2017-11-04 MTG#36 REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 479
REGULAR TOWN BOARD MEETING MTG#36
NOVEMBER 6th, 2017 RES# 317-334
7:00 P.M. B.H.07
L.L. #5
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN GEORGE FERONE
COUNCILMAN TIM BREWER
TOWN COUNSEL
KARA LAIS, ESQ.
TOWN OFFICIALS
BARBARA TIERNEY, BUDGET OFFICER
PRESS
POST STAR, LOOK TV
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR STROUGH-Called meeting to order...
RESOLUTION APPOINTING GEORGE FERONE TO FILL VACANCY IN OFFICE OF
TOWN COUNCILPERSON
RESOLUTION NO.: 317,2017
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, effective October 22, 2017 there was a vacancy in the Office of Town
Councilperson as former Ward III Councilperson Doug Irish resigned his office, and
WHEREAS, under New York State Town Law §64(5), the majority of the Town Board is
authorized to appoint a qualified person to fill the vacancy in the office of Councilperson, and
WHEREAS, the Town Board finds George Ferone to be qualified to hold the office of
Town Councilperson,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints George Ferone as Ward III
Town Councilperson until commencement of the next calendar year, and
BE IF FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Town
Clerk to take all actions necessary to effectuate this Resolution.
Duly adopted this 6th day of November, 2017, by the following vote:
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 480
AYES : Mr. Metivier, Mr. Clements, Mr. Brewer, Mr. Strough
NOES: None
ABSENT:None
Swearing in Ceremony of Town Councilman George Ferone
COUNCILMAN FERONE-Read statement into record regarding his appointment as Councilman
for Ward III.
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 318, 2017
INTRODUCED BY: Mr. Brian Clements
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and enters into the Queensbury Board of Health.
Duly adopted this 6th day of November, 2017, by the following vote:
AYES: Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT:None
PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF
ESTATE OF BARBARA C. BARRY
PUBLICATION DATE: OCTOBER 20, 2017
AGENT MICHAEL O'CONNOR, ESQ.
ATTORNEY O'CONNOR-There are two changes that I would make on what we submitted as
the application. One is that this is going to be a two bedroom not a three bedroom. Secondly,
they talked to...they were advised probably three one thousand gallon tanks would be better than
two fifteen hundred gallon tanks. They would be linked to a large system so that they operate at
one tank as far as volume. That basically is it. The property is currently assessed at a hundred
and fifty thousand dollars. It is very much like adjoining properties along that section of Glen
Lake. Most of the lots are fifty feet wide. We think that it's the only way that this thing is going
to get developed if they go on to a holding tank. We have not submitted the engineering plans. I
have talked to Dave Hatin about that. Whatever we submit has to be approved by the Building
Department and the Town Engineer. We are just trying to avoid three thousand to seven
thousand dollars in expense before we go with...approved holding tank for the property. We got
to do a topographical survey the system. It is probably going to be pretty much like other
systems a pretty standard system.
SUPERVISOR STROUGH-Any questions?
COUNCILMAN BREWER-The only thing is Mike if you put another tank in there is that going
to affect the thirty foot setback? You have it hashed marked around the tanks from the house.
Does it have to have that thirty foot setback?
ATTORNEY O'CONNOR-No it doesn't.
COUNCILMAN BREWER-Okay then it is irrelevant. It will not affect the size either?
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 481
ATTORNEY O'CONNOR-No. We are going to have to go to the Zoning Board and Planning
Board. This was the first step.
COUNCILMAN CLEMENTS-Do you have the dimensions from the proposed holding tank to
the wells into the lake?
ATTORNEY O'CONNOR-The two properties on the sides as I understand have wells. Our lot
being fifty feet wide we would be starting at the center point. We would be seventy five feet at
most and you have to have a hundred foot separation. We would be asking for variances either
from their wells or from....of holding tanks.
SUPERVISOR STROUGH-I don't think you need a hundred foot separation from holding tanks.
ATTORNEY O'CONNOR-If you put in a standard system at the maximum we could do is
would be seventy five feet. This is less...it is a better result.
SUPERVISOR STROUGH-Holding tanks we know where it is.
COUNCILMAN CLEMENTS-It looks like it is much more than a hundred feet from the lake.
You have a side line here of a hundred and ninety two feet. It looks like it is back about four
fifths of the way.
ATTORNEY O'CONNOR-That tank will comply with all of the required setbacks.
MR. FERONE-Like you said. You are going to go before Zoning and Planning, but I don't
know if you mentioned this how many bedrooms in the house?
ATTORNEY O'CONNOR-Two bedrooms. It is going to be a thousand twenty square feet. It is
going to be a two story building. The total will be two thousand forty square feet. It is a small
place. These people are going to occupy it during the summer only....this is their second home
going to be used for retirement.
SUPERVISOR STROUGH-The correction to two bedrooms has already been made on the
application. The only amending that we would have to do is to change it to three one thousand
gallon tanks.
ATTORNEY O'CONNOR-I think...the engineer saying that it's the best system. F.W. Webb is
the material supplier. They suggested that we want to have that verified. It would be three one
thousand gallon tanks or two fifteen hundred gallon tanks.
COUNCILMAN CLEMENTS-The total either way is three thousand.
ATTORNEY O'CONNOR-Three thousand gallons and it would have the alarm system.
SUPERVISOR STROUGH-We can look at that as an approval for two fifteen hundred gallon
holding tanks or three one thousand gallon holding tanks, whichever is most suitable. Any
further questions from the Board, okay. I will open the public hearing. Is there anybody from the
public that would like to speak to this Sewage Disposal Variance Application of the Estate of
Barbara Barry?
PATRICIA BURKE-I reside at 90 Hall Road, which is adjacent to property to the south. I have
some concerns and questions. First I would like to point out the address is actually the right-of-
way for addresses, three, five, seven, and nine. It doesn't indicate that on your document. It just
says that it is crushed stone; stone drive, but those are actually right-of-ways. That means that
the point two one acres has now been reduced by maybe thirty percent. I'm guessing fifteen
hundred square feet. That drops down in my estimate and again I am no authority, but an
estimate of point one eight acres. Which is also not on the map is that there is a utility National
Grid; I assume easement going through all our properties all the way through to the end of Glen
Hall, which then means even less square footage for this lot? The only reason I am making that
point is a mobile home lot is about five thousand square feet or a tenth of an acre. We are
chopping this lot down even smaller. It also has little information on this particular; I know it's
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 482
the early stages that I do know. What is written here it looks like multiple variances will be
requested further down the road. That having been said is there a limit as to how many
variances? Variances are basically a waiver of regulation, right?
SUPERVISOR STROUGH-This Board only looks at the septic system.
MRS. BURKE-Okay.
SUPERVISOR STROUGH-Other variances may be required and the Zoning Board would deal
with those.
MRS. BURKE-I understand that.
SUPERVISOR STROUGH-The only variance we are looking at is they are asking for a holding
tank in lieu of a traditional septic system, which would include a septic field and so forth.
MRS. BURKE-Okay.
SUPERVISOR STROUGH-With a holding tank it is enclosed. It is not leaking into the lake.
What structure goes there, how is goes there, how big it is going to be those will be other Boards.
This Board only looks at the variance being requested in lieu of a regular septic system do we
feel after listening to the public opinion and everything that the holding tank would be the most
suitable septic system for this given lot given its constrictions.
MRS. BURKE-At what point do other people walk around the property to... The only one
question here tonight is proposed holding tanks. Which again there is no information how much
is going to be displaced. There is a water issue and a parking issue I guess is what I am also
saying. If you don't walk that property and know and see what it is like up there not only in
summer, but in the winter months. There is a lot of water runoff. There is no place to plow
snow. I am just indicating that there is more to look at than just these things in that application.
SUPERVISOR STROUGH-Okay. That would be for another Board. If you are concerned about
the parking and they might be parking over the tank we can require that the tanks be designed to
take the weight of vehicles up above.
MRS. BURKE-That is what I am basically saying. I have multiple concerns so I didn't know
where to start.
SUPERVISOR STROUGH-I understand.
MRS. BURKE-Thank you.
SUPERVISOR STROUGH-Thank you.
RICHARD BURKE-I am the neighbor next door to the property. My main concern on this is the
point...coming to the property. If you take out fifteen, twenty percent you are going to have a lot
smaller property. I am going to get to the point that you made. You are going to have to have
special septic tanks in order to have parking. There is a bit of a parking issue. You really have to
look at this thing. Has anybody on the Board walked this lot? I doubt it. If you go up there and
walk this lot you are going to see a lot that goes downhill. It starts right up at the top. It goes
downhill. There are two right-of-ways to their property and to the property beyond. If you don't
go up there and walk it you will never understand the problems that you are going to have
putting in the septic tanks. Are the septic tanks going to be concrete or plastic? Are you going
to be able to drive over them? What are the specifications for the tanks? We don't know. I am
looking at this conceptual drawing that somebody made up, I think VanDusen did it. It just
doesn't...I'm saying I've got a lot of questions. Until somebody walks it you really don't
understand it. I am suggesting that you guys should walk it and look at it. It is a complicated lot.
It is not something flat. It is something that goes up like this and goes like that. Before you start
putting the tanks in I would visit it. That is all I have to say.
SUPERVISOR STROUGH-Thank you. Anybody else?
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 483
BERNIE GANSLE, 3 GLEN HALL DRIVE, QUEENSBURY-A couple of questions I have.
Has a traffic rated leach field been evaluated?
COUNCILMAN BREWER-There will be no leach field.
MR. GANSLE-There are a couple that are available that you can actually drive over the leach
fields.
COUNCILMAN BREWER-There won't be a leach field, sir.
MR. GANSLE-You said this is the only solution. I am saying there could be other solutions
where you can have a traffic rated leach field. There is a Presby System an infiltration system or
concrete chambers systems. I want to know if they looked at putting those types of septic
systems on the back of the lot underneath where... I didn't hear anybody mention that they
looked at those. I just have a question with that. The second question is has the Town approved
any other variances for new construction holding tanks on water front property? In fact are there
any other in the Town of Queensbury where you allow holding tanks for new construction?
Someone mentioned to me, but I don't know if it is true that it is a State law that you can't use
holding tanks for new construction. It is a New York State Law. You would also have to put a
variance into the State for holding tanks. I guess the other question is you have the current
owner applying for a variance. I was wondering if someone else was buying the property. Is the
variance going to be transferrable to the new buyer?
SUPERVISOR STROUGH-Thank you. Anybody else like to speak to this variance application.
Seeing none, would the applicant's agent return? Would you like to respond to some of the
concerns made your neighbors?
ATTORNEY O'CONNOR-I think the questions that were asked will be answered with the
process going through getting the...approved by Dave Hatin and the Town Engineer and by Site
Plan and we have to go to the Zoning Board. None of the...that we show even on the
preliminary map are within the right-of-ways that we spoke of. They are all outside of that and
we can accommodate that. There is shown on this map the overhead of the utility line. That is
that line that goes through behind the back of the house. I am not sure if that is a deeded right-
of-way or not. A lot of the lines around the lake I guess they have been there for years and years.
The application is actually by the current owner and the prospective buyer. The prospective
buyer would be bound by the terms of the approval, if we do obtain approval. I have a Presby
System that I put in just this past year. You can get it so that it is travel worthy and you can park
on it. The problem is whether or not you park on that, but the business of that system can be
adjoining wells. The people who just spoke really do not want to be within a hundred feet of
their systems. I am not sure of what they have. If you take a look at the tax map you will see all
along that area everybody has a fifty foot lot. Probably with our restrictions that we have if they
come in for building permits they would have probably been faced with the same thing to put
holding tanks on their property.
COUNCILMAN BREWER-They are all about the same size.
ATTORNEY O'CONNOR-This is not considered new construction. There had been a camp on
the property. This is called a replacement. You are acting as the Department of Health Board to
grant a variance under these circumstances. Things I missed?
SUPERVISOR STROUGH-She talked about the right-of-ways. A lot of these lots have right-of-
ways for accessing the property. Where would the parking be?
ATTORNEY O'CONNOR-I think you can park on the holding tanks....
COUNCILMAN BREWER-Traffic rated holding tanks. You can make that a condition John.
SUPERVISOR STROUGH-We could. There are a couple options. Would you like to do a site
visit? We have another meeting in two weeks? Would you like to do a site visit and have
Victoria organize that or the best time for most of us?
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 484
COUNCILMAN CLEMENTS-I would.
SUPERVISOR STROUGH-I see some sense of comfort level with this holding tank concept.
We have not visited the site. It has been very busy for everybody. We would like to visit the site.
What I am sensing is that we just leave everything open. We will set it back on the agenda for
the twentieth. In the meantime you could find out which you prefer the two tank or the three
tank system. Tom Center of Nace Engineering is that the one we should make the appointment
with or do you want to be there as well Mike?
ATTORNEY O'CONNOR-I will probably be there for the walk. The placement of those
holding tanks depends on the topographical map. There is a grade there. You can move
those tanks further forward and not be in violation of any setback.
SUPERVISOR STROUGH-The other thing is if there is a better location for them that includes
the setback this Board might be more comfortable with granting the setback variance. Let us get
a look at the geography of the site.
ATTORNEY O'CONNOR-Okay.
SUPERVISOR STROUGH-We will make an appointment with you, and, Tom and the Board.
We will try and get one that is going to make most of our schedules. We will meet out on the
site and access it and I will have it back on agenda for the twentieth.
PUBLIC HEARING TO REMAIN OPEN
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 37, 2017
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the
Town Board of the Town of Queensbury.
Duly adopted this 6th day of November, 2017, by the following vote:
AYES: Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT:None
PUBLIC HEARINGS
PUBLIC HEARING LOCAL LAW TO AMEND CHAPTER 155 "TAXATION" BY
AMENDING ARTICLE III ENTITILED `EXEMPTION FOR VETERANS" SECTION
155-11 ENTITLED "EXEMPTION GRANTED FOR COLD WAR VETERANS"
PUBLICATION DATE: OCTOBER 20TH, 2017
PUBLIC HEARING OPENED
SUPERVISOR STROUGH-Is there any member of the public that would like to speak to this.
NOEL HARDING, WARD ONE-Last month I actually went before the Queensbury School
Board of Education. I discussed with them the possibility of offering a veterans tax exemption
for school taxes because that currently is not the case. In my presentation I discussed several
facts about how more and more school districts are allowing these tax exemptions and I included
some regional examples. I also talked about the need to include Cold War Veterans. I did a little
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 485
bit of research I found that several school districts across the state implemented this tax
exemption, but excluded Cold War Veterans. What I saw was the perpetuation of this apparent
perceived bias against Cold War Veterans and this legislation was a prime example. When the
legislature passed this in two thousand thirteen allowing the school tax exemption it specially
excluded Cold War Veterans. It wasn't until three years later that they actually opened up to
Cold War Veterans. I guess that still begs the question why they were excluded in the first place.
It also begs the questions why this legislation was set to expire whereas other veteran's
exemptions are of a more permanent nature. I know that this apparent bias is not limited to our
state government. I can also sight federal examples as well, but I am not going to belabor that
point. For those of us who grew up in that era. We remember clearly the threat that existed at
the time. We were prepared for attacks to occur. As evidence of the fact that when you we were
school children we were taught how to hide under our desks or go out into the hallway and face
the wall. Bomb shelters were in our schools and public building. They were ubiquitous. I think
everybody knew where are closet bomb shelter was. Yet the men and women who served the
military during this era seemed to be forgotten or at best an afterthought. For those of us who
served during the Cold War and yes I probably did serve in the 1970's in the United States Navy.
We took the same oath that every military person takes to protect and defend the Constitution of
the United States against all enemies foreign and domestic. We all accepted the same risk.
During the period of our enlistment we were to be on the front lines of whatever war or conflict
was occurring at the time. Like so many others we sacrifice with time away from our families
and friends and many other hardships that time away presents, but yet we are treated differently
and this is a prime example. I don't understand why but, I also really don't understand why there
even needs to be a discussion about it tonight. In my mind to consider even for a moment that we
would single out this one group of veterans and say they are not worthy or deserving of the same
consideration as other veterans is entirely unconscionable. Thank you.
SUPERVISOR STROUGH-Thank you. Anybody else like to speak to this proposed local law,
thoughts on the Town Board.
COUNCILMAN BREWER-This gentlemen that spoke did very good of what he said. I don't
have any need for any discussion. I think it was forgotten for whatever reason and we are trying
to make it right. I don't think we have an issue with it. I think you deserve it as well as anybody
else does that is just my opinion.
PUBLIC HEARING CLOSED
RESOLUTION ENACTING LOCAL LAW NO. 5, OF 2017
TO AMEND QUEENSBURY TOWN CODE CHAPTER 155, "TAXATION"BY
AMENDING ARTICLE III ENTITLED "EXEMPTION FOR VETERANS," SECTION
155-11 ENTITLED, "EXEMPTIONS GRANTED FOR COLD WAR VETERANS"
RESOLUTION NO. 319,2017
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.: 5,
of 2017 to amend Queensbury Town Code Chapter 155, "Taxation," Article III thereof entitled,
"Exemption for Veterans," §155-11 thereof entitled, "Exemptions Granted for Cold War
Veterans," to provide for an extension of the Cold War Veterans Exemption to qualifying owners
of qualifying real property for as long as they remain qualifying owners without regard to the ten
(10) year limitation in accordance with New York State Real Property Tax Law §458-b, and
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 486
WHEREAS, this legislation is authorized in accordance with New York State Real Property
Tax Law §458-a and New York State Municipal Home Rule Law §10, and
WHEREAS, the Town Board duly held a public hearing on Monday, November 6th, 2017
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.: 5, of 2017 to
amend the Queensbury Town Code Chapter 155, "Taxation," Article III thereof entitled,
"Exemption for Veterans," §155-11 thereof entitled, "Exemptions Granted for Cold War
Veterans," 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 6th day of November, 2017, by the following vote:
AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone
NOES None
ABSENT: None
LOCAL LAW NO.: 5, OF 2017
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 155 "TAXATION"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
Section 1. The purpose of this law is to provide for an extension of the Cold War
Veterans Exemption to qualifying owners of qualifying real property for as long as they remain
qualifying owners without regard to the ten (10) year limitation in accordance with New York
State Real Property Tax Law §458-b.
Section 2. Chapter 155 of the Queensbury Town Code entitled "Taxation," Article III
entitled "Exemption for Veterans," §155-11 entitled "Exemptions Granted for Cold War Veterans"
is hereby amended to add a new subsection C follows:
C. The exemption proi,hied by paragraph (A) of this subdivision shall apply to
qualifying ofi,ners of qualifying real property for as long as they remain
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 487
qualifying ofi,ners, fi,ithout regard to the ten (10) year limitation set forth in
Nem York State Real Property Tax Lafi,§458-b.
Section 3. Severability - The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part
thereof.
Section 4. Repealer - All Local Laws or ordinances or parts of Local Laws or
ordinances in conflict with any part of this Local law are hereby repealed.
Section 5. Effective Date - This Local Law shall take effect upon filing in the office
of the New York State Secretary of State or as otherwise provided by law.
PUBLIC HEARING—ADOPTING ANNUAL TOWN BUDGET FOR 2018
PUBLICATION DATE: October 20th, 2017
SUPERVISOR STROUGH-Presentation of Annual Town Budget for 2018.
PUBLIC HEARING OPENED
TRAVIS WHITEHEAD, QUEENSBURY-I have a chart of numbers here that you can't see, but
you should be able to see. I paid for that just like anybody else. I disagree with what John had to
say. This is a public hearing. This is not something that you do because of the kindness of your
heart. It is required by law. It is required that you hear the public. I have tried to get permission
to use equipment that I paid for. John seems to think that it is not appropriate. I would like to
get two not twenty two slides that I just counted here, but two slides up to make it easier for you
to see. Do, I have any support of the Board at all to do that?
COUNCILMAN CLEMENTS-I would like to see them.
SUPERVISOR STROUGH-No. If you would like to make a presentation feel free to make a
presentation. Share your thoughts with us.
MR. WHITEHEAD-I have a sheet here it goes through the fund balance with a rainy day fund
for a period of years. It starts in two thousand six and goes to two thousand seventeen. The fund
balance starts off leaving Mr. Brower's rein of about six million dollars. When Mr. Stec came in
he made a big deal about that. It was too much money to have in the rainy day fund. I think we
should cut your Town taxes. He just cut it a little. He cut to zero. We start off with a fund
balance around six million dollars in two thousand six. The Town tax is just really one
component of the tax, but is called town tax it was cut to zero dollars. The fund balance in two
years was down from six million four to three million four. The next year it was down to one
million. The following year it went red one million dollars. This is not a good thing. John would
agree with me. This is not a good thing. He said you don't want to get into this situation. You
don't want to do this. This is what then. In two thousand eleven taxes went from zero dollars to
one point nine million dollars assessment. At that time we recognized that this is something that
is not sustainable. ...and we had the rainy day fund not a good thing. It is good that it was done
in two thousand eleven because two thousand twelve the tax cap came on. You couldn't do it
without an override at that point. It went up to one point nine million. Actually it got a little bit
better. It is now only a hundred and seventy thousand in the red. Next year because we now are
pumping on all, we hit the gas we are bringing this money to try and restore the general fund and
we do need to have a reasonable general fund. It is now up to two point five million. The next
year six point nine million I mean this is a lot of money coming in. The taxes are what are
helping to bring it in. The following year is interesting. The year they hit six point nine million
all of a sudden it is decided at the end of every year like the October time frame they start
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 488
transferring money to what is called the undesignated general fund. What happens is that income
comes in towards the course of the year and income goes out towards the course of the year. At
the end of the year you can see whether your budget is correct. Whether you are taking in more
or you didn't take in enough hopefully it comes out pretty close. In this case at the end of the
budget cycle they start cycling off anywhere from one point two to one point nine million dollars
every year and putting it into what are called capital reserve funds. This is interesting because it
is the undesignated general fund that is keyed on by the State Comptroller in his fiscal stress
sheet. You don't really want to get that too high. Zero is a good score. It is a perfect score. It is
also an indicator if you are off the charts. If you had scored fifty or sixty that would be a bad this
for the Town. Forty, thirty is better. Not a lot of stress. Zero you don't know how far below
zero you are. The scale ends. As it turns out the number where we transition from zero points to
one point is where the undesignated general fund would be equal to about ten percent of the
expenditures over the course of the year. That is how they do it. If you spent let's say sixteen
million dollars over the course of the year you would like to hold something in reserve in case
you are not accurately budgeting. If according to the State Comptroller if you have at least ten
percent or one point six million then we are going to give you a zero score. Maybe two million
is better. Maybe two and half million is better. At some point it probably will before you get to
six million dollars you have more in that fund that you should have. You have taken more
money from the taxpayers. You built up this slush fund...call it a rainy day fund to the point
where it would take a total disaster to wipe you out. At six point nine million the Auditor for the
past couple of years has been telling us we are over fifty percent where at zero score it would be
ten percent. So we have five times as much as we need to get a zero score. If this were a school
district you would be limited to four percent. We are up at fifty four percent and we have been
there for the last several years. We would be higher it we didn't siphon off all this money at the
end of the year that we have been doing. Twenty thirteen one point three million. Twenty
fourteen one point two million. Remember the accelerator to the floor we have to build up that
fund from problems that we had when we you had to take the tax out. At some point you have to
ease up on that accelerator and say, all right this is what we need to maintain things here. The
best indication of how much extra you are extracting from the taxpayer that is not in your budget
are these transfers. One point three, one point two, one point three, one point nine, and this year
four million dollars. I think that four million dollars it is going to drop our fund balance from the
six point nine where it has been closer to the four million dollars where Town policy says it
should be. We won't know that until all...numbers are in but, I think that is why they took the
extra couple of whacks this year. If you look at this extra money here one point three, one point
two, one point three...four. The average is maybe one and a half million dollars. Our Town
taxes are about two million. We could drop seventy five percent of the Town tax and we would
be in fantastic shape. Instead this year we are dropping only a small fraction of that amount. We
are dropping it by I think eight point eight percent. I am not very impressed by the way that the
money is managed. I don't think that you can say that zero is a perfect score. Zero just means
you are off the charts one way or the other.
COUNCILMAN FERONE-Can I ask you a question. When you look at that fiscal stress score
how does that compare to other municipalities in our same size? Are we really that much better
or are there other municipalities at the same level?
SUPERVISOR STROUGH-We are managed very well and that is what that indicator says.
What we are doing with for fund balances, what we are doing for revenue and expenditures are
all appropriate and healthy. I took out all the parameters that they look at just to make the power
point a little shorter maybe I should have left them in. You can go to State Comptrollers website
and find the indicators of what they look at. They look at cash flow control and other things.
COUNCILMAN FERONE-Have you looked at it?
MR. WHITEHEAD-I do have a copy of it here someplace. I think your question was asking
how we compare to others.
COUNCILMAN FERONE-Right.
MR. WHITEHEAD-I don't think he answered that. When I looked around it is not terribly
uncommon to have a zero score, but it is not terribly common either. Most people are probably
in the twenty, thirty, and forty. By the time you start getting up to fifty and sixty it's something
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 489
that hits the newspaper it is not a good thing. There are Towns I'd say maybe, I'm guessing, but
I am saying maybe twenty percent of the Towns are at zero at least in that category. Zero is ten
percent of reserve verses expenditures. We are at fifty four percent. I can't tell as I have never
looked at those other funds. Whether they are at eleven, twenty, fifty, I can't tell you. Fifty
seems pretty outrageous. We are certainly in position a very good position from the standpoint of
you could have one heck of a disaster. I mean you spent a couple hundred thousand dollars on
culverts this year. You have six million dollars so that was nothing. We moved four million
dollars even after paying for the culverts out of that. It is not that we don't have the money there.
On the other hand it is not to say that we should cut the tax to zero and watch this thing go back
down to nothing. That would be absolutely wrong as well. It could be better managed than it is.
The only other chart and then I will leave you alone is that I want to talk about tax rates. I want
to talk about tax rates because facts do matter. I happened to read both in the Post Star and Mr.
Strough political page that he is pretty proud of the fact that the Town tax rate has gone down ten
and a half percent over his term. That is actually true, but it is not something to be proud about.
It is a matter of what happened in there was that all of our homes had been assessed at eighty two
percent full value. In twenty fifteen now we are assessed at hundred percent value. I have a chart
here, which I would love to show you if it were up there I wouldn't now have to try and explain
myself. I have a series of columns here of numbers for a house worth two hundred and fifty six
thousand dollars, which is exactly the example that he used. It is the average value of the house
in Queensbury. In twenty fourteen that house valued at full value at full value two hundred and
fifty six thousand dollars would have been assessed at two hundred and nine thousand nine
hundred and twenty dollars. At that time the tax rate was point six zero three. The next year the
tax rate went up and this is during John's term to point six one three. The following year it went
down from point six one three to point five eight six. That is the year that all of a sudden instead
of taking that number that rate and multiplying it by two hundred and nine nine twenty. You
have all of a sudden multiplied it by two hundred and fifty six thousand. When you actually
look at the taxes paid that first year, two thousand fourteen on this average house the Town tax
was one hundred and twenty six dollars and fifty eight cents. The next year in his term it went
up to a hundred and thirty two dollars. The next rate when the rate went down the amount paid
went up from a hundred and thirty two twenty five to a hundred and fifty dollars and two cents. It
went up again in twenty seventeen. This year is the first time that a tax reduction will be
proposed. It will go down to a hundred and thirty seven ninety eight. That is still more that then
the hundred and twenty six dollars and fifty eight cents than it was when he came in. To go
ahead and say I am proud that I reduced your tax rate by ten and a half percent when the amount
that they were paying has gone up by more than ten percent or actually it has gone up about nine
percent. I don't think you should be taking credit for that. I think you should be explaining that
you are playing with numbers. The rate did go down, but because of the revaluation, which you
paid actually went up. To express it any other way is just being misleading. The only other
comment I would like to make before I sit down is that this was all stated in the Post Star in an
article not very long ago. That in his term tax rates went down ten and a half percent. I did bring
this to the attention of the Post Star along with some other inaccuracies in that same article. I
have not to see the Post Star go ahead and correct any of that. I am pretty darn disappointed with
the Post Star.
SUPERVISOR STROUGH-Thank you.
MARK WESTCOTT, QUEENSBURY-I came tonight to listen patiently to your presentation of
the budget. Then to listen to the comments of the people that also came tonight to listen
patiently. I am very disappointed that you would not allow Mr. Whitehead to do something so
simple as to put up a couple slides. A picture is worth a thousand words. You made Mr.
Whitehead stand up here and try and explain those slides. It was very hard to follow as an
audience member when you have the technology and the ability for him to put those slides up.
What are you afraid of folks?
COUNCILMAN BREWER-We are not afraid of nothing Mark. It is ever week he has nothing
but bad to say about this Town. Why doesn't he try to put some of his energy towards positive
things? Maybe that would work maybe that would be helpful instead of nit picking at everything
this Town does.
MR. WESTCOTT-Councilman you can criticize Mr. Whitehead and his motives. I am sitting
here as a taxpayer and I just want to look at slide. I wanted to see the numbers that he had.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 490
COUNCILMAN BREWER-I am sure he would share them with you Mark.
MR. WESTCOTT-I am sure he would. What I would like to hear is what you think about it.
Did you understand what he just presented?
COUNCILMAN BREWER-No.
MR. WESTCOTT-No you didn't. Maybe if you had it up on the screen Councilman you would
have understood what it was he was presenting.
COUNCILMAN BREWER-Maybe I would have.
MR. WESTCOTT-Instead what did you do just tune him out.
COUNCILMAN BREWER-No I didn't.
MR. WESTCOTT-You don't understand what he presented.
COUNCILMAN BREWER-I understand some of it Mark. I don't understand every single
number that he spoke.
MR. WESTCOTT-Do you understand his point about the unassigned fund balance and it grew
over the years?
COUNCILMAN BREWER-Yes.
MR. WESTCOTT-Okay then what did he say? Why don't you feed it back to us?
COUNCILMAN BREWER-I don't need to feed it back to you Mark. You are asking us
questions, I am not going to get into a debate with you. I just made a statement about Mr.
Whitehead's motives what I think they are. I just take offense to it. That's all.
MR. WESTCOTT-You can take offense to him personally.
COUNCILMAN BREWER-Not him personally, no.
MR. WESTCOTT-As a taxpayer I wanted to know what he had to say. What I heard him say, is
that your undesignated fund balance is much higher than the Town policy. It has been for years.
What I also heard him say is that we have been misled on taxes being told that the tax rate was
cut when in fact the tax amounts have gone up.
COUNCILMAN METIVIER-That is not the case.
MR. WESTCOTT-Oh it's not.
COUNCILMAN METIVIER-A third went up. A third went down. A third stayed the same.
MR. WESTCOTT-A third of what?
COUNCILMAN METIVIER-A third of the taxpayer's taxes went up. A third went down. A
third stayed the same. In his example he is absolutely correct. Two hundred and fifty six
thousand dollar house the tax rate did go up and it is going back down now. Take his taxes his
personal taxes, okay he paid ...
MR. WESTCOTT-I am sorry are you talking about Mr. Whitehead?
COUNCILMAN METIVIER-Mr. Whitehead's personal taxes in two thousand fifteen.
MR. WESTCOTT-I am not talking about one individual.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 491
COUNCILMAN METIVIER-My point is that a third went up. A third went down. A third stayed
the same. So, his example for a house at two hundred and fifty six thousand dollars is right.
There are a lot of houses out there that were over assessed that came down. There were a lot of
houses out there that were under assessed that went up. Then there were some that were assessed
correctly and they stayed the same. His example is right for what he used. If you want to look at
it Town wide the number is going to be skewed. I can't argue any more than that. A third went
up. A third went down. A third stayed the same.
MR. WESTCOTT-If we had that up in front of us we you could point that out.
COUNCILMAN METIVIER-No because you only have one example an average house of two
hundred and fifty six thousand dollars.
MR. WESTCOTT-I think what we are talking about is the overall taxes in the Town have
consistently gone up.
COUNCILMAN METIVIER-No.
MR. WESTCOTT-Yes they have.
COUNCILMAN METIVIER-The other thing. I have been sitting on the Board since two
thousand eight. We didn't buy any trucks in two thousand eight, nine, and ten. We need to clean
that up. If we have some fund balances instead of creating more debt for this Town why don't
we start buying some things? I don't see the hardship in that. We have the money and the
money is what we need to clean up a lot of what we couldn't do in this Town for years. I don't
see why everybody is finding so many faults with that. Then they argue the taxpayers tomorrow
shouldn't enjoy benefits to somebody today, which is ludicrous. We take on more debt and then
in three years when the world has crumbled we can't pay our debt back. Is that the solution?
MR. WESTCOTT-I don't know what you are talking about. You are saying that is what they are
saying. That is not what I am saying. What I am saying is that the taxes have steadily increased.
The amount of money that is in our unassigned fund balance has been consistently way above
what the Town policy is. That is all I am saying.
COUNCILMAN METIVIER-He is finding fault that we are moving it to other fund balances so
we can start some of these projects that need to get done.
MR. WESTCOTT-That is what Mr. Whitehead in his slides I think would have pointed out.
That is what I got from his presentation. We have the technology he could have put his flash
drive in and you could have put up two slides, two slides, what is the harm in that. I just don't
get it. This is our government. The man took the time. This budget is this the first time it has
been presented to the public.
COUNCILMAN METIVIER-It has been available to the public for weeks.
COUNCILMAN BREWER-The public has had access to the budget since we adopted it three
weeks ago.
MR. WESTCOTT-Is this the first public hearing with it though?
COUCILMAN METIVIER-Yes.
MR. WESTCOTT-You are going to pass it tonight? You are going to vote on it tonight?
COUNCILMAN BREWER-Yes we are.
MR. WESTCOTT-This is the first time we have had an opportunity to speak about the budget.
You don't even understand what he was trying to say.
COUNCILMAN BREWER-Mark stop please.
MR. WESTCOTT-Oh no Councilman.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 492
COUNCILMAN BREWER-Let it go.
MR. WESTCOTT-You can't even understand.
COUNCILMAN BREWER-You are right.
MR. WESTCOTT-What he has just presented. That is our opportunity tonight our one shot at
presenting what we think about it.
COUNCILMAN BREWER-What do you think about it? You haven't said a word about it.
MR. WESTCOTT-What I think about it Councilman is that I think you can cut further. I think
that your unassigned fund balance I would need to study more.
COUNCILMAN BREWER-So we should reduce the fifty cent tax rate or the fifty five cent tax
rate down to maybe a quarter. Then use that money to reduce the taxes. Then we should go next
year and bond a five million dollar building that we need to build that will raise taxes.
MR. WESTCOTT-I think bonding is a very viable opportunity. The answer is yes because when
you buy a building and you pay just with savings you are putting it on the shoulders of every
senior citizen who has paid taxes when that expense should be spread out over time for future
taxpayers who are then are going to be contributing taxes. I absolutely think....
COUNCILMAN BREWER-What you are saying is that we should have no fund balance and we
should bond or borrow for everything.
MR. WESTCOTT-You have a strong bond rating in Queensbury.
COUNCIILMAN BREWER-We do.
MR. WESTCOTT-You can take on some more bonding and spread those payments out. I said
that three or four weeks ago Councilman you said you would consider it. It sounds like you
haven't considered it. I still think it is a good idea.
COUNCILMAN BREWER-That is your opinion.
MR. WESTCOTT-It is my opinion.
COUNCILMAN CLEMENTS-I have already made my opinion. When we have put away over
two million dollars that was basically for the garage. It is going to cost maybe four so we put it
away. I think that we could do a bond for the rest of it. I am saying do a little bit of each.
MR. WESTCOTT-I think that is a good idea Councilman.
COUNCILMAN CLEMENTS-My problem is the thing that came in at the end just before we
had the budget meeting of one million one hundred and forty five thousand dollars of other
things that had to be in the buildings here. It came to me the day before we sat down and talked
about the budget. I don't think that we need that. I think that it is unreasonable. I think that it
could be returned to the taxpayers.
MR. WESTCOTT-I think you should listen to the taxpayers. Allow them to put up a slide or two
if they have something to share. There is no harm in that. I think you have embarrassed yourself
by not allowing him to put his slides up.
SUPERVISOR STROUGH-Thank you. Anybody else, yes sir.
JOHN SALVADOR, NORTH QUEENSBURY-The very reason why you folks have been given
the power to bond is to spread the cost over the useful life of the capital project. Therefore, it is
paid for by the people who are benefiting from that useful life. Not the people that have already
paid taxes basically we are over taxed. On this handout on one of the pages there is a two
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 493
thousand eighteen amount to be raised by taxes seven million plus. Do we have a breakdown on
what is included in that number?
SUPERVISOR STROUGH-It is sitting right there in front of you John.
MR. SALVADOR-A breakdown a list so you can see and we can compare one item against
another what our taxes going to pay. It is a little bit on every page. I am wondering if your
accounting program can't just spit out a list that gives this total. One page it would make it so
simple.
SUPERVISOR STROUGH-I have a power point.
MR. SALVADOR-Town Law, Section 107C reads in total. The Preliminary Budget must be
prepared in the form prescribed by the State Comptroller and must record the taxes to be levied.
The Preliminary Budget form prescribed by the State Comptroller includes an item of the general
fund codified as account number seventy four ten with the designation library. For the past
several years beginning at a time when Miller, Mannix was engaged as Town Counsel the form
of the Preliminary Town Budget has been altered presumably by the Town's Budget Officer
deleting library account seventy four ten. With all due respect, I doubt that the alternation of the
State Comptrollers budget form has come about on the Budget Officer's own motion, but I could
be wrong. This begs the question by what authority has the Town's Budget altered the State
Comptroller's clearly specified Preliminary Budget form? This seemly unilateral maneuver by
the Towns Budget Officer has the effective of...or even covering the Town's misdeed of not
including its share of the tax to be raised to fund the Crandall Library District's estimated
operating expenses in its Preliminary Budget. The Law could not be more absolute. Section 5C,
of the library's enabling act Chapter 4, 5, 6, of the 1992 Legislative Sessions Law reads in
relevant part. The Board meaning the Library Board shall annually file with the Clerk of each of
the municipalities an estimate of the propose budget including costs of library services to be
raised by levy for the public library district in the fiscal year beginning and succeeding the first
day of January. The municipalities shall not make any change in the estimated revenue or
expenditures submitted by the Board in preparation of its Preliminary Budget. It could not be
clearer. This irregular Town of Queensbury budgetary process will cause where there is
supposed to be the legal warrant of, the 2018 Crandall Library District Tax to be non-existent.
Taxes are warranted by this Boards approval of its Preliminary Budget. That is the avenue for
legal warrant of taxes. Until the Towns 2018 Queensbury Budget can be amended to reflect the
Comptroller's prescription for budget form and thereby include the Town's share of the Crandall
Library 2018 estimate of operational expenses it is strongly recommended that the Board hold
this public hearing in advance until after tomorrow's election and before the Thursday
immediately following said election to allow for the Preliminary Budget to be revised to include
Queensbury's 2018 share of the last voter approved estimate of the Crandall Library operating
expenses. Just a reminder providing the Board completes the public hearing before this Thursday
it has until November twentieth to adopt its 2018 Budget. In closing, I would like to mention
one thing. Every year the Clerk of the Warren County Board of Supervisors prepares a
document entitled Proceedings of the Warren County Board of Supervisors. It is a complete
record of all the resolutions adopted by the Warren County Board of Supervisors. Included in
this document is the Town Budget for every Town in the County. All other Towns that have a
library that finance a library have a line item in that listing for library Queensbury does not.
Prosperity will never know that for the last twenty five years we have been paying millions of
dollars to support the Crandall Library in its operating expenses and in its capital project. There
is no record for prosperity to review. Thank you.
SUPERVISOR STROUGH-Anyone else like to speak to the proposed 2018 budget?
MR. WHITEHEAD-I would just like to answer a couple of questions that Tony raised and Tim
raised. I would just like to say we purchase four ten wheel dump trucks nearly a quarter million
dollars apiece. These are the big ones. These are the ones you see on the Northway and they are
going to last us for a long time so we bought four of them in the last three years. The same time
that we continued to squirrel away millions of dollars so we are taking care of the problems. We
still have millions of dollars that we don't know what do with. When you are that fat a little bit
of stress helps. I mean if you want to get the most out of things if you are already worried about
where is that next.... I mean, I don't want to worry about how I am going to pay my taxes. How
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 494
am I going to put food on the table? Should I take this vacation or that vacation? You know what
if I had a little less money sitting there in the bank I might make a little bit better decision and I
think the same goes for the Town. As far as what my taxes did or somebody else's taxes did, of
course, we had a reassessment. We just said one third stayed the same. One third went up. One
third went down. It seems to me that it means on average nobody changed, but the rate changed.
We went from eighty two percent to a hundred; therefore the rates have come down to match it
on the average. On the individual house you might have a bigger or lesser impact that is true.
My point was is that the rate and the equalization rate are directly tied together. You cannot talk
about one without the other. That is all I wanted to say on that. Mr. Brewer really I don't know
what to say. What, I will say is that. Yes, I went ahead and talked about Smart Watt. I don't
think you were here at the time. It was a pretty stupid idea. I don't hear anybody talking about it
anymore. I think you guys had realized it is a pretty stupid idea. To capsulize it; they gave you a
program that says if you pay for fifteen years like fifty thousand dollars a year you are going to
make one dollar for fourteen years.
COUNCILMAN BREWER-I know you told me that.
MR. WHITEHEAD-I know, I told you that. If I am negative on something it wasn't a good idea
and you decided not to do it I think, I am doing you a favor.
COUNCILMAN BREWER-I understand that Travis. I am not trying to get into an argument
with you. It seems like every time you come up here you have something negative to say. The
question I had is what always makes you right? That's what I don't get.
MR. WHITEHEAD-I can tell you where I graduated in my class.
COUNCILMAN BREWER-Pardon me.
MR. WHITEHEAD-I can tell you why I am right and wrong than other people. The Smart
Watt...
COUNCILMAN BREWER-I don't want to talk about Smart Watt.
MR. WHITEHEAD-Gravity Renewals that's another one. You were here for Gravity Renewals;
I haven't heard word about that. That turned out to be a bad deal, too. I had nothing good to say
about that after I got the details. I was all in favor of the concept, but once I saw the details and
went through the math it was miserable.
SUPERVISOR STROUGH-We are here to talk about the budget Travis.
MR. WHITEHEAD-I know you are.
SUPERVISOR STROUGH-This is your second time up. Do you have anything...
MR. WHITEHEAD-Tim said I don't do a thing....
COUNCILMAN BREWER-I didn't say that at all.
MR. WHITEHEAD-Here is one that is positive. I brought Rise Engineering in here with Mr.
Clements. We went around and looked at all these lights.
SUPERVISOR STROUGH-Mr. Whitehead we can talk about this...
MR. WHITEHEAD-Of thirty thousand dollars.
SUPERVISOR STROUGH-Travis.
MR. WHITEHEAD-Replace all the lights in here and the building next door.
SUPERVISOR STROUGH-Travis.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 495
MR. WHITEHEAD-It was something good to do it would save us money. It is a lot better than
the other things.
SUPERVISOR STROUGH-Mr. Whitehead you are being rude, Mr. Whitehead....
MR. WHITEHEAD-We had a quote from Rise for thirty thousand dollars. You, I was told were
going to get other quotes. I was told by Mr. Strough...
SUPERVISOR STROUGH-Mr. Whitehead.
MR. WHITEHEAD-I think that is a good idea. Get another quote to compare to Rise.
SUPERVISOR STROUGH-This is fine to talk about this topic at another time, but we are
talking about the budget here. Anybody else like to speak to the budget, seeing none I will close
the public hearing.
PUBLIC HEARING CLOSED
SUPERVISOR STROUGH-Explained how the Town has been audited by BST a nationally
recognized financial firm and has said the Town's fund balances are conservative and
appropriate.
RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2018
RESOLUTION NO.: 320,2017
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board conducted a public hearing on Monday,
November 6th, 2017 concerning the proposed 2018 Preliminary Budget and all interested persons
were heard, and
WHEREAS, the proposed 2018 Preliminary Budget sets forth the proposed 2018 salaries
of the Town's Elected Officials as required by New York State Town Law §27,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the
2018 salaries for the Town of Queensbury Elected Officials shall be as follows:
TOWN SUPERVISOR 67,276.
TOWN COUNCILPERSON(4) 18,000.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 496
TOWN CLERK 71,221.
TOWN HIGHWAY SUPERINTENDENT 71,992.
TOWN JUSTICES (2) 46,060.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts the 2018 Preliminary Budget presented
at this meeting as the Town of Queensbury Annual Budget for 2018, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter
the Adopted Annual Budget in the minutes of the Town Board proceedings, and
BE IT FURTHER,
RESOLVED, that a copy of the adopted Annual Budget for 2018, including a copy of the
S495 Exemption Impact Report, is attached and made part of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the
Queensbury Town Supervisor so that he may present it to the Warren County Board of
Supervisors, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and Town Budget Officer to take all actions necessary to effect this Resolution.
Duly adopted this 6th day of November, 2017, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Brewer
NOES Mr. Clements, Mr. Ferone
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT—3 MINUTES)
TRAVIS WHITEHEAD-Spoke regarding Resolution Authorizing Settlement of Pending Article
7 Real Property Assessment Cases Commenced by Glens Falls Country Club, Inc.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 497
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING CLOSURE OF RECORDS RESTORATION CAPITAL
PROJECT FUND #210
RESOLUTION NO.: 321, 2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, in accordance with Resolution No.: 160,2016, the Queensbury Town Board
established the Records Restoration Capital Project Fund 4210 which established funding to
provide for the Town's maps to be restored and scanned for replacement, and
WHEREAS, Town Clerk has advised that the Project is complete and therefore the
Project Fund may be closed, and
WHEREAS, the Town's accounting records show that there is approximately $8,988.19
remaining in Fund#210, and
WHEREAS, the Town Board wishes to close such Fund #210 and transfer its remaining
balance to the Capital Reserve Fund 464,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close the Records Restoration Capital Project Fund 4210 and transfer its
remaining $8,988.19 to the Capital Reserve Fund 464, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Budget Officer and/or Accountant to take such other and further action as
may be necessary to effectuate all terms of this Resolution.
Duly adopted this 6th day of November, 2017, by the following vote:
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 498
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADIRONDACK RUNNERS'
4 MILE REINDEER RUN AND JR. REINDEER RUN
RESOLUTION NO. 322, 2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Adirondack Runners has requested authorization from the Queensbury
Town Board to conduct its annual 4 Mile Reindeer Run and Jr. Reindeer Run to benefit Cindy's
Camp Comfort and the Adirondack Runners Scholarship Fund as follows:
SPONSOR Adirondack Runners
EVENT 4 Mile Reindeer Run and Jr. Reindeer Run
DATE Sunday, December 3rd, 2017
TIME 9:10 a.m./9:30 a.m.
PLACE SUNY Adirondack—640 Bay Road, Queensbury
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of
insurance from the Adirondack Runners Club and therefore approves and authorizes the 4 Mile
Reindeer Run and Jr. Reindeer Run within the Town of Queensbury to benefit Cindy's Camp
Comfort and the Adirondack Runners Scholarship Fund on Sunday, December 3rd, 2017, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to the Town Highway
Superintendent's approval of the race, which approval may be revoked due to concern for road
conditions at any time up to the date and time of the event.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 499
Duly adopted this 6th day of November, 2017, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF HP DESIGN JET SD PRO 44"
POSTSCRIPT PRINTER FOR DEPARTMENT OF BUILDING AND CODES
ENFORCEMENT
RESOLUTION NO.: 323,2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director)has requested Town Board approval to purchase an HP Design Jet SD Pro 44" Postscript
Printer (Printer) to replace the current large format printer/scanner in his department as it is beyond
repair and has been a tremendous asset to his office as it scans in commercial and building plans,
and
WHEREAS, the Director obtained quotes for such Printer and National Business Equipment
submitted the lowest quote in the amount of$15,495, plus a $1,000 connectivity charge and $4,000
on-site five (5) year warranty, and therefore the Director has recommended that the Town Board
approve such purchase,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Director of
Building and Codes Enforcement's purchase of an HP Design Jet SD Pro 44" Postscript Printer
(Printer) to replace the Town's current printer/scanner in his office, from National Business
Equipment as delineated in the October 13th, 2017 quote presented at this meeting, for an amount of
$15,495 plus a $1,000 connectivity charge and$4,000 on-site five(5)year warranty, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 500
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the Town Budget Officer to transfer $20,495 from Contingency Account No.: 001-1990-
4400 to Office Equipment Account No.: 001-1680-2010 and take all other actions necessary to
effectuate the purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director, Town Budget Officer and/or Purchasing Agent to take such other and further action as
may be necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of November, 2017, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF
NEW TRACTOR FOR CEMETERY DEPARTMENT
RESOLUTION NO.: 324,2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town's Cemetery Superintendent wishes to advertise for bids for the
purchase of a new Kioti CK3510 tractor in the Cemetery Department as will be set forth in bid
specifications to be prepared by the Cemetery Superintendent and/or Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements
and the requirements set forth in the Town's bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Purchasing Agent to publish an advertisement for bids for the purchase of a new Kioti CK3510
tractor for the Town Cemetery Department in the official newspaper for the Town of Queensbury,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to
open all bids received, read the same aloud and record the bids as is customarily done and present
the bids to the next regular or special meeting of the Town Board.
Duly adopted this 6th day of November, 2017, by the following vote:
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 501
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE EQUIPMENT
RESOLUTION NO. 325,2017
INTRODUCED BY: Mr. George Ferone
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 items
from various Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the surplus items
and did not receive any requests from the Departments for such surplus items and therefore has
requested Town Board authorization to sell the surplus items by using the auction company
GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the
Department Manager, to be sold as scrap, and
WHEREAS, the following is the list of surplus items provided by the various Town
Departments:
Item Dept. Asset
Pine View
1997 Dodge Van Cemetery 9140
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus
items that are no longer needed by the Town or obsolete as follows:
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 502
Item Dept. Asset
Pine View
1997 Dodge Van Cemetery 9140
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the
services of auction company GovDeals to sell/dispose of the surplus items and all Town proceeds
from the sales shall be deposited 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 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 6th day of November, 2017, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT :None
RESOLUTION AUTHORIZING PROMOTION OF JAMES FLANSBURG FROM
MECHANIC TO WORKING SUPERVISOR IN
TOWN PARKS AND RECREATION DEPARTMENT
RESOLUTION NO. 326, 2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 503
WHEREAS, the Town of Queensbury's Parks and Recreation Director (Director) has
advised that there is currently a vacancy in the Working Supervisor position in the Town Parks and
Recreation Department, and
WHEREAS, consistent with the Collective Bargaining Agreement, the Director posted for
such position, and
WHEREAS, James Flansburg, a current full-time employee within the Department
requested a promotion to the position, and
WHEREAS, the Director and Town Recreation Commission recommend that the Town
Board authorize the promotion of Mr. Flansburg from Mechanic to Working Supervisor as Mr.
Flansburg has met the qualifications and has the required job experience for the position, and
WHEREAS, the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of James Flansburg from Mechanic to Working Supervisor effective on or about November 7th
2017 at the rate of pay specified in the Collective Bargaining Agreement between the Town and
CSEA for the Working Supervisor position for the year 2017, subject to a ninety (90) day
probationary period and any other applicable Civil Service requirements, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of November, 2017 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 504
ABSENT: None
RESOLUTION AUTHORIZING PROMOTION OF JODY HERMANCE FROM
LABORER TO MECHANIC IN
TOWN PARKS AND RECREATION DEPARTMENT
RESOLUTION NO. 327, 2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Parks and Recreation Director (Director) has
advised that there is currently a vacancy in the Mechanic position in the Town Parks and Recreation
Department, and
WHEREAS, consistent with the Collective Bargaining Agreement, the Director posted for
such position, and
WHEREAS, Jody Hermance, a current full-time employee within the Department requested
a promotion to the position, and
WHEREAS, the Director and Town Recreation Commission recommend that the Town
Board authorize the promotion of Mr. Hermance from Laborer to Mechanic as Mr. Hermance has
met the qualifications and has the required job experience for the position, and
WHEREAS, the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of Jody Hermance from Laborer to Mechanic effective on or about November 7th, 2017 at the rate
of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the
Mechanic position for the year 2017, subject to a ninety (90) day probationary period and any other
applicable Civil Service requirements, and
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 505
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of November, 2017 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION IN SUPPORT OF WARREN COUNTY'S PLAN
FOR COUNSEL AT INITIAL APPEARANCE FOR
ARRAIGNMENTS IN LOCAL COURTS
RESOLUTION NO.: 328, 2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Warren County is submitting a plan for counsel at initial appearance coverage
for arraignments in local courts, and
WHEREAS, the plan provides for a central arraignment part conducted twice a day at the
Warren County Municipal Center rather than at the town or city location of the arrest, and
WHEREAS, this plan requires the cooperation of the various local town and city justices
and judges, and
WHEREAS, State funding is available to provide for the expenses of the justices and
judges as they travel to Queensbury, and
WHEREAS, this program will promote efficiencies among the town and city courts and
justices and judges, as well as in County operations providing for mutual cooperation of the
County's municipalities,
NOW, THERFORE, BE IT
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 506
RESOLVED, that the Queensbury Town Board hereby indicates its support for Warren
County's plan for counsel at initial appearance coverage for arraignments in local courts, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
certified copy of this Resolution to the Warren County Attorney's Office and the Town Supervisor
and/or Town Clerk take such other and further action as may be necessary to effectuate the terms of
this Resolution.
Duly adopted this 6th day of November, 2017 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY GLENS FALLS COUNTRY CLUB, INC.
RESOLUTION NO.: 329,2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Glens Falls Country Club, Inc., (Petitioner) previously commenced Article
7 Real Property Assessment Review cases for 2016 - 2017 against the Town of Queensbury
concerning the assessments on certain parcels of property located on Round Pond, Mannis and
Country Club Roads, Town of Queensbury, having Tax Map Nos.: 289.18-1-37, 296.6-1-12, 296.7-
1-19 and 296.10-1-20, (hereinafter collectively the "Property"), and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel and the
Assessor has recommended a settlement proposal to the Town Board, and
WHEREAS, the Queensbury Union Free School District has indicated that it will approve
the proposed settlement,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 507
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 cases against the Town of Queensbury brought by Glens Falls Country Club,
Inc., for the 2016 — 2017 tax years concerning the assessment on property located on Round
Pond, Mannis and Country Club Roads, Town of Queensbury, having Tax Map Nos.: 289.18-1-
37, 296.6-1-12, 296.7-1-19 and 296.10-1-20, whereby Glens Falls Country Club, Inc., will
withdraw its case against the Town of Queensbury for tax year 2016 and its respective demands
for refunds, and
BE IT FURTHER,
RESOLVED, that the total of the assessment of the Property shall be amended and
reduced to an aggregate of $3,400,000 for the year 2017 following which the Assessor shall
fairly allocate the reduced aggregate assessments across the four (4) tax map parcel numbers
depicting the Property as she deems appropriate, and
BE IT FURTHER,
RESOLVED, that Real Property Tax Law §727 shall apply to the property for the years
2018, 2019 and 2020, 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.
Duly adopted this 6th day of November, 2017by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT: None
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF OCTOBER 25TH AND NOVEMBER 7TH,2017
RESOLUTION NO.: 330,2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 508
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills
presented as Warrants with run dates of October 25th and November 2' 2017 and payment dates of
October 25th and November 7th, 2017,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run
dates of October 25th and November 2' 2017 and payment dates of October 25th and November 7th
2017 totaling $28,006.08 and $1,097,450.51, 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 6th day of November, 2017, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT : None
RESOLUTION TO AMEND 2017 BUDGET
RESOLUTION NO.: 331,2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 509
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2017 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
009-9060-8060 Health Insurance 009-8160-4400 Misc. Contractual 4,700
032-9710-6010 Bond Principal 32-9720-6020 Install Bond Princ 25,100
032-9710-7010 Bond Interest 32-9720-6020 Install Bond Princ 12,900
032-9010-8010 NYS Retirement 032-9720-7020 Install Bond Interest 11,940
032-9710-7010 Bond Interest 032-9720-7020 Install Bond Interest 9,060
036-9710-6010 Bond Principal 036-9720-6020 Install Bond Princ 11,050
036-8110-4720 Consultant Fees 036-9720-6020 Install Bond Princ 1,950
036-9710-7010 Bond interest 036-9720-7020 Install Bond Interest 7,000
040-8320-4300 Electricity 040-8340-2300 Metering Devices 7,000
Increase Revenue
Insurance
001-0000-52680 Recovery 675
Increase
001-3310-4800 Equipment Repairs 675
Duly adopted this 6th day of November, 2017 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT : None
RESOLUTION AUTHORIZING CONSTRUCTION AND RECONSTRUCTION OF
GUIDE RAILING,POSTS AND COMPONENT PARTS ALONG CERTAIN SECTIONS
OF CLENDONBROOK AND LOCKHART MOUNTAIN ROADS
RESOLUTION NO.: 332,2017
INTRODUCED BY: Mr. George Ferone
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 510
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the New York State Legislature adopted legislation allowing any political
subdivision in New York State to "piggyback"off an existing County Bid, and
WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town
Board approval for the construction and reconstruction of guide railing, posts and component parts
along certain sections of Clendonbrook and Lockhart Mountain Roads by the Town of Queensbury
"piggybacking" with Warren County, regarding Warren County's Bid No.: WC 65-16 awarded to
Town & County Bridge and Rail, Inc., as authorized by Warren County Board of Supervisors
Resolution No.: 476 of 2016, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the construction and
reconstruction of guide railing, posts and component parts along certain sections of Clendonbrook
and Lockhart Mountain Roads as designated by the Town Highway Superintendent, by the Town of
Queensbury "piggybacking" with Warren County, regarding Warren County's Bid No.: WC 65-16
awarded to Town & County Bridge and Rail, Inc., as authorized by Warren County Board of
Supervisor's Resolution No.: 476 of 2016 for a total amount not to exceed $14,422.25 to be paid
from Account No.: 004-5110-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Highway Superintendent and/or Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of November, 2017, by the following vote:
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 511
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES None
ABSENT:None
RESOLUTION AND CONSENT OF TOWN BOARD CONCERNING PUBLIC RIGHT-
OF-WAY AND EXTENSION OF NATIVE DRIVE
RESOLUTION NO. 333,2017
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury (the "Town") is the owner of certain real property
located in the Town of Queensbury, County of Warren, State of New York, referred to as Tax
Map No. 308.20-1-9.1 (the "Property"), and
WHEREAS, the Town previously adopted Resolution No.: 577.95 pursuant to which it
agreed and affirmed that the Property is held for the purposes of being used as a Town road, and
WHEREAS, a roadway (the "Roadway") has been built and currently exists on the
Property which extends the Native Drive public right of way to the property line of the real
property commonly referred to as 1 Native Drive (a/k/a 24 Native Drive), Queensbury, New
York, tax parcel no. 308.20-1-9.2, and
WHEREAS, the Roadway, which is depicted in the Preliminary Survey Map created by
Hershberg & Hershberg dated October 17, 2017, Map No. 170324, has been utilized as a public
right of way and an extension of the Native Drive right of way, and
WHEREAS, the Town desires to formally recognize the Roadway as a public right of
way and extension of Native Drive,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 512
RESOLVED, that the Town Board formally recognizes the Roadway as a public right of
way and extension of the Native Drive public right of way, and that no further filings or
documents are necessary to effectuate that recognition, and
BE IT FURTHER,
RESOLVED that, in accordance with the provisions of Section 171 of the Highway Law
of the State of New York, consent is given that the Highway Superintendent of the Town of
Queensbury make an Order accepting and laying out the aforesaid town highway to be known as
an extension of the currently existing Native Drive, and
BE IT FURTHER,
RESOLVED that, the Town Highway Superintendent and Town Clerk are hereby
authorized to execute such documents and enter into such agreements as are necessary or
appropriate to effectuate the purpose of these resolutions.
Duly adopted this 6th day of November, 2017, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough
NOES: None
ABSENT: None
In the Matter
of the Acceptance
of certain Town ORDER LAYING OUT
HIGHWAY
Highways in the Town of Queensbury
County of Warren and
State of New York to be known as
an extension of Native Drive
Pursuant to Resolution of the Town Board of the Town of Queensbury (the "Town"),
County of Warren, State of New York, giving consent therefore;
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 513
NOW THEREFORE, I, the Town Superintendent of Highways do hereby determine and
order that a certain Town Highway shall be, and the same is hereby laid out in said Town as
follows:
ALL that certain street, portion or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren, State of New York, as shown in the Preliminary Survey Map
created by Hershberg & Hershberg dated October 17, 2017, Map No. 170324, attached hereto
and incorporated herein by reference. Such street shall be known and designated as and by the
name Native Drive Extension.
Dated:
Town Superintendent of Highways:
5.0 CORRESPONDENCE
DEPUTY CLERK, O'BRIEN-Received five letters from Travis Whitehead dated October 26th
through October 28th, 2017, which are on file in the Town Clerks Office.
6.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES)
MR. WHITEHEAD-Spoke regarding the pending Articles 7 noting that the current Counsel is
doing a good job. Spoke regarding his tax bill that he receives every year and the various taxes
that are included in it. This is all property tax. It should all be under the tax cap. Does not
understand how this is being handled properly under the tax cap, will probably be bringing this
up with the Office of State Comptroller. Spoke regarding proposals from Rise Engineering
regarding the replacement of lights in the Town.
MR. SALVADOR-Asked the status of the Property Transfer Law. Spoke regarding letter he sent
to Supervisor Strough regarding New York State Environmental Conservation Law.
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER (WARD I)
• Nothing to report
COUNCILMAN CLEMENTS (WARD II)
• Received a phone call from constituent Wayne Flagg regarding a gentleman on Corinth
Road near Exit 18 taking pictures. He was told it is regarding whether or not to add
another Exit 18B off of the Northway, noting he hasn't heard anything regarding this.
COUNCILMAN FERONE (WARD III)
• Before being sworn in noted that he has been working with an individual on the fire siren
on Aviation Road trying to schedule a meeting with Queensbury Central.
COUNCILMAN BREWER (WARD IV)
• Nothing to report
SUPERVISOR STROUGH
• Thanked Councilman Ferone for his service that he has given to the community as a
Planning Board Member.
• Thanked Tom Ford for his years of outstanding service he has given to this community as
a member of the Zoning Board of Appeals and the Planning Board.
REGULAR TOWN BOARD MEETING, 11-06-2017, MTG#36 514
• Supervisor Report to the Board and community.
• Thanked Look TV and sponsor Storedtech
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 334, 2017
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 6th day of November, 2017, by the following vote:
AYES: Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier
NOES: None
ABSENT:None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury
MINUTES PREPARED BY KAREN A. O'BRIEN, DEPUTY TOWN CLERK