE CAPITAL PROJECT FUND #179 RESOLUTION NO.: 267, 2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, in accordance with Resolution No.: 317,2010, the Queensbury Town Board established the Site Remediation at Highway Garage Capital Project Fund #179 which established funding for expenses associated with site remediation work at the Town Highway Garage site (Project), and WHEREAS, the Town's Facilities Manager has advised that the Project is complete and the Fund can be closed, and WHEREAS,the Town's accounting records show that there is approximately$2,693.65 remaining in Capital Project Fund#179, and WHEREAS, the Town Board wishes to close such Capital Project Fund and transfer its remaining fund balance to the Highway Mechanical Repairs Capital Project Fund#182, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Highway Garage Capital Project Fund #179 and transfer its remaining balance to the Highway Mechanical Repairs Capital Project Fund#182, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer, Accountant and/or Facilities Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 17th day of June, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING SUNY ADIRONDACK TO CONDUCT 5K RACE IN SUPPORT OF SUNY ADIRONDACK CARES FUND RESOLUTION NO.268,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, SUNY Adirondack has requested authorization from the Queensbury Town Board to conduct a 5k Race in support of the SUNY Adirondack CARES Fund as follows: SPONSOR SUNY Adirondack EVENT: 5k Race DATE Saturday, October 12th 2013 TIME 8:30 a.m. (to be completed in approximately one hour) PLACE: Beginning and ending at SUNY Adirondack (Letter and map depicting course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from SUNY Adirondack and therefore authorizes SUNY Adirondack to conduct its 5k Race within the Town of Queensbury as delineated in this Resolution,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 17'h day of June,2013,by the following vote: AYES : Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES : None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM ELMER AND BEATRICE VERRY RESOLUTION NO.: 269,2013 INTRODUCED BY :Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY :Mr.John Strough WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Elmer and Beatrice Verry—Plot No.:48F,Algonquin Section,and WHEREAS, by letter dated June 5t'', 2013, Mr. and Mrs. Verry have requested that the Town's Cemetery Commission buy back such lot,and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re- purchase of such lot and approval of the re-purchase by the Town Board, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re- purchase of a lot in the Pine View Cemetery from Elmer and Beatrice Verry — Plot No.: 48F, Algonquin Section,for the amount of$116.67,and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Mr. and Mrs. Verry and properly account for the sales in the Town's books and records. Duly adopted this 17d'day of June,2013,by the following vote: AYES :Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier NOES None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW CEMETERY FROM HENRY AND PHYLLIS HESS RESOLUTION NO.: 270,2013 INTRODUCED BY :Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY :Mr.Anthony Metivier WHEREAS,the Town of Queensbury Cemetery Commission previously sold three(3)cemetery lots in the Pine View Cemetery to Henry and Phyllis Hess—Plot No.:29C,Huron Section,and WHEREAS, by letter dated May 22"d, 2013, Mr. and Mrs. Hess have requested that the Town's Cemetery Commission buy back such three(3)lots,and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re- purchase of such lots and approval of the re-purchase by the Town Board, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re- purchase of three (3) lots in the Pine View Cemetery from Henry and Phyllis Hess—Plot No.: 29C, Huron Section,for the amount of$700,and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Mr. and Mrs. Hess and properly account for the sales in the Town's books and records. Duly adopted this 17th day of June,2013,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr.,Montesi,Mr.Metivier,Mr.Clements NOES : None ABSENT: None RESOLUTION SETTING HEARING ON JOYCE JONES' APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS RESOLUTION NO.:271,2013 INTRODUCED BY:Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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, Joyce Jones has 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 her property located at 33 Main Street, Queensbury to the West Queensbury Sanitary Sewer District as set forth in her May 31St, 2013 application presented at this meeting, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board will hold a hearing on Monday,July 1St,2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joyce Jones' sewer connection variance/waiver application concerning her property located at33 Main Street, Queensbury (Tax Map No.: 309.10-2-20),and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. Duly adopted this 17th day of June,2013,by the following vote: AYES Mr.Brewer,Mr.Montesi,Mr.Metivier,Mr. Clements,Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING DESIGNATION OF TOWN CLERK TO RECEIVE NOTICES OF CLAIM SERVED UPON SECRETARY OF STATE RESOLUTION NO.:272,2013 INTRODUCED BY Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS,New York State General Municipal Law §53 requires towns to file a certificate with the Secretary of State designating the Secretary of State as an agent for service of a Notice of Claim,and WHEREAS, General Municipal Law §53 requires such certificate to include the applicable time limit for filing the Notice of Claim and the name,post office address and electronic mail address,if available, of an officer or person for the transmittal of Notices of Claim served upon the Secretary as the Town's Agent, and WHEREAS, in accordance with General Municipal Law §50-e(1)(a), the applicable time limit for the filing of a Notice of Claim upon a town is 90 days after the claim arises,or in the case of a wrongful death action,90 days from the appointment of a representative of the decedent's estate, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, County of Warren, hereby designates the Queensbury Town Clerk, to receive Notices of Claims served upon the Secretary of State, by mail at Town of Queensbury, 742 Bay Road, Queensbury, New York 12804 and email at: townclerkgqueensbury.net,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Clerk to file the required Certificate with the Secretary of State informing him/her of the Town's designation and applicable time limitation for filing a Notice of Claim with the Town on or before July 14th1 2013,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June,2013,by the following vote: AYES : Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer NOES : None ABSENT : None RESOLUTION AUTHORIZING CUSTOMER AGREEMENT FOR SOLAR PV SYSTEM INSTALLATION AND SOLAR EQUIPMENT LEASE BETWEEN TOWN OF QUEENSBURY AND MONOLITH SOLAR ASSOCIATES, LLC RESOLUTION NO.: 273,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, by Resolution No.: 285,2012, the Queensbury Town Board authorized a non- binding letter of intent with Monolith Solar Associates, LLC signifying the Town's intent to consider the possibility of pursuing a solar power project to various Town buildings and infrastructure to save energy costs, and WHEREAS,the Town of Queensbury and Monolith have negotiated certain terms for a Customer Agreement for Solar PV System Installation under a NYSERDA Incentive Program as well as a Solar Equipment Lease, and WHEREAS, the Town Board is considering the installation of such solar equipment at six (6) Town locations, and WHEREAS, a proposed Customer Agreement and Solar Equipment Lease are presented at this meeting and are generally in form acceptable to Town Counsel,provided certain revisions are made, NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Customer Agreement for Solar PV System Installation under NYSERDA Incentive Program PON 2112 and Solar Equipment Lease between Monolith Solar Associates,LLC and the Town of Queensbury in the forms presented acceptable to the Town Supervisor and Town Counsel and authorizes and directs the Town Supervisor to execute such documents, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel,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 17'h day of June,2013,by the following vote: AYES Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer,Mr.Montesi NOES None ABSENT : None RESOLUTION AUTHORIZING LOAN OF EAGLE SANDSTONE STATUE FROM CITY OF GLENS FALLS RESOLUTION NO.: 274,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Queensbury Town Board wishes to accept the loan of an eagle sandstone statue which was originally at the top of the Civil War Monument located at the corner of Bay and Glen Streets in the City of Glens Falls from the City of Glens Falls,and WHEREAS,the Town Board is honored to display such eagle statue and appreciates the City's loan of the eagle statue to the Town,and WHEREAS,the Town Board wishes to authorize the expenditure of funds for costs associated with the transport and installation of such eagle statue at the Town Office Building, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes the loan of an eagle sandstone statue which was originally at the top of the Civil War Monument located at the corner of Bay and Glen Streets in the City of Glens Falls from the City of Glens Falls and the expenditure of funds for costs related to the transportation and installation of such eagle statue at the Town Office Building,and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions needed to provide for such installation costs and any other costs associated with the hosting of the eagle statue on Town property,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed Agreement and/or documentation associated with the loan of the eagle statue and the Town Supervisor, Deputy Supervisor John Strough 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 17`h day of June,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr.Montesi,Mr.Metivier NOES : None ABSENT : None Discussion held before vote: Supervisor Montesi-The eagle is now in the Town Office, John has done a lot of work on this ...Councilman Strough-Harriet Wing, proposed the monument in 1865, Ms. Wing lost two of her sons in the Civil War, she put forth one hundred and fifty dollars toward the monument, in 1866 the Queensbury Town Board appropriated funding for the construction of the monument and we bought a parcel of land at the intersection of Glen and Bay Street for one thousand dollars from James and Amanda Sisson...This is the site where women piled bread here for the soldiers in the Revolution and one of the first places where we had a well and established the village. The plaque on the monument introduces the soldiers who lost their lives through battle or disease