2012-03-19 Mtg 7 REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 164
REGULAR TOWN BOARD MEETING MTG# 7
MARCH 19TH, 2012 RES#105-114
7:00 P.M. B.H. 5-6
1.1. 4
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
BOARD MEMBERS ABSENT
COUNCILMAN RONALD MONTESI
TOWN OFFICIALS
TERRI ROSS, ASSESSOR
TOWN COUNSEL
ROBERT HAFNER
PRESS
LOOK TV, POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
SUPERVISOR STEC-Opened meeting.
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 105, 2012
INTRODUCED BY: Mr. Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Metivier
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 19th day of March, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:Mr. Montesi
PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF FIRM &
JOAN WEAVER
PUBLICATION DATE: MARCH 9, 2012
DENNIS MACELROY AGENT, FIRM WEAVER PRESENT
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 165
SUPERVISOR STEC-This is for property located at 94 Rockhurst Road, Queensbury it is to
install a replacement wastewater as follows. An absorption field fifty feet from Lake George in
lieu of one hundred. A septic tank and pump tank force main to be four feet from the dwelling
instead of ten feet. An absorption field and peat modules to be four feet from the property line in
lieu of ten feet an absorption field eleven foot from the dwelling instead of twenty.
DENNIS MACELROY, ENVIRONMENTAL DESIGNS-I am representing the owners Joan and
Firm Weaver and Firm is with me tonight for this application for variances for a replacement
wastewater system. This property as described is out on Rockhurst Road and as its exists it is
approximately a hundred and eight feet by eighty three feet wide...create a situation where a new
septic system couldn't be positioned on the property without some form of variance. The
Weavers who are year round residents at that location they have owned the property since ninety
one. My feeling is out of being conscientious they are asking about the possibility of upgrading
the system to include a peat fiber system it is one of the advance technology systems that is
recognized and approved by the New York State Health Department. In this particular case it
really serves as mitigation for the fact that they can't meet the normal setbacks to the lakefront.
The existing system as you can see on the plan exists in a location that is equally as close as what
we are suggesting, but our plan adds that secondary treatment component of using the Puraflo
Biofilter System. I have been before you before with this particular system again it achieves
really greater than secondary level treatment so that in itself is a win win I think for this
situation. The system that's in the ground is operable, but with that added treatment it just
becomes that much better a system in a marginal situation. I think it is where these types of
systems are really called for because we do have a number of marginal situations and by
marginable I mean that they can't meet the horizontal setbacks that are prescribed in the Town or
the State Health Department standards. In that regard we got three Puraflo Systems that are
modules that are placed up by the garage then it will discharge to the same area where the
existing system discharges. There will be a new septic tank and a new pump tank so everything
is really being brought up to state of the art if not better.
COUNCILMAN BREWER-Might, I ask just one question. I understand the situation as far as
location I was unable to get to the meeting up there with John and you. John called me
afterwards and explained everything to me so I am fine with it. If this system is what you said
was a much better system for treatment why are they not used more typically? Is it because of
the confinement or they don't need to be spread out or something similar to that type of a system.
MR. MACELROY-In the last ten years there has been a greater effort through the industry to
provide this enhance treatment at a residential level. Obviously on a municipal level there has
always been secondary and even tertiary treatment available.
COUNCILMAN BREWER-I will tell you the reason I am asking because I happened to be at a
place where they were putting a system in and that wasn't a typical system. It was the tank here
you go out with an elbow and come by it you run four lines and used elbows to connect them and
he said he had to have an engineer give a letter to say that how he was doing it was okay. They
buried it with stone six inches underneath it then a skim coat over the top of it then a bunch more
stone. They said that system was a better system than what they could do if they dug it all out
and ran a typical system. I am just curious as to there is always alternate systems and that's fine,
but there are always alternates that somebody uses that seems to be the best one for that
particular location.
MR. MACELROY-One of the criteria or one of the classifications of these enhanced treatment
technology is NFS Certification the National Science Foundation. They do independent testing it
is like UL underwriters that type of thing.
COUNCILMAN BREWER-Right.
MR. MACELROY-This is in this area of technology to show that the system the treatment
system does achieve what it claims to do. This is important and required and New York State
Health Department recognizes that. Any of these advanced treatment units the ETU's have to
have this NSF Forty Certification, which the Puraflo System does. I say in the last ten years
there has been a greater availability it is a process that people are learning more about and
gaining.
COUNCILMAN BREWER-More knowledge and acceptance. Around the lake we have had
many systems and I remember you came in with an ultraviolet system one time.
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 166
MR. MACELROY-That would be for treatment of the water.
COUNCILMAN BREWER-The water, but because of where the septic was.
MR. MACELROY-Exactly, right.
COUNCILMAN BREWER-I don't remember what septic you used in that location.
MR. MACELROY-That was an Eljan in that particular case, but that was really before these
became...
COUNCILMAN BREWER-This is new technology then somewhat.
MR. MACELROY-Correct.
COUNCILMAN BREWER-Okay, thank you.
COUNCILMAN METIVIER-Has the current system failed? I was so surprised to see that there
are plastic access covers you don't typically see that on a system that we are replacing up there
usually you don't see anything.
MR. MACELROY-There is the septic tank with one plastic access cover and the other is to a
seepage pit I think Firm has described to me that is also there. He has had it pumped regularly
being conscientious probably the pump out company suggested it or requested it.
COUNCILMAN METIVIER-So they are just access points.
MR. MACELROY-Just better access, correct.
SUPERVISOR STEC-Any other questions from the board before I open the public hearing.
COUNCILMAN BREWER-I don't.
COUNCILMAN STROUGH-No just that while we are on that topic I like seeing those access
panels as well. I know George has talked to me several times he like to see us make it standard
everyone should get their holding tank or septic tank pumped out every two or three years having
those access panels makes it easier and cheaper in the long run I like that, too.
COUNCILMAN BREWER-They put a cover on them anyways don't they when they come from
the factory. Unless you map them or they've done it before they don't know where the cover is.
He put on mine a piece of metal so when he uses his detector he could find where the cover was
so if you use plastic how would you do that.
MR. MACELROY-You would have to raise the cover. Some people don't like to see that cover
in their lawn area, but they have nice green plastic ones it does make sense.
COUNCILMAN STROUGH-That's what I got is a nice green plastic one in my yard. The
distance from the lake did draw a concern for me and I went up there and Dennis went through
with me and I came out of there convinced that this is a good workable system. I think Dennis
did a good job engineering this, its location did have its challenges, but I think you met those
challenges quite well. So I came away satisfied that this is a good system for here.
SUPERVISOR STEC-Any other comments from board members before I open the public
hearing the public hearing is opened if there are any members of the public that would like to
comment on this variance request just raise your hand and I will call on folks one at a time.
PUBLIC HEARING OPENED
DENNIS MACELROY-I would just like to make a comment that Firm has a letter, which I will
add to the file from one of his neighbors.
SUPERVISOR STEC-Yes, please.
MR. MACELROY-Should I read it in?
SUPERVISOR STEC-You can if you want.
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 167
MR. MACELROY-This is a letter to support the application of the owner of 94 Rockhurst in his
application to install a new septic system. I am the owner of 98 Rockhurst Road, the property to
the north of the Weaver's. It would appear that they are planning a significant upgrade to their
waste water system. It is my understanding that they are planning to install a new and much
improved type of system that should be beneficial to their property as well to the lake in general.
I have no objection to the requested variances. There are certainly challenging topographic
characteristics on Rockhurst Road that require special consideration for management of waste
water. My understanding of the type of system requested is much improved from the old system
and can be installed within 50 feet of the lake and be more environmentally friendly. Sincerely,
Sheldon and Mary Eisenberg
SUPERVISOR STEC-Thank you. The public hearing is opened is there is anyone would like to
comment on this particular variance request?
J. ARTHUR NORTON-I have property at one hundred, which is the only vacant lot on the lake
and I have no objection. I just wish there was some system that could be used on mine.
COUNCILMAN BREWER-You have Dennis right there maybe he could design you one.
MR. NORTON-I don't know if the State would approve that on Lake George you know for a
new residence.
SUPERVISOR STEC-Dennis could certainly help you answer that and so could our staff
downstairs.
MR. NORTON-That's who I have been talking to.
SUPERVISOR STEC-Thank you. Is there anyone else that would like to comment on this
public hearing on this variance any other comments from board members? Seeing none I will
close the public hearing and I will entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FIRM AND JOAN WEAVER'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 5,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Firm and Joan Weaver submitted an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater
system as follows:
1. Absorption field to be 50' from Lake George instead of the required 100' setback;
2. Septic tank and pump tank/force main to be 4' from the dwelling instead of the required 10'
setback,
3. Absorption field/peat modules to be 4' from the property line instead of the required 10'
setback,and
4. Absorption field to be 11' from the dwelling instead of the required 20'setback;
on property located at 94 Rockhurst Road in the Town of Queensbury,and
WHEREAS,the Town Clerk's Office published the Notice of Public Hearing in the Town's official
newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests
on Mondav,March 19th,2012,and
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 168
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 b`-the Local Board of Health to affect the applicants;and
BE IT FURTHER-
RESOLVED, that the Local Board of Health hereby approves Firm and Joan Weaver's application
for a variance from the Sewage Disposal Ordinance to install a replacement wastewater system as follows:
1. Absorption field to be 50' from Lake George instead of the required 100' setback;
2. Septic tank and pump tank/force main to be 4' from the dwelling instead of the required 10'
setback,
3. Absorption field/peat modules to be 4' from the property line instead of the required 10'
setback,and
4. Absorption field to be I F from the dwelling instead of the required 20'setback;
on property located at 94 Rockhurst Ridge Road in the Town of Queensbun% and bearing Tax Map No.:
227.9-1-14.
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
RESOLUTION ADJOURNING BOARD OF HEALTH
RESOLUTION NO.BOH6,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,that the Queensbun-Board of Health hereby adjourns and moves back into the Town Board of
the Town of Queensbun-.
Duly adopted this 19th of March,2012 by the following vote:
AYES: Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 169
NOES:None
ABSENT:Mr. Montesi
2.0 PUBLIC HEARING
PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND QUEENSBURY
TOWN CODE CHAPTER 155 "TAXATION," ENTITLED, "SENIOR CITIZENS TAX
EXEMPTION"
PUBLICATION DATE: MARCH 9, 2012
SUPERVISOR STEC-I will try to summarize and I see that our Assessor is here tonight in case
we've got any questions either from the board or from the audience. New York State Real
Property Law allows at the local municipalities option for them to set an income limit for low
income seniors to receive a partial property tax exemption on their property. This is similar to
other senior exemptions that are available and to veteran's exemptions, which, of course, the
Town and the Counties have in place throughout the County as well. The current income limit
hasn't been adjusted in fifteen years and frankly it probably didn't matter for nine years because
we didn't have a Town tax anyways so it didn't matter and no one really minded because again it
was an exemption on no tax. The board is considering an action that would have no impact on
the County or the School taxes this is just for the local Town general fund tax, which by far is the
smallest of any of the taxes on your property tax bill. It hasn't been adjusted in fifteen years so
the Town is considering raising that low income cutoff limit from seventeen and a half thousand
dollars to twenty nine thousand dollars. Terri Ross has estimated and she can elaborate as need
be, but her estimates are based on her data that come from star application and other data that she
has in her office for Queensbury that this is going to impact potentially positively about three
hundred and fifty low income seniors in Queensbury. The total cumulative impact on the Town
general fund if we grant these exemptions this is like lowering anyone else's property assessment
is estimated to be about ten thousand dollars so that means that the rest of the thirteen some odd
thousand properties throughout the Town would have to absorb the cost of the exemption, which
is ten thousand dollars. On a twelve million dollar general fund budget ten thousand dollars is
not a significantly large amount. In fact her estimates are that to the average residential property
taxpayer i.e., the five of us here and the vast majority of people in the audience and that maybe
watching are about fifty cents per house per year so certainly two phone calls at a pay phone a
year is the impact. Before people get excited as to whether or not this is a significant impact to
the individuals property tax no it's not to the vast majority of people out there, but it is a
potentially positive impact to about three hundred and fifty low income seniors in Queensbury.
Of course, you can debate the social and financial impacts to try and motivate and facilitate
keeping senior citizens that are in their homes in their homes and not at another option
potentially has savings, too. I think based on those arguments and perhaps most importantly at
least at this level the relatively minor overall impact to the tax base the Town Board has set this
public hearing tonight to listen to any interested people that would like to comment on this
proposed change. With that said I will open the public hearing if there are any members of the
public that would like to comment we will take any comment that there is.
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
SUPERVISOR STEC-Do we have any correspondence Karen?
DEPUTY CLERK, O'BRIEN-No.
SUPERVISOR STEC-Seeing no comment I will close this public hearing and I will entertain a
motion.
PUBLIC HEARING CLOSED
COUNCILMAN BREWER-Questioned why the brackets are so small.
SUPERVISOR STEC-The way the law is you can graduate it down in those small increments
this is the formula set up by the State the only thing we are picking is where that number starts
ATTORNEY HAFNER-It is set by statute.
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 170
SUPERVISOR STEC-Any other discussion, I will entertain a motion.
RESOLUTION ENACTING LOCAL LAW NO. 4, OF 2012 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 155, "TAXATION,"
ARTICLE I, ENTITLED "SENIOR CITIZENS TAX EXEMPTION"
RESOLUTION NO. 106,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: 4, of 2012
to amend Queensbury Town Code Chapter 155, "Taxation," Article I thereof entitled, "Senior Citizens Tax
Exemption,"to provide for an increase in the income limitation for the partial exemption from Town taxes,
and
WHEREAS, such legislation is authorized in accordance with the New York State Real Property Tax
Law§467 and New York State Municipal Home Rule Law §10,and
WHEREAS,the Town Board duly held a public hearing on Monday, March 19th, 2012 and heard all
interested persons,and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form
approved by Town Counsel,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 4, of 2012 to amend
the Queensbury Town Code Chapter 155, "Taxation," Article I thereof entitled, "Senior Citizens Tax-
Exemption"as presented at this meeting,and
BE IT FURTHER
RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file
the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal
Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the
Secretary of State.
Duly adopted this 191h day of March,2012,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Strough
NOES : None
ABSENT: Mr. Montesi
LOCAL LAW NO.: 49 2012
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 155 "TAXATION" ARTICLE I, ENTITLED,
"SENIOR CITIZENS TAX EXEMPTION"
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 171
BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS.
SECTION 1. Queensbury Town Code Chapter 155, Article I, §155-2, "Exemption
granted; conditions" paragraph(A)(2), is hereby amended to read as follows:
§ 155-2. Exemption granted; conditions.
A. Real property owned by persons 65 years of age or over shall be exempt from Town taxes to
the extent of 50% of the assessed valuation, subject to the following conditions:
(1) The owner or all of the owners of real property seeking qualification for exemption
must file an application annually in the Assessor's office on forms prescribed by the
Town Board to be furnished by the appropriate assessing authority and shall furnish
the information and be executed in the manner required or prescribed in such forms
and shall be filed in such Assessor's office on or before the appropriate taxable
status date.
(2) The income of the owner or combined income of the owners must not exceed
$29,000 for the income tax year immediately preceding the date of making the
application for exemption. "Income tax year" shall mean the twelve-month period
for which the owners filed a federal personal income tax return or, if not such return
is filed, the calendar year.
SECTION 2. Queensbury Town Code Chapter 155, Article I, §155-3, "Graduated schedule
of income eligibility" is hereby amended to read as follows:
§155-3. Graduated schedule of income eligibility.
A further exemption is provided to increase the maximum income eligibility level for a
senior citizens exemption is provided as follows:
Percentage of Assessed Valuation Exempt
Annual Income From Taxation
$29,000 or less 50%
More than$29,001 but less than$29,999 45%
$30,000 or more, but less than$30,999 40%
$31,000 or more, but less than$31,999 35%
$32,000 or more, but less than$32,899 30%
$32,900 or more, but less than$33,799 25%
$33,800 or more, but less than$34,699 20%
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 172
$34,700 or more, but less than$35,599 15%
$35,600 or more, but less than$36,499 10%
$36,500 or more, but less than$37,399 5%
SECTION 3. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law §27.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE VEHICLES AND EQUIPMENT
RESOLUTION NO.: 107,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board
may authorize the sale of items which are no longer needed by the Town or obsolete,and
WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus
items in their respective Departments and the Town Budget Officer did receive lists of vehicles and items
from various Departments which are considered to be surplus,and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus vehicles and
items and did not receive any requests from the Departments for such surplus vehicles and items and
therefore has requested Town Board authorization to sell the surplus vehicles and items by using auction
companies: 1)Auctions International;and 2)GovDeals,to dispose of such surplus property,and
WHEREAS, the following is the list of surplus vehicles and items provided by the various Town
Departments:
Asset
Description No. Serial Number Dept.
1987 Ski Doo Snowmobile 3125 3621-01273 Parks&Recreation
1990 Smith Co Easy Rider Field Scarifier 3216 USE-P1913 Parks&Recreation
1988 Ariens 8 hp Snow Blower 19126 Parks&Recreation
2001 8'Fisher Snow Plow Parks&Recreation
2001 10'Western Snow Plow Parks&Recreation
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 173
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus vehicles
and items that are no longer needed b`-the Town or obsolete as follows:
Asset
Description No. Serial Number Dept.
1987 Ski Doo Snowmobile 3125 3621-01273 Parks&Recreation
1990 Smith Co Easy Rider Field Scarifier 3216 USE-P1913 Parks&Recreation
1988 Ariens 8 hp Snow Blower 19126 Parks&Recreation
2001 8'Fisher Snow Plow Parks&Recreation
2001 10'Western Snow Plow Parks&Recreation
and
BE IT FURTHER
RESOLVED,that the Queensbun-Town Board hereby authorizes and engagement of the services of
auction companies Auctions International and GovDeals to sell/dispose of the surplus vehicles and items,and
BE IT FURTHER
RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue
account(s)in accordance with the Queensbun-Town Code and New York State Laws,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or
Purchasing Agent to accept or reject any bids received online for any online auction bids,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Budget
Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr.Strough,Mr. Brewer
NOES : None
ABSENT:Mr. Montesi
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 174
RESOLUTION APPOINTING THOMAS MATTESON AS SENIOR
WATER MAINTENANCE SUPERVISOR ON PERMANENT BASIS
RESOLUTION NO. 108,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No.: 18 ,2011 the Queensbury Town Board established the position of
Senior Water Maintenance Supervisor and promoted Thomas Matteson from Water Maintenance Foreman to
such Senior Water Maintenance Supervisor on a provisional basis until such time as Mr. Matteson met all
Civil Service requirements for the position,and
WHEREAS, the Warren County Department of Personnel and Civil Service has advised that Mr.
Matteson placed successfully on the Warren County Civil Service exam for such position,and
WHEREAS, the Town's Water Superintendent has therefore recommended that the Town Board
appoint Mr. Matteson on a permanent basis,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Thomas Matteson as Senior Water
Maintenance Supervisor on a permanent basis effective March 7th,2012,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 necessary to effectuate the terms of this
Resolution.
Duly adopted this 19th day of March,2012 by the following vote:
AYES : Mr. Metivier,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT:Mr. Montesi
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 175
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND WARREN COUNTY SOIL AND WATER
CONSERVATION DISTRICT IN CONNECTION WITH PURCHASE OF
MOBILE WASEMECLAIM SYSTEM
RESOLUTION NO.: 109,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS,the Lake George Park Commission has requested that the Towns of Queensbun% Lake
George, Bolton and Hague each contribute $10,000 to the Warren Count` Soil and Water Conservation
District (Count`), so that the Count` may purchase a mobile boat wash/reclaim system, a portable, self-
contained mobile washing station as part of its initial efforts to inspect and wash boats in an effort to kill and
contain invasive species,and
WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of occupancy tax
revenues from Warren Countv in accordance with the Local Tourism Promotion and Convention
Development Agreement(Agreement)entered into between the Town and Warren Count`,and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
agreement are subject to further Resolution of the Queensbun-Town Board,and
WHEREAS, the Town Board wishes to provide funding in the requested amount of$10,000, with
occupancy tax revenues received from Warren Count`,and
WHEREAS, a proposed Agreement between the Town and Count` has been presented at this
meeting,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby approves and authorizes the funding of the
aforedescribed mobile boat wash/reclaim s`-stem and the coinciding Agreement between the Town and the
Warren Count` Soil and Water Conservation District (Count`) substantially in the form presented at this
meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not
exceeding the sum of$10,000 and to be provided by occupancy tax revenues the Town receives from Warren
Count`,to be paid for from Account No.: 001-6410-4412,and
BE IT FURTHER-
RESOLVED, that should the County have any leftover funds, the Town Board authorizes the
Count` to use such funds toward the Lake George Lake Steward Program, and
BE IT FURTHER-
RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren Count`.
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 176
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier
NOES : None
ABSENT:Mr. Montesi
RESOLUTION SETTING HEARING CONCERNING UNSAFE
STRUCTURE LOCATED ON PROPERTY OWNED BY RICK RANDALL
RESOLUTION NO. 110,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)
inspected a home owned by Rick Randall located at 622 Luzerne Road in the Town of Queensbury(Tax Map
No.: 308.E-1-34) and found that the building is in severe disrepair,the roof has collapsed,the exterior walls
are starting to bow, showing signs of severe collapse, and the structure is generally in disrepair,unusable and
unsafe,and
WHEREAS,the Director advised Mr. Randall to take appropriate measures to demolish the structure
as more specifically set forth in the Director's February 1�t',2012 letter presented at this meeting,and
WHEREAS,the Director has advised the Queensbury Town Board that in his opinion the structure is
dangerous and unsafe to the general public and therefore would like the Town Board to take action if the
property owner fails to demolish the structure,and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town
Law §130(16). the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe
and dangerous, and if so, order that notice be served upon the owner or other persons interested in the
property that the structure must be demolished and removed,
NOW,THEREFORE, BE IT
RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board
is of the opinion that the structure owned by Rick Randall and located at 622 Luzerne Road in the Town of
Queensbury(Tax Map No.: 308.E-1-34)appears to be dangerous and unsafe to the public,and
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 177
BE IT FURTHER
RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe
structure on Monday, April 2 d, 2012 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road,
Queensbury,and
BE IT FURTHER
RESOLVED,that the Town Board hereby authorizes and directs the Director of Building and Codes
Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal
representatives, agents, lessees, or any person having a vested or contingent interest in the property, the
contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code
Chapter 60 and New York State Town Law§130(16).
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier,
NOES : None
ABSENT:Mr. Montesi
RESOLUTION SETTING HEARING ON BAYBROOK II, LLC'S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENTS
RESOLUTION NO.: 111,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners situated
within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to
the public sewer facilities within one(1)year from the date of notice,and
WHEREAS, Baybrook II, LLC has applied to the Town Board for a variance/waiver from Town
Code §136-44.1 for an extension of the Town's connection requirements to connect its property located at 3-
4, 7-9 Bay Brook Drive (six separate apartment buildings) to the Queensbury Consolidated Sanitary Sewer
District as set forth in its February 27th,2012 application presented at this meeting,
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 178
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, April 2 d, 2012 at
7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury. to consider Baybrook II, LLC's
sewer connection variance/waiver application concerning its property located at 3-4, 7-9 Bay Brook Drive,
Queensbury(Tax Map No.: 296.11-1-28).and
BE IT FURTHER-
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the
Notice of Hearing presented at this meeting to the Applicant required by law.
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Strough
NOES :None
ABSENT:Mr. Montesi
DISCUSSION HELD BEFORE VOTE:
ATTORNEY HAFNER-Mr. Schermerhorn had put in a sewer line in this area for the Town this particular
part of his property he has not tied into. He says that it is going to cost an awful lot of money for it and
makes it cost effective he has asked for an extension. I believe that he talked with two of the Town Board
members and that he promised and the letter from his Attorney, which is part of this package, promised that
he will hook up within three years he has asked for this waiver extension so that he can finish making
business decisions.
SUPERVISOR STEC-Ron and I did talk about emphasizing that right now they don't have a problem and he
is anticipating that he has more than much more than three years left in the life of this existing septic system.
In fact they think that it is ten years old and it has another ten years of life in it. However, we emphasize the
need to start moving towards tying in the long term an`ways and they were agreeable that if we gave them
three years that wouldn't ask for another extension, but they would make sure that this happened. So if you
can make sure Karen that the record does reflect when we t`pe the minutes just in case three years from now
somebodv needs to say what the arrangement was. That is what we will be considering at our hearing on
April 2"d. Bob, I am sure that on April 2nd what we consider we will make that crystal clear that it is the
arrangement.
ATTORNEY HAFNER-Correct.
RESOLUTION AUTHORIZING HIRING OF WILLIAM VANNESS AND
EDWARD REARDON AS PART-TIME, ALTERNATE COURT OFFICERS
RESOLUTION NO. :112,2012
INTRODUCED BY : Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY Mr. Tim Brewer
WHEREAS, the Queensbury Town Justices have requested recommended that the Town Board
authorize the hiring of William VanNess and Edward Reardon as part-time, alternate Town Court Officers,
and
WHEREAS,the Town Board concurs with such hiring recommendation,
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 179
WHEREAS, Town Policy requires that familial relationships be disclosed and the Town Board
approve the appointment of Town employees' relatives, and Mr. VanNess is the brother of Thomas
VanNess,the Town's Deputy Highway Superintendent,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun-Town Board hereby authorizes and directs the hiring of William
VanNess and Edward Reardon as part-time,alternate Court Officers effective on or about March 20th,2012 at
the hourly rate of pay of$14.71 as set forth in Town Board Resolution No.: 36 ,2012, and subject to the
Town successfully completing background checks as reasonably necessary to judge fitness for the duties
for which hired,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes payment in the amount of$2 .38 per service to
Messrs. VanNess and Reardon for service of any paper required by Town Court or any Town of Queensbury
Department,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Justices and/or Town Budget Officer to complete any necessary forms and take any actions necessary to
effectuate this Resolution.
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr. Strough,Mr. Brewer
NOES : None
ABSENT:Mr. Montesi
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF MARCH 20TH, 2012
RESOLUTION NO.: 113,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of March 15 th,2012 and a payment date of March 20th 2012,
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 180
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
March lath,2012 and a payment date of March 20th,totaling$1,468,994.95, and
BE IT FURTHER-
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 19th day of March,2012,by the following vote:
AYES : Mr. Metivier,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT:Mr. Montesi
4.0 PRIVILEGE OF THE FLOOR
GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke to the board regarding spring cleanup with the
nice weather asked the board if they would consider opening up the landfill so people could bring their debris
there for free.
SUPERVISOR STEC-I think Mike mention he was hoping to get out early hoping to bring on his temp help
early because of the weather. I will ask Mike Travis if he would like to accelerate this and move the timeline
up,noted the only time we opened the dump for free was for Irene.
MR. WINTERS-Asked what it costs to drive one of the Town trucks over the road to pick up my brush?
They are going to picked it up from my house for nothing, but I can't bring it to the dump for nothing does
that make sense to anvone?
SUPERVISOR STEC-The leaf pickup in the spring and fall is for the incidental stuff that falls out of the tree.
If you want to clear a lot or cut down trees in the Town we don't want to take that for free that we do want to
charge for.
MR.WINTERS-Believes it would a lot cheaper for the Town to open the dump and let people drop off leafs
and brush that thev have.
COUNCILMAN BREWER-For like a week or two?
MR.WINTER-Sometime.
COUNCILMAN BREWER-We can ask him about it we can ask Keith. I don't have any problem with that if
somebodv wants to do it on their own.
SUPERVISOR STEC-Asked Councilman Brewer to contact Keith Sheerer regarding this.
JOHN SALVADOR ALEXY LANE, NORTH QUEENSBURY-Spoke to the board regarding Resolution
Authorizing Agreement between Town of Queensbury and Warren County Soil and Water Conservation
District in Connection with Purchase of Mobile Wash/Reclaim System. Stated there is no question that we
should do something about invasive species the use of occupancy tax money is totally inappropriate. Does
not think they have done enough to determine all the sources of contamination. Read from the Occupancy
Tax Local Law. Spoke regarding the study we are going through this exercise of washing boats let the
people get their own boats washed if they have them contaminated they will learn. On retrieval there are
more boats contaminated than have gone into the lake so Lake George is a greater source of contamination
than the outside. Inspection is working it can continue to work and this program of boat washing I don't
know where it is going questioned who is going to man this?
SUPERVISOR STEC-The Park Commission is handling the implementation it is their Pilot Program that we
are helping to fund.
MR. SALVADOR-Questioned if there is anything to report on the Community Stormwater Program?
SUPERVISOR STEC-I will be mentioning that in my remarks.
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 181
MR. SALVADOR-Spoke regarding that the Highway Superintendent started to undertake a program of
improvement on Dunham Bay Road to the extent that he had a surveyor out there laying out the road at least
the boundaries of the road. I was encouraged that something would happen there spoke with him sent him a
letter copied the board on this since that start nothing has seemed to happen. Spoke with him the other day
and it seems like everything has come to a halt is there any reason for that?
SUPERVISOR STEC-I will have my remarks in a few minutes.
PLINEY TUCKER 41 DIVISION ROAD, QUEENSBURY-Asked Supervisor Stec if he could request from
Mike Swan,Treasurer a report on how much your position as Supervisor received from the County as pay?
SUPERVISOR STEC-You can get that from the Treasurer at the County it is public information. You can
call the Treasurer he is an elected official he will answer vour call.
5.0 CORRESPONDENCE
DEPUTY CLERK O'BRIEN-Supervisor's Monthly Report for February for Community Development and
Building and Codes on file in the Town Clerk's Office.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER
• NONE
COUNCILMAN STROUGH
• Spoke regarding the 20th Anniversary of the Town of Queensbury the patent was given May 20th
1762 two hundred and fifty`ears ago. Members of the Town specifically Dr. Marilyn VanDyke and
Joan Aldous her assistant and I have worked with Trampoline Design and came up with a very nice
brochure promoting the Town and our history. There will be two celebrations one on May 20th,
2012, which is the date that the Queensbury patent was proclaimed and made official. This May
20th, 2012 at 2:00 p.m. at the Quaker Cemetery there is going to be a celebration of our 25Oth year. It
is being held at the Cemetery because the Quakers were the first founders in the Town of
Queensbury they came up from the Poughkeepsie area secured the patent moved here. On August
25th 2012 there will be a celebration here at the Town Hall with various events in and around the
Town buildings on that day from 12:00 p.m. to 3:00 p.m. Supervisor Stec will be there along with
some of the other past Town Supervisor's.
COUNCILMAN BREWER
• Spoke regarding May 1St , 2012 being the start of the spring cleanup for the Highway Department
will have conversation with Keith Sheerer, about the leafs also will ask Mike Travis if he is going to
move the schedule up then on our meeting on April 2d,2012 we can let people know.
• Spoke to the board about the scheduling a meeting with Highway Superintendent, Mike Travis
regarding a road tour for paving roads.
SUPERVISOR STEC
• Spoke regarding his meeting with the North Queensbury Stormwater Management Team, Mike
Travis and Tom VanNess were there as was someone from the Park Commission a couple of
people from Warren County Soil and Water, George Hilton from the Town Planning
Department. They are about to go out and do a comprehensive inventory in North Queensbury of
the current conditions with the GIS and map it out and make an inventory. They are hoping to
move forward with some remediation with some of the stormwater needs in North Queensbun
later this year. As,I get information I will certainly bring you guys up to speed.
• www.queensbury.net
• Thanked Look TV and sponsors for televising the Town Board Meetings.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 114,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.John Strough
REGULAR TOWN BOARD MEETING 03-19-2012 MTG#7 182
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board
Meeting.
Duly adopted this 19th day of March,2012,by the following vote:
AYES: Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier
NOES: None
ABSENT:Mr. Montesi