2014-09-08 - Mtg 33 REGULAR TOWN BOARD MEETING MTG#33
SEPTEMBER 08, 2014 RES #314-325
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN WILLIAM VANNESS
BOARD MEMBERS ABSENT
COUNCILMAN DOUG IRISH
TOWN COUNSEL
BOB HAFNER
TOWN OFFICALS
SUPERINTENDENT OF WATER& SEWER, CHRIS HARRINGTON
PRESS
POST STAR, LOOK TV
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS
SUPERVISOR STROUGH called meeting to order and reviewed each proposed resolution for
the public's information.
CHRIS HARRINGTON, Superintendent of Water& Sewer reviewed the proposed construction
project of the Force Main Bypass Project —Meadowbrook Sewer Pump Station.
DAVE DECKER, PE and Director of Lake George Watershed Coalition reviewed the proposed
sewer district map, plan and report for the Dunham's Bay area.
1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS
JIM MACKEY, Ward 1-Referred to Resolution 2.7, Resolution Setting Public Hearing regarding
the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015 and noted that
the Glen Lake Protective Association was a beneficiary of a portion of a grant that was awarded,
that grant was for the prevention of invasive species. Stated that he is a member of the Glen
Lake Protective Association and was told at their last meeting that the money would be used for
remediation and not for prevention. Requested that the Town Board confirm that the monies will
not be used for remediation. Referred to resolution 2.6, Resolution Reaffirming Open and
Transparent Government and read statement into the record supporting the need for this
resolution.
BARBARA SIMMS-Thanked the Town Board members for their support throughout the
endeavor in relationship to Resolution 2.11, Order Setting Public Hearing Concerning Proposed
North Queensbury Wastewater Disposal District No. 1 to Serve the Dunham's Bay Area. Also
thanked Ron Montesi, John Strough, Brian Clements, Tony Metivier, Dave Decker, Bob Hafner,
Chris Navitsky and Kathy Bozony for all their efforts on behalf of the Dunham's Bay residents.
MR. SALVADOR-Referred to Resolution 2.4, Resolution Authorizing Bid to Gallo Construction
for Sewer District Improvement /Force Main Bypass Project —Meadowbrook Sewer Pump
Station, noted concern that there were only two bids received and asked the Town Board to table
the resolution pending the sewer study of the Bay Road corridor. Spoke to the Town Board
regarding the process involving Resolution 2.11, the North Queensbury Wastewater Disposal
District.
RON BALL-Questioned Resolution 2.9, Resolution Authorizing Closure of Riverside Park
Capital Project Fund #158.
2.0 RESOLUTIONS
RESOLUTION AUTHORIZING CLOSURE OF HIGHWAY FUEL
STORAGE TANKS CAPITAL PROJECT FUND #178
RESOLUTION NO.: 314, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with Resolution No.: 317, 2010, the Queensbury Town
Board established the Highway Fuel Storage Tanks Capital Project Fund #178 which Fund
established funding for expenses associated with the closure and replacement of underground
fuel storage tanks at the Town Highway Garage, and
WHEREAS, the Town's Facilities Manager has advised that the Project is complete and
Fund #178 can be closed, and
WHEREAS, the Town's accounting records show that there is approximately $94,025.15
remaining in Fund #178, and
WHEREAS, the Town Board wishes to close such Fund #178 and transfer its remaining
balance back to the Town's General Fund and/or toward the BAN principal payment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close the Highway Fuel Storage Tanks Capital Project Fund #178 and transfer
$30,000 to the Town's General Fund and $64,025.15 towards the BAN principal payment that is
due October 1, 2014 as follows:
• 001-0000-55031 Interfund Revenues—Increase by $94,025.15
• 001-9730-6030 Ban Principal - Increase by $64,025.15
• 178-9901-9128 Transfer to Operating Funds - Increase by $94,025.15
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Accountant and Facilities Manager to take such other and further action as
may be necessary to effectuate all terms of this Resolution.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING PURCHASE OF NEW 3/4 TON REGULAR
CAB 4X4 PICK-UP REPLACEMENT TRUCK AND ASSOCIATED PLOW
AND ACCESSORIES FOR TOWN WATER DEPARTMENT
RESOLUTION NO.: 315, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with Resolution No.: 238,2014, the Town of Queensbury's
Purchasing Agent duly advertised for bids for the purchase of a new 3/4 Ton Regular Cab 4x4 Pick-
Up Truck to replace a rusted out truck in the Water Department as set forth in bid specifications
prepared by the Water Superintendent and/or Purchasing Agent, and
WHEREAS, on August 13t1i 2014, the Purchasing Agent duly opened the one received
bid from West Herr Ford of Hamburg, NY for the amount of$22,029, and
WHEREAS, the Town Water Superintendent has advised that the State Contract Price for
the exact same package at Henderson Ford of Webster, New York is $21,779.50, and
WHEREAS, the Town Water Superintendent and Purchasing Agent have therefore
recommended that the Town Board authorize the truck purchase from Henderson Ford of
Webster New York in accordance with State Contract No.: PC66390/Award No.: 22737 for the
amount of$21,779.50,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water
Superintendent's purchase of a 2015 Ford F250 3/4 Ton Regular Cab 4x4 Pick-Up Truck for use by
the Town Water Department from Henderson Ford of Webster, New York for the amount of
$21,779.50, in accordance with State Contract No.: PC66390/Award No.: 22737, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the purchase of a plow and other
minor accessories for such truck for an amount not to exceed $7,500, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment for such
truck, plow and accessories shall be from Account No.: 040-8340-2020, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to transfer $29,280 from the Town Water Department's Fund Balance to Account No.:
040-8340-2020 and amend the 2014 Town Budget, make any adjustments, budget amendments,
transfers or prepare any documentation necessary to effectuate payment, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer
to engage the services of auction company GovDeals to sell/dispose of the rusted out and retired
truck and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the
Queensbury Town Code and New York State Laws, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action
necessary to effectuate the terms of this Resolution.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN
PINE VIEW CEMETERY FROM RICHARD LENAGHEN
RESOLUTION NO.: 316,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Brian Clements
WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery
lot in the Pine View Cemetery to Richard Lenaghen—Plot No.: 71-A, Erie Section, and
WHEREAS, by letter, Mr. Lenaghen has requested that the Town's Cemetery Commission
buy back such lot, and
WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended
re-purchase of such lot and approval of the re-purchase by the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery
Commission's re-purchase of a lot in the Pine View Cemetery from Richard Lenaghen —Plot No.:
71-A, Erie Section, for the amount of$733.34, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for the payment of such amount to Mr. Lenaghen and properly account for the sales in the
Town's books and records.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING AWARD OF BID TO GALLO
CONSTRUCTION FOR SEWER DISTRICT IMPROVEMENT/FORCE
MAIN BYPASS PROJECT - MEADOWBROOK SEWER PUMP STATION
RESOLUTION NO.: 317, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
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 sewage 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, by Resolution No.: 375, 2013 the Queensbury Town Board authorized certain
improvements to the Districts, specifically 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 make certain other system improvements, all in accordance with Town Law §202-b,
(hereinafter referred to as the"Project') and determined such Project to be in the public interest, and
WHEREAS, for the purpose of paying the cost of the Project, including related
preliminary and incidental costs, by Resolution No.: 376, 2013 the Town Board authorized the
issuance of serial bonds and bond anticipation notes of the Town up to a maximum amount of
$1,011,000, and
WHEREAS, by Resolution No.: 222,2013 the Town Board authorized engagement of
Delaware Engineering, P.C. for provision of professional engineering services for the design and
construction supervision of the Project improvements and authorized the establishment of the
"Queensbury Consolidated Sanitary Sewer District Improvements Capital Project Fund #198,"
which established funding for the engineering services and established initial appropriations and
estimated revenues for Capital Project Fund #198 in the amount of$75,250, and
WHEREAS, Delaware Engineering, P.C., prepared bid documents and specifications to
advertise for bids for the Project improvements, and
WHEREAS, by Resolution No.: 435,2013, the Town Board authorized an advertisement for
bids, and
WHEREAS, on August 22"a 2014, all received bids were opened, and
WHEREAS, Delaware Engineering, P.C., the Town Wastewater Director and Purchasing
Agent have recommended that the Town Board award the bid to the lowest responsible bidder,
Gallo Construction of Watervliet, NY for an amount not to exceed $959,392, and
WHEREAS, the Wastewater Director 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 total amount of
$12,000 for Change Orders that he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for
such Project from the lowest responsible bidder, Gallo Construction of Watervliet, NY, for an
amount not to exceed $959,392, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any needed Agreement between the Town and Gallo Construction of Watervliet, NY in
form acceptable to the Town Supervisor, Wastewater Director, Town Budget Officer, Purchasing
Agent 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 total amount not exceeding
$12,000 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for this
Project shall be by $1,011,000 from serial bonds in accordance with Resolution No.: 376,2013,
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board further authorizes and directs the Town
Budget Officer to take all action necessary to Increase Appropriation 198-8320-2899 Capital
Construction by $971,392, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the 2014 Town Budget, make any adjustments, budget amendments, transfers
or prepare any documentation necessary to establish such appropriations and estimated revenues
and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes a temporary loan from Wastewater
Fund#36 to avoid unnecessary delays until such time as bond anticipation notes are issued, and
BE IT FURTHER,
RESOLVED, that upon completion of work and/or any necessary Change Order(s), the
Town Board further authorizes payment for these services, and
BE IT FURTHER,
RESOLVED, that upon completion of this project the Town Board authorizes and directs
the Town Budget Officer to close Capital Project Fund #198 and to return any and all
unexpended balances from this project towards debt service, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Wastewater Director, Budget Officer, Purchasing Agent and/or Town Counsel to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING AGREEMENT WITH STORED
TECHNOLOGY SOLUTIONS, LLC FOR PROFESSIONAL
INFORMATION TECHNOLOGY SERVICES
RESOLUTION NO.: 318,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, by Resolution No.: 259,2014, the Queensbury Town Board authorized an
Amendment — 60 Day Extension Agreement between the Town of Queensbury and Stored
Technology Solutions, Inc., (Stored Tech) dated July 15, 2014 for the provision of professional
information technology services, and
WHEREAS, the Town and Stored Tech have negotiated terms for a 24 month Agreement
for the continued provision of such information technology services, which Agreement shall
include a mutual 30 day cancellation clause providing in part that in the event the Town was to
discontinue its Agreement with Stored Tech, Stored Tech will cooperate with the Town of
Queensbury's new information technology services provider, and
WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's two (2)
quotes, self-imposed bidding requirement in this instance for information technology equipment
purchases through Stored Tech so that the Town may take advantage of third party reseller prices
from Stored Tech and State Contract, thereby saving taxpayer money and standardizing
equipment, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, a proposed Agreement dated September 3, 2014 is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that for the reason outlined above, in these circumstances the Queensbury
Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for
two (2) written quotes and authorizes information technology equipment services through Stored
Technology Solutions, Inc., (Stored Tech) such purchases to be paid for from the appropriate
accounts as will be determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Agreement between the Town of
Queensbury and Stored Tech dated September 3, 2014 substantially in the form presented at this
meeting and authorizes and directs the Town Supervisor to execute such Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Counsel, and/or Town Budget Officer to take such other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT : Mr. Irish
RESOLUTION REAFFIRMING OPEN AND
TRANSPARENT GOVERNMENT
RESOLUTION NO.: 319, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, James Madison, the father of our federal Constitution, wrote that "consent
of the governed" requires that the people be able to "arm themselves with the power which
knowledge gives," and
WHEREAS, every citizen in our participatory democracy has an inherent right of access
to government meetings and public records, and
WHEREAS, an open and accessible government is vital to establishing and maintaining
the people's trust and confidence in their government and in the government's ability to
effectively serve its citizens, and
WHEREAS, the protection of every person's right of access to public records, public
hearings and government meetings is a high priority of the Queensbury Town Board, and
WHEREAS, the Queensbury Town Board is committed to openness and transparency in
all aspects of its operations and seeks to set a standard in this regard,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board commits to work diligently to enhance
the public's access to government records and information, increase information provided
electronically and online and ensure that all meetings and hearings of deliberative bodies under
its jurisdiction, and their committees, are fully noticed and open to the public.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
RESOLUTION SETTING PUBLIC HEARING ON GLEN LAKE AQUATIC
PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2015
RESOLUTION NO.: 320,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning
adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for
2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
September 22"d 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury
to hear all interested parties and citizens concerning the proposed 2015 Glen Lake Aquatic Plant
Growth Control District Benefit Tax Roll, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of
Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice
of Public Hearing along with a copy of the Tax Roll to each property owner within such District.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION SETTING PUBLIC HEARING ON LAKE SUNNYSIDE
AQUATIC PLANT GROWTH CONTROL DISTRICT
BENEFIT TAX ROLL FOR 2015
RESOLUTION NO.: 321, 2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning
adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll
for 2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
September 22"d 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury
to hear all interested parties and citizens concerning the proposed 2015 Lake Sunnyside Aquatic
Plant Growth Control District Benefit Tax Roll, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of
Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice
of Public Hearing along with a copy of the Tax Roll to each property owner within such District.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES : None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING CLOSURE OF RIVERSIDE PARK
CAPITAL PROJECT FUND #158
RESOLUTION NO.: 322, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with Resolution No.: 160,2006, the Queensbury Town Board
established the Riverside Park Capital Project Fund #158 which Fund established funding for
expenses associated with capital improvements for the Riverside Park Recreation Area
Expansion and Improvement Project specifically, the construction of public trails as part of the
Town's Agreement with the Open Space Institute, and
WHEREAS, the Town's Parks and Recreation Director has advised that the Agreement
with the Open Space Institute has expired and since there is no longer an agreement in place to
provide public recreation trails at Riverside Park, the Director and Town Recreation Commission
would like to close Fund #158 and transfer its remaining balance to the Town's Rush Pond Way
Capital Project Fund #166, and
WHEREAS, the Town's accounting records show that there is approximately $57,500
remaining in Fund #158, and
WHEREAS, the Town Board wishes to close such Fund #158 and transfer its remaining
balance to the Town's Capital Project Fund #166,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close the Riverside Park Capital Project Fund #158 and transfer its remaining
$57,500 to the Town's Rush Pond Way Capital Project Fund #166, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Accountant and Parks and Recreation Director to take such other and
further action as may be necessary to effectuate all terms of this Resolution.
Duly adopted this 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF AUGUST 29TH, 2014 AND SEPTEMBER 9TH, 2014
RESOLUTION NO.: 323,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills
presented as Warrants with run dates of August 29th 2014 and September 4th, 2014 and payment
dates of August 29th 2014 and September 9th, 2014,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run
dates of August 29th 2014 and September 4th, 2014 and payment dates of August 29th, 2014 and
September 9th 2014 totaling $286,377.17 and $1,009,727.10, respectively, 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 8th day of September, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1
TO SERVE THE DUNHAM'S BAY AREA
RESOLUTION NO.: 324,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury is considering forming a Wastewater Disposal
District to serve 72 properties in the Dunham's Bay area of the Town in accordance with New
York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed
Wastewater Disposal District has been prepared by David J. Decker, P.E., and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
Wastewater Disposal District, a general plan of the proposed system, a report of the proposed
method of operation, the mode and frequency of collection, conveying, treating and disposing of
wastewater or residual wastewater and the mode and frequency of inspections and monitoring;
and states that the location of properties requiring construction or replacement of private on-site
wastewater disposal systems in the next five years will be determined as part of the services
provided by the District, and
WHEREAS, establishment of the Wastewater Disposal District is a Type II action under
the State Environmental Quality Review Act (SEQRA), so review under SEQRA is not required,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The properties included in the proposed Wastewater Disposal District are as set
forth in the Map, Plan and Report and as follows:
Tax Map
Number Property Address Owner
239.12-2-1 27 OLD ASSEMBLY PT RD Mason, James
239.1 -1-12 3142 State Route 9L Crooked Tree Point LLC (Handelman)
239.1 -1-13 28 HIGHVIEW RD Wait, Jane A. (No dwellings)
239.1 -1-14 24 HIGHVIEW RD Daisy Spring Inc. (Wait)
239.1 -1-15 14 HIGHVIEW RD Lvnch, John
239.1 -1-16 STATE ROUTE 9L, OFF Joshua Rock Corp. (No dwellings)
239.1 -1-17 10 HIGHVIEW RD Norton, Charles
239.1 -1-18 4 HIGHVIEW RD Jackson, Marci
239.1 -1-19 2 HIGHVIEW RD Emmens, Matthew
239.16-1-1 5 GRAY LEDGES DR Catlin, Trustee, Thomas I.
239.16-1-2 7 GRAY LEDGES DR Matthews, Diane H.
239.16-1-3 11 GREY LEDGES DR Ervolina, Salvatore
239.16-1-4 STATE ROUTE 9L Ervolina, Salvatore (No dwellings)
239.16-1-5 5 SIGN POST RD McCarthy, Shawn R.
239.16-1-6 7 SIGN POST RD Faucher, Richard
239.16-1-7 11 SIGN POST RD Loughrey, Michael L.
239.16-1-8 17 SIGN POST RD Wrigley, Douglas
239.16-1-9 13 SIGN POST RD Morehouse, Andrew J.
239.16-1-10 15 SIGN POST RD Landers, Sarah Catlin
239.16-1-11 19 SIGN POST RD Lapham, Bonnie M.
239.16-1-12 21 SIGN POST RD Lennox, Anne
239.16-1-13 27 SIGN POST RD Campbell, Dale
239.16-1-14 23 SIGN POST RD King, Drusilla
239.16-1-15 STATE ROUTE 9L Seitz Trust, Joachim (No dwellings)
239.16-1-16 30 BURNT RIDGE RD Chapuis Associates The (Lempert)
239.16-1-17 26 BURNT RIDGE RD Seitz Trust, Joachim
239.16-1-18 24 BURNT RIDGE RD Green, William
239.16-1-19 20 BURNT RIDGE RD Slote, Lynn
239.16-1-20 16 BURNT RIDGE RD Rapaport, Myron
239.16-1-21 8 BURNT RIDGE RD Simms Trust, Lenton D.
239.16-1-23 26 TALL TIMBERS RD Mastro, Arkley L.
239.16-1-24 STATE ROUTE 9L Mastro, Arkley L. (No dwellings)
239.16-1-25 18 TALL TIMBERS RD Dunton, Robert
239.16-1-26 12 TALL TIMBERS RD Brothers, John
239.16-1-27 6 TALL TIMBERS RD Farragut Park, LLC (Della Bella)
239.16-1-30 78 SUNRISE LANE Rapaport, Michael
239.16-1-32 STATE ROUTE 9L Banta, Gary (No dwellings)
239.19-1-2 2 JOSHUA ROCK RD E. Seelye Estate, Abrams (Joshua Rock Corp.)
(No dwellings)
239.19-1-4 28 JOSHUA ROCK RD Klinek, Patricia
239.19-1-5 26 JOSHUA ROCK RD Curley, Kenneth R.
239.19-1-6 24 JOSHUA ROCK RD Baldwin, William
239.19-1-7 14 JOSHUA ROCK RD Williams, Winton H. (Campanella)
239.19-1-8 10 JOSHUA ROCK RD E. Seelye Estate, Branson (Joshua Rock Corp.)
239.19-1-9 12 JOSHUA ROCK RD West, Andrew D.
239.20-1-1 3020 STATE ROUTE 9L Salvador, John (No dwellings)
239.20-1-2 3010 STATE ROUTE 9L Parillo, Frank J. (No dwellings)
239.20-1-4 10 DUNHAMS BAY Dunhams Bay Boat Co. Inc.
239.20-1-5 2970 STATE ROUTE 9L Turcotte, Albert A.
239.20-1-6 STATE ROUTE 9L Banta, Gary..(No dwellings)
239.20-1-7 2966 STATE ROUTE 9L Didio, Joseph
239.20-1-8 2964 STATE ROUTE 9L Strack Living Trust, Eleanor B
239.20-1-9 2962 STATE ROUTE 9L Reith, Mark
239.20-1-10 2960 STATE ROUTE 9L Mitchell, Phillip R.
239.20-1-11 2958 STATE ROUTE 9L Bania, Andrew
239.20-1-12 2954 STATE ROUTE 9L Holohan, Edward J.
239.20-1-13 2952 STATE ROUTE 9L Lombardi, Daniel A.
239.20-1-14 2948 STATE ROUTE 9L Mastin, Thomas J.
239.20-1-15 2940 STATE ROUTE 9L Clemons, Robert R.
239.20-1-16 2938 STATE ROUTE 9L Butkiewicz, Carol D.
239.20-1-17 2936 STATE ROUTE 9L Calogero, William
239.20-1-18 2934 STATE ROUTE 9L Leonelli, Dianne (Eagle)
239.20-1-19 2930 STATE ROUTE 9L Francis, Gregory
239.20-1-20 2957 STATE ROUTE 9L Buruchian, Robert
239.20-1-21 2987 STATE ROUTE 9L Banta, Gary
239.20-1-23 2969 STATE ROUTE 9L Banta, Gary
239.20-1-24 2979 STATE ROUTE 9L Schriner, John
252.-1-64 2021 BAY RD Bunting, Herbert
252.-1-65 2036 BAY RD Parillo, Frank
252.-1-74 3009 STATE ROUTE 9L Gray, Robert
252.-1-75.1 2999 STATE ROUTE 9L Swordfish Realty, LLC (DB Resort)
252.-1-75.3 DUNHAMS BAY Salvador, John
252.4-91 STATE ROUTE 9L Salvador, John (No dwellings)
2. The proposed Wastewater Disposal District would be established to provide a
management structure and plan to ensure the timely inspection of septic systems to detect signs
of failure and/or malfunction and to optimize the systems' operating efficiencies through
routinely scheduled pump-outs. Specific activities would include: (a) initial inspection of all
systems, (b) establishment of a data base of system locations and components using the Town's
GIS data base, (c) pump-out of existing septic tank systems once every three years (for non-
holding tank systems), (d) annual inspection of systems, (e) education of property owners and
temporary (vacation) users of proper septic system use and maintenance, (f) identification of
failing or substandard systems that may be candidates for consolidation into community systems,
(g) requirement of inspection/certification as a condition of realty transfer and (h) consideration
of the feasibility and benefits to establishing an "approved installer/contractor" list.
3. There are no capital improvements proposed in connection with the Wastewater
Disposal District, so there is no proposed method of financing and there will be no debt service
costs related to the District.
4. The estimated annual cost of the Wastewater Disposal District to the typical
property in the District, which has been determined to be a non-vacant property, would be
approximately $70.33 for the first year, increasing annually to approximately $141.10 in the
tenth year. The Town has obtained grant funding from the New York State Department of
Environmental Conservation to assist in the initial District formation and to provide a 50%
subsidy of the cost of a septic tank pump-out for the typical property for the first ten years of
District operation. Although it would be the intention of the Town to seek additional grant
funding to support continued operation of the District, no assurances can be provided that such
grant funding would be obtained. If no additional grant funding is received, it is estimated that
the annual cost to the typical property in the District would increase to approximately $202.22.
In addition, the Town will for the first year and until changed charge $30 each year for each
vacant lot.
5. A detailed explanation of how the estimated costs of the District were computed
is included in the Map, Plan and Report, which has been filed with the Queensbury Town Clerk
and is available for public inspection.
6. The Town Board shall meet and hold a public hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury, New York, at 7:00 p.m., on Monday, September
22, 2014 to consider the Map, Plan and Report and to hear all persons interested in the proposal
and to take such other and further action as may be required or authorized by law.
7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to
duly publish and post this Order not less than ten (10) days nor more than twenty (20) days
before the public hearing date, as required by Town Law §209-d, and complete or arrange for the
securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of
Notice of the Public Hearing required hereby and to file a certified copy of this Order with the
State Comptroller on or about the date of publication, and to mail copies of this Order to each
property owner in the proposed District.
Duly adopted this 8th day of September 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Irish