it says "who fell in the war for the Union 1861-1865 directed to their memory by the Town of Queensbury" Restoration of monument 1996-1999 the eagle had been repaired once and the people assessing the monument recommended it be taken down, they made up another eagle to be placed, the original eagle was stored in a shed behind the Glens Falls DPW Garage...Over a year ago I approached the Mayor of Glens Falls and asked him if the Town could get the eagle, he got consent of the Council and almost a year ago we moved the eagle to our Highway Garage...this past Saturday it was moved into the Town Office. Formal occasion celebrating this will be on July 5, 2013. RESOLUTION AUTHORIZING PURCHASE OF INSURANCE FROM TRIDENT/ARGONAUT RESOLUTION NO.: 275,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS,by Resolution No.: 200-324,2012,the Queensbury Town Board authorized engagement of Marshall & Sterling Upstate, Inc., to obtain insurance coverage for the Town of Queensbury from Trident/Argonaut effective July 1 st,2012—June 30th,2013,and WHEREAS, the Town Board wishes to authorize obtaining insurance coverage with Trident/Argonaut effective July 1St,2013—June 30th,2014,in accordance with Marshall and Sterling Upstate, Inc.'s June 11th,2013 proposal presented at this meeting, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer and Marshall& Sterling Upstate,Inc.,to obtain insurance coverage for the Town of Queensbury from Trident/Argonaut effective July 1St, 2013 —June 30th,2014 in accordance with Marshall and Sterling Upstate, Inc.'s June 11th,2013 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation, and the Town Supervisor,Town Counsel and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June,2013,by the following vote: AYES Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier,Mr. Clements NOES None ABSENT: None RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 276,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, 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 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1010-4400 Misc.Contractual 8,000.00 001-7110-1010 Wages 001-7020-1010 Salaries 10,000.00 001-7110-1010 Wages 001-7110-4824 Rec Programs 10,000.00 032-8120-4300 Electricity 032-8110-4720 Consultants 900.00 138-7110-4403 Engineering 138-7110-2899 Capital Construction 8,000.00 199-1355-4400 Misc.Contractual 199-9030-8030 Social Security 4,000.00 Increase Revenue 001-0000-52680 Insurance Recovery 1,093.54 Increase Appropriation 001-7110- 4110 Vehicle Repair and Maint 1,093.54 Duly adopted this 17th day of June, 2013, by the following vote: AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr.Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY JOSEPH LEUCI AND MARIA LEUCI RESOLUTION NO.: 277,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS,Joseph Leuci and Maria Leuci, (Petitioners) previously commenced Article 7 Real Property Assessment Review cases in 2011 and 2012 against the Town of Queensbury concerning the assessments on four(4) parcels of property as follows: TAX MAP NO. PROPERTY LOCATION 301.13-1-1.2 9 Mountainside Drive 301.13-1-3 14 Mountainside Drive 301.13-1-1.1 Mountainside Drive 296.9-1-7.2 1110 State Route 9 (hereinafter the "Properties"), and WHEREAS,the Town Assessor has reviewed the cases with Town Counsel and the Assessor has recommended a settlement proposal to the Town Board, and WHEREAS, counsel for the Queensbury Union Free School District and the Lake George Central School District advise they anticipate District officials in both Districts will recommend that the School Boards approve the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 proceedings filed by Joseph Leuci and Maria Leuci, such that the 2011 Petition will be discontinued, without revisions or refunds, and the 2012 final assessments on the Properties shall be revised as follows: YEAR TAX MAP PROPERTY ORIGINAL REVISED NO. LOCATION ASSESSMENT ASSESSMENT 2012 301.13-1-1.2 9 Mountainside Drive $489,200 $450,000 2012 301.13-1-3 14 Mountainside Drive $134,800 $115,000 2012 301.13-1-1.1 Mountainside Drive $36,000 $36,000 2012 296.9-1-7.2 1110 State Route 9 $732,200 $732,100 and BE IT FURTHER, RESOLVED, that in accordance with Real Property Tax Law §727, the Revised Assessments on the Properties for the final 2012 Assessment Roll shall remain effective for the 2013, 2014 and 2015 Assessment Rolls, subject to the exceptions provided for in Real Property Tax Law §727, including the exception that would apply in the event of a Town-wide revaluation, and BE IT FURTHER, RESOLVED, that if the Town completes a Town-wide revaluation any time prior to the filing of the 2015 Assessment Roll, the Town shall use the following amounts as the respective Fair Market Values in calculating the assessed values of the Properties for purposes of such Town-wide revaluation and subsequent Assessment Roll(s)through and including the 2015 Assessment Roll: FAIR MARKET TAX MAP NO. PROPERTY LOCATION VALUE 301.13-1-1.2 9 Mountainside Drive $548,800 301.13-1-3 14 Mountainside Drive $140,200 301.13-1-1.1 Mountainside Drive $43,900 296.9-1-7.2 1110 State Route 9 $892,800 and BE IT FURTHER, RESOLVED, except for Parcel No.: 296.9-1-7.2, for which no refund will be claimed or paid,the Town Board authorizes and directs payment of any and all refunds of excess taxes paid by Petitioners, based upon the 2012 Revised Assessments as set forth above. Such refunds shall be paid without interest, provided they are issued within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the settlement,with Notice of Entry, on the Warren County Treasurer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 17`h day of June,2013 by the following vote: AYES : Mr.Montesi,Mr.Metivier,Mr.Clements,Mr. Strough,Mr.Brewer NOES : None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF PUBLIC HEARING DATE FOR OBTAINING CITIZEN INPUT FOR 2013 APPLICATION TO NEW YORK STATE OFFICE OF COMMUNITY RENEWAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM RESOLUTION NO.: 278,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the New York State Office of Community Renewal (OCR) will accept applications from eligible communities to compete for funds available through the New York State administered Community Development Block Grant Program (CDBG) 2013, and WHEREAS, the Town of Queensbury has reviewed its housing and community development problems and needs, and WHEREAS, the Town will hold a public hearing to obtain citizens' views and develop a proposed program and application for funds, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,July 15Y, 2013 to hear all interested persons and take any necessary action provided by law concerning the Town's application for Community Development Block Grant Program (CDBG) funds through the New York State administered Community Development Block Grant Program (CDBG),and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing a minimum of ten (10)days prior to such public hearing,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Senior Planner to sign any documentation and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 17th day of June, 2013 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES None ABSENT None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF JUNE 18TH, 2013 RESOLUTION NO.:279,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of June 13th,2013 and a payment date of June 18th,2013, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of June 13th,2013 and a payment date of June 18th,2013 totaling$707,514.04,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 17th day of June,2013,by the following vote: AYES : Mr.Clements,Mr. Strough,Mr. Brewer,Mr.Montesi,Mr.Metivier NOES : None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR MICHAEL BARBONE RESOLUTION NO.: 280,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, Michael Barbone has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market on Wednesday, July 3rd, 2013 at the Ski West Mountain Ski Center, 59 West Mountain Road, Queensbury for the 26th Annual Summer Jam to sell various food items, non-alcoholic drinks and certain merchandise in accordance with the provisions of Town Code Chapter 160, 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 Michael Barbone to conduct a transient merchant market at the Ski West Mountain Ski Center located at 59 West Mountain Road,Queensbury,subject to the following: 1. Mr.Barbone must pay all fees as required by Town Code Chapter 160; 2. Mr.Barbone must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Mr. Barbone 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 on Wednesday, July 3rd, 2013 from 12:00 p.m. noon to 12:00 a.m.midnight and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Mr.Barbone 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 this approval. Duly adopted this 17`h day of June,2013,by the following vote: AYES : Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier,Mr.Clements NOES : None ABSENT : None 4.0 PRIVILEGE OF THE FLOOR (Limit 4 Minutes) Mr. Mark Radloff-4 Garrison Road Spoke to the Board regarding a neighboring house where approximately one hundred and twenty cats have been removed...when house went on the market the realtor said the ASPCA was going to remove the cats, obviously that was not done...1. Supposedly the Town had a contract with ASPCA if that is so why did they not do their job? 2. The smell coming from this property is gut wrenching Noted Dave Hatin was notified of the house situation several months ago... Supervisor Montesi-The County contracts with SPCA to take care of cats and they had hired a guy to deal with these problems, and he walked way from this problem. That left Jim Fitzgerald Queensbury ACO and Dr. O'Connor went in and took the hundred cats out...Monty Liu the owner of the property he has apologized for the issue and he is taking care of the matter as expediently as possible. What can the Town do as the Board of Health we can have a hearing process and sixty days to abate the problem and go to the Supreme Court and knock the building down, this will not happen overnight. If we can get Monty to clean the house up as best he can then we can deal with it somewhat. Mr. Radloff-This has been a very slow process. We have been dealing with this for six months. Councilman Brewer-Is there anything we can do in an emergency? Mr. Radloff-Questioned if the Town had a limit on the number of animals you can harbor. Councilman Brewer-Questioned if the Health Officer condemns the building would that make it faster. Town Counsel Hafner-You do have authority as the Board of Health to act however, I think the solution if the Town got involved going on the property and doing something and having government going on private people's property without a court order or permission of the owner that brings up constitutional issues. The Town Board under extreme health things you do have some authority but we are hesitant to have our town going on people's property without permission. We can start the process but usually the process is, we have alerted the property owner and we have given them this long to solve the problem if not we move forward. If the Health Officer does find it is an extreme health concern than we could take some action. Supervisor Montesi-I will talk to Dr. Garner tomorrow and see if we can get him into that house ... Town Counsel Hafner-We can prepare a resolution for the Board at any time to set a hearing. It is a hearing for the property owner ... Mr. Pliney Tucker-41 Division Road Re: Sherman Avenue We paved from the City Line to Northway Bridge, then the City tore it up...to put in sewer lines, why wasn't it coordinated before we spent all the money to pave the road? Councilman Brewer-We did not know that they wanted to run the lineup Sherman Avenue until this year. Mr. Pliney Tucker-What are they going to do just patch it? Councilman Brewer-I don't know we can call the Mayor and ask him. Mr. Pliney Tucker-The road should be returned to the condition it was before they started working on it. Supervisor Montesi, can you give me a letter stating how much money we have for paving from the Town and including Chips? Supervisor Montesi-I will get that for you. Mr. Pliney Tucker-Tim, I am requesting that Division Road be paved. Councilman Brewer-The Highway Dept. has cut back on paving but I know it is on the list. Mr. George Winters-4 John Clendon Road Questioned if Mr. Ostrander is getting in trouble going down in helping the City out is he, would he be jeopardizing his license? Supervisor Montesi-That was one of the concerns that we talked to him about before he went down there. We are going to have an executive session on that.. Mr. George Winters-In the re-val they came around and took pictures of my house the Town already has a picture of my house so why would the Town go around. Supervisor Montesi-They are updating and doing every single parcel. Mr. John Salvador-1. Spoke to the Board regarding Bob Schultz law suit against Assembly Speaker Sheldon Silver violations of procedure law and violations of the New York State Constitution, misuse of public funds. The local EMS services are private corporations the town has unconstitutionally lent it's credit to these corporations in order to obtain favorable credit from banks...felt that the Town also lent its credit to a private corporation Schermerhorn when putting in a larger sewer line...Warren County lent its credit to the Warren County IDA...Warren County subsidized the tipping fee violating the New York State Constitution...Two Towns and the City lending their credit to raise the taxes necessary to advertise the debt of the Glens Falls IDA for the expansion of Crandall Library...monies used for not-for profits... 2. The Town Zoning Ordinance does not define a restaurant, nowhere in the code what a restaurant is allowed requested that this be addressed...also no definition of food service in the code... 5.0 CORRESPONDENCE 5.1 May 2013 Report of Building and Codes on file 6.0 TOWN BOARD DISCUSSIONS WARD II BRIAN CLEMENTS • Thank you to John Strough, he invited me up to see the Eagle placed in the Town Office Building...he did a great job. WARD III JOHN STROUGH • Received numerous calls on houses unoccupied not being maintained the grass is growing up, doors ajar and kids are entering them...what can we do about it...difficult to locate the owners of these parcels... Councilman Brewer noted one instance where the property was in default the bank owned it the pool was open and frogs were in it...on the door was the name of the management company, I called the company they said they would take care of it, nothing was done... Town Counsel Hafner-Regarding maintenance items that is hard when you cannot reach the owner...you can go through the process and put a lien but you are after the bank...you should not go on the property without permission...immediate safety concerns we can follow the process and be a little bit more comfortable with taking some actions that deal with safety...The legislature was considering trying to put the onus on banks.. • Report from the Fire Marshal listed businesses that were inspected...also noted be careful with the outdoor campfires... WARD IV TIM BREWER No comment WARD I ANTHONY METIVIER No comment SUPERVISOR MONTESI • June 29th (Saturday) We will have our tire disposal at the West Glens Falls Fire House 7:30 to 3:30pm 4 tires per family • (Councilman Strough-working on Hazardous Waste Day for next year) • The monthly report on County Board — Sales Tax is up 4.5% for June and for the year up 6.8% we have collected seventeen million dollars' worth of sales tax versus fifteen nine. RESOLUTION CALLING FOR AN EXECUTIVE SESSION RESOLUTION NO. 281.2013 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 Executive Session on Water Treatment Plant Operator giving time to the City of Glens Falls. Duly adopted this 17th day of June, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 282.2013 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 here by adjourns its Executive Session. Duly adopted this 17th day of June, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None No action taken during Executive Session RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 283.2013 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 adjourns its Town Board Meeting. Duly adopted this 17th day of June, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury