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