2007-03-19 MTG10
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TOWN BOARD MEETING MTG #10
MARCH 19, 2007 RES. 134-150
7:05PM BOH 1
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ROGER BOOR
COUNCILMAN RICHARD SANFORD
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
FISCAL MANAGER, BARBARA TIERNEY
EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCHE ALTER
DIRECTOR OF PARKS AND RECREATIONS, STEVE LOVERING
WASTEWATER DIRECTOR, MIKE SHAW
SUPERINTENDENT OF WATER DEPARTMENT, BRUCE OSTRANDER
PRESS
TV8
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC
SUPERVISOR STEC- OPENED MEETING
1.0RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 134, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED
, that the Town Board of the Town of Queensbury hereby enters into the
Queensbury Board of Health.
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE
APPLICATION OF CHARLES M. WEBSTER
RESOLUTION NO.:
PULLED
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
DISCUSSION HELD:
nd
Supervisor Stec- This would be for Monday, April 2, our next Regular Town Board
Meeting at 7pm in this room. What he is seeking for, the property is on Chestnut Ridge
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Road, is to install a leach field 45 feet from wet lands instead of the required 100 foot set
back. So that will be a variance hearing again for two weeks from tonight on Monday,
nd
April 2. Any discussion?
COUNCILMAN BOOR- Yeah, I do. Is the applicant here? Anybody representing the
applicant? Okay, it’s important; hopefully we will get a memo to them. I spoke with our
engineer, Dan, today having reviewed the map. There are some things that haven’t been
done. There are no perk tests. If it is new construction and perk rates aren’t such it would
have to be 200 feet the variance as opposed to 100. The drawing that their Engineer
submitted is in complete opposition to what our, Dan Ryan, recommended and drew.
Dan’s actually had them 100 feet away with a leach field, which I would be much more
comfortable with. I believe the reason why the applicant drew it the other way is because
under our Engineers design it appears that the effluent would have to be pumped up to the
leach field which would be a little more expensive but I spoke with Dan in great lengths
today and it would be imperative that those engineers, both Charlie Maine who
designated the wetlands and Nace Engineering meet with our Engineer because of those
is that the type of system is not what our Engineer would recommend either. So, rather
than them come in with what they have here and us say sorry, I think it is imperative that
they talk to our Engineer.
COUNCILMAN SANFORD- So you are suggesting that we don’t go forward with
setting this because they need to do additional revisions.
COUNCILMAN BOOR- Right.
COUNCILMAN SANFORD- I kind of agree with that. I reviewed it too and that’s what I
came up with.
SUPERVISOR STEC- Alright, yeah we can do that.
COUNCILMAN BOOR- My only thing is, I don’t know if they can do a perk test in the
amount of time where we would be scheduling this.
COUNCILMAN SANFORD- We need the perk test.
COUNCILMAN BOOR- We got to have the perk test.
SUPERVISOR STEC- Well than how about this, why don’t we agree to pull this if you
guys want to remove your motion? We will just pull it and Blanche I’ll ask you to
coordinate with Dan Ryan and get word back to the applicant that there are issues they
need to resolve before we put this back on the agenda.
EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT, BLANCHE ALTER- I’ll
speak to them tomorrow.
SUPERVISOR STEC- Okay, super. Who moved this, John and Tim? Are you guys fine
with just removing and we will pull it.
COUNCILMAN BREWER- Yes.
COUNCILMAN STROUGH- Yes.
SUPERVISOR STEC- Okay, no problem.
COUNCILMAN BREWER- So we will re-address this at another time?
SUPERVISOR STEC- Yeah, so that question is resolved and we are comfortable and
confident with it.
COUNCILMAN BOOR- Thanks.
SUPERVISOR STEC- No problem. Resolution to adjourn the Board of Health.
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RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 1, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Queensbury Board of Health hereby adjourns and enters Regular
Session of the Town Board of the Town of Queensbury.
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING
2.0 PUBLIC HEARING
CENTRAL QUEENSBURY QUAKER ROAD SEWER DISTRICT EXTENSION
NO. 9- JOHN W. DREPS BAY ROAD SUBDIVISION
PUBLICATION DATE: MARCH 9, 2007
OPEN
SUPERVISOR STEC- I will open this public hearing. I guess Mr. Dreps’ applicant, or
the applicant’s agent is here. I will ask him to come up here. This is for a five or six lot
commercial subdivision off of Bay Road. There are five commercial lots, 6.37 acre parcel
on the east side of Bay Road. Mr. Nace if you would like to add to that.
TOM NACE- This is just a sewer district for those five commercial lots, no other
connections. The sewers have been constructed or are in place. There will be no cost to
any of the homeowners quote unquote or the owners of the lots since the developer has
paid all of the installation expense. So it would be just normal operating expenses once
the sewer district is formed and any development of this lot occurs.
SUPERVISOR STEC- Okay. Any questions for Mr. Nace. Mike Shaw do you have
anything you need to add.
WASTEWATER DIRECTOR, MIKE SHAW- No.
SUPERVISOR STEC- Okay. The public hearing is open. If there is any members of the
public that would like to comment or ask any questions regarding this public hearing for
this sewer district extension No. 9 off of Bay Road just raise your hand, I will call on you
one at a time. I didn’t think so. Any other comments from Town Board Members? We do
have two resolutions once we close the public hearing. One for SEQRA, and I will ask
Blanche to walk the Board through the SEQRA. The other one will be for the actual
approval for the sewer district. Any Questions for Mr. Nace? Alright, anybody at all? I
will close the public hearing.
PUBLIC HEARING CLOSED
SHORT ENVIRONMENTAL ASSESSMENT FORM PART II IMPACT
ASSESSMENT
PART II IMPACT ASSESSMENT (TO BE COMPLETED BY LEAD AGENCY)
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A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART
617.4? IF YES, COORDINATE THE REVIEW PROCESS AND USE THE
NO
FULL EAF.
B.WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR
UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE
DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED
NO
AGENCY.
ANY
C.COULD ACTION RESULT IN ADVERSE EFFECTS ASSOCIATED
WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF
NO
LEGIBLE)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels,
existing traffic pattern, solid waste production or disposal. Potential for erosion,
NO
drainage or flooding problems? Explain briefly.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural
NO
resources or community or neighborhood character? Explain briefly.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or
NO
threatened or endangered species? Explain briefly.
C4. A community’s existing plans or goals as officially adopted, or a change in
NO
use or intensity of use of land, or other natural resources? Explain briefly.
C5. Growth, subsequent development, or related activities likely to be induced by
NO
the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in C1-C5?
NO
Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy?
NO
Explain briefly.
D.WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL
CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A
CRITICAL ENVIRONMENTAL AREA (CEA)? IF YES, EXPLAIN BRIEFLY
NO
E.IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO
POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN
NO
BRIEFLY.
RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-
SIGNIFICANCE REGARDING CENTRAL QUEENSBURY QUAKER
ROAD SEWER DISTRICT EXTENSION NO. 9 –
JOHN W. DREPS BAY ROAD SUBDIVISION
RESOLUTION NO.: 135, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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WHEREAS, the Queensbury Town Board wishes to establish an extension to the
Central Queensbury Quaker Road Sewer District to be known as Central Queensbury
Quaker Road Sewer District Extension No. 9, and
WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead
agency status for compliance with the State Environmental Quality Review Act (SEQRA)
which requires environmental review of certain actions undertaken by local governments,
and
WHEREAS, the proposed action is an unlisted action in accordance with the rules
and regulations of SEQRA,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed
action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the
action for potential environmental concerns, determines that the action will not have a
significant effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor to complete the Short Environmental Assessment Form by checking the box
indicating that the proposed action will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and
authorizes and directs the Town Clerk to file any necessary documents in accordance with
the provisions of the general regulations of the Department of Environmental Conservation.
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
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RESOLUTION APPROVING CENTRAL QUEENSBURY QUAKER
ROAD SEWER DISTRICT EXTENSION NO. 9 –
JOHN W. DREPS BAY ROAD SUBDIVISION
RESOLUTION NO. 136, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board wishes to establish an extension to the
Central Queensbury Quaker Road Sewer District (hereinafter the “District”) to be known as
Central Queensbury Quaker Road Sewer District Extension No. 9, and
WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E.,
Consulting Engineer, an engineer licensed by the State of New York, regarding the
proposed sewer district extension to serve the John W. Dreps Bay Road Subdivision
containing five (5) commercial lots located on an approximately 6.37 acre parcel of land on
the east side of Bay Road (tax map parcels: #296.16-1-16.11, #296.16-1-16.14, 296.16-1-
16.15, 296.16-1-16.16 and 296.16-1-16.17) as more specifically set forth and described in
the Map, Plan and Report (hereinafter the “Sewer District Extension”), and
WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan
and Report for the proposed Sewer District Extension and such 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
Sewer District Extension, a general plan of the proposed sewer system, a report of the
proposed sewer system and method of operation, and
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WHEREAS, on February 26, 2007 subsequent to the filing of the Map, Plan and
Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing
Order”) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the
proposed improvements; (c) the fact that all costs of the improvements will be paid for by
the Developer and not the Town of Queensbury; (d) the estimated cost of hook-up fees (if
any) and the cost of the Sewer District Extension to the typical property and the typical one
or two family home (if not the typical property); (e) the proposed method of financing to be
employed; (f) the fact that a Map, Plan and Report describing the improvement is on file in
the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed
Sewer District Extension; (h) that all the expenses of the District, including all extensions
heretofore or hereafter established, shall be a charge against the entire area of the District as
extended, and
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WHEREAS, copies of the Public Hearing Order were duly published and posted and
were filed with the Office of the State Comptroller, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation
of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the
typical property and typical one or two family home (if not the typical property) were
computed was filed with the Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly
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held on Monday, March 19, 2007 and the Town Board has considered the evidence given
together with other information, and
WHEREAS, the Town Board has considered the establishment of the Sewer District
Extension in accordance with the provisions of the State Environmental Quality Review Act
and has adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District
Extension as detailed in the Map, Plan and Report in accordance with Town Law, Article
12A and consolidate the Sewer District Extension with the Central Queensbury Quaker
Road Sewer District in accordance with Town Law §206-a,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1.Notice of Public Hearing was published and posted as required by law and is
otherwise sufficient;
2.An application for permission of the Office of the State Comptroller to
extend the District is not necessary, given that all costs associated with the extension of
the District and construction of the facilities therein shall be borne by the Developer;
3.All property and property owners within the Sewer District Extension are
benefited;
4.All property and property owners benefited are included within the limits of
the Sewer District Extension;
5.It is in the public interest to establish, authorize, and approve the Central
Queensbury Quaker Road Sewer District Extension No. 9 to the existing Central
Queensbury Quaker Road Sewer District as described in the Map, Plan and Report on file
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with the Queensbury Town Clerk;
6.In accordance with New York State Town Law §206-a, it is in the public
interest to assess all expenses of the District, including all extensions heretofore or hereafter
established, as a charge against the entire area of the District as extended; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the
Central Queensbury Quaker Road Sewer District Extension No.: 9 in accordance with the
boundaries and descriptions set forth in the previously described Map, Plan and Report and
as follows:
All that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, more particularly
bounded and described as follows: BEGINNING at a point in the easterly side of
Bay Street at the northwest corner of the lands conveyed to Stewarts Ice Cream
Company, Inc.; running thence along said Bay Road, North 05 degrees, 11 minutes
and 12 seconds East, a distance of 161.63 feet; continuing along Bay Road, North 05
degrees, 05 minutes and 41 seconds East, a distance of 362.4 feet to the southwest
corner of lands of Bay Meadows Golf Club Inc.; thence running along said lands
southeasterly along a curve to the left having a radius of 25.00 feet a distance of
39.27 feet; thence running South 84 degrees, 54 minutes and 19 seconds East, along
the southerly bounds thereof, a distance of 238.97 feet; thence running along a curve
to the left having a radius of 25.00 feet, a distance of 37.95 feet; thence running
along a curve to right having a radius of 70.00 feet, a distance of 219.59 feet; thence
continuing along said lands of Bay Meadows Golf Club Inc., South 83 degrees, 47
minutes and 10 seconds East, a distance of 152.09 feet to an angle point therein for a
corner; thence continuing along said lands of Bay Meadows Golf Club Inc., South
06 degrees, 12 minutes and 50 seconds West, a distance of 440.20 feet to the
northeast corner of lands now or formerly of JBJ Queensbury, LLC; thence running
along said lands, North 81 degrees, 26 minutes and 40 seconds West, a distance of
287.70 feet to the northwest corner thereof; thence running along said the westerly
line thereof, South 05 degrees, 53 minutes and 33 seconds West, a distance of 93.91
feet to the northeast corner of said lands of Stewarts Ice Cream Company, Inc.;
thence running along the northerly bounds thereof, North 84 degrees, 06 minutes
and 27 seconds West, a distance of 284.03 feet to the point and place of beginning,
containing 6.37 acres of lands to be the same more or less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
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SUBJECT also to an easement of ingress and egress over the southwesterly corner
of said property as described in an easement granted by Roger W. Brassel to Stewarts Ice
Cream Company, Inc. recorded in book 1115 of deeds at page 24.
and
BE IT FURTHER,
RESOLVED, that construction of the improvements may proceed and service
provided subject to the following;
1.The obtaining of any necessary permits or approvals from the New York
State Department of Environmental Conservation;
2.Permissive referendum in the manner provided in New York State Town
Law Article 7; and
3.The adoption of a Final Order by the Queensbury Town Board; and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in the manner
provided by the provisions of New York State Town Law Articles 7 and 12A and the Town
Board authorizes and directs the Queensbury Town Clerk to file, post and publish such
notice of this Resolution as may be required by law and to cause to be prepared and have
available for distribution proper forms for the petition and shall distribute a supply to any
person requesting such petition, and if no such petition is filed within 30 days, to file a
certificate to that effect in the Office of the County Clerk.
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
3.0 CORRESPONDENCE
NONE
4.0INTRODUCTION OF RESOLUTIONS FROM THE FLOOR
NONE
5.0PRIVILEGE OF THE FLOOR
PAUL ABESS-
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(Submitted letter to be kept on file in the Town Clerk’s Office) Read a letter from
the Ethics Board notifying the Town Board of the immediate resignation of
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Gordon Ostrander. Richard Merrill, Thomas Haley, and Kathleen Irion are
requesting not to be reappointed, and that Mr. Abess himself will resign when his
term expires and a new Ethics Board is in place.
BERNARD RAHILL-
?
Questioned whether Supervisor Stec performed marriages.
?
Spoke regarding the Kirsten Gillibrand’s appearance at the Hyde Collection on
Saturday, March 10, 2007 speaking on health care issues.
PLINEY TUCKER-
?
Questioned the Board regarding whether or not a firm was ever hired to take a
look at charges from Niagara Mohawk. Supervisor Stec will look into that and get
back to him.
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Questioned the process for reporting street lights that are out? Supervisor Stec
told him to call his office with a pole number and the street location and he will
call it in.
He submitted a petition to form a library in the Town of Queensbury.
On this day of March 19, 2007, we the undersigned taxpayers of the Town of
Queensbury, Warren County, NY 12804, petition the Town Board to establish a Tax
Free Public Library, within 90 days of the filing of this petition with the Town
Board.
Surplus Funds of said Town shall be used to establish and operate said
Public Library. (Thirty-eight signatures on file in the Town Clerk’s Office)
GEORGE DRELLOS-
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Questioned the Board on when the project on Corinth Road will begin?
Supervisor Stec said that it has been in planning for nine years. Utility
construction could possibly start by the end of this year.
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Commended the Highway Department for a job well done during this last job.
6.0TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER-
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Congratulated the Glens Falls Basketball Team
COUNCILMAN STROUGH-
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Also congratulated the Glens Falls Basketball Team on a job well done. He
attended the games at the Civic Center, which was packed with supporters from
all over the area.
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Congratulations to the Queensbury High student who performed the “Music
Man.” They did a great job.
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Spoke of the editorial in the Post Star on March 7, 2007 on ethics.
COUNCILMAN SANFORD-
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The Glens Falls Basketball players did a great job.
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Spoke regarding an e-mail he received from Mr. Rahill whether or not there is
anything the Town could do on Round Pond. This was looked at in the 80’s and
nothing ever happened. At Mr. Rahill’s suggestion he put a call into the current
owner of the property. That individual did not return his call. He will follow-up to
try and find out what the current status of the property is.
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Placed a call to the Attorney’s regarding moving forward with setting the public
hearing for North Queensbury.
COUNCILMAN BOOR-
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Agrees with Councilman Sanford that it would be worth looking into whether or
not the Town could acquire the property near Round Pond.
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Also went to the Glens Falls Basketball Tournament. It was a great game and they
did a great job.
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Queensbury Hockey players did a great job as well.
SUPERVISOR DANIEL STEC-
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Thanks to Glens Falls National Bank and TV8 for sponsoring our televised Town
Board Meetings.
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The Towns website www.queensbury.net- there is a lot of information is available
there.
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Also attended the play the “Music Man” put on by the Queensbury High Students.
Everyone did a great job!
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Also gave his congratulations to the Glens Falls Basketball players.
?
The Queensbury Little League recently made a presentation to the Common
Council of Glens Falls, looking for space. They have the need for additional fields
because they are up to approximately 900 ball players now. He was approached
by them looking for guidance with the Glens Falls Watershed property in mind.
He directed them to talk to the Recreation Commission, the Glens Falls Water and
Sewer Board, and the Common Council. The City is willing to work with the
Little League on this. Sometime in the near future they will be coming to the
Town to gauge interest and support.
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As Mr. Rahill pointed out last Saturday afternoon at the Hyde Kirsten Gillibrand
had a public meeting to discuss health care. Before that meeting she met with 15
out of 20 members of the Warren County Board of Supervisors. They had a round
table discussion regarding issues of concerns to supervisors. Some of the things
that he mentioned surrounded our need for funding as they look to move forward
with the septic management district.
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?
On March 12, along with Bill McGarr (coordinator for Veteran’s in Warren
County) and the Supervisor from Hadley, Jeff Trottier attended a meeting with the
Congress woman and her staff to talk about Veteran’s issues.
7.0RESOLUTIONS
RESOLUTION APPOINTING JENNIFER BAERTSCHI TO THE
POSITION OF RECREATION PROGRAM ASSISTANT IN
TOWN RECREATION DEPARTMENT
RESOLUTION NO. 137, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Town of Queensbury Recreation Commission and Director of
Parks and Recreation (Director) recommend appointment of a full-time Recreation Program
Assistant in the Parks and Recreation Department, and
WHEREAS, the Recreation Commission and Director posted availability for the
vacant, full-time position in accordance with the Warren County Civil Service Department,
reviewed resumes and interviewed interested candidates, and
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WHEREAS, the Recreation Commission Personnel Committee and Director have
made a hiring recommendation to the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby endorses the appointment of
Jennifer Baertschi as Recreation Program Assistant, an overtime exempt and Grade 5
position within the Town of Queensbury’s Non-Union Position Grade Schedule, effective
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March 20, 2007 or the date thereafter that she commences in such position, on a
provisional basis subject to her successful completion of: 1) a pre-employment physical
required by Town Policy; 2) a six month probation period; 3) a Warren County Civil
Service Exam, if applicable; and 4) any other Civil Service requirements, and
BE IT FURTHER,
RESOLVED, that Ms. Baertschi shall be paid an annual salary of $27,602, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Director of Parks and Recreation and/or Town Fiscal Manager to complete any
forms and take any action necessary to effectuate the terms of this Resolution.
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Duly adopted this 19 day of March, 2007 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None
RESOLUTION APPOINTING COURTNEY SMITH TO
TOWN OF QUEENSBURY RECREATION COMMISSION
RESOLUTION NO. 138, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury previously established the Town of
Queensbury Recreation Commission in accordance with applicable New York State law,
and
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WHEREAS, a vacancy exists on the Recreation Commission, and
WHEREAS, the Town Board interviewed candidates and wishes to appoint
Courtney Smith to the Recreation Commission,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Courtney Smith to
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the Town of Queensbury Recreation Commission, such term to expire on December 31,
2013.
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF FRANK RICCIO AS
FULL-TIME LABORER FOR SOLID WASTE DEPARTMENT
RESOLUTION NO. 139, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
WHEREAS, the Town of Queensbury’s Landfill Equipment Operator has advised
the Town Board that there is a vacant, full-time Laborer position in the Solid Waste
Department, and
WHEREAS, the Landfill Equipment Operator posted availability for the position,
reviewed resumes, interviewed interested candidates and has recommended the hiring of
Frank Riccio,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Landfill Equipment Operator to hire Frank Riccio as a full-time Laborer effective March
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20, 2007 contingent upon Mr. Riccio passing a pre-employment physical as required by
Town Policy and subject to an eight (8) month probationary period, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs that Mr. Riccio be
paid the hourly rate of pay listed for the Laborer position in the current CSEA Contract, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Landfill Equipment Operator and/or Town Fiscal Manager to complete any
forms and take any action necessary to effectuate the terms of this Resolution.
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Duly adopted this 19 day of March, 2007 by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF JEREMY WARD AND
DANIEL DWYER AS TEMPORARY, PART-TIME LABORERS
TO WORK AT TOWN CEMETERIES
RESOLUTION NO. : 140, 2007
INTRODUCED BY Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Cemetery Commission has requested Town Board authorization to
hire Jeremy Ward and Daniel Dwyer as temporary Laborers to work for 10 weeks this
summer under the direct supervision of the Town’s Cemetery Superintendent, such
employment proposed to commence in May, 2007, and
WHEREAS, Town Policy requires that familial relationships must be disclosed
and that the Town Board must approve the appointment of Town employees’ relatives
and Jeremy Ward is the nephew of Eugene Ward, a Heavy Equipment Operator in the Town
Highway Department, and Dan Dwyer is the nephew of Michael Lopez, a Working
Foreman at the Pine View Cemetery,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
hiring of Jeremy Ward and Daniel Dwyer as temporary Laborers to work 10 weeks this
summer under the direct supervision of the Town Cemetery Superintendent, and
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BE IT FURTHER,
RESOLVED, that these temporary employees shall be paid at the hourly rate set
forth in the Town’s Agreement with the Civil Service Employees Association and payment
shall be paid from the Laborer, Part-Time Account No.: 002-8810-1410, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Cemetery Superintendent and/or Town Fiscal Manager to complete any forms
and take any action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION SETTING HEARING ON KEITH CRIST’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
“A 2000” PROPERTY LOCATED AT 1025 STATE ROUTE 9
RESOLUTION NO.: 141, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Keith Crist has submitted his first application to the Town Board for a
§
variance/waiver from Town Code 136-44 for an extension of the Town’s connection
requirements to connect the “A 2000” property located at 1025 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that in the fall of 2007 there
will be excavation at the site for construction of a fifth and final storage building and
therefore, there will be equipment on site at that time for construction of the storage building
and for connection to the Sewer District, and the existing on-site sewage disposal system
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consists of a working septic tank, as more fully set forth in the Applicant’s application
presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday,
nd
April 2, 2007 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider Keith Crist’s sewer connection variance/waiver application
concerning the “A 2000” property located at 1025 State Route 9, Queensbury (Tax Map
No.: 296.13-1-24), and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town
Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by
law.
th
Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR
VARIABLE FREQUENCY DRIVES AND ACCESSORIES FOR
TOWN WATER DEPARTMENT’S LOW LIFT PUMPS
RESOLUTION NO.: 142, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Resolution No.: 617.2006, the Queensbury Town Board authorized
engagement of Barton & Loguidice, P.C. (Barton) for the provision of engineering services
related to the replacement of three Low Lift Pump variable frequency drives at the Town’s
Water Department, including the development of specifications, and
WHEREAS, Barton has presented the Town’s Civil Engineer with bid documents
and specifications to advertise for bids for the furnishing and installation of the three (3), six
pulse variable frequency drives and accessories necessary to operate the three (3) 125 horse
power low lift pumps, along with a contingency built in to the specifications to cover any
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additional line filter that may be required to keep any electrical variations within specified
guidelines, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids
and award the bid to the lowest responsible bidder meeting New York State statutory
requirements and the requirements set forth in the Town’s bid documents and specifications,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Purchasing Agent and/or Barton & Loguidice, P.C. to publish an advertisement for
bids for the furnishing and installation of the three (3), six pulse variable frequency drives
and accessories as delineated in the preambles of this Resolution, for the Town’s Water
Department, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Purchasing Agent to open all bids, read them aloud and record the bids as is customarily
done and present the bids to the next regular or special meeting of the Town Board.
th
Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING INSTALLATION OF STREET
LIGHT ON CORNER OF VANDUSEN ROAD AND LINETTE LANE
RESOLUTION NO.: 143, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board wishes to arrange for placement of a
street light on National Grid Power Corporation Pole #9 at the corner of VanDusen Road
and Linette Lane in the Town of Queensbury, and
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WHEREAS, such light would be located outside the boundaries of any Town of
Queensbury Lighting District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves installation of a
100 watt high pressure sodium lamp on National Grid Power Corporation Pole #9 at the
corner of VanDusen Road and Linette Lane in the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that annual charges for
such lighting shall be paid for from the appropriate General Fund Account as will be
determined by the Town Fiscal Manager as such street light is not located within a Town of
Queensbury Lighting District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor’s Office to make all necessary installation arrangements with National Grid
Power Corporation and the Town Supervisor and/or Town Fiscal Manager to take any other
action necessary to effectuate the terms of this Resolution.
th
Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF REGENT
CONSULTANTS CORP. FOR CONSULTING SERVICES RELATING
TO NON-OCCUPATIONAL DISABILITY INSURANCE
RESOLUTION NO.: 144, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
WHEREAS, by Resolution No.: 349,2006, the Queensbury Town Board authorized
engagement of the services of Regent Consultants Corp., to thoroughly evaluate the Town
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288
of Queensbury's insurance needs and prepare a Request for Proposals (RFP) to send to
insurance agents/brokers interested in providing insurance coverage to the Town, and
WHEREAS, the Town Board wishes to again authorize engagement of Regent
Consultants Corp., to perform the necessary consulting services relating to issuance of a
non-occupational disability insurance RFP for a fee of $750 plus travel expenses in an
amount up to $250 per personal meeting with the Town Board and/or designated
individuals,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes
engagement of Regent Consultants Corp., to prepare a Request for Proposals (RFP) to send
to insurance agents/brokers interested in providing non-occupational disability insurance
coverage to the Town, for a fee of $750, plus travel expenses in an amount up to $250 per
personal meeting with the Town Board and/or designated individuals, and
BE IT FURTHER,
RESOLVED, that the costs of such services shall be paid for from Account No.:
001-1315-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to sign any needed agreement or documentation and the Town Supervisor and/or
Town Fiscal Manager to take any other action needed to effectuate the terms of this
Resolution.
th
Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough
NOES: Mr. Stec, Mr. Brewer
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY DONNA ROSEN
RESOLUTION NO.
INTRODUCED BY: Mr. John Strough,
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PULLED
WHO MOVED ITS ADOPTION
SECONDEDBY: Mr. Roger Boor
DISCUSSION HELD:
SUPERVISOR STEC- For tax year 2005 and apparently this has been endorsed by the
Lake George Central School District who is also the involved party here. The property is
165 Pilot Knob Road. The current assessment was $538,000 and the revised assessment if
we approve this tonight will be $465,000.
COUNCILMAN BOOR- And this is just for the 2005 tax year?
SUPERVISOR STEC- Correct
COUNCILMAN STROUGH- In a letter that we got from our Attorneys, it refers to the
property on 167 Pilot Knob Road, which I looked up on our land locator on our website
and another person owns that property.
SUPERVISOR STEC- We just said 165. The Resolution says 165. So that might explain
that….
COUNCILMAN STROUGH- Furthermore, I did end up finding this individuals house.
COUNCILMAN BOOR- Wait a minute, did you find the right house though?
COUNCILMAN STROUGH- Yes I did, it’s listed under this owner. It wasn’t easy to
find. Here the Attorney says if the property owner were to rebuild the higher assessment
would be justified. Well, if you go to our website and look at the house it looks like
they’re rebuilding, huh.
COUNCILMAN BREWER- I kind of think so.
SUPERVISOR STEC- Do you guys want to—why don’t we pull this.
COUNCILMAN BOOR- Why don’t we pull it, let’s pull it.
SUPERVISOR STEC- Who moved it, the motion and second
COUNCILMAN STROUGH- I moved it.
COUNCILMAN BOOR- I’ll pull the second.
SUPERVISOR STEC- Alright, those that moved and seconded are withdrawing their
motion.
COUNCILMAN BOOR- Yeah.
SUPERVISOR STEC- So we’ll just pull it if there is no objection. Yeah, that looks like
it’s a work in progress. Okay so we will go ahead and pull number 9.
COUNCILMAN SANFORD- Wait a second, one thing that does come in mind they are
talking for the year 2005 and this is 2007.
COUNCILMAN BOOR- But the question, but it gets more complicated because it’s not
the same owner. I’m not sure if you can legally challenge your assessment if you don’t
own the property anymore.
COUNCILMAN SANFORD- Well, back then they owned it obviously.
SUPERVISOR STEC- There is several questions. I’ll run them down with Helen.
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COUNCILMAN BOOR- I mean, I don’t think you have standing.
SUPERVISOR STEC- Right.
COUNCILMAN BOOR- And the statute of limitations would be over on that I think
maybe.
SUPERVISOR STEC- Okay, so we will pull number 9, lets move on to number 10.
RESOLUTION APPROVING NEW FEE SCHEDULE FOR SERVICES
PROVIDED AT PINE VIEW CEMETERY AND CREMATORIUM
RESOLUTION NO.: 145, 2007
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury Cemetery Commission and Cemetery
Superintendent have informed the Town Board that the New York State Department of State
has advised the Town (by letter dated February 12, 2007 presented at this meeting) that the
State Legislature recently enacted Chapter 579 of the Laws of 2006 for the regulation of
New York State crematories and such law addresses the disposition of cremated remains,
operation of crematories, certification requirements and cremation authorizations, and
WHEREAS, in accordance with such new law, the Division of Cemeteries will
inspect all New York State crematories and to help defray the cost of such State inspections,
each cemetery will be required to pay the statutory fee for each cremation, and
WHEREAS, the Department of State will assess cemeteries and crematories the sum
of three dollars per interment and cremation in excess of fifteen interments or cremations for
the preceding calendar year, and
WHEREAS, in order to offset these new State fees, the Cemetery Commission has
recommended revisions to fees presently being charged by the Town of Queensbury Pine
View Cemetery and Crematorium, and
WHEREAS, the Cemetery Commission has requested Town Board approval for
such fee revisions as set forth in the Commission’s Memorandum to the Town Board, with
th
proposed new fee schedule, dated March 7, 2007 and presented at this meeting,
NOW, THEREFORE, BE IT
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RESOLVED, that the Queensbury Town Board hereby approves the new fee
schedule for services provided at the Pine View Cemetery and Crematorium as presented at
this meeting and as follows:
Pine View Cemetery and Crematory Outside Cemetery
Openings
Lots:
Per grave any multiple $550 Weekday $580**
Urn Garden Lots, any multiple $275 Saturday $780**
Grave Opening: Sundays and Holidays:
Weekday $555**
Saturday $705** Closed on Sundays. $805**
Small Child (Vault) Weekday $230** Holidays only if feasible and at the
Discretion of the Superintendent of
Cemeteries
Small Child (Vault) Saturday $285**
Infant Weekday $140**
Infant Saturday $200**
Cremation Interment:
Weekday $185**
Saturday $305**
Cremation:
Adult $330
Children 13 mo. – 12 yrs $180
Stillborn thru 12 mo. $130
Overtime Cremations $150
Extra
Mausoleum Interment:
Weekday $205**
Saturday $255**
Disinterment:
Mon. – Fri. $550**
Saturday $700**
Miscellaneous:
Vault Rental $125
Mailers $ 30
Cardboards $ 30
Refrigeration Rental Per Day $ 30
(Extended Storage)
Funerals after 3 pm $125
Extra
Call-ins $150
Extra
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stst
**WINTER BURIAL PERIOD is December 1 through March 31 if conditions allow.
There is an additional charge of $125 during this period
and
BE IT FURTHER,
st
RESOLVED, that the new fees shall take effect as of April 1, 2007, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Cemetery Superintendent and/or Town Fiscal Manager to establish
procedures and policies necessary to collect, manage and distribute the funds required to be
sent to the Department of State as referenced in the preambles of this Resolution and take
any and all action necessary to effectuate the new fee schedule.
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Duly adopted this 19 day of March, 2007 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Stec
NOES: None
ABSENT: Mr. Brewer
RESOLUTION TO AMEND 2007 BUDGET
RESOLUTION NO.: 146, 2007
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the attached Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Fiscal Manager,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Accounting Office to take all action necessary to transfer funds and amend the
2007 Town Budget as follows:
FROM: TO: $ AMOUNT:
002-9030-8030 002-8810-4230 1,500.
(Social Sec.) (Water)
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Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
TH
WARRANT OF MARCH 19, 2007
RESOLUTION NO.: 147, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
th
presented as the Warrant with a run date of March 15, 2007 and a payment date of March
th
20, 2007,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
thth
run date of March 15, 2007 and payment date of March 20, 2007 totaling $1,379,231.40,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Fiscal Manager to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
th
Duly adopted this 19 day of March, 2007, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES: None
ABSENT: None
RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO. 148, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
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SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into Executive Session to discuss the employment history of
an individual.
th
Duly adopted this 19 day March, 2007 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
NO ACTION TAKEN
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO. 149, 2007
INTRODUCED BY: Mr. Roger Boor
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Sanford
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns from
Executive Session and moves back into Regular Session.
th
Duly adopted this 19 day of March, 2007 by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION No. 150, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED IT ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
th
Duly adopted this 19 day of March, 2007 by the following vote:
AYES: Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen Dougher
Town Clerk
Town of Queensbury