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2013-08-05 - Mtg 31 REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 241 TOWN BOARD MEETING MTG. #31 AUGUST 5, 2013 RES. 320-337 7:00 P.M. BOH 17-19 TOWN BOARD MEMBERS SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER WASTEWATER SUPT. CHRIS HARRINGTON THE GLENS FALLS POST STAR LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS PRESENTATION BY BETH WALES OF WORLD AWARENESS CHILDREN'S MUSEUM Ms. Wales-Spoke to the Town Board regard the Children's Museum at 89 Warren Street, Glens Falls, New York A non for profit educational institution...spoke about the various programs available and the numerous cultural exhibits...attracting tourists through their International Youth Art Exchange...a unique destination attraction... Councilman Strough-Suggested that they could place brochures at the new information center between Exits 17&18. Hosted by the Lake George Regional Chamber of Commerce. Councilman Brewer-Also the Khios at Exit 18... RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 320.2013 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 moves into the Queensbury Board of Health. Duly adopted this 5 t" day of August, 2013 by the following vote: REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 242 AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING 1. Sewage Disposal Variance Application of Judy Gibson NOTICE SHOWN PUBLICATION DATE: July 19, 2013 Supervisor Montesi-Yes Sir. Engineer Tom Center-Nace Engineering-Before you with a variance for a proposed septic variance, for a septic replacement system for Mrs. Gibson on Sunnyside Road. We are looking for variances to place the septic tank within eighteen feet of the existing point well and five feet from the side setback and the pump station four foot seven from the front road setback. We would be pumping it up across underneath Sunnyside Road to a parcel on the opposite side of Sunnyside Road North. At the last meeting I know Mr. Strough asked if we could add an additional note in regards to solenoid valve on the pump station alarm which we added to the notes for the pump station to do that. Councilman Strough-Yes, and I got that, thank you Tom. Now, in looking over the plans I think you have gone to a pretty extreme measures to make this as conforming as you possibly could given the terrain and everything else. I think you did a good job. Engineer Center-Thank you. Councilman Strough-And thanks for the alarm system details. Engineer Center-It is a pretty straight forward system we are replacing an existing cesspool, septic tank that is being pumped out on an every couple of weeks basis right now. So, this will be a great improvement over what is there. Councilman Strough-Yes, I agree. Supervisor Montesi-Ok, thanks Tom. This is a public hearing is there anyone here to speak for or against the Sunnyside variances? No one spoke If not, we will close the public hearing. REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 243 RESOLUTION APPROVING JUDY GIBSON'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 17,2013 BOH INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, Judv Gibson has an existing failed septic system which is proposed to be removed completely and replaced with a new septic tank, pump station and absorption bed on an adjacent parcel owned by Ms. Gibson,and WHEREAS, Ms. Gibson filed an application for three (3) variances from provisions of the Town of Queensbun, On-Site Sewage Disposal Ordinance, Chapter 136 regarding such proposed replacement system to allow: L An absorption system to be located 184' from her well in lieu of the required 200' setback; 2. A septic tank to be located 18.3' from her well in lieu of the required 50' setback;and 3. A septic tank/pump station to be located 4.7' from the north property line and S from the east property line in lieu of the required 10' setback; on property located at 106 Sunnyside Road in the Town of Queensbun%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 Mondav,August nth,2013,and WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject propem, NOW,THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances, the Local Board of Health determines 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 finds 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 bv the Local Board of Health to affect Jud`- Gibson, applicant; and BE IT FURTHER REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 244 RESOLVED, that the Local Board of Health hereby approves Judy Gibson's application for variances from the Sewage Disposal Ordinance to allow: L An absorption system to be located 184' from her well in lieu of the required 200' setback, 2. A septic tank to be located 18.3' from her well in lieu of the required 50' setback;and 3. A septic tank/pump station to be located 4.7' from the north property line and S from the east property line in lieu of the required 10' setback, on property located at 106 Sunnyside Road in the Town of Queensbury and bearing Tax Map No.'s: 279.17- 1-26&27,279.17-2-17. Duly adopted this stn day of August,2013,by the following vote: AYES Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF H. THOMAS JARRETT RESOLUTION NO.: 18,2013 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, H. Thomas Jarrett has applied to the Local Board of Health for variances from Chapter 136 to install wastewater leaching systems on lots 42 and 43 in the Ridgewood Meadows Subdivision from federally jurisdictional(USACOE)wetlands as follows: L 59' from such wetlands instead of the required 100' setback,and 2. 68' from such wetlands instead of the required 100' setback, on property located in the Ridgewood Meadows Subdivision located on the east side of Ridge Road between Haviland Road and Thistlewood Drive in the Town of Queensbury, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 245 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Mondav, August 19th, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun%to consider H. Thomas Jarrett's sewage disposal variance application concerning property located in the Ridgewood Meadows subdivision located on the east side of Ridge Road between Haviland Road and Thistlewood Drive in the Town of Queensbury (Tax Map No.: 290.-1-83) 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 5th day of August,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING THE BOARD OF HEALTH RESOLUTION NO. 19.2013 BOH INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health is hereby adjourned and the Town Board moves back into session. Duly adopted this 5t" day of August, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Clements NOES: None ABSENT: None TOWN BOARD REGULAR SESSION REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 246 PUBLIC HEARINGS 1. ROUTE 9 SANITARY SEWER DISTRICT 2014 BENEFIT TAX ROLL NOTICE SHOWN PUBLICATION DATE: July 19, 2013 2. SOUTH QUEENSBURY-QUEENSBURY AVENUE SANITARY SEWER DISTRICT 2014 BENEFIT TAX ROLL NOTICE SHOWN PUBLICATION DATE: JULY 19, 2013 3. WEST QUEENSBURY SANITARY SEWER DISTRICT SANITARY SEWER DISTIRCT BENEFIT TAX ROLL FOR 2014 NOTICE SHOWN PUBLICATION DATE: JULY 19, 2013 Supervisor Montesi-I asked Chris Harrington to be here tonight to go over this. Chris Harrington Wastwater Supt. —We set the public hearing at the last Board Meeting and this is just to go over the benefit tax roll and the units. Just to go over the benefit tax roll it changes a little bit every year depending if properties have been developed and also if there is water usage, that is part of the commercial unit number. The units for Route 9 are five thousand seven hundred and three units, the total for that district. I do not have the numbers for what the bond payment is this year but the year