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2013-09-09- Mtg 35 REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 345 REGULAR TOWN BOARD MEETING MTG#35 RES#358-372 BOARD MEMBERS PRESENT B.H. 21-22 SUPERVISOR RONALD MONTESI COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN ANTHONY METIVIER TOWN OFFICIALS DIRECTOR OF BUILDING AND CODES, DAVE HATIN CIVIL ENGINEER, CHRIS HARRINGTON PRESS POST STAR, LOOK TV COUNCILMAN CLEMENTS-Wednesday is the twelfth Anniversary of the attacks on 911. Recognized the first responders still here and now deceased for their unselfish acts of heroism and their families for their sacrifices. Expressed gratitude to the men and women of our Armed Forces and their families for their sacrifice and exceptional service to our Country. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR MONTESI-Opened meeting. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 358, 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 from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 91" day of September, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 346 ABSENT: Mr. Metivier CONTINUATION OF PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF H. THOMAS JARRETT PUBLICATION DATE: AUGUST 9, 2013 THOMAS JARRETT PRESENT SUPERVISOR MONTESI-John and I toured the site there was some concerns about this intermediate stream and how it would affect the home that you want to build off of the rear road of the subdivision, John and I actually could not find that stream. The following day you went out with me and showed me where it was it really is an intermediate stream there was not any water in that that I could tell; in any event we did make that effort. MR. JARRETT-I know you were disappointed you brought your fishing rod hoping to do a little trout fishing and didn't find it. Just to refresh the board this is a sixteen acre parcel it is proposed to be subdivided into three parcels. There are a number of acres of Core of Engineers wetlands on the property there are no DEC wetlands. As you know, I am questioning the need for variances to Core of Engineers wetlands, but that is another question for another day all together. In order to support these three lots we need two variances, two setback variances, to the core wetlands one of fifty nine and one of sixty eight feet on two of three lots. We are more than a hundred feet from the intermittent stream that is a question here that we discussed last meeting. I think that we had resolved all the other technical questions that you had I do not know if you have developed any new ones in the interim, but I will leave it to the board for questions. COUNCILMAN STROUGH-1 walked the property I walked the property with Ron and Ron walked the property three times neither of us found anything that would be described as a wetland. There may be times when this area and parts of it are wet I think you took that into account as you designed the program and you designed your storm water. MR. JARRETT-I would agree we could get into the technical discussion why it is a wetland, but there is no real surface water on the property except for that one intermittent stream. COUNCILMAN BREWER-That is only in the spring pretty much? MR. JARRETT-It flows at least two seasons of the year maybe three, but it doesn't flow in a dry summer. COUNCILMAN BREWER-1 don't have any issues with it. SUPERVISOR MONTESI-Is there any comments from the public? REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 347 NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING H. THOMAS JARRETT'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 21,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, H. Thomas Jarrett filed an application for variances from provisions of the Town of Queensbun,On-Site Sewage Disposal Ordinance, 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.and WHEREAS,the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted public hearing concerning the variance requests on Monday,August 19th and Monday, September 9th,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 the applicant;and REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 348 BE IT FURTHER- RESOLVED, that the Local Board of Health hereby approves the application of H. Thomas Jarrett for variances from the Sewage Disposal Ordinance 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 Queensbun� and bearing Tax Map No.: 290.-1-83. Duly adopted this Stn day of September,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES : None ABSENT: Mr. Metivier RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 22, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 9t" day of September, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Clements NOES: None ABSENT:Mr. Metivier 2.0 PUBLIC HEARINGS REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 349 CONTINUATION OF PUBLIC HEARING PACHECO ROSS ARCHITECTS, P.C. FOR PROVISION OF FEASIBILITY STUDY BY SOUTH QUEENSBURY FIRE COMPANY AND CORRESPONDING AMENDMENT TO BUDGET AND FIRE SERVICE AGREEMENT PUBLICATION DATE: AUGUST 9, 2013 COUNCILMAN STROUGH-Brian and I sat down and we spoke to the leadership of South Queensbury and came to the agreement that what we want to do is in total agreement with both parties this Town Board as well as the leadership of South Queensbury Fire Department. We worked out what needed to be done and we worked out an arterial alternate arrangement. We would see if we could get an independent analysis of the building say from the Town Engineer, Vision Engineering. We are going to work on that they agreed to work on that we do not know a price or anything else at this point. The previous public hearing and the issue that was up there is kind of a moot point at this point. COUNCILMAN CLEMENTS-One of the reason we did this is so that we wouldn't have the same company doing the assessment then doing the architectural design. SUPERVISOR MONTESI-That was a point that the public made and had some concerns about I think we are solving that problem. COUNCILMAN STROUGH-We are going forward. PUBLIC HEARING CLOSED - NO ACTION TAKEN PUBLIC HEARING MODIFICATION OF JUNKYARD LICENSE FOR JERRY BROWN AND SBLB PROPERTIES II, LLC PUBLICATION DATE: AUGUST 30, 2013 ATTORNEY JOHN LAPPER AND LARRY BROWN, PRESIDENT OF JERRY BROWN AUTO PARTS PRESENT ATTORNEY LAPPER-Good evening everyone, I know that you are all familiar with the facility. This is really an asset to the Town of Queensbury because of the way Jerry Brown handles this. It is a dismantling and recycling operation it is a facility that DEC looks to as an example as to how these facilities should be run. All fluids drained from the vehicles before they are put into storage. The cars are dismantled and sold basically on the internet and delivered by UPS a very clean operation. This new facility next door is to expand operations they already have fifty two employees Larry is hoping in the next five years he will have ten more employees. This is a twenty six thousand square foot indoor building along Warren Street, which will allow for storage of the most valuable parts and then a yard in the back in compliance with Town requirements with a fence. This has all been approved by the Town Planning Board storm water etc., not a change of what they are doing now in terms of operations, but just a nice expansion. REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 350 COUNCILMAN BREWER-John is there any reason I am sure there probably is if you haven't done it a reason not to combine the properties into one tax map number? ATTORNEY LAPPER-Really just that one was owned by Dad and then Larry and his brother bought the other one. Eventually we may get there, I guess for that reason the permit should probably be in the name of Jerry Brown Auto Parts the company because they are operating the whole thing. COUNCILMAN BREWER-That's fine I was just curious. ATTORNEY LAPPER-We set it up with the property owners, but Larry hopes that at some point we will be able to combine, but it is separate so far of one operation. COUNCILMAN BREWER-A very clean operation I will add. I did go down there we had a tour thank you Larry I was quite impressed. If anybody gets a chance and wants to go down and see how it is done I am sure five bucks will get you in the door for a tour. COUNCILMAN STROUGH-1 think it looked like a NASCAR garage it is immaculate. COUNCILMAN CLEMENTS-1 thank you for the tour also. MR. BROWN-You are very welcome. COUNCILMAN CLEMENTS-1 had a question, I have a couple questions. I am going to bring a letter up that a lady has sent me for the public hearing. There were two things that she was worried about. One was storm water runoff did not know how high it was going to be built up there. The other was a buffer between what is being cleared out now and the house behind it maybe you could just talk about that a little. ATTORNEY LAPPER-There is a buffer that is required it is on the approved site plan. It is a hundred feet from the property line to the fence to where the yard will be. There is also no cut along the edge where there are existing trees so within that hundred feet the trees that are along the edge. The woman whom you are speaking of is a resident in a commercial zone, which is unfortunate. The plans were carefully done and reviewed by the Planning Board to create that buffer of a hundred feet. The storm water has all gone through the Town Engineer and has received approval and the eight foot fence. SUPERVISOR MONTESI-Eight foot fence, yeah any other questions. COUNCILMAN CLEMENTS-1 was going to wait until the public hearing to read the letter, I guess right. SUPERVISOR MONTESI-Are there any comments from the public? PUBLIC HEARING OPENED REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 351 COUNCILMAN CLEMENTS-Read the following letter into the record. To The Queensbury Town Board: To Whom It May Concern: My name is Nanette Rushlow and I own the residential home at 1 Highland Avenue. This has been my home for the past 60 years this is my neighborhood where I grew up, went to school, got married, and had my children. This was a family community growing up with the Sullivan's, The Olson's, The Bankoski's. My father, brother, and husband all worked at the Imperial Paper Hercules and last known Ciba Geigy. I'm voicing my opinion 1 Highland Avenue is my home and it is my livelihood. This is my pension, my retirement plan without this home I would have to live on one very small social security. (not good) I have people living there that work and have to sleep with all the construction going on, it has created a noisy and dirty environment. I pay every spring to have my house washed. I also keep things neat and clean. The clear cutting has taken away what woods and privacy I had. It has made the junkyard visible from my back yard. The bulldozers are 70 feet from my home. What are you going to do for a buffer? When you bring in fill and raise the land, I will be setting in a very wet spot. I'm worried about the storm water runoff. This area is zoned "light industrial" and what about the setbacks? Very Concerned, Nanette Rushlow, September 4, 2013 MR. BROWN-1 did speak with her almost a month ago. I assured her, I showed her the plans that we were doing she wrote that letter afterwards. It is a residence, but it is a two family home as well so she is renting it out she is not living right there. We talk to her to ease her concern and offered to buy the house from her if she was interested in selling it. COUNCILMAN CLEMENTS-Okay. MR. BROWN-We did make her an offer that was quite a bit more than what it is assessed for and when she came to see me she asked me to up the offer. I told her it's her home I am not going to put another value on it if she would like to counter the offer that we made her we would be more than willing to entertain it and never heard back from her. COUNCILMAN CLEMENTS-1 will relay that to her, thank you. MR. BROWN-We did make an offer on it I would be willing to entertain buying it, but obviously there is a value of what it is worth and we already offered quite a bit more than what it was worth to buy it from her. SUPERVISOR MONTESI-More than what it was assessed by the Town. ATTORNEY LAPPER-Double what it was assessed. MR. BROWN-Almost double. COUNCILMAN CLEMENTS-1 told her I would read this to get this on the record. ATTORNEY LAPPER-We understand her concerns because she has a house that is in the middle of a nonresidential area. REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 352 MR. BROWN-The only other thing that I would like to bring to the Town's attention is I think our family over the past we have been at that location since 1980 and I think that every year that somebody goes by our company no matter what I think we do our best to keep it very clean, neat and organized. We are constantly making improvements to the outside no matter what whether we are having a very very good year or an average year. We always have put emphasis on keeping a very very neat clean facility and something that looks nice as you drive by. I feel personally a little bit of a bias opinion, but when you drive down Warren Street I think that our company is one of the best looking businesses on that end in Queensbury on Warren Street. SUPERVISOR MONTESI-As far as power washing your house it certainly isn't your fault there are other large industries that... MR. BROWN-1 wasn't going to bring that up, but we have to power wash our company a lot, too. SUPERVISOR MONTESI-You are right I can recall days gone by before the Hannaford was on Broad Street in Glens Falls there was a junkyard that was a horrible mess, but anyway. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING MODIFICATION OF JUNKYARD LICENSE FOR JERRY BROWN AND SBLB PROPERTIES II, LLC RESOLUTION NO.359,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with Queensbun- Town Code Chapter 102 entitled, "Junkyards," the Queensbun� Town Board previously approved a Junkvard License to Jem- Brown for Jem- Brown's Auto Parts located on Lower Warren Street in the Town of Queensbury known as Tax- Map Parcel No.: 303.19-1- 49(Junkvard)and each gear an inspection has occurred at such facilitv and a renewal of the Junkvard License has been issued,including on June 22,2012,and WHEREAS,by application and letter to the Town Supervisor dated Jul` 31St, 2013, Jem-Brown and SBLB Properties II, LLC (Applicants) have advised the Town that over the last few`ears, SBLB Properties LLC, an entity owned by Steven Brown and Lam- Brown, has acquired several parcels immediately surrounding the parcel on which the Junkyard operates,known as Tax-Map Parcel No.'s: 303.19-1-48, 50, 51 and 58, and the Applicants have applied for a modification to the existing Junkyard license in order to construct a building on one of these vacant parcels and expand the Junkyard to include such parcels,and REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 353 WHEREAS, the Applicants received all necessary approvals regarding this proposal from the Town's Zoning Board of Appeals on Jul` 25th, 2012 and from the Town's Planning Board on August 21, 2012,and WHEREAS, before the Town Board may approve the requested modification to the Junkyard License, it must first conduct a public hearing and the Town Board duly held such public hearing on Monda`, September 9th,2013 and heard all interested persons, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby approves Jem-Brown and SBLB Properties II, LLC's application for modification of a Junkyard License relating to Jerry Brown's Auto Parts located on Lower Warren Street in the Town of Queensbun� (Tax Map Parcel No.: 303.19-1-49)to allow expansion of the Junkvard to include several parcels immediately surrounding the parcel on which the Junkyard operates, known as Tax Map Parcel No.'s: 303.19-1-48, 50, 51 and 58, and construction of a building on one of these vacant parcels,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town Zoning Administrator/Code Compliance Officer and/or the Director of Building and Codes Enforcement to take any actions necessary to advise the Applicants of such approval and effectuate the terms of this Resolution. Duly adopted this Stn day of September,2013,by the following vote: AYES : Mr. Brewer,Mr. Montesi,Mr.Clements,Mr. Strough NOES : None ABSENT :Mr. Metivier 3.0 PRESENTATION — NYS TAXATION AND FINANCE — STAR PROGRAM ROBERT AIKEN, OFFICE OF REAL PROPERTY TAX SERVICE Mr. Aiken explained the process for the Star Registration Program noting that new legislation requires all homeowners who receive the Basic Star exemption to register with the Tax Department in order to receive the exemption in 2014 and beyond. Senior Citizens receiving Enhance Star exemption are not impacted by this legislation. All property owners with questions should call the following number (518) 457-2036 Monday through Friday from 8:30 a.m. to 8:00 p.m. and Saturday from 9:00 a.m. to 1:00 p.m. Online registration available through website www.tax.ny.gov 4.0 RESOLUTIONS REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 354 RESOLUTION REAPPOINTING STEPHEN BORGOS TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.360,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS,the Town of Queensbury has previously established the Town of Queensbun-Board of Assessment Review in accordance with the New York State Real Property Tax Law,and WHEREAS, the term of Board of Assessment Review Member Stephen Borgos will expire as of September 30th, 2013 and Mr. Borgos has expressed interest in being reappointed to the Board for a new five (5)year term, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby reappoints Stephen Borgos to serve as a member of the Queensbury Board of Assessment Review with his term to expire September 30th 2018 in accordance with New York State Real Property Tax Law §523. Duly adopted this Stn day of September,2013,by the following vote: AYES Mr. Montesi,Mr. Clements,Mr. Strough,Mr. Brewer NOES None ABSENT:Mr. Metivier RESOLUTION APPOINTING SCOTT SORGER TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO.361,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbun- Board of Assessment Review in accordance with applicable New York State law,and REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 355 WHEREAS, Paul Davidson recently resigned from the Town's Board of Assessment Review and therefore the Town Board wishes to appoint Scott Sorger to complete Mr. Davidson's unexpired term of office, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun-Town Board hereby appoints Scott Sorger to serve as a member of the Town of Queensbury Board of Assessment Review with his term to expire September 30th, 2015 in accordance with New York State Real Property Tax Law §523. Duly adopted this Stn day of September,2013,by the following vote: AYES Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES :None ABSENT:Mr. Metivier RESOLUTION AUTHORIZING ESTABLISHMENT OF WATER TREATMENT PLANT OPERATIONS ENGINEER POSITION AND HIRING OF ALEXANDER BENWAY IN SUCH POSITION RESOLUTION NO.: 362,2013 INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, upon the recommendation of the Town of Queensbun-'s Water Superintendent, the Queensbun, Town Board wishes to establish the full-time position of Water Treatment Plant Operations Engineer in the Town's Water Department,and WHEREAS, the Warren Count` Department of Personnel and Civil Service has reviewed the proposed job duties for the position and has determined that Water Treatment Plant Operations Engineer is the most appropriate title for the position,and WHEREAS, the Water Superintendent has advised that Alexander Benway has the required qualifications and therefore the Water Superintendent has recommended the hiring of Alexander Benway as REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 356 Water Treatment Plant Operations Engineer on a provisional basis until such time as Mr. Benwav meets all Civil Service requirements for the position,and WHEREAS,the Town Board wishes to establish the position and authorize the requested hiring, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the establishment of the position of Water Treatment Plant Operations Engineer in the Town's Water Department and the 2013 salary for such position to be$62,000 per gear,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the hiring of Alexander Benway as Water Treatment Plant Operations Engineer effective on or about September loth,2013 on a provisional basis until such time as Mr. Benwav: 1) meets all Civil Service requirements for the position, 2) passes a pre- emplo`ment physical as required by Town Polic`; and 3) completes an eight (8) month probationar- period, and contingent upon the Town successfully completing background checks as reasonably 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 hereby authorizes and directs the Water Superintendent, Town Supervisor and/or Town Budget Officer to complete and file any documentation needed to establish this position and take such other and further action necessan� to effectuate the terms of this Resolution. Duly adopted this Stn day of September,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES : None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF JOSEPH QUINTAL AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.363,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 357 WHEREAS, the Town of Queensbury's Water Superintendent has advised the Town Board that he would like to add a full-time Laborer position in the Water Department,and WHEREAS, by Resolution No.: 1 0,2013, the Queensbury Town Board authorized the hiring of Joseph Quintal as a Temporary,Full-Time Laborer to work for the Town Water Department,and WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, and has recommended that the Town Board authorize the hiring of Joseph Quintal in the full-time Laborer position,and WHEREAS, Town Policv requires that familial relationships must be disclosed and the Town Board approve the appointment of Town employees' relatives, and Joseph Quintal is the son of Margaret Quintal,Town Court Clerk, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the hiring of Joseph Quintal as a full-time Laborer in the Town's Water Department effective on or about September loth 2013 subject to Mr. Quintal's passing of a pre-employment physical as required by Town Policy and completion of an eight (8) month probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening,and BE IT FURTHER RESOLVED, that Mr. Quintal shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association,and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this Stn day of September,2013 by the following vote: REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 358 AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Clements NOES : None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING ACCEPTANCE OF LANDSCAPE PROPOSAL OF VOLT LANDSCAPE & IRRIGATION CO., INC. -RUSH POND BIKE TRAIL RESOLUTION NO.: 364,2013 INTRODUCED BY: Mr.Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, Ward III Councilman John Strough has requested Town Board approval to accept the Landscape Proposal of Volt Landscape &Irrigation Co., Inc., (Volt) for work at the Rush Pond Bike Trail in the amount of$8,440 as set forth in Volt's Proposal presented at this meeting,and WHEREAS,the Town Board wishes to waive the Town Purchasing Policy's two(2)quotes and self- imposed bidding requirement in this instance,and WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW,THEREFORE, BE IT RESOLVED, the Queensbun� Town Board hereby waives its requirement under the Town of Queensbun's Purchasing Policy for two (2) written quotes for purchases over $2,500 and the need to competitively bid for purchases over$10,000,and BE IT FURTHER RESOLVED, that the Town Board hereby approves and authorizes the engagement of Volt Landscape&Irrigation Co.,Inc., for work at the Rush Pond Bike Trail in the amount of$8,440 as set forth in Volt's Landscape Proposal presented at this meeting,to be paid for from the Rush Pond Capital Project Fund 4166,and BE IT FURTHER REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 359 RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2013 Town Budget and/or take any actions as may be necessary to provide for payment,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Ward III Councilman John Strough and/or the 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 September,2013,by the following vote: AYES : Mr. Brewer,Mr. Montesi,Mr. Clements,Mr. Strough NOES : None ABSENT:Mr. Metivier RESOLUTION AUTHORIZING AGREEMENT WITH ADIRONDACK PARK LOCAL GOVERNMENT REVIEW BOARD RESOLUTION NO: 365,2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Adirondack Park Local Government Review Board (Review Board) was created by the New York State Legislature and is composed of representatives appointed by the County Legislatures of those counties lying in whole or in part within the Adirondack Park, and WHEREAS, the State Legislature provided only partial funding for the Review Board to perform its statutory functions as set forth in Executive Law §803-a, and recently reduced such funding by fifty- three percent(53%), and WHEREAS, the Town of Queensbury wishes to provide $300 in funding to support the Review Board's work in representing the interests of the Adirondacks' local governments, and WHEREAS, a proposed Agreement between the Town and Review Board is presented at this meeting, REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 360 NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury to enter into the Agreement with the Adirondack Park Local Government Review Board (Review Board) 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 Town Board authorizes and directs payment of$300 to the Review Board as provided for in such Agreement, to be paid for from Miscellaneous Contractual Account No.: 001-1220- 4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer to execute any other needed documentation and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 91h day of September, 2013, by the following vote: AYES Mr. Montesi, Mr.Clements, Mr. Strough, Mr. Brewer NOES None ABSENT: Mr. Metivier RESOLUTION SCHEDULING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUAKER ROAD/BAY ROAD FORCE MAIN REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 361 RESOLUTION NO.366,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Sewer District and the Route 9 Sanitary Sewer District (together, the "Districts") in accordance with New York Town Law, and WHEREAS, the Meadowbrook Pump Station pumps sewerage from both Districts to the City of Glens Falls collection system through an existing force main from the pump station along Bay Road and Quaker Road to a point on Bay Road and Sanford Street, and WHEREAS,the Town Board wishes to set up a bypass system to enable the Town to replace pipe as sections of the force main show deterioration in order to prevent a full system emergency and to make certain other system improvements, all in accordance with Town Law §202-b,and WHEREAS, Delaware Engineering, P.C., professional engineers, has prepared an Engineering Report concerning the proposed bypass system and sewer system improvements, together with an estimate of the cost of such improvements, and WHEREAS, the Engineering Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection,and WHEREAS, the Town Board has determined that the Project is a Type II Action under the State Environmental Quality Review Act (SEQRA) and no further SEQRA review is required,and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park, neither of the Districts contains State lands assessed at more than thirty-percent (30%) of the total taxable assessed valuation of the respective District, so permission of the State Comptroller for the proposed expenditure is not required under Town Law §202-b(5). NOW,THEREFORE, IT IS HEREBY RESOLVED that: 1. The proposed improvements are: REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 362 (a) installation of a force main bypass system consisting of multiple bypass connections installed approximately every 800 feet, valves and temporary piping and new piping under Bay Road and Quaker Road. and (b) installation of piping to bypass Meadowbrook Pump Station and Hiland Park Pump Station using a portable trash diesel pump, and installation at the Meadowbrook Pump Station of a pinch valve to control flow to the City of Glens Falls and an odor control system; and (c) replacement of twenty-one (2 1) existing grinder pumps serving homes that cannot be served with gravity sewers. 2. The maximum estimated cost of such improvements is $1,011,000. 3. The cost of the improvements will be paid from obligations to be issued by the Town of Queensbury on behalf of the Districts. Therefore, the annual cost of the improvements to the typical residence for debt service will depend on the terms of such obligations. Assuming that the typical property is a single family residence, which is equivalent to three (3) service units under the Districts' Benefit Tax System, and that the rate of interest on the Town's obligations will be three-percent (3%) per annum,the estimated annual cost to a typical property would increase approximately$20 for 10 year debt service, $14 for 15 year debt service or$10 for 25 year debt service, depending on the maturity chosen by the Town. 4. The 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, September 23rd, 2013 to hear all persons interested in improvement of the Districts' facilities as described above and to take such other and further action as may be required or authorized by law. 5. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post a Notice of Public Hearing not less than ten (10) days nor more than twenty (20) days before the public hearing date,as required by Town Law §202-b. Duly adopted this Stn day of September,2013 by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES : None ABSENT: Mr. Metivier RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 367,2013 REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 363 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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 $ Health 001-1440-4720 Consultant 001-1430-4455 Services/Physicals 3,000 031-8120-4400 Misc. Contractual 031-8110-4130 Town Counsel Fees 80 157-7110-2899 Capital Construction 157-7110-4403 Engineering 7,500 Increase Revenue 001-0000-55710 Serial Bond Proceed 3,394,925 037-0000-55710 Serial Bond Proceed 1,320,249 Increase Appropriation 001-9730-6030 BAN Principal 3,080,596 037-9730-6030 BAN Principal 1,294,733 030-8130-4131 Litigation Fees 125.00 032-8130-4131 Litigation Fees 11,133.00 033-8130-4131 Litigation Fees 503.00 035-8130-4131 Litigation Fees 376.00 037-8130-4131 Litigation Fees 130.00 REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 364 Duly adopted this 91h day of September, 2013, by the following vote: AYES : Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT:Mr. Metivier RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH CAPITAL RESERVE FUND #64 RESOLUTION NO.: 368,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, by Resolution No.: 322 of 2001, the Queensbury Town Board established a Capital Reserve Fund for the purpose of capitalization of the Town's Capital Improvement Plan Policy or for future Town project developments, known as Capital Reserve Fund 464 (Fund 464) which Fund established fund expenditures associated with the CIP,and WHEREAS, by Resolution No.: 390.2012,the Town Board authorized the transfer of$20,000 in funds from undesignated, unappropriated Fund Balance to Fund 464, and WHEREAS,the Town Budget Officer has advised the Town Board that the balance in Fund 464 has been depleted as a result of major expected and unexpected capital costs during the past 12`ears,and WHEREAS,the Town's independent auditors have confirmed undesignated,unappropriated General Fund Balance of$5,844,852 as of December 31St, 2012 and the Town Board wishes to maintain a reasonable unreserved Fund Balance of $4,544,852 and move the balance of $1,300,000 to Fund 464 in order to replenish Fund 464 for upcoming projects,and WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to replenish Fund 464 bv appropriating $1.3 million of undesignated, unassigned Fund Balance and increase appropriations in Fund 464 by the same amount, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 365 RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to transfer $1.3 million from the Town's undesignated, unassigned Fund Balance to the Capital Improvement Plan Reserve Fund #64 and make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish appropriations and estimated revenues and take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 91h day of September,2013,by the following vote: AYES Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Clements NOES None ABSENT : Mr. Metivier RESOLUTION NOS.4.10-4.17 CONCERNING ABANDONED OR NEGLECTED PROPERTIES IN TOWN OF QUEENSURY DISCUSSION HELD It was the decision of the Town Board not to act on these resolutions noting they went to bid on this received one bid noting the expense of taking care of these properties. Councilman Brewer recommended meeting with the contractor again in a workshop or put this out to bid again also to contact the Town Attorney regarding this matter. Councilman Clements recommended meeting to discuss other solutions, contact other municipalities to see how they take care of this problem. RESOLUTION APPROVING AUDITS OF BILLS — WARRANTS OF AUGUST 28TH AND SEPTEMBER 10TH, 2013 RESOLUTION NO.: 369,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of August 28th and September 51h, 2013 and payment dates of August 28th and September 101h,2013, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of August 281h and September 51h, 2013 and payment dates of August 281h and September 101h, 2013 totaling $ $321,821.30 and$76 ,994.80 respectively, and REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 366 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 Stn day of September,2013,by the following vote: AYES : Mr. Brewer,Mr. Montesi,Mr. Clements,Mr. Strough NOES : None ABSENT:Mr. Metivier 5.0 PRIVILEGE OF THE FLOOR KEITH HENDRY, 36 STEPHANIE LANE, QUEENSBURY-Spoke to the board regarding abandoned and neglected properties in the Town noting they have one on Stephanie Lane, which gets minimal or no maintenance which reduces the aesthetic value of the neighborhood significantIv asked the board to take a good look at this. Asked the board in the next fiscal gear if they could put enough money in the budget for equipment in the Highway Department some of the equipment is becoming significantly antiquated. SUPERVISOR MONTESI-Whatever the Highwav Superintendent asked for this gear it was given to him. Asked Dave Hatin if he had any comment regarding the Stephanie Lane issue. DIRECTOR OF BUILDING AND CODES, MR. HATIN-Thinks everyone knows the story we have tried to do our best to make Mr. Silvernail comply.We have been proactive it is the court system that we have to deal with and we cannot drive the court system. Without changes to the local laws we are doing even-thing I don't know what more we can do. BRUCE MITCHELL, 11 STEPHANIE LANE, QUEENSBURY-Spoke to the board regarding his concerns with the neglected property on Stephanie Lane asking the board to do something regarding this issue. KATHLEEN SONNABEND, CEDAR COURT-Spoke to the board regarding a recent request from realtors at a workshop meeting that was held regarding changing the zoning along the Main Street Corridor noting her concerns that the board should stag with the comprehensive plan regarding the zoning for that corridor. The Town spent over a hundred thousand dollars regarding this project and the thousands of hours of citizen's time that the Comprehensive Land Use Plan is the best reflection of what the community wants. Encouraged all Town officials including the Zoning Board and Planning Board and Town Board to take a look at the document again. COUNCILMAN BREWER-Does not think the Zoning Board or Planning Board could change the document unless the Town Board did. COUNCILMAN CLEMENTS-The realtors did want some changes,but they did not want to throw the whole plan out noting the meeting was opened to the public. SUPERVISOR MONTESI-A meeting has been rescheduled with them for a Workshop on September 30, 2013 at 6:30 p.m. We asked them to think about some of the things that might help if we tweaked this noting this is what the workshop will be about hopefully they will come back with some thoughts. DOUG IRISH-Spoke to the board regarding the Town Code noting it still refers to junkyards as junkyards. In the industry today it is really a salvage facility or recycling facility recommended the board update the Code. Glad that the Town did not take anv action regarding the resolutions to clean up peoples properties thinks it is a tough situation to put people into it is a slippery slope to send the Town employees over to people houses to cut grass,but understands if it is a safety issue. COUNCILMAN BREWER-It was intended for abandoned houses or homes in foreclosures. REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 367 MR. IRISH-Spoke to the board regarding the fund balance thinks that it is a good thing for Queensbury to keep their own fund balance. Spoke regarding the pool at Gurney Lane asked the board to put more money in the capital projects fund for this noting the pool needs to be rebuilt. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER—WARD FOUR • Spoke regarding the Do Not Litter Signs asked if they could put these around the Town to prevent people from littering. COUNCILMAN STROUGH—WARD THREE • Nothing to report COUNCILMAN CLEMENTS—WARD TWO • Spoke regarding changing the privilege of the floor to before the resolutions so that the public has an opportunity to comment on any of these. Recommended if they did this to continue the format limit per person on all the resolutions asked the board for their input, members of the board noted it is fine with them. SUPERVISOR MONTESI • Monthly report for Community Development and Building and Codes for the month of August 2013. 7.0 CORRESPONDENCE DEPUTY CLERK, O'BRIEN-Presented Town Board Members with the Tentative Budget for 2014. 8.0 RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO. 370,2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss pending litigation. Duly adopted this 9th day of September, 2013 by the following vote: AYES: Mr. Montesi, Mr. Clements, Mr. Strough, Mr. Brewer NOES:None ABSENT:Mr. Metivier RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO. 371,2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 368 RESOLVED, that the Town Board of the Town of Queensbury adjourns from Executive Session no action taken and moves back into the Town Board of the Town of Queensbury. Duly adopted this 9th day of September, 2013 by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT:Mr. Metivier RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 372,2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 9th day of September, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, NOES: None ABSENT:Mr. Metivier Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury