2009-01-26 MTG#4REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4
TOWN BOARD MEETING MTG. #4
January 26, 2009 RES. 35-47
7:00 P.M. BOH 5-6
LL #1
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN JOHN STROUGH
TOWN BOARD MEMBERS ABSENT
COUNCILMAN RONALD MONTESI
COUNCILMAN TIM BREWER
TOWN OFFICIALS PRESENT
DIRECTOR OF BUILDING AND CODES- DAVE HATIN
WATER SUPERINTENDENT- BRUCE OSTRANDER
PRESS
POST STAR
TV8
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
SUPERVISOR STEC- OPENED MEETING
1.0 BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 35, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED: BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
Duly adopted this 26th day of January 2009 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Stec
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
PUBLIC HEARING- SANITARY SEWAGE DISPOSAL VARIANCE
APPLICATION OF RANDY SEVERANCE-
NOTICE SHOWN
PUBLICATION DATE: January 16, 2009
1
SUPERVISOR STEC- We had previously advertised for a public hearing tonight
regarding a sanitary sewage disposal variance application for Randy Severance. The
Severance's have submitted a different application that they would like us to consider
instead so we won't be conducting that public hearing and we won't be taking any action
regarding that original public hearing. What instead we'll likely do is entertain a
resolution to set a different public hearing before the same people, the Severance's.
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 2
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL
VARIANCE APPLICATION OF RANDY SEVERANCE
RESOLUTION NO.: BOH 5, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town's
On-Site Sewage Disposal Ordinance, and
WHEREAS, Randy Severance has applied to the Local Board of Health for
variances from Chapter 136 to install a new septic/leaching system:
1. 56.12' from wetlands instead of the required 100' setback;
2. 0' from the side property line instead of the required 10' setback;
3. 0' from the front property line instead of the required 10' setback; and
4. 15' from the foundation instead of the required 20' setback;
on property located at 7 Fox Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
hearing on Monday, February 23rd, 2009 at 7:00 p.m. at the Queensbury Activities Center,
742 Bay Road, Queensbury, to consider Randy Severance's sewage disposal variance
application concerning property located at 7 Fox Road in the Town of Queensbury (Tax
Map No.: 266.1-1-20) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
Duly adopted this 26th day of January, 2009, by the following vote:
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 3
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 6, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury Board of Health hereby
adjourns and moves back into Regular Town Board Session.
Duly adopted this 26th day of January, 2009 by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Brewer, Mr. Montesi
2.0 PUBLIC HEARINGS
Public Hearing Enacting Local Law 1 of 2009 to Amend Queensbury Town Code
Chapter 140 Entitled, "Signs" Relating to Certain Relocations of Existing Signs
Along County Route 28/Main Street
NOTICE SHOWN
PUBLICATION DATE: January 16, 2009
NO PUBLIC COMMENT
RESOLUTION ENACTING LOCAL LAW NO. 1 OF 2009 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 140 ENTITLED, "SIGNS"
RELATING TO CERTAIN RELOCATIONS OF EXISTING SIGNS
ALONG
COUNTY ROUTE 28/MAIN STREET
RESOLUTION N0.36, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local
Law No.: 1 of 2009 to amend Queensbury Town Code Chapter 140 entitled, "Signs,"
concerning certain relocations of existing signs along an approximately one mile portion of
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 4
County Route 28/Nlain Street within the Town of Queensbury during the Town's highway
improvement project to avoid placing an undue burden on businesses along the Main Street
Corridor that may be required to move their signs to accommodate the improvement of this
portion of Main Street, and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law § 10, and
WHEREAS, the Town Board duly held a public hearing on Monday, January 26tH
2009 and heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting
and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of
2009 to amend Queensbury Town Code Chapter 140, "Signs," as presented at this meeting,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to file the Local Law with the New York State Secretary of State in accordance
with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law
will take effect immediately upon filing with the Secretary of State.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough
NOES: None
ABSENT: Mr. Brewer, Mr. Montesi
3.0 HEARINGS
Hearing- Ordering Removal of Debris and the Filling and Leveling of Holes on
Property Owned By Daniel Searles and Located at 16 Homer Avenue, Queensbury
COUNCILMAN STROUGH- I drove by there yesterday and with all the snow cover I
couldn't see a thing
SUPERVISOR STEC- Dave, do you want to come to the microphone
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 5
DIRECTOR OF BUILDING AND CODES, DAVE HATIN- What we have here is a
property that was demolished by the owner. It wasn't completed and I sent him a letter
back in September asked him to complete it. It was not complete, as of this date, there is
a bunch of items, John that you couldn't see under the snow, which is one of the issues I
have with getting cleaned up right now. What I'd like to do is get the authorization and
then in the springtime when the snow is gone if he doesn't clean it up then I would be
authorized to do so.
COUNCILMAN STROUGH- In front of the old the garage
DIRECTOR OF BUILDING AND CODES, MR. HATIN- There's a hump there, that's
where a bunch of it is. There's a lot of stuff under the snow and there's also a hole from
the old foundation of the mobile home that was there that's not filled in yet. This will
authorize me do it as soon as the snow is gone.
COUNCILMAN METIVIER- I saw the property back in early December, I remember
going by it and I made a mental comment about it. I know exactly what you're talking
about.
DIRECTOR OF BUILDING AND CODES, MR. HATIN- My hope is that Mr. Searles
will take care of it before I have to.
SUPERVISOR STEC- Any other questions for Dave? Alright, Rose go ahead and call the
vote
RESOLUTION ORDERING REMOVAL OF DEBRIS AND THE
FILLING AND LEVELING OF HOLES ON PROPERTY OWNED BY
DANIEL SEARLES AND LOCATED AT 16 HOMER AVENUE,
QUEENSBURY
RESOLUTION NO.: 37, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury's Director of Building and Codes
Enforcement (Director) inspected a demolished structure on property owned by Daniel
Searles located at 16 Home Avenue in the Town of Queensbury (Tax Map No.: 302.8-1-26)
and found that all demolition debris from the structure had not been cleaned up and a hole
from the foundation had not been filled and leveled and so the structure and property is
generally in disrepair, unusable and unsafe, and
WHEREAS, the Director advised Mr. Searles to take appropriate measures to ensure
that the demolition debris be immediately cleaned up/removed and any holes on the
property be filled and leveled, as more specifically set forth in the Director's November 3ra
2008 letter to Mr. Searles, and
WHEREAS, the Director advised the Queensbury Town Board that in his opinion
the property is dangerous and unsafe to the general public and requested that the Town
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 6
Board take action if the property owner failed to clean-up and remove the demolition debris
and fill and level all holes, and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York
State Town Law §130(16), the Town Board may, by Resolution, determine whether in its
opinion the property is unsafe and dangerous, and if so, order that notice be served upon the
owner or other persons interested in the property that the demolition debris be removed and
any holes be filled in and leveled, and
WHEREAS, on Monday, December 15th, 2008, the Town Board declared the
structure on the property to be dangerous and unsafe to the public, and
WHEREAS, the Town Board held a hearing concerning this property on Monday,
January 26th, 2009 and notice of this hearing was served in accordance with the provisions
of New York State Town Law § 130(16) and Queensbury Town Code Chapter 60,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby orders Daniel Searles to
immediately begin removing the demolition debris from the property and filling in and
leveling the holes on property located at 16 Homer Avenue in the Town of Queensbury (Tax
Map No.: 302.8-1-26) and complete such work by 5:00 p.m., February 27th, 2009, and
BE IT FURTHER,
RESOLVED, that if the demolition debris is not removed and any holes not filled in
and leveled by February 27th, 2009, the Town Board hereby authorizes and directs the
Director of Building and Codes Enforcement to make the necessary arrangements to remove
the demolition debris and fill in and level the holes on the property, such work not to exceed
an amount up to $3,000.00, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §130(16) and
Queensbury Town Code Chapter 60, reparation/removal expenses may be assessed against
the real property and the Town Board may authorize and direct Town Counsel to institute an
action to collect the cost of the repairs or removal, including legal expenses, if necessary.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 7
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
4.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)
ARTHUR YANNOTTI- Asked the Town Board to do something about the traffic signal
on Aviation Road at the entrance of Queensbury School. He stated that there are two
problems with it. The first being the loop detectors in the pavement apparently stopped
working some time ago. The second is that the timing on the light overly favors vehicles
exiting Queensbury School and the traffic backs up on Aviation Road. There is also a
very long left turn duration from Aviation Road into Queensbury School. He has sent an
email to the Highway Superintendent back in November and has heard nothing as of yet.
SUPERVISOR STEC- This light has been an issue off an on but will contact the
Highway Superintendent.
COUNCILMAN STROUGH- There's brains to it, that don't work very long and we
don't know why. Its twelve hundred dollars to replace them every time. We may not have
a set of brains to that light and maybe they had to order them. We haven't heard anything
back from the Highway Department on that light yet. They have been notified.
Eventually we are going to have a round a bout there and those kind of problems will be
resolved. Until then, we will see what we can do.
SUPERVISOR STEG I apologize for Mike. I will ask him tomorrow and one of us will
get you an answer in the next day or two.
STEPHANIE GILMAN- Spoke to the Board regarding the drainage project between
Michael's Drive and Luzerne Road. She owns the property at 510 Luzerne Road which is
directly adjacent to the Town's easement for the drain pipe. In the middle of the easement
was a sugar maple tree that her children played in. Even though the tree was eighteen feet
off her property she was very distraught when she heard of the Town's intention to cut it
down. She left a message for Dan Ryan, the Town's Engineer, indicating that she would
like to see that tree saved. She offered up an easement onto her own property to facilitate
going around the tree and offered to move her sheds to give more space. She heard
nothing from Mr. Ryan and on January 5th the tree was taken down. Mr. Ryan did contact
her eight days later and explained that he had no choice to cut down the tree because he
was given certain parameters to work with and the tree was simply in the middle. She
was upset and feels that there were other options but no one called her to find out about
them.
JOHN SALVADOR- Spoke regarding the West Glens Falls Volunteer Fire Company.
Concerned regarding the sale of the fire house and the transfer of $20,000 from the West
Glens Falls Fire Company to the Fireman's Association.
PLINEY TUCKER- Is there a date for West Glens Falls Fire Company to come in front
of the Board for their contract?
SUPERVISOR STEC- Next Monday, February 2"d we are holding public hearings for
both West Glens Falls and South Queensbury's 2009 contracts.
MR. TUCKER- Questioned the Board regarding the time frame for the reval. for the
reassessment.
TOWN COUNSEL, HAFNER- It's hard to predict with the court system.
5.0 RESOLUTIONS
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4
RESOLUTION TO AMEND 2008 BUDGET
RESOLUTION NO.: 38, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
8
WHEREAS, the following Budget Amendment Requests have been duly initiated
and justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town's Accounting Office to take all action necessary to amend the 2008 Town Budget
as follows:
From To
Code Appropriation Code Appropriation $
001-1990-1010 Wage Contingency 001-1315-1010 Wages $ 1,210
001-1990-1010 Wage Contingency 001-1345-1010 Wages $ 97
001-1650-4100 Telephone 001-1660-4010 Central Supplies $ 740
001-1680-1010 IT Wages 001-1670-1010 Wages $ 165
001-1680-1010 IT Wages 001-1670-4030 Postage $ 1,950
001-3510-1010 ACO Wages 001-3410-1010 Fire Code Wages $ 755
001-6410-4530 Publicity 001-6772-4418 Prgrms for Aging Bus $ 500
001-7020-1010 Rec Wages 001-7110-1010 Parks Wages $ 1,900
002-9040-8040 Wcomp Insurance 002-8810-1010 Wages $ 1,555
002-9040-8040 Wcomp Insurance 002-8810-4300 Electricity $ 2,000
002-9040-8040 Wcomp Insurance 002-8810-4500 Heating Fuel $ 1,000
004-5130-4410 Fuel 004-5142-1010 Snow Wages $ 7,800
004-5130-4410 Fuel 004-5142-1020 Snow Wages O/T $ 4,800
009-8160-4447 Trash Burnables 009-8160-1010 Wages $ 2,350
032-1990-1010 Wage Contingency 032-8110-1010 Wages $ 200
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Stec
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
RESOLUTION AUTHORIZING COMMENCEMENT OF
SUPREME COURT ACTION IN CONNECTION WITH
TOWN OF QUEENSBURY V. DAVID MULLEN
RESOLUTION NO.: 39, 2009
INTRODUCED BY: Mr. Anthony Metivier
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 9
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, Chapter 179 of the Town Code provides for administration and
enforcement of the Town's Zoning Ordinance and related laws, codes, ordinances, and
regulations, and
WHEREAS, David Mullen owns property located at 275 Bay Road in the Town of
Queensbury (Tax Map No.: 302.8-1-2) and Town officials have warned Mr. Mullen on
numerous occasions and through previous Town Court actions, that Mr. Mullen is to bring
the property into compliance with the Town's Property Maintenance Codes, Junkyard
Ordinance, and other Ordinances that pertain to the building on the property as the building
is not structurally sound, i.e., there are several roof leaks which are deteriorating the roof of
the building causing rot of the wood members of the roof and there are cracks in the rear
walls caused by frost and ice and water damage, and
WHEREAS, the Town's Director of Building and Codes Enforcement has expressed
concern that the building has become an attractive nuisance and vagrants are now using the
building and trespassers are spraying graffiti on its walls and roof, and
WHEREAS, the Town's Fire Marshal and Director of Building and Codes are
charged with enforcement of the Town's Property Maintenance Codes, Junkyard Ordinance
and other Ordinances and have advised that Mr. Mullen continues to fail in making the
necessary repairs to maintain the structural integrity of the structure and clean up the
property and therefore the Director of Building and Code Enforcement has recommended
that the Town Board commence a Supreme Court action against Mr. Mullen to require Mr.
Mullen to come into conformance with the Town's Property Maintenance Codes, Junkyard
Ordinance and Town Code and/or to secure the building to prevent unauthorized entry ,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 requiring that the property be immediately secured and that the
property owner bring the property into compliance with the Town Code or allowing the
Town to do so and the charges assessed against the owner and made a lien against the
property,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 10
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 David Mullen concerning the property located at 275
Bay Road in the Town of Queensbury (Tax Map No.: 302.8-1-2) as referenced in the
preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board 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 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, Fire Marshal and/or Town
Budget Officer to take any and all action necessary to effectuate all terms of this
Resolution.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
RESOLUTION AUTHORIZING PURCHASE OF PROGRAMMABLE LOGIC
CONTROLLER FOR FILTERS AT WATER DEPARTMENT
RESOLUTION NO.: 40, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury's Water Department Civil Engineer has
advised that a Programmable Logic Controller (PLC), an important control mechanism on
one of the Water Department's filters, has failed and must be completely replaced, and
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 11
WHEREAS, the Civil Engineer has further advised that in order for the Town's
filter backwash apparatus to work correctly, an "Infilco Degremont" PLC must be
purchased, and such PLC is a proprietary piece of equipment, and
WHEREAS, the Civil Engineer has determined that this particular piece of
equipment is necessary and that it is only available from a sole source and cannot be put out
to bid, and
WHEREAS, the cost of such new PLC, to be purchased from Infilco Degremont, the
original supplier, will cost $13,248.75, including installation, and
WHEREAS, the Civil Engineer has requested that the Town Board also authorize
up to a 5% contingency for any overrun and/or Change Orders that he deems necessary or
appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the purchase of a
new Infilco Degremont Programmable Logic Controller from Infilco Degremont, the
Town's original supplier, for use at the Town's Water Department as delineated in this
Resolution for an amount of $13,248.75, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Civil Engineer to
approve up to a 5% contingency for any overrun and/or Change Orders that he deems
necessary or appropriate or in a total amount not exceeding $13,911.75, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that payment shall be
made from the Plant Maintenance Account No.: 40-8320-43 50, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Water Superintendent, Civil Engineer and/or Budget Officer to take such other
and further actions as maybe necessary to effectuate the terms of this Resolution.
Duly adopted this 26th day of January, 2009, by the following vote:
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 12
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Brewer, Mr. Montesi
RESOLUTION AUTHORIZING ENGAGEMENT OF BARYON &
LOGUIDICE, P.C., FOR ENGINEERING SERVICES IN
CONNECTION WITH WATER MAIN REPLACEMENT PROJECT
ALONG
RICHARDSON STREET AND RYAN AVENUE
RESOLUTION NO.: 41, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury's Water Superintendent requested proposals
for engineering services concerning the replacement of water mains along Richardson Street
and Ryan Avenue in the Town of Queensbury (Project), and
WHEREAS, the Water Superintendent received and reviewed three (3) proposals
and has recommended that the Town Board authorize engagement of the lowest bidder,
Barton &Loguidice, P.C., for such engineering services for an amount not to exceed
$35,700 as delineated in B&L's November 26th, 2008 proposal presented at this meeting,
and
WHEREAS, the Water Superintendent has advised the Town Board that there are
times when Change Orders may become necessary related to such services 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,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of Barton & Loguidice, P.C. for engineering services concerning the
replacement of water mains along Richardson Street and Ryan Avenue in the Town of
Queensbury for an amount not to exceed $35,700 as delineated in Barton &Loguidice,
P.C.'s proposal dated November 26th, 2008 presented at this meeting, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 13
RESOLVED, that the Town Board hereby authorizes the Town Water
Superintendent to approve and sign Change Orders pertaining to such services up to a 5%
contingency or in the total amount not exceeding $1,785.00 that he deems necessary or
appropriate, and
BE IT FURTHER,
RESOLVED, that payment for such services shall be paid from Account No.:
141-8340-4403, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to
amend the 2009 Town Budget by transferring $37,485.00 from Bond Principal Account
No.: 141-8340-6010 to Account No.: 141-8340-4403, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Water Superintendent and/or Town Budget Officer to execute any
documentation and take such other and further action as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Stec, Mr Metivier, Mr. Strough
NOES: None
ABSENT: Mr. Brewer, Mr. Montesi
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY JAMES DeNOOYER
RESOLUTION NO.: 42, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, James DeNooyer (Petitioner) previously commenced Article 7 Real
Property Assessment Review cases against the Town in 2005, 2007 and 2008 challenging
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 14
the assessments on two parcels in Queensbury, located at 3316 State Route 9L (Tax Map
No. 239.18-1-24) and 3308 State Route 9L (Tax Map No.: 239.18-1-26) and
WHEREAS, the Queensbury Town Board previously approved Resolution
Number 430 of 2007 to settle the 2005 case, and
WHEREAS, Petitioner has proposed settling the 2007 and 2008 cases on the same
terms as the Town Board approved for settling the 2005 case, and
WHEREAS, the Town Assessor has reviewed the cases with Town Counsel, and
the Town Assessor recommends the settlement proposal to the Town Board, and
WHEREAS, the Lake George Central School District has approved the proposed
settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of
the pending Article 7 proceedings filed by James DeNooyer against the Town in 2007 and
2008 challenging the assessments on two parcels in Queensbury, located at 3316 State
Route 9L (Tax Map No. 239.18-1-24) and 3308 State Route 9L (Tax Map No.: 239.18-1-
26) as follows:
1) For 2007 & 2008, the assessments on the parcels shall be revised as follows:
Tax Map #: Assessed Value Revised Assessment
23 9.18-1-24 $1,778,400 $1,600,000
239.18-1-26 1,398,400 1,175,000
and
2) For 2009, 2010, and 2011 the assessments on the parcels shall be the same as the
revised assessments as set forth above, regardless of whether there is a Town-wide
revaluation effective before the 2012 Assessment Roll; and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 15
RESOLVED, that the Town Board authorizes and directs payment of any and all
corresponding refunds, with interest if ordered by the Court, within sixty (60) days from the
date that Petitioners serve a Demand for Refunds upon the Town and the Warren County
Treasurer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute
settlement documents and take any additional steps necessary to effectuate the proposed
settlement in accordance with the terms of this Resolution.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
RESOLUTION APPOINTING TAMARA SCHROEDER AS
PRINCIPAL ACCOUNT CLERK ON PERMANENT BASIS
RESOLUTION NO.: 43, 2009
INTRODUCED BY: Mr. Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 476,2007, the Queensbury Town Board promoted
Tamara Schroeder to the position of Principal Account Clerk on a provisional basis until
such time as Ms. Schroeder successfully passed the Warren County Civil Service
Promotional Exam for such position and completion of a 90 day trial (probationary) period,
and
WHEREAS, Ms. Schroeder has successfully passed the Warren County Civil
Service Exam for such position and completed her 90 day trial (probationary) period and
therefore the Town Board may appoint her on a permanent basis,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 16
RESOLVED, that the Queensbury Town Board hereby appoints Tamara Schroeder
to the position of Principal Account Clerk on a permanent basis subject to a 30 day
probationary period commencing January 20th, 2009, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms
necessary to effectuate the terms of this Resolution.
Duly adopted this 26th day of January, 2009 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Stec
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
RESOLUTION SETTING PUBLIC HEARING ON FIRE
PROTECTION SERVICE AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND
BAY RIDGE VOLUNTEER FIRE CO., INC.
RESOLUTION NO.: 44, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, fire protection services are provided to the Town of Queensbury by the
Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury
Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West
Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire
Company and the Town, and
WHEREAS, the Town and the Bay Ridge Volunteer Fire Co., Inc. have negotiated
terms for a new one (1) year Agreement for fire protection services, and
WHEREAS, in accordance with Town Law § 184 and General Municipal Law
§209(b), the Town Board wishes to set a public hearing concerning such proposed
Agreement for fire protection services,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 17
RESOLVED, that the Queensbury Town Board shall conduct a public hearing
concerning the proposed new fire protection services Agreement between the Town and the
Bay Ridge Volunteer Fire Co., Inc., on Monday, February 23rd, 2009 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury
Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least
ten (10) days prior to the Public Hearing.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
RESOLUTION APPROVING AUDIT OF BILLS -
WARRANT OF JANUARY 27~, 2009
RESOLUTION NO.: 45, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
presented as the Warrant with a run date of January 22"d, 2009 and a payment date of
January 27th, 2009,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
run date of January 22"d, 2009 and payment date of January 27th, 2009 totaling
$1,618,916.30, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Strough, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Brewer, Mr. Montesi
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
EXTENSION TO QUEENSBURY CONSOLIDATED WATER
DISTRICT TO SERVE THE RAWSON SUBDIVISION
RESOLUTION NO.: 46, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury wishes to extend the Queensbury
Consolidated Water District to serve the Rawson Subdivision (Subdivision) on the west
side of West Mountain Road in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared
by G. Thomas Hutchins, P.E., Hutchins Engineering, concerning the proposed water
district extension to connect the Subdivision to the existing Queensbury Consolidated
Water District water main along the east side of West Mountain Road as more
specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town
Clerk's Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
water district extension, a general plan of the proposed system, a report of the proposed
method of operation, the source of water supply and mode of constructing the proposed
water district extension improvements, and
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 19
WHEREAS, a Short Environmental Assessment Form (EAF) was submitted with
the Map, Plan and Report and Part I of the EAF was completed by the developer's
representatives, and
WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes
of the environmental review required for the project under the State Environmental
Quality Review Act (SEQRA),
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Water District are as set forth in the 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 westerly
bounds of the present Queensbury Water District at the northeast corner of lands
of Louis Maiocco and in the easterly bounds of the water main easement for the
City of Glens Falls and the southeasterly corner of the lands of Mountain Hollow
Homeowners Association; thence running North 06 degrees, 51 minutes and 30
seconds East, a distance of 505.57 feet to the southwesterly corner of other lands
of Rawson; thence running South 83 degrees, 08 minutes and 30 seconds East, a
distance of 308.32 feet to a point in the easterly bounds of said City of Glens Falls
water line easement in the westerly bounds of the existing water district; thence
running South 38 degrees, 14 minutes and 07 seconds West, along said existing
water district line, a distance of 592.16 feet to the place and point of beginning,
containing 1.79 acres of land to be the same more or less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
2. The proposed improvements consist of construction of infrastructure to
support the Subdivision which include a horizontal subsurface boring under West
Mountain Road to be made to provide access to the Town's water main along the east
side of West Mountain Road. A 6" ductile iron water supply will be installed south of the
new subdivision road and will dead-end at a fire hydrant in the middle of the cul-de-sac.
Individual taps to serve each new building lot will be made to this new 6" water line. All
new installations and taps will be coordinated with the Town of Queensbury Water
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Department. Maintenance of the existing and new facilities will be provided by the
Town of Queensbury Water Department.
3. All new capital costs associated with the installation of the new water
supply facilities including materials, excavation and labor will be paid by the subdivision
developer. There is no cost to the Town or the District for this District Extension.
4. The capital improvements necessary for this service area were provided
and paid for by the Subdivision developer and so there will be no debt service costs
related to this District Extension to the District. The estimated annual cost of the District
Extension to the typical property in the District Extension, which typical property is a
typical one family home for operation and maintenance and other charges (assuming an
average water usage) is $561. There will be no hook-up fees and the cost to construct a
water service connection from the new 6" water main to each new structure and the
purchase and installation of a water meter would be included in the total cost of each
home.
5. A detailed explanation of how the estimated costs of the District Extension
were computed is included in the Map, Plan and Report which has been filed with the
Queensbury Town Clerk and is available for public inspection.
6. The developer of the Subdivision will pay all costs of the improvements so
there will be no financing required by the Town on behalf of the District.
7. The proposed improvements shall be constructed and installed as
specifically delineated in the Map, Plan and Report and in full accordance with the Town
of Queensbury's specifications, ordinances or local laws, and any State laws or
regulations, and in accordance with approved plans and specifications and under
competent engineering supervision.
8. In accordance with Town Law §206-a, all future expenses of the
Queensbury Consolidated Water District, including all extensions heretofore or hereafter
established, shall be a charge against the entire area of the District as extended.
9. The Town Board shall meet and hold a public hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, February 23ra
2009 to consider the Map, Plan and Report and to hear all persons interested in the
proposal and to take such other and further action as may be required or authorized by
law.
10. The Town Board hereby authorizes and directs the Community
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Development Department to send a copy of the Short Environmental Assessment Form and
a copy of the Map, Plan and Report to all potentially involved agencies, the New York State
Department of Environmental Conservation and the New York State Department of Health,
together with all documentation required to be sent, along with a letter indicating that the
Town Board will be undertaking consideration of the project identified in this Resolution,
that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is
desired and that a Lead Agency must be agreed upon within 30 days.
11. The Town Board hereby authorizes and directs the Community
Development Department to prepare a report identifying any environmental impacts it
believes should be considered at the time the SEQRA review is conducted.
12. The Town Board hereby authorizes and directs the Queensbury Town
Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty
(20) days before the public hearing date, as required by Town Law §209-d, and complete
or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2)
Affidavits of Posting of Notice of the Public Hearing required hereby and to file a
certified copy of this Order with the State Comptroller on or about the date of
publication.
Duly adopted this 26th day of January, 2009, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough
NOES: None
ABSENT: Mr. Brewer, Mr. Montesi
6.0 CORRESPONDENCE
• Supervisor's Report for Community DevelopmentBuilding and Codes for the
month of December on file in the Town Clerk's Office
• 2008 Annual Report from Receiver of Taxes on file in the Town Clerk's Office
• 2008 Annual Report from the Town Historian on file in the Town Clerk's Office
• 2008 Annual Report from the Town Clerk on file in the Town Clerk's Office
7.0 TOWN BOARD DISCUSSION
COUNCILMAN METIVIER-
• Spoke regarding the structure fire on Glen Lake Road on Friday, February 23ra
He has been in contact with the residents who have expressed their appreciation to
everyone in the community who has stepped forward with donations to help them
out.
• North Queensbury Volunteer Fire Company has lost alife-time member this past
week. Our condolences to the family of Ed Baertschi.
• Received a call from a constituent regarding looking into exemptions for fire
fighters and emergency service personnel for their property taxes. This was
REGULAR TOWN BOARD MEETING 01-26-2009 MTG #4 22
forwarded onto Supervisor Stec who is working on this at the County. If all goes
well, sometime this summer or fall the Town could be in a position where there
could be a public hearing to enact this.
COUNCILMAN STROUGH-
• Spoke regarding Mr. Yannotti's concern with the traffic signal on Aviation Road
in front of the church and school. Wants to make sure there is a workshop to
discuss these round-a-bouts.
• There will be an Exit 20 Corridor Meeting on Wednesday, February 11th at
6:OOPM at the Exit 19 Ramada Inn.
• Reviewed the Fire Marshall's 2008 Annual Report.
• Updated public regarding events and membership for the Queensbury Senior
Citizens.
• Spoke of Mrs. Gilman's comments and the importance of keeping the lines of
communication open.
SUPERVISOR STEC-
• Apologized to Mrs. Gilman for the Engineer not returning her call promptly.
• Gave a brief overview of the next few meetings. There will be another Regular
Town Board Meeting next Monday, February 2nd. At this meeting there will be
two public hearings on West Glens Falls and South Queensbury's 2009 contracts.
On February 23rd there will be another Regular Town Board meeting where they
will hold public hearings for Bay Ridge Fire Company's 2009 contract, as well as
a public hearing on the Rawson Subdivision and the Severance septic variance
public hearing, etc. We did set a public hearing for Tuesday, February 24th at 7pm
at the Activities Center regarding the zoning code.
• Thanked TV8 and its sponsors.
• Town's website www.queensbury.net.
• Well wishes to Councilman Brewer to get better and to Councilman Montesi to
enjoy his vacation.
• Expressed his condolences to the family of Ed Baertschi.
• Well wishes to Deirdre Brennan who gave birth to a little boy yesterday.
RESOLUTION TO ADJOURN TOWN BOARD MEETING
RESOLUTION NO.: 47, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town
Board Meeting.
Duly adopted this 26th day of January, 2009 by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough,
NOES: None
ABSENT: Mr. Montesi, Mr. Brewer
Respectfully Submitted,
Miss Darleen M Dougher
Town Clerk
Town of Queensbury