before is two hundred and twenty three thousand three hundred and fifty. So, if you use for an average single family residence, the price for the tax at Route 9 is a hundred and seventeen dollars a year. So, that is for Route 9. South Queensbury the units are for the Queensbury Section this is a complicated district I do not want to get really into it but the units are Supervisor Montesi-This includes the airport, the industrial park Supt. Harrington-No, this is just for Queensbury. Supervisor Montesi-No but I mean the Supt. Harrington-Yes, the district includes properties in Kingsbury, but for the Queensbury portion it is one thousand one hundred and nine units. Just to let everybody know in this, in order to try and get this district into solvency we have had to do a few things. It is running in the red and we have to replace a generator out there because it is huge liability. We have agreed to raise the benefit tax on that from thirty three dollars a unit to forty seven dollars a unit. I will use North Country for an example the cost for the benefit tax will go up about four seventeen last year to about five ninety one. That is your mom and pop store out in South Queensbury. Supervisor Montesi-This is about a twenty five thousand dollar a year for the last couple of years Chris noted deficit. So, we are going to. REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 247 Councilman Montesi-It went four seventeen to what Chris? Supt. Harrington-This is just for North Country I used them as an example because they are like your mom and pop store. So, they are going from about, these are about numbers, these are rough numbers they are going from four seventeen to about five ninety one, we want to do this for a couple of years to get this district back into the black. Supervisor Montesi-Just so the guys have a feel what is the new generator hooking up going to cost us the whole thing. Supt. Harrington-The generator itself is about twenty one thousand then we have to have the labor to install it and get the propane and get the tank and that is about twenty nine thousand dollars that is a five year lease that we do MLC. So, the generator we got the generator, and I am hoping to have it installed maybe in late August. We will put the other generator we will try and auction it along with the diesel tank that we have out there. That will eliminate that liability that we have. Councilman Brewer-This is the same, not the same unit but it is replacing the unit that we had problems with a few years ago. ...or whatever. Supt. Harrington- Yes. Diesel there is no containment there it is really not a really good situation, we are going to use a propane generator. Supervisor Montesi-Propane, not going to be oil. Supt. Harrington-That should be hopefully at the end of the month. So, that takes care of South Queensbury. The last one is West Queensbury we made an adjustment to this district where we are matching it to Route 9 and that happens to benefit the residents on there. The residential property there is about sixty percent of the properties and they are going to see a tax break of about sixty dollars. Of course the other forty percent are going to see an increase but again for Queensbury it's who he would benefits and those are the commercial properties. The residential properties would get a break in West Queensbury some owners of the commercial are going to see an increase, so that goes for West Queensbury. I would say an average residential a year ago was paying five twenty six that residential property should now roughly again, because the bond has been changes on Main Street and I know that has been adjusted but roughly you could say you know four sixty two this year for an average residential property. That pretty well sums up the benefit tax roll. Anything else gentlemen? Town Clerk Dougher-We need to open the hearing on each one of those. PUBLIC HEARING ROUTE 9 SEWER BENEFIT TAX ROLL PUBLIC COMMENT— OPEN NO ONE SPOKE CLOSED REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 248 RESOLUTION ADOPTING ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO. 321,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law x{202 and§202-a,the Queensbun-Town Board has prepared the Route 9 Sanitary Sewer District Benefit Tax Roll for 2014 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office,and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District,and WHEREAS, the Town Board duly conducted a public hearing on Monday, August nth, 2013 and heard all interested persons, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sanitary Sewer District Benefit Tax Roll for 2014 for payment of public improvement expenses within the District in accordance with New York State Town Law§202 and§202-a,and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s)from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this stn day of August,2013 by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements NOES : None ABSENT: None PUBLIC HEARING SOUTH QUEENSBURY SEWER BENEFIT TAX ROLL PUBLIC COMMENTS—OPEN NO ONE SPOKE CLOSED RESOLUTION ADOPTING SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2014 REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 249 RESOLUTION NO. 322,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS, in accordance with New York State Town Law x{202 and§202-a,the Queensbury Town Board has prepared the South Queensbury— Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2014 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury — Queensbury Avenue Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office,and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District,and WHEREAS, the Town Board duly conducted a public hearing on Monday, August nth, 2013 and heard all interested persons, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury— Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2014 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s)from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this stn day of August,2013 by the following vote: AYES : Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough NOES : None ABSENT: None PUBLIC HEARING WEST QUEENSBURY SEWER BENEIT TAX ROLL PUBLIC COMMENT-OPEN NO ONE SPOKE CLOSED RESOLUTION ADOPTING WEST QUEENSBURY SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO. 323,2013 REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 250 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law x{202 and§202-a,the Queensbury Town Board has prepared the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2014 assessing the expense of district improvements of general sanitary sewers located in the West Queensbury Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office,and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and mailed copies of the Notice to all property owners within the Benefit Assessment District,and WHEREAS, the Town Board duly conducted a public hearing on Monday, August nth, 2013 and heard all interested persons, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2014 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and§202-a,and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s)from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this stn day of August,2013 by the following vote: AYES Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer NOES None ABSENT: None 3.0 RESOLUTIONS RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION AGAINST AMY AND MONTY LIU, SR. RESOL UTION NO„ 324, 2 013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 251 WHEREAS, Amy and Monty Liu, Sr. (property owners) own property located at 650 Glen Street in the Town of Queensbury(Tax Map Parcel No.: 302.11-1-12), and WHEREAS, the property has been used as a rental property and is not the domicile of the Lius, and WHEREAS, a tenant of the premises used the structure on such property to house over 100 felines at one time, and WHEREAS, at the time the felines were removed, the Town's Animal Control Officer (ACO) observed excessive amounts of animal excrement both in litter boxes and on the floor, and WHEREAS, in addition to the living animals that were removed, there were cat remains, and WHEREAS, the ACO reported to the Town Board that the stench caused by the animals (both alive and dead) and animal waste was so strong it was impossible to enter the house without a respirator/mask, and WHEREAS, although the Town recently caused the removal of the felines from the structure and the property owners have subsequently removed the excrement remains of the felines, the Town continues to receive complaints from neighbors that a strong noxious odor emanates from the structure, and WHEREAS, by letter to the Town Board dated July 17th, 2013, Andrew W. Garner, M.D., Town Health Officer, advised that he visited the structure on June 24t1i 2013, noticed a noxious odor emanating from the building, and upon further inspection found that there was evidence of feces and urine in the home in the form of a foul putrefying odor, and WHEREAS, Dr. Garner further advised that the structure emits noxious toxic fumes on a continuous basis and will continue to do so until remedied and therefore deems the structure to be a health hazard and unfit for human habitation and that the structure should be condemned as a public health nuisance, and WHEREAS, the odor makes the structure unfit for habitation and poses an ongoing threat to the health of neighboring property occupants, and WHEREAS, the Director of Building and Codes Enforcement opines that urine and feces have saturated the floor boards and support beams to such a degree that rehabilitation of the structure is impractical, and WHEREAS, the Director of Building and Codes Enforcement spoke to the property owner REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 252 (Mr. Liu)who had no plan for elimination of the odor or rehabilitating the premises, and WHEREAS the Queensbury Town Court lacks injunctive power to effectuate a condemnation of property,and WHEREAS,therefore the Town Board wishes to pursue preliminary and permanent injunctive relief prohibiting the occupation of the dwelling and requiring its removal or equivalent suitable remedy NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes and directs Town Counsel to pursue action in the Warren Count` Supreme Court: 1. seeking preliminary and permanent relief condemning the structure located at 650 Glen Street, Queensbun� and owned by Amy and Mont` Liu, Sr., thus prohibiting the occupation of the structure and requiring its removal or equivalent suitable remedy 2. If the property owner fails to demolish or equivalent suitable remedy such structure, then allowing the Town to make arrangements to do so with the costs to be assessed to the property owners or to become a lien against the property, and 3. seeking an award of attorney's fees and costs required by this action; BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs Town Counsel to file anv necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this stn day of August,2013,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer. Mr. Montesi NOES : None ABSENT : None Discussion held before vote: Councilman Brewer-Requested that the windows be left shut in this house until action can be taken, neighbors have noted an odor coming from the residence. Councilman Strough-Requested that the resolution be changed remove the word demolish add removal or equivalent suitable REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 253 remedy, (page 2 7t" whereas and page 3 end of number 1 and beginning of number 2) Agreed to by the Town Board This will start the Supreme Court Action. Agreed to by both Councilman Brewer and Supervisor Montesi. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE REGIONAL CHAMBER OF COMMERCE & CONVENTION AND VISITOR'S BUREAU RESOLUTION NO.: 325,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 315, 2011, the Queensbury Town Board approved and authorized funding to the Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB) and the Agreement between the Town and LGRCCCVB for tourism promotional and marketing campaign and consultation services through June 30th, 2013, in the amount of$17, 00 per year (June 2011-June 2012;June 2012-June 2013).and WHEREAS, the Town of Queensbury wishes to again enter into an Agreement with LGRCVB for provision of such services through June 30th, 2014, as well as provide additional financial support of the LGRCCCVB's improvements, operating costs and management of the Information Center located between Exits 17 & 18 on I-87, the Adirondack Northway, (Information Center) which will, in part, spotlight and showcase Queensbury businesses.and WHEREAS, such promotion and marketing services will promote the Town of Queensbury and its hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County,and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement(Agreement)entered into between the Town and Warren County,and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board,and WHEREAS,the Town Board wishes to provide funding to LGRCCCVB as follows: • $17, 00 for general tourism promotional and marketing campaign and consultation services through June 30th,2014; • $20,000 for the Information Center for 2013; • $1 ,000 for the Information Center for 2014; with occupancy tax revenues received from Warren County,and REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 254 WHEREAS, a proposed Agreement between the Town and LGRCCCVB has been presented at this meeting, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves and authorizes funding to the Lake George Regional Chamber of Commerce & Convention and Visitor's Bureau (LGRCCCVB) and authorizes the Agreement between the Town and LGRCCCVB substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the additional sum of $20,000 for 2013 and $32, 00 in total for 2014 as delineated in the preambles of this Resolution,to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the Town Budget and/or take any actions needed to provide for such payments,and BE IT FURTHER RESOLVED,that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this stn day of August,2013,by the following vote: AYES Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES None ABSENT: None Discussion held before vote: Mr. Michael Consuelo-Executive Director Lake George Regional Chamber of Commerce — spoke about the information center between Exit 17 and 18 — Welcome Gateway Center to the Adirondacks...travelers are asking what is available to them in the area, places to stay, dine, activities-an opportunity to highlight the Town of Queensbury and other Towns in Warren County. Asking the Town of Queensbury to support the Chamber for promotion and marketing of the region.... Looking to update the site and in summer set hours of operation from 10:00 am to 8PM Monday through Sunday May through October and winter operations Friday through Sunday and during the holidays staffed more aggressively. We want to feature all the towns in Warren County. We average 140 visitors a day....We are out there on the road promoting the area at various trade shows... RESOLUTION SETTING PUBLIC HEARING REGARDING AMENDMENT TO SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.'S REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 255 BUDGET AND FIRE SERVICES AGREEMENT TO PROVIDE FOR ENGAGEMENT OF PACHECO ROSS ARCHITECTS, P.C., FOR PROVISION OF FEASIBILITY STUDY RESOLUTION NO.: 326,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury and the South Queensbun� Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services (Agreement), which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into an` binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make anv improvements that would require the Fire Company to acquire a loan or mortgage or use mone` placed in a"vehicles fund"without prior approval of the Queensbury Town Board,and WHEREAS, the Fire Company wishes to engage the services of Pacheco Ross Architects, P.c., for preparation of a feasibility stud` regarding the Fire Company's station and lot for an amount of$5,000,and WHEREAS, since such expenses are not presently included in the Fire Company's 2013-201 Agreement with the Town, the Town Board wishes to set a public hearing concerning such additional services and expenses and coinciding amendments to the Fire Company's budget and Agreement,and NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board shall conduct a public hearing concerning the proposed increase in the South Queensbury Volunteer Fire Company, Inc.'s budget for the gear 2013 in an amount not to exceed$5,000 for engagement of the services of Pacheco Ross Architects,P.C.,for preparation of a feasibilitv stud`,and the corresponding amendment to the Fire Company's Agreement with the Town for fire protection services, on Monday, August 19th, 2013 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbun%and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. Duly adopted this stn day of August,2013,by the following vote: AYES Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements NOES None ABSENT: None REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 256 Discussion held before vote: Councilman Brewer requested that once the stud` is complete that it is compared to the former Fire Stud` that was done a few`ears ago. RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ASSISTANCE WITH APPLICATIONS FOR FUNDS AND ADMINISTRATION OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS RESOLUTION NO.: 327,2013 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to apply for Community Development funds through the New York State Office of Community Renewal, New York State Affordable Housing Corporation, and others for the purposes of community development improvements for housing, public facilities/services, and/or economic development, and WHEREAS, the Town's Department of Community Development (Department) has informed the Town Board that it will need assistance to complete the funding applications and to administer the funds if awarded, and WHEREAS, the Department prepared a Request for Proposals (RFP) for Community Development Services in accordance with the requirements of 24 CFR Part 85 and forwarded the RFP to eight(8) qualified planning firms, and WHEREAS, the Department reviewed the received RFP's in accordance with the Selection Process and Criteria detailed in §85.36 of the Uniform Administrative Requirements of 24 CFR Part 85 governing procurement standards applicable to federally assisted projects, and WHEREAS, the Department's Senior Planner has recommended that the Town engage the services of Shelter Planning & Development, Inc., in a term contract for a three (3) year period or until July 30, 2016, with specific work tasks and corresponding fees to be authorized via separate contracts, and WHEREAS, by Resolution No.: 216, 2013 the Queensbury Town Board accepted $167,600 in grant funds to be received from the New York State Affordable Housing Corporation (AHC) for the purposes of housing rehabilitation,and WHEREAS, the Senior Planner has recommended that the Town engage the services of Shelter Planning & Development, Inc. to administer such grant funds and provide program delivery services consistent with their proposal, and REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 257 WHEREAS, costs for these services on behalf of the Town shall be provided within the cost limits allowed by the AHC Program, and NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide administration and program delivery services pursuant to the RFP issued on June 19th, 2013, and specifically for the AHC Program grant award, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and agreements in form acceptable to the Town Supervisor, Town Counsel and/or Senior Planner and the Town Supervisor, Town Counsel, Town Budget Officer and/or Senior Planner to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2013 by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 328, 2013 INTRODUCED BY: Mr.John Strough 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 001-1220-4400 Misc. Contractual 5,000.00 001-1990-1010 Contingency 001-3510-1020 ACC)o/t 1,000.00 REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 258 035-8120-4400 Misc. Contractual 035-8110-4130 Town Counsel Retainer 500.00 Duly adopted this 5th day of August, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO. 329,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2014, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board shall hold a public hearing on Monday, August 19th 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2014 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll,and BE IT FURTHER- RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this nth day of August,2013,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES :None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _ OF 2013 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 128 ENTITLED, "HOURS OF USE OF TOWN PARK AREAS" REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 259 RESOLUTION NO.330,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,the Queensbun-Town Board wishes to limit the hours during which individuals may lawfully occupy Town park and recreation areas in order to decrease vandalism, vagranc` and other potentially illegal activities, and WHEREAS,the Town Board has prepared proposed Local Law No.: of 2013 which provides such restrictions, and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board shall hold a Public Hearing at the Queensbun- Activities Center, 742 Bay Road, Queensbun% New York at 7:00 p.m. on Monday, August 19th, 2013 to consider proposed Local Law No.: of 2013 and to hear all interested persons, and at that time may take anv other actions authorized by law concerning proposed Local Law No.: of 2013,and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and post legal notice of the Public Hearing on proposed Local Law No.: of 2013 in the manner provided by law, and shall make a cop` of the proposed Local Law available for public inspection in the Town Clerk's office following the adoption of this Resolution and until the Public Hearing is closed. Duly adopted this 5th day of August,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES : None ABSENT: None LOCAL LAW NO. OF 2013 A LOCAL LAW ESTABLISHING HOURS OF USE OF TOWN PARK AREAS BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: 1. PURPOSE AND AUTHORITY. Town park and recreation areas suffer significant damage from vandalism and other activities conducted after dark and may provide a convenient location for the conduct of illegal activities at that time. The purpose of this Local Law is to limit the hours during which individuals may lawfully occupy Town park and recreation areas in order to decrease vandalism, REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 260 vagrancy and other potentially illegal activities. It is adopted pursuant to New York Municipal Home Rule Law. 2. TOWN CODE AMENDMENT. The Queensbury Town Code is hereby amended to add the following new Chapter 128: CHAPTER 128. HOURS OF USE OF TOWN PARK AREAS Section 128-1. Applicability. This Local Law shall include, but not be limited to, the following existing recreation, park and playground areas as well as any such areas whether established now or in the future, which shall hereinafter be known as "Town Parks": Gurnev Lane Recreation Area Jenkinsville Park Hovev Pond Park Freedom Park West End Park Glen Lake Boat Launch Site Hudson River Park Meadowbrook Preserve Hudson Pointe Preserve Feeder Canal Park The provisions of this Section shall also apply to any parking lot or parking area adjacent to a Town Park. Section 128-2. Town Park Hours. A. Hours of Use. Town Parks, as described in Section 128-1, shall be open to the public daily from dawn to dusk which, for the purposes of this Local Law, shall mean from the time of "apparent sunrise"to the time of"apparent sunset" as the same are shown for a particular date in the National Oceanic and Atmospheric Administration Solar Calculator (see http://www.esrl.noaa.gov/gmd/grad/solcalc/), unless special permission is granted by the Director of Parks and Recreation or the use is for an activity sponsored by the Town. It shall be unlawful for any person other than Town personnel conducting Town business therein to occupy or be present during any hours during which a Park is not open to the public. In addition, any section or part of a Town Park may be declared closed to the public at any time and for any interval of time, either temporarily or at regular or stated intervals. B. Special Permission. Special permission may be obtained from the Director of Parks and Recreation for use of a Town Park before or after the regular hours for specific activities. Whenever any group, association or organization wishes to use a specifically designated area of a Town Park for a particular purpose, such as a picnic, meeting, party or theatrical or entertainment performance, before or after regular Town Park hours, a representative of the group, association or organization shall first apply for and obtain written permission from the Director of Parks and Recreation. The Director of Parks and Recreation may adopt an application form, which may require an indemnity bond or other security to protect the Town from any liability of any kind and REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 261 to protect Town property from damage. The Director of Parks and Recreation shall grant the permit if it appears that the group, association or organization meets all of the conditions contained in the application. Section 128-3. Enforcement; Penalties A. Authorizations. The Director of Parks and Recreation and police officers, recreation attendants, playground directors, park guards, park superintendent, park foremen and other persons designated by the Recreation Commission shall have the authority to enforce the provisions of this Chapter. Such persons shall have the authority to: (i) cause the removal from the Town Park of an`-person acting in violation of this Chapter and (ii) seize and confiscate any article of property brought into a Town Park or used therein in violation of this Chapter and (iii) take such other actions as may be authorized by law. B. Fines; Violations by Minors. Any person violating any of the provisions of this chapter shall be guilty of a violation which shall be punishable, upon conviction thereof, by a fine of fifty dollars ($50) for the first violation, two hundred fifty dollars ($250) for the second violation and nine hundred fiftv dollars ($950) for the third and any subsequent violation. In the event of default in payment of such fine, the violator shall be subject to imprisonment in the Warren Count` Jail for not more than ten(10) days. In the case of action or activity by any minor (herein defined as any person under the age of eighteen (18)`ears),the term "person violating" as set forth in this section shall mean, in addition to such person, the parent, parents or guardian or any other person having lawful custody and control of such minor. Such parent, guardian or person having lawful custody and control of such minor shall be considered separately and individualIv in violation of this chapter. C. Costs. Where such violator has removed, destroved, damaged, defaced or befouled the Town Park or any contents thereof, the cost of maintenance, repair or replacement shall be charged to such person or group in addition to any fine. D. Additional Penalties. Further use of Town Parks may be denied to violators of this Chapter in addition to the imposition of fines and/or costs. 3. SEVERABILITY. The invaliditv of any clause, sentence, paragraph or provision of this Local Law shall not invalidate anv other clause, sentence, paragraph or part thereof. 4. REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. 5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. RESOLUTION SETTING PUBLIC HEARING ON LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO.331,2013 REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 262 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2014, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board shall hold a public hearing on Monday, August 19th 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2014 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll,and BE IT FURTHER- RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this nth day of August,2013,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements NOES : None ABSENT: None RESOLUTION AUTHORIZING EMPLOYEE TO USE ACCUMULATED PAID SICK LEAVE AT COMMENCEMENT OF FAMILY MEDICAL LEAVE ACT (FMLA) PERIOD RESOLUTION NO.: 332,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Town of Queensbury complies with applicable provisions of the Family and Medical Leave Act (FMLA), and WHEREAS, FMLA gives employees meeting eligibility requirements the right to a maximum of 12 workweeks of job protected paid and/or unpaid Leave based on a rolling 12 month period, and REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 263 WHEREAS, the Town of Queensbury's Employee Handbook (Handbook) Section 505 entitled "Family and Medical Leave Act" reflects that FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill and unable to work, and WHEREAS, the Handbook further sets forth that employees are required to exhaust accumulated paid leave (personal, vacation, compensatory) at the commencement of the FMLA period first, with accumulated paid sick leave to be used first only if the leave is for the employee's oivrr illness, with paid leave and FMLA leave to run contemporaneously, and WHEREAS, an employee in the Town's Wastewater Department (Employee), has documented her entitlement to intermittent FMLA leave to care for a seriously ill family member, and WHEREAS, the Employee is a valuable member of the Wastewater Department and is working with the Department Manager to minimize the impact on the Department of the use of FMLA leave, and WHEREAS, the Employee has accumulated a significant amount of paid sick leave and has requested Town Board approval to use such accumulated sick leave first before the use of her other accumulated paid leave (personal, vacation, compensatory), and WHEREAS, the Town's Civil Engineer-Wastewater Director has recommended that the Town Board approve the Employee's request, and WHEREAS, the Town Board wishes to make an exception to its Handbook and allow the Employee to use the accumulated sick leave before the use of other accumulated paid leave (personal, vacation, compensatory) to care for the family member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Employee referred to in the preambles of this Resolution to use accumulated sick leave contemporaneously with approved FMLA leave, to care for their family member, and BE IT FURTHER, RESOLVED, that this Resolution shall not have any precedential value in any matter involving any other employee and the Town reasserts its right to expect its employees to fully abide with the FMLA and Town of Queensbury's Employee Handbook, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 264 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Civil Engineer-Wastewater Director, and/or Budget Officer to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2013, by the following vote: AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR PREPARATION OF MAP, PLAN AND REPORT RELATING TO POSSIBLE NEW SEWER DISTRICT IN VICINITY OF EXIT 18 IN THE TOWN OF QUEENSBURY AND APPROPRIATING FUNDS THEREFOR RESOLUTION NO.: 333,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS,the Queensbury Town Board(the "Town Board") is considering establishing a possible new sewer district in the vicinity of Exit 18 in the Town of Queensbury (the "District") in accordance with Article 12-A of New York Town Law,and WHEREAS, the Town of Queensbury's Civil Engineer-Wastewater Director has requested Town Board authorization to engage the services of The Chazen Companies (Chazen) for a sum not to exceed $9,500 in accordance with Chazen's July 16th, 2013 proposal submitted at this meeting, for Chazen's assistance in preparing a Map,Plan and Report in support of establishment of the District, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Civil Engineer-Wastewater Director to engage the services of The Chazen Companies for an amount not to exceed $9,500 in accordance with Chazen's July 161h, 2013 proposal submitted at this meeting, for Chazen's assistance in preparing a Map, Plan and Report in support of a possible new sewer district in the vicinity of Exit 18 in the Town of Queensbury, and upon completion thereof to file the Map, Plan and Report in the office of the Queensbury Town Clerk,and BE IT FURTHER REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 265 RESOLVED, that payment for The Chazen Companies' services shall be paid from Account No.: 001-1440-4720 and may be reimbursed as a cost of the improvement to the extent designated by the Town Board if the District is established,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 payment,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Civil Engineer-Wastewater Director and/or Town Budget Officer to take any other 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 shall not take effect until such time as provided therein, and the Town Board authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law for Resolutions subject to permissive referendum. Duly adopted this stn day of August,2013,by the following vote: AYES Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer NOES None ABSENT: None Discussion held before vote: Councilman Strough requested that the agreement read as follows: add to page two first paragraph discuss potential zoning changes and variances. Agreed to by Councilman Brewer and Councilman Strough RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF MASSACHUSETTS LIFE INSURANCE COMPANY (MASS MUTUAL) TO CONTINUE AS ADMINISTRATOR FOR TOWN OF QUEENSBURY'S DEFERRED COMPENSATION PLAN RESOLUTION NO.: 334, 2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Finance Law §5 and the New York State Deferred Compensation Board Regulations, the Queensbury Town Board previously adopted and currently administers the Deferred Compensation Plan for Employees of the Town of Queensbury,and REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 266 WHEREAS, by Resolution No.: 470.2008, the Queensbury Town Board selected The Hartford Life Insurance Company and Reliance Trust Company as the Deferred Compensation Plan Administrators pursuant to Section 9003.2 of the Rules and Regulations of the New York State Deferred Compensation Board for a five year contract period with the Town's contract to expire on January 15t, 2014, and WHEREAS, the Massachusetts Life Insurance Company (Mass Mutual), acquired The Hartford's Retirement Plans Group effective January 1s`, 2013, and Mass Mutual has been appointed by The Hartford to provide all administrative series necessary to support the contract,and WHEREAS, in accordance with Section 9003.5(b) of the Rules and Regulations of the New York State Deferred Compensation Board, the Town of Queensbury may extend, in writing, by a vote duly taken, any contract or agreement entered into an administrative services agency for a period having a duration of one (1)year twice upon the expiration of the initial term of such contract or agreement, and WHEREAS, the Town's Deferred Compensation Plan Committee has recommended that the Town Board exercise the one (1) year extension and then in 2014, move forward with preparation of a Request for Proposals for the selection of an administrative services agency of the Town's Deferred Compensation Plan, and WHEREAS, the Queensbury Town Board finds it to be in the best interest of the Plan to extend the agreement with Mass Mutual for a period of one (1) year from the date of expiration of such agreement's initial five (5) year term for reasons which include, but are not limited to: the Town's desire to allow sufficient time to see how the new relationship with Mass Mutual will proceed in an attempt to provide less disruption to employees, the preservation of the stability of the Plan's administration, recordkeeping and account maintenance; compliance with pending reporting requirements; and the determination to develop thorough internal procedures for the solicitation and prudent evaluation of competitive proposals in accordance with Section 9003.3 of the Rules and Regulations of the New York State Deferred Compensation Board prior to such solicitation, in order that the Town of Queensbury may act with care, skill, prudence and diligence under the circumstances, such procedures to include the establishment of an advisory committee to include Town of Queensbury administrative personnel and representatives of the Town of Queensbury's employee organizations, NOW,THEREFORE, BE IT RESOLVED, upon due deliberation, that the Queensbury Town Board hereby extends for a period of one year from its expiration date, or through January 1, 2015, with the administrator's consent, the selection and agreement with The Massachusetts Life Insurance Company(Mass Mutual)to act as the Town of Queensbury Deferred Compensation Plan Administrators, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 267 RESOLVED, that the Town Board authorizes and directs the Chairperson of the Town of Queensbury Deferred Compensation Committee to make, execute, and deliver all documents necessary to effectuate the contents of this Resolution and the Town Supervisor, Town Budget Officer and/or Chairperson to take any actions necessary to further effectuate the terms of this Resolution. Duly adopted this 5th day of August, 2013, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES None ABSENT: None RESOLUTION SUPPORTING THE CITY OF GLENS FALLS' SUBMISSION OF CONSOLIDATED FUNDING APPLICATION REQUESTING GRANT FUNDS FOR INITIAL PLANNING/ENGINEERING OF CLEAN WATER STATE REVOLVING FUND (CWSRF) (SEWER) WATER QUALITY PROJECTS RESOLUTION NO.: 335,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, New York State has established a consolidated grant application process providing communities with a single application process to access multiple grant programs and financial resources, and WHEREAS, the New York State Department of Environmental Conservation (DEC) in conjunction with the New York State Environmental Facilities Corporation (EFC) will offer grants to municipalities to help pay for the initial planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects, and WHEREAS, the CWSRF Engineering Planning Grant will assist municipalities facing economic hardship with the engineering and planning costs of CWSRF-eligible water quality project, and WHEREAS, grants of up to $30,000 (with a 20% required local match) will be provided to finance activities including engineering and/or consultant fees for engineering and planning services for the production of an engineering report, and WHEREAS, the Consolidated Funding Application (CFA) process has a deadline of August 121H 2013 to apply for grant assistance for water and sewer infrastructure grants, and WHEREAS, the City of Glens Falls (City) intends to submit an application to address projects which are part of the City Combined Sewer Overflow, Long Term Control Plan (CSO-LTCP), and REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 268 WHEREAS, the City has identified Ridge Street storm and sanitary sewer repairs and improvements as a priority project to be addressed as part of the City's CSO-LTCP, and WHEREAS,the Town supports the City's efforts, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board supports the City of Glens Falls' submission of a grant application through the CFA process requesting grant funds for preparation of an engineering report that addresses the Ridge Street Storm and sanitary sewer deficiencies which are part of the City's CSO-LTCP, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to the Mayor of the City of Glens Falls. Duly adopted this 5th day of August, 2013, by the following vote: AYES Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES None ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF JULY 24TH, JULY 29TH AND AUGUST 5TH, 2013 RESOLUTION NO.: 336,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve three (3) audits of bills presented as Warrants with run dates of July 24th, 2013, July 29th, 2013 and August 1St, 2013 and payment dates of July 24th,2013,July 29th,2013 and August 6th,2013,respectively, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrants with run dates of July 24th, 2013, July 29th, 2013 and August 1St, 2013 and payment dates of July 24th, 2013, July 29th, 2013 and August 6th,2013 totaling$304,121.36, $866.7 and$814,421.84, respectively, and BE IT FURTHER REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 269 RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this stn day of August,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) Ms. Jennie Governelli-Cousineau - of Twicwood and also introduced Kimberlie Fanciullo of Twicwood Reviewed the history of the Great Escape...they are now having fire works eight nights Friday and Saturday...the fireworks rattle the windows shakes the house and my children cannot sleep until they are over...it is excessive....when you make considerations for people who are choosing to do things like this and businesses you really need to take into account what kind of noise does that factor in and would I want that around where I live. Last year you approved the chainsaw artist on Route 9 and we hear chain saws all day...people in South Glens Falls can hear the fireworks...it impacts a large area. Supervisor Montesi-A year ago there were only four... Ms. Governelli Cousineau -There are more than eight because they did it at the beginning, Americade, now these eight times and another time between Americade and the eight times. Fourth of July, fine, Americade, opening and closing I get three or four times...requested that the site for firing off the fireworks be changed. Invited the Town Board to come to their house and listen to the event from 9:15 to 9:30 pm. Councilman Strough-The three or four times they have done it in the past was acceptable but the number of times that they are doing it this year has gone beyond acceptable. Councilman Brewer-We never envisioned the problem that is happening now... Supervisor Montesi-I will visit this week with the Great Escape folks... Councilman Metivier-I met with Eric this past week to get an idea what has changed, they were going to try this past week to reposition from where they set them off from, it is now at the back of the park closest to Glen Lake. We will evaluate this for future consideration. Supervisor Montesi-You have one more week to put up with it and then we can control this ... REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 270 Mr. Pliney Tucker-41 Division Road Questioned engaging a company for sewer extension at Exit 18 don't you have to have a public hearing? Supervisor Montesi-We are doing a map, plan and report which says how much it is going to cost, what the sewer district should look like, when we get done and we go to the people in that district and they vote on it, we get paid back the ninety five hundred dollars that we spent for the study. So, it doesn't cost the taxpayers any dollars to do the map, plan and report. Exit 18 is a busy area, the industrial park has not gone anywhere because there are no sewers in it and the Hudson Headwaters Medical Center also. That is the reason behind it. Mr. Tucker-We just did a road job there didn't we put a sewer line in? Councilman Brewer-Yes but it only goes to Stewarts it ends right there. We are trying to plan for the future. Mr. Tucker-The Governor appointed our DA to a Board to look at fraud in government. Supervisor Montesi-It was Ethics, yes he did. Mr. John Salvador- • Re: Letter directed to the Zoning Administrator— informed that the Town of Lake George has ceased to participate in the Lake George Park Commissions review and approval process for Boat Docks and Boat Houses because the state owns title to the bed of the lake. A determination of the Supreme Court local government has no jurisdiction on the navigable waterway. Noted the August agenda for the Planning Board includes a site plan approval of a sun deck on an existing dock on the State waterway in the Town of Bolton. We have no jurisdiction. • The ZBA vote on Flower Square variance request 7/24 was for naught because the declaration of no County impact was not on file and will not be until later this week. The ZBA will again vote on the project variance request on 8/2151 • SEQRA Type I The Planning Board needs to address several issues - question #3 Will the proposed action impact any water designated as protected. Of course that is the Hudson River the answer should have been yes but it was no. question # 5 Will the proposed action affect surface or ground water the answer should have been yes, it was no. I explained my understanding of how raw sewage from the Quaker Road sewer district and its extensions finds its way to the Hudson River. This is Queensbury's raw sewage. Attorney Fuller stated that the neg dec. was a long time ago and it is binding. It is my understanding is the work has not been completed there is no basis to conduct a SEQRA review. • The SEQRA review was out of order it cannot be done until the ZBA completes the hearing process. Councilman Clements-The Zoning Board opens the public hearing, they have the public hearing after it is closed they do the SEQRA and then they vote on the variance that is the process the Zoning Board goes through. REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 271 Supervisor Montesi-This has been a confusing situation here but we did vote and it is a nullity it probably is because they are going to vote again next week. Mr. Salvador- • A long term ZBA member choice to set and hear the Fowler Square Deliberation but when asked by the Chairman on the thoughts on the project, stated I would like to wait and hear the rest of the Board. Came back to her and she responded I am a resident of Bay Bridge and I don't want to recuse myself but I will pass on the vote. I find this highly irregular. It should be done before deliberation. Supervisor Montesi-You are right. Mr. Salvador-Objected to the Chairman polling the Board. Mrs. Kathleen Sonnabend- • Reviewed the Fowler Square file boxes of the Planning and Zoning Board- neither box held my 2012 letter raising the sewer capacity problems. • Dismayed that one member of the special joint committee believes there is no concern over the Bay Road sewer because the Meadowbrook pump station has sufficient capacity. Noted the Willow Brook pump station is limited and that the developer stated Fowler Square will use up the remaining capacity of Willow Brook. I have yet to find the developers answer to the towns request for the sewage estimate to be generated by Fowler Square. I have not seen a real sewer study for this project. (letter presented to Town Clerk January 6, 2011-Cedar Court Homeowners Association) terminating interest in establishing a sewer district for Cedar Court at this time, with option to hook up to municipal system for the future. You cannot expect a homeowner association with most members retired and living on fixed income to also bear the cost of a pump station upgrade. None of the Bay Road properties considered when the Town purchased the excess capacity should be required to incur the extra expense of pump station upgrades, because Fowler Square wants to steal allocation intended for others. Supervisor Montesi-In order for Cedar Court to get to the pump station they would have had to build a pipe all the way down Bay Road, who built that pipe on Bay Road? The guy on the corner put that pipe in. That made it cheaper for Cedar Court if we wanted to put them in a district. The pump station is going to get expanded, for just what is on Bay Road. There is no promise from this Town Board or any previous ones to say Cedar Court has a right to any capacity. The study used your numbers as a guide there is no promise that you were going to get there. Ms. Sonnabend- • No, that is not accurate. • The Comprehensive Land Use Plan said there shall be no multifamily development on Bay Road until there is a sewer. REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 272 Councilman Brewer-What is the issue. Do you want to be in the district? Ms. Sonnabend- • No. I am objecting to the fact that the Town in changing the code in 2007 and now even worse this variance for Fowler Square, because Schermerhorn and Valenti their extra property is like Schermerhorn building apartments where he was originally going to build offices, that was part of the code he didn't need a variance to do that. But Fowler Square got a huge variance that is setting a precedent that not only they are going to be using up what is left of the excess capacity according to their own attorney's statement. But now any other developer that comes along and wants to build out and ignore the three hundred foot setback for multifamily is going to make the problem worse. I want the Town to deal with this and not kick the can down the road. What I objected to when you kept saying that's too bad for Cedar Court I am not just here for Cedar Court I am here all the properties along Bay Road that have not had to hook up yet and are going to be facing an expensive project just because Fowler Square wanted to cram as many apartments as possible onto that property. • Requested that the Town Board do a sewer study now so the Planning and Zoning Board can make more appropriate development decisions in the future. • The Neg. Dec. made by the Planning Board on April 23rd was wrong and should be redone. • The developer's traffic study ignored the impact of the ACC dorms and the Schermerhorn and Valenti apartment projects underway. • Presented two letters to be given to the Town Planning and Zoning Boards ( Itr dated Dec. 12, 2012 and August 5t" 2013 from Ms. Sonnabend ) and the Ltr. of Jan. 6 from Cedar Court Homeowners Association. • Questioned the Zoning Administrator's apparent decision to list the re-vote on the 21St. of the ZBA as an administrative item with no public hearing. Councilman Strough-1 understand your concerns about the sewer but we are also awaiting an analysis by our wastewater supervisor who is an engineer Ms. Sonnabend- • I was talking to Chris about that and I do not think from his comments that he made to me that he has looked as carefully at the history as I have. His comments to me seemed to indicate that he does not think the town has any responsibility toward the property owners on Bay Road, and it is our tough luck if we wanted to have REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 273 sewers and sidewalks we should live in Glens Falls. Well, that is not the kind of answer you give. The people that live in these developments are elderly on fixed incomes they cannot afford twelve hundred dollars a year on sewer taxes. I hope I misunderstood his comments and that he has got a good report coming. Mr. John Salvador- December 14, 2011 the Warren County Planning Board denied this project. Concerns: Phasing, intended uses other than what is listed. 5.0 CORRESPONDENCE NONE 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER WARD 1 • Thanked all who helped clean up the lake on Saturday...Cleverdale, Rockhurst area six bags of garbage was picked up on the lake bottom alone... COUNCILMAN CLEMENTS WARD II • Stormwater problem-Dix Avenue and the Boulevard specifically on Phillips and Lynn Street - have spoke with the Highway Supt. and his deputy and met with the Town Engineer Dan Ryan and the property owner Mr. Rivers...The Town Engineer thought he could devise a cost effective plan to help control the situation and he should be getting back to me, Ron and Mike this week. • Resident complaint regarding noise and tractor trailers on connector street between Foster Avenue and Price Chopper. I will call on the Price Chopper Officials regarding their policies. I asked the resident to compose a letter regarding the situation to Supervisor Montesi and myself. • Met with Larry Brown of Jerry Brown's Auto Parts Center to review the new construction they are doing there. Received a call from a neighbor regarding the project, I have to say that Mr. Brown runs an extremely clean and environmentally safe business and have proven on several occasions of being a good neighbor. I will contact the neighbor to explain the project. COUNCILMAN STROUGH WARD III- • Noted that the Auto Center has received national awards. • Spoke on the various activities held by the Queensbury Senior Citizens- they have recently hit one thousand active members- Call 761-8224 COUNCILMAN BREWER WARD IV- REGULAR TOWN BOARD MEETING 08-05-2013 MTG#30 274 • New McDonalds is ready to open and we are going to see Ronald McDonald tomorrow night...lot of new business near Exit 18 new bank etc. Councilman Strough-noted Wendy's and Burger King are in the process of remodeling SUPERVISOR MONTESI- • Councilman Brewer and I will be at the opening of the McDonalds tomorrow at 5:00 P.M. • Councilman Strough is doing a great job on the Rush Pond Trails it is a beautiful trail. • Saturday we are going to be at Dunhams Bay to meet with the residents-septic tank project-we can pump out the tanks with a hundred thousand dollar grant...photos were taken of the algae growth and there was a record search done at the town regarding septic system, noted 50% of the homes on Dunhams do not have any record of what is in the ground...this may help in keeping the lake clean. • Considering legislation that before you sell your house you have to get it inspected that you have a septic tank.. • Thanked the Sponsors and Look TV RESOLUTION ADJOURNING TOWN BOARD MEETING RESOLUTION NO. 337.2013 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 adjourns its Town Board Meeting. Duly adopted this 5t" day of August, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None Respectfully, Miss Darleen M. Dougher Town Clerk-Queensbury