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2008-06-16 MTG#27 REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 833 REGULAR TOWN BOARD MEETING MTG#27 JUNE 16, 2008 Res# 318-328 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN OFFICIALS WATER SUPERINTENDENT, BRUCE OSTRANDER DIRECTOR OF WASTEWATER, MIKE SHAW PRESS POST STAR, TV 8 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 HEARINGS LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 SEWERS AND SEWAGE DISPOSAL ATTORNEY SETH FINKEL, FROM LEMERY GREISLER LLC REPRESENTING LAKE GEORGE CAMPSITES SUPERVISOR STEC-You are on Route 9 and you are seeking to delay the tie-in for one year from the date of this notice for the actual physical connection. You certainly understand that your client is still on the hook for participation financially as though they were tied in. This is really just a convenience factor for them as far as making a physical tie-in is that your understanding? ATTORNEY FINKEL-That is exactly correct. SUPERVISOR STEC-What is before the Town Board tonight is whether or not do we have any questions for you or your agent that is the question whether or not to approve or disapprove that tie-in. We have seen a couple of dozen of these in the last couple of years, does the board have any questions for Seth? COUNCILMAN MONTESI-Is there a plan for when you are going to hook it up? ATTORNEY FINKEL-The project is still under site review we expect that the next twelve month period should be more than sufficient. COUNCILMAN MONTESI-Is there a plan before the Planning Board when you say the site is under plan review what does that mean? ATTORNEY FINKEL-That means that all of the aspects of the design of the site have not yet been approved. We are, I would say well towards the end of that road at which time we will have the exact plan to connect to the sewer, but it has not been finalized. COUNCILMAN MONTESI-It is still going to be camping? ATTORNEY FINKEL-That is correct there has been no change in the use. REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 834 SUPERVISOR STEC-Any other questions from the board? COUNCILMAN BREWER-That was my question Dan whether he was going to be back again before us next year. It says in this resolution is still working towards completion of design plans for overall facility improvements and the property’s four on-site septic systems it makes me believe that you are continuing to use those and not hook on. ATTORNEY FINKEL-Only until such time as our final plan has been approved and we can implement connection to the sewer. COUNCILMAN BREWER-Who is going to approve your plan, is it between stockholders of the corporation? ATTORNEY FINKE-No our plan is designed it is a matter of getting approval which ever variances we remain to receive from the Zoning Board of Appeals and from the Planning Board. COUNCILMAN BREWER-So you have a perspective tenant that may go in that property I won’t ask you who it is I don’t care it doesn’t matter. ATTORNEY FINKE-Actually next month we go before the Planning Board for site approval. COUNCILMAN BREWER-So you have a plan when that plan is finalized you will tie into the sewer? ATTORNEY FINKE-That is correct. COUNCILMAN MONTESI-That doesn’t necessarily mean it will stay as a camping facility. ATTORNEY FINKE-No it will stay as a camping facility. It is our intention to essentially remediate and beautify the existing location we will continue with the same use. We are upgrading connections for the RV’s that would come in there will be no change in the use. COUNCILMAN MONTESI-So you are anticipating going for a site plan review or a variance? ATTORNEY FINKE-A site plan review there may be some minor variance issues that we need to resolve, but ultimately it is my understanding it is pretty much down to the site plan review process. SUPERVISOR STEC-Any other questions from the Town Board or comments? COUNCILMAN BREWER-No. HEARING CLOSED APPROVING RESOLUTION LAKE GEORGE CAMPSITES, LLC’S APPLICATION FOR VARIANCE/ WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 318, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 835 SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 § to issue variances from 136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Lake George Campsites, LLC (Applicant) applied to the Town Board § for a second variance/waiver from 136-44 to connect its property located at 1053 State Route 9 to the Town of Queensbury’s Route 9 Sewer District, as the Applicant states that it is still working towards completion of design plans for its overall facility improvements and the property’s four (4) on-site septic systems continue to be used to treat and dispose of sanitary waste, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on th Monday, June 16, 2008, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approvesLake George Campsites, LLC’s application for a variance/waiver from Queensbury Town Code Chapter § 136, 136-44 “Connection to sewers required” and hereby grants Lake George Campsites, th LLC a one-year extension of time or until June 16, 2009 in which to connect its property located at 1053 State Route 9, Queensbury (Tax Map No.: 295.12-1-6) to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 836 immediately terminate unless the Queensbury Town Board review and approves a new application for a variance/waiver, and BE IT FURTHER, RESOLVED, that Lake George Campsites, LLC shall pay all charges due as if its property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of June, 2008 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None 2.0PRIVILEGE OF THE FLOOR ( LIMIT 4 MINUTES) PAUL NAYLOR, DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the road repair improvement on Luzerne Road near Bare Bones Furniture the Highway Department did a good job asked if they are going to be doing the crossing. COUNCILMAN BREWER-The company that originally did the job they hired a company to do it, it was not approved it was not good enough for our standards it still isn’t good enough for our standards I don’t know what Mike’s plan is if worse comes to worse the Town will do it and we will bill back the original company. JOHN SALVADOR-Spoke regarding Resolution Authorizing Engagement of Marshall & Sterling Upstate, Inc. as Town of Queensbury Insurance Agent the shining light is this years approach to the Towns insurance is the engagement agreement entered into in January with Compass Company to furnish recommendations for the placement of the Towns insurance coverage. Read the bid report very professional well worth the fourteen or sixteen thousand dollars that was paid for it. Read from bid report regarding the bid evaluation regarding the inclusion of pollution coverage. Read page nineteen of the bid report stated that a proposal for this additional pollution coverage should be evaluated we Compass agree that a proposal should be requested from your board. Recommended after entering into the contract with Sterling Marshall that you seek a proposal from them of how they could cover all five fire insurance companies into one policy. SUPERVISOR STEC-The distinction is that the five fire companies are five independent non-profit these other activities mentioned are part of Town government With this said it is still worthwhile for us to look into that, but it isn’t a process that we have complete control over or responsibility for as we would for Cemetery, Highway. MR. SALVADOR-It is worth an investigation. PLINEY TUCKER-41, DIVISION ROAD-Asked how much the total amount is for the Towns insurance. SUPERVISOR STEC-One hundred seventy one thousand eight hundred and five dollars. REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 837 MR. TUCKER-Asked if it covers everything. SUPERVISOR STEC-That is swapping out from one set of coverage’s to the other set of coverage’s that is for the year. MR. TUCKER-Spoke regarding the resolution regarding moving money around is that to cover…. SUPERVISOR STEC-Typically in the past insurances cover January to December this year we bid it out mid-year so we have a twelve month bill to pay in June or July. We knew that when we prepared the budget that is why you see those other transfer. MR. TUCKER-Questioned how this prices compares to last year? SUPERVISOR STEC-Last year the total we spent was about two hundred and thirty thousand. The new number is a hundred and seventy one, seventy two thousand it is fifty eight thousand less. MR. TUCKER-Questioned if Councilman Metivier was happy with the insurance? COUNCILMAN METIVIER-Very pleased. Thinks it is an excellent proposal all of the coverage’s we need are back. We are not missing anything as far as I know researched it, asked questions we are covered very well and we saved ourselves a bunch of money. Our landfills are now covered where they weren’t before all the other problems we had last year have been addressed. MR. TUCKER-Questioned if this was for one year? SUPERVISOR STEC-They are all one year deals. COUNCILMAN METIVIER-It is important to note that we brought it back local. MR. TUCKER-Questioned if they have any political connections. COUNCILMAN METIVIER-Hopes not. COUNCILMAN STROUGH-With the bidding process a year and a half ago we saved about a hundred and twenty six thousand dollars in insurance total. MR. TUCKER-Spoke regarding Resolution Authorizing Agreements Between Town of Queensbury and Certain Residents in Bedford Close Subdivision Providing for Connection of Basement Sump Pumps to Town Stormwater Drainage Systems questioned what is involved. COUNCILMAN BREWER-The Town ran a pipe down certain streets in Bedford Close this is an easement to allow the people to hook into the pipe for drainage. SUPERVISOR STEC-This is an agreement between each individual property owner and the Town saying we are going to allow you at your expense to pump your sump pumps into the Towns storm drainage. MR. TUCKER-Questioned if they will pay for this privilege? COUNCILMAN BREWER-They have to pay their own contractor to run a line from their home out to the stormwater drain. MR. TUCKER-Questioned if the system that was put in would handle this? SUPERVISOR STEC-Yes. COUNCILMAN BREWER-They oversized it. REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 838 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AWARD OF BID TO TOM KUBRICKY CO., INC. FOR NORTHUP DRIVE AREA WATER MAIN REPLACEMENT PROJECT RESOLUTION NO.: 319, 2008 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No. 523, 2007 the Queensbury Town Board authorized engagement of Burley-Guminiak & Associates, PLLC for engineering and survey services concerning the replacement of water mains along Northup Drive, Bullard Avenue, Linden Avenue and Park Place in the Town of Queensbury (Project), and WHEREAS, by Resolution No.: 245, 2008 the Town Board authorized the Project and by Resolution No.: 246, 2008 established funding for expenses associated with such Project, and WHEREAS, Burley-Guminiak & Associates, PLLC prepared bid documents and specifications to advertise for bids for the improvements authorized by Resolution No.’s: 523, 2007 and 245,2008, and WHEREAS, by Resolution No.: 247, 2008, the Town Board authorized such advertisement for bids and bids were opened, and rd WHEREAS, on June 3, 2008, the Purchasing Agent duly received and opened all bids, and WHEREAS, Burley-Guminiak & Associates,, the Purchasing Agent and the Water Superintendent have recommended that the Town Board award the bid to the lowest , responsible bidder, Tom Kubricky Co., Inc., for an amount not to exceed $367,556.00 and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, and WHEREAS, by Resolution No.: 246,2008, the Town Board established new Capital Project Fund #170 to fund such Project, where the source of funds for the Project was to be Water Capital Reserve #065, and REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 839 WHEREAS, the Town Board wishes to have the source of funds be Capital Fund #141, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for replacement of water mains along Northup, Bullard, Linden and Park streets in the Town of Queensbury (Project), from the lowest responsible bidder, Tom Kubricky Co Inc., for an amount not to exceed $367,556.00, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and Tom Kubricky Co Inc., in form acceptable to the Town Supervisor, Water Superintendent, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $18,377.80 that he deems necessary or appropriate, and RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to amend the budget as follows: Increase Appropriation 141-8340-2899 - Capital Construction - $385,934.00; Increase Appropriation 141-8340-4403 - Engineer/Surveyor - $35,215.00; Decrease Appropriation 141-9710-6010 - Serial Bond - $421,149.00; and BE IT FURTHER, RESOLVED, that upon completion of work and/or in any necessary Change Order(s), the Town Board further authorizes payment for these services with such amounts to be paid from Account No.’s: 141-8340-2899 and 141-8340-4403, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 840 RESOLVED, that Resolution No.: 246,2008 is hereby rescinded, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of June, 2008, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 300, 2008 REGARDING AWARD OF BID IN CONNECTION WITH TOWN SEWER UPGRADE RESOLUTION NO.: 320, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 300,2008 the Queensbury Town Board awarded the bid for the Town Complex Upgrade of Sanitary Sewer Systems Project to the lowest responsible bidder, Drilling Technologies, Inc., for a total bid amount not to exceed $55,123, and WHEREAS, the Facilities Manager has advised that he wishes to utilize Drilling Technologies’ “Barnes pumps,” alternate pump equipment originally specified in the bid documents, which utilization would increase Drilling Technologies’ authorized bid amount $59,723.00 by an additional $4,600, or a revised total not to exceed , and WHEREAS, even with such proposed increased total bid amount, Drilling Technologies is still the lowest responsible bidder, and WHEREAS, the Town Board wishes to authorize the increased total bid amount and amend Resolution No.: 300, 2008 accordingly, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 841 RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 300,2008 such that Drilling Technologies shall utilize its alternate equipment (“Barnes pumps”) in connection with the Town Complex Upgrade of Sanitary Sewer Systems Project, thereby increasing the total authorized bid amount by $4,600.00 or a total sum not $59,723.00 exceeding , and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 300, 2008 in all other respects. th Duly adopted this 16 day of June, 2008, by the following vote: AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES : None ABSENT: NOne RESOLUTION AUTHORIZING WARREN COUNTY HISTORICAL SOCIETY TO USE TOWN PROPERTY RESOLUTION NO.: 321, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Warren County Historical Society (Society) has requested permission to use the back lot at the Town-owned property located at the former Bay Ridge th Firehouse, 195 Sunnyside Road, for an old-fashioned July 4 picnic fundraiser on Friday, th July 4, 2008, and WHEREAS, the Society has provided a certificate of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Warren County Historical Society (Society) to use the back lot at the Town-owned property located th at the former Bay Ridge Firehouse, 195 Sunnyside Road, for an old-fashioned July 4 picnic th on Friday, July 4, 2008, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 842 RESOLVED, that the Town Board further directs that the Society shall have the responsibility to clean and/or repair the site to the satisfaction of the Town’s Facilities Manager after the event. th Duly adopted this 16 day of June, 2008 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V. NEIL LAVIGNE – ILLEGAL JUNKYARD OPERATION RESOLUTION NO.: 322, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, Chapter 102 of the Town Code provides for administration and enforcement of the Town’s Junkyard Ordinance and related laws, codes, ordinances, and regulations, and WHEREAS, Neil LaVigne owns property at 119 Mountain View Lane in the Town of Queensbury (Tax Map No.: 295.10-2-28) and Town officials have warned Mr. LaVigne on numerous occasions and through previous Town Court actions, that Mr. LaVigne is not allowed to bring discarded junk and other debris to his property, and WHEREAS, the Town’s Director of Building and Codes is charged with enforcement of the Town’s Junkyard Ordinance and has personally observed that discarded motor vehicle parts and other junk items continue to be discarded on Mr. LaVigne’s property, and WHEREAS, the Town’s Director of Building and Code Enforcement has therefore recommended to the Town Board that it commence a Supreme Court action against Mr. LaVigne to require Mr. LaVigne to come into conformance with the Town’s Junkyard Ordinance and Town Code, and WHEREAS, the Queensbury Town Court lacks injunctive power to require this action, and WHEREAS, the Queensbury Town Board wishes to pursue preliminary and permanent injunctive relief, REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 843 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the commencement of a Warren County Supreme Court action to pursue preliminary and permanent injunctive relief against Neil LaVigne concerning the property located at 119 Mountain View Lane in the Town of Queensbury (Tax Map No.: 295.10-2-28) as referenced in the preambles of this Resolution, and 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 any necessary documentation to commence such proceeding and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of June, 2008, by the following vote: AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Brewer NOES: Mr. Strough ABSENT :None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-I just recently became of aware of this issue that in fact it was an issue. I called up Dave and told him I was going to talk to Neil and I did in fact talk to Neil LaVigne. He said that he is willing to do what is required of him, however, in his mind it is unclear exactly what codes he is violating and what exactly he has to do he argued that if that were made clear he would remedy it. He also argued that he may have been a little bit lack lately because he had some medical issues that made it difficult for him to lift things and objects. I would like to argue on Mr. Neil LaVigne’s behalf and give him a second opportunity to clear this up if the board sees fit. COUNCILMAN BREWER-How much time John? COUNCILMAN STROUGH-I am not sure how much time. SUPERVISOR STEC-I had a conversation with Dave Hatin today who explained the situation to me that this has been an ongoing problem for several years and it has been in and out of court a few times. I did not get a picture painted at all by staff that there was any lack of clarity in the situation. Perhaps this action is going to motivate the situation, which is very visible from the road to get approved. REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 844 COUNCILMAN STROUGH-I did myself talk to Dave Hatin and I will concur he said basically what you said. In addition to that I did talk to Neil LaVigne he seemed to be sincere in what he said to me. COUNCILMAN BREWER-Just hypothetically John if we gave him two weeks and he hasn’t started then you don’t have a problem with this? COUNCILMAN STROUGH-His issue is he would like to know specifically what codes he is breaking and what he has to do to remedy them. SUPERVISOR STEC-I bet if this goes to court we get improvement right away that is typically what happens when it gets to this point. It takes a lot to get something like this to this stage a lot. COUNCILMAN STROUGH-He is just arguing that he was asking for additional due process. COUNCILMAN MONTESI-Listening to Dave Hatin what Dave said was that in the past when they have gone to court and they have gotten a ruling and they said take the junk out of the yard take whatever metals, scraps, whatever it is it happens then a year later it all reappears again. It is kind of like I hate to say it, but some people are just pack rats and maybe that is what turns this fellow on to this kind of stuff. SUPERVISOR STEC-And the neighbors are complaining. COUNCILMAN MONTESI-And the neighbors are complaining. COUNCILMAN STROUGH-If you have driven by lately he is in the act of cleaning it up it is getting cleaned up right now. COUNCILMAN METIVIER-I would think with today’s metal prices people would be all over trying to clean it up for him. COUNCILMAN BREWER-Dave told me there is stuff coming and going. SUPERVISOR STEC-That’s what he told me today, too. COUNCILMAN STROUGH-If you have driven by there lately it is getting cleaned up. COUNCILMAN MONTESI-I did ask Dave why he put the big barriers up across the front not that it has anything to do with being a junkyard. Dave said he has done that because number one he wants the privacy and number two to ward against flooding, flooding if any would be coming against the backside of the property. SUPERVISOR STEC-Especially about a year ago we had the County and the Town Highway Department’s both did some significant drainage improvements in that immediate area. COUNCILMAN STROUGH-I might add that we only got that accomplished because of this individual helped us out and showed us where the pipes were buried twenty years ago. We unearthed them and we did remedy that stormwater situation on the corner of Mountain View Lane and West Mountain Road largely due to his health. COUNCILMAN MONTESI-I would say this if I lived in a neighborhood I would be appalled at what is going on there. By inaction on part of the Town Board we are saying to Dave Hatin yeah nice job, but we are not going to back you. To the people that live in and around that area well we are going to give him another break. I am not sure that after a couple of years of previous court actions I am not sure that is the answer. SUPERVISOR STEC-I would add from a practical standpoint the way these things work is between tonight and when this would actually make it in front of a court if it gets REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 845 cleaned up Dave Hatin would be the first one to say drop it. If this is what it takes to get it cleaned up I am prepared to do that. COUNCILMAN BREWER-Did Dave indicate to you John what was there and what had to be gone? He doesn’t know anything about what he has to do? COUNCILMAN STROUGH-That is what Mr. LaVigne claims that he hasn’t got the specifics of exactly what codes he is breaking and exactly what he has to do to remedy them he claims that he doesn’t have that in documented form. SUPERVISOR STEC-I find that difficult to believe. COUNCILMAN STROUGH-I haven’t seen anything this is new to me. I was unaware that this was going on and this has been going on for months nobody told me. SUPERVISOR STEC-It is a stone throw from your house you drive by it everyday you had to have seen it. COUNCILMAN STROUGH-Dave Hatin never called me up and said that this was an issue. I never seen any paperwork no paperwork on this topic has gone over my desk. SUPERVISOR STEC-Is there any other discussion let’s go ahead and vote. RESOLUTION AMENDING RESOLUTION NO.: 57, 2008 REGARDING 2008 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD RESOLUTION NO.: 323, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 57,2008 the Queensbury Town Board approved and authorized the renewal contracts for the year 2008 with Empire Blue Cross Blue Shield and the accompanying 2008 monthly premiums, and 2007 WHEREAS, due to a clerical error, such Resolution listed the rates rather than the correct 2008 rates, and WHEREAS, the error was on paper only and the correct 2008 rates have been paid to Empire Blue Cross and have been used for calculation of employee and retiree contributions during 2008, and WHEREAS, the Town Board wishes to amend Resolution No.: 57, 2008 to correctly list the 2008 rates, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 846 RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 57,2008 such that the 2008 monthly premiums related to the 2008 renewal contracts with Empire Blue Cross Blue Shield are as follows: MEDICARE MEDICARE MEDICARE INDIVIDUAL FAMILY INDIVIDUAL 2-PERSON FAMILY PPO 525.87 1537.21 483.63 967.26 1495.01 EPO 500.72 1463.76 460.53 921.04 1423.55 DENTAL 53.94 53.94 N/A N/A N/A and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 57, 2008 in all other respects. th Duly adopted this 16 day of June, 2008, by the following vote: AYES: Mr.Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN STROUGH-I want to make it clear that I voted against the rate increase, but this is just a clerical error that is getting remedied so I am in favor of remedying that clerical error. RESOLUTION AUTHORIZING ENGAGEMENT OF MARSHALL & STERLING UPSTATE, INC., AS TOWN OF QUEENSBURY INSURANCE AGENT RESOLUTION NO.: 324, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 105,2008, the Queensbury Town Board authorized engagement of The Compass Company, Inc., (Compass) as an independent insurance consultant to thoroughly evaluate the Town of Queensbury’s insurance coverages and needs and prepare and issue a Request for Proposals (RFP) to insurance agents/brokers interested stth in providing insurance coverage to the Town effective July 1, 2008 – June 30, 2009, and WHEREAS, Compass prepared and sent out such RFP, and REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 847 WHEREAS, Compass reviewed all received proposals, issued a written recommendation (“RFP RESULTS”) dated June 9, 2008 concerning the selection of the Town’s insurance agent, and reviewed such recommendation with the Town Board at a th Town Board Workshop Meeting on June 9, 2008, and WHEREAS, the Town Board concurs with Compass’ recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of the services of the lowest responsible bidder, Marshall & Sterling Upstate, st Inc., to provide insurance coverage to the Town of Queensbury effective July 1, 2008 – th June 30, 2009 with such insurance coverages more fully described in the Compass th Company, Inc., June 9, 2008 RFP Report presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further approves, authorizes and directs the use of the General Fund’s unappropriated undesignated Fund Balance and a 2008 Town Budget Amendment by increasing appropriations for insurance premiums, by a total amount of $54,250.00, in the following accounts: ? 001-1910-4200 General ? 002-8810-4200 Cemetery ? 004-5130-4200 Highway ? 009-8160-4200 Landfill ? 032-8110-4200 Wastewater ? 040-8310-4200 Water and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer such funds and amend the 2008 Town Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation, and the Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 848 th Duly adopted this 16 day of June, 2008, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None DISCUSSION HELD BEFORE VOTE: SUPERVISOR STEC-We had a little bit of discussion on this before, but terms of this will be effective July 1, 2008 to June 30, 2008 to June 30, 2009. We had a workshop on this a th week ago by memorandum from Compass Company of the same date Monday, June 9. He came up that same evening and met with us and went over it. The board had it for the week and I know that at least Councilman Metivier contacted Mr. Neff asked a few questions Tony told me earlier today that he was satisfied with the answers that he got. The premium for the twelve month period will be one hundred and seventy one thousand eight hundred and five dollars. It is approximately sixteen thousand dollars lower than the next lowest bidder. It is also approximately fifty eight thousand dollars lower than the incumbent bidder. Councilman Metivier mentioned we had some other coverage concerns regarding so I think that this corrects both a coverage concerns issue as well as a financial what is the best for the Town issue. It has been a very lengthily eighteen months as far as when this started and the shenanigans that occurred eighteen months ago. I am glad that the Town Board stuck to its guns in January a majority of us decided that it was time to shop it again for various reasons. Again the taxpayers of Queensbury are going to benefit because we are going to have better coverage for a lot less money certainly the tax dollar is what is most important to me. RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY ROBERTS GARDENS NORTH RESOLUTION NO.: 325, 2008 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Roberts Gardens North (“Petitioner”), previously commenced Article 7 Real Property Assessment Review cases against the Town in 2005, 2006 and 2007 concerning the assessment on its apartment-complex property located on Weeks Road in Queensbury (Tax Map No.: 296.17-1-41) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District advises that the District’s administrative officials endorse the proposed settlement and will recommend approval by the School Board and such approval is anticipated, REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 849 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by Roberts Gardens North challenging the 2005, 2006, and 2007 assessments on its property, which will result in revised assessments as follows: Assessment Current Revised Year Tax Map No. Assessment Assessment 2005 296.17-1-41 $8,311,000 $7,700,000 2006 296.17-1-41 $8,311,000 $7,700,000 2007 296.17-1-41 $8,311,000 $7,700,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Petitioner within sixty (60) days from the date that a Demand for Refunds is served upon the Town, and BE IT FURTHER, RESOLVED, that in accordance with New York State Real Property Tax Law §727, the assessments on the parcel, Tax Map # 296.17-1-41, shall remain at $7,700,000 for the next three years (2008, 2009 and 2010) unless the Town performs a Town-wide revaluation or some other exception provided for under §727 becomes applicable to the property for the assessment rolls for those years, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 16 day of June, 2008 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: Mr. Strough REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 850 ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF JUNE 16, 2008 RESOLUTION NO.: 326, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve the audit of bills thth presented as the Warrant with a run date of June 12, 2008 and a payment date of June 17, 2008, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a thth run date of June 12, 2008 and payment date of June 17, 2008 totaling $384,683.16, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of June, 2008, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN RESIDENTS IN BEDFORD CLOSE SUBDIVISION PROVIDING FOR CONNECTION OF BASEMENT SUMP PUMPS TO TOWN STORMWATER DRAINAGE SYSTEM RESOLUTION NO.: 327 , 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 851 WHEREAS, the Queensbury Town Board wishes to allow certain residents within the Bedford Close Subdivision whose basements have recently flooded to connect their sump pumps to the Town of Queensbury’s stormwater drainage system, and WHEREAS, a copy of a proposed Agreement is presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes and directs the Town Supervisor and/or Town Highway Superintendent to enter into such Agreements on behalf of the Town with certain residents within the Bedford Close Subdivision whose basements have recently flooded to connect their sump pumps to the Town of Queensbury’s stormwater drainage system, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of June, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None 4.0CORRESPONDENCE DEPUTY CLERK, O’BRIEN-Supervisor Report for May 2008 for Community Development – Building and Codes on file in the Town Clerks Office. 5.0TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER ? Expressed his condolences to the family of Daniel Olsen former Town Councilman also wanted to let his family know that we are thinking of them at this extremely difficult time COUNCILMAN MONTESI ? Attended luncheon with Supervisor Stec at the Glen at Hiland noting it was a very nice luncheon, great speaker who spoke regarding problems that you have when you are building a senior citizen home and trying to make it as community friendly to the seniors. REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 852 ? Councilman Metivier and I to meet this Friday with Town Counsel and the Attorney for Macchio hopefully have a meeting with the Attorneys and the Stranahan’s on French Mountain. ? Final engineering work is done and complete on Everts Avenue and Quaker Road. The drainage problem it will go to bid, Niagra Mohawk to move the gas line under the culvert on Quaker Road. ? Building permits for the month three million five hundred thousand in value of construction it gives us nine million four hundred for the year. There are three new homes at six hundred and seventy two thousand and six commercial construction jobs at two million four hundred thousand we are still moving ahead in our community. COUNCILMAN STROUGH ? Expressed his condolences to the family of Daniel Olsen. Mr. Olsen worked with him to protect the four acres on the north side of Aviation Road. Also worked together with the Wal Mart expansion project came up with plans that helped mitigate the expansion of that commercial enterprise and have minimum impact on the surrounding residential areas. ? Spoke regarding the Queensbury Beautification Committee They would like to recognize residential and commercial garden and landscape planting’s for the 2008 summer season. Award recipients will be announced during August there will be a maximum of two residences awarded in each one of the four Wards. There will be a total of four commercial plantings recognized. Planting should be reviewed by the end of June early July. Residential planting must be done by the homeowner not commercial installed to be eligible for nomination. Nominations from the public will be welcomed. Mail suggestions to the Queensbury Beautification Committee, 742 Bay Road, Queensbury, New York or email to www.queensbury.net . COUNCILMAN BREWER ? Spoke regarding the job well done on Luzerne Road by the Highway Department we should have them do the cut across the road. ? Spoke regarding Tire Day it has been progressing year after year the numbers keep getting lower. This year we took in seven hundred and thirty the number keeps going down, which is good it cuts down on disease and mosquito infestation. Thanked Landfill Superintendent, Keith Sheerer for a job well done. SUPERVISOR STEC ? Thanked TV 8 noted the Towns website www.queensbury.net ? Expressed his condolences to the family of Daniel Olsen a personal friend. ? Received letter from Brian S. Reichenbach Attorney for North Queensbury Fire Department, dated June 11, 2008 regarding Foreign Fire Tax Funds (letter read into the record) ? Thanked the Highway Department for the brush pickup and the drainage work that was done at Bedford Close. ? Spoke regarding the billboard on Route 9 that had an acronym on it advertising a company’s product line or name. It was an acronym that if you know what it means it is generally by most people offensive. The Town, I and staff did REGULAR TOWN BOARD MEETING 06-16-2008 MTG#27 853 receive in the last week a dozen complaints about the content of the sign. The Town does not regulate content there are First Amendment issues. Happy to announce that an email was received from the owner of the sign company today who said they had entered into a three month contract to advertise this content they weren’t aware what the acronym meant that it would offensive. It has been brought to their attention noted it is a private company, private property they are well within their right to do whatever they want to regarding their billboard. Although there may be legal issues between the two private parties regarding the contract the sign company told me they were going to remove the offensive text from the billboard they would do so at their own legal risk the sign would be removed by seven o’clock today. Drove by the sign before the meeting the sign was blank covered over in white. Things have worked out for the best as far as the residents are concerned it is a private issue between the two companies now hopefully it will get resolved in a sensible manner. Thanked Mr. Lang the owner for doing the right thing and stepping forward. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 328, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 16 day of June, 2008, by the following vote: Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec Noes: None Absent:None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury