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2011-10-03 MTG #27 REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 870 TOWN BOARD MEETING MTG. # 27 October 3, 2011 RES. 302-310 7:00 PM BOH 30-31 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER TOWN COUNSEL ROBERT HAFNER PRESS POST STAR LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH SUPERVISOR STEC OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 302, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 3rd day of October, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KENDALL AND CAROLE MINGES RESOLUTION NO.: BOH 30, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 871 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, Kendall and Carole Minges have applied to the Local Board of Health for variances from Chapter 136 to install: A.a replacement wastewater absorption system: 1.60’ from Mannis (Mud) Pond instead of the required 100’ setback; 2.90’ from the potable water well instead of the required 100’ setback; and 3.15’ from the house foundation instead of the required 20’ setback; and B a wastewater drop manhole and septic tank 3’ from the house foundation instead of the required 10’ setback; on property located at 161 Mannis Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, October 17, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kendall and Carole Minges’ sewage disposal variance application concerning property located at 161 Mannis Road in the Town of Queensbury (Tax Map No.: 289.18-1-6) 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. rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 872 RESOLUTION NO. BOH 31, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 3rd day of October, 2011 by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None 2.0 RESOLUTIONS RESOLUTION AUTHORIZING AND RATIFYING COURT CLERK MARGARET QUINTAL’S ATTENDANCE AT THE NYS ASSOCIATION OF MAGISTRATES COURT CLERKS 2011 CONFERENCE RESOLUTION NO.: 303, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Margaret Quintal, Queensbury Town Court Clerk requested Town Board authorization to attend the NYS Association of Magistrates Court Clerks 2011 Conference in th Niagara Falls, New York from September 25 – September 28th at an estimated cost of $932, and WHEREAS, the Queensbury Town Board previously authorized allocation of funds for conference expenses within the Town Court’s 2011 Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the Town Court Clerk’s attendance at the NYS Association of Magistrates Court Clerks 2011 Conference in Niagara Falls, New York as set forth in this Resolution at an estimated cost of $932, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 873 RESOLVED, that incurred expenses in the estimated amount of $932 at the conference shall be deemed proper Town charges, and BE IT FURTHER, RESOLVED, that such conference expenses shall be paid for from Account No.: 001- 001-1110-4090, and BE IT FURTHER, RESOLVED, that all necessary and reasonable expenses incurred at the conference are considered proper Town charges. rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2011/2012 AND PROVISION OF 2011 STANDARD YEAR END SERVICES RESOLUTION NO.: 304, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2011/2012, and the 2011 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX’s Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for a total estimated cost of $13,600, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 874 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the engagement of PENFLEX, INC. to provide administration and support services during 2011/2012 and the 2011 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program for a total estimated cost of $13,600, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. rd Duly adopted this 3 day of October, 2011 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None FINAL ORDER APPROVING ESTABLISHMENT OF GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 305, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board (the "Board") considered forming the Glen Lake Aquatic Plant Growth Control District (the "District") in accordance with New York Town Law Article 12-A for the purpose of controlling milfoil and other non-native, invasive aquatic plant species in Glen Lake, and WHEREAS, a Map, Plan and Report (the “Map, Plan and Report”) concerning the proposed District was prepared by VISION Engineering, LLC, filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report describes (a) the boundaries of the proposed District, (b) the proposed aquatic plant control plan and method of operation, (c) the maximum amount proposed to be expended for the plan, (d) the cost of the proposed District to the typical REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 875 property and, if different, the typical one or two family home, and (e) the proposed method of financing to be employed, if any, and WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk as a part of the Map, Plan and Report, and th WHEREAS, on August 8, 2011 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 District; (b) the proposed services and the proposed method of operation; (c) the maximum amount proposed to be expended for the services; (d) the cost of the District to the typical property and the typical one or two family home (if not the typical property); (e) that no capital improvements are anticipated for the District and, therefore, no financing will be employed; (f) the fact that a Map, Plan and Report describing the proposed District and services is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed District, and 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 the 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 nd WHEREAS, a public hearing on the proposed District was duly held on August 22, 2011 and the Town Board has considered the evidence given thereat together with other information, and WHEREAS, establishment of the proposed District was determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA), a SEQRA Short Environmental Assessment Form (EAF) was prepared for the proposed District, the Town Board determined to conduct uncoordinated SEQRA review and determined that establishment of the District and providing of the services described in the Map, Plan and Report will not have a significant adverse impact on the environment and authorized the filing of the completed EAF as a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the action, and nd WHEREAS, on August 22, 2011 the Town Board adopted a Resolution (the “Approval Resolution”) (1) determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) all of the property and property owners within the District are benefited thereby; (c) all of the property and property owners benefited are included within the limits of the District; (d) it is in the public interest to establish the District as described in the Map, Plan and Report and (2) approving the establishment of the District and the providing of the services in accordance with the boundaries and descriptions set forth in the Map, Plan and REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 876 Report, subject to the following: (a) the obtaining of any necessary permits or approvals from the New York State Department of Health and the New York State Department of Environmental Conservation; (b) the obtaining of any required approval(s) of the New York State Comptroller’s Office; (c) permissive referendum in the manner provided in New York State Town Law Article 7; and (d) the adoption of a Final Order by the Queensbury Town Board, and , WHEREAS the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no such petition was filed within 30 days after the date of the Approval Resolution, and the Town Clerk has caused a Certificate to that effect to be filed in the office of the County Clerk, and , WHEREAS the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to adopt a Final Order creating the District, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Glen Lake Aquatic Plant Growth Control District is hereby authorized, approved and established and the services may be provided, all in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, upon the required funds being made available or provided for, and BE IT FURTHER, ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this Order in the Warren County Clerk’s Office and send a certified copy of this Order to the State Department of Audit and Control at Albany, New York, the Town of Queensbury Assessor's Office and the Town of Queensbury Community Development Department, within 10 days of the date of adoption of this Order. rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPOINTING FRANK GALLE AS SCHOOL TRAFFIC OFFICER ON PERMANENT, PART-TIME BASIS RESOLUTION NO.: 306, 2011 REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 877 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 369,2010, the Queensbury Town Board appointed Francis Galle, Sr., as a School Traffic Officer (Crossing Guard) on an “on-call” basis only, and WHEREAS, the Town Board now wishes to hire Mr. Galle on a permanent, part-time basis, up to 15 hours per week, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Francis Galle, Sr., as a School Traffic Officer (Crossing Guard) on a permanent, part-time basis, up to 15 hours per week, th effective on or about October 11, 2011 at the current rate of pay for the position, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution shall be contingent upon satisfactory completion of background checks and other routine prerequisites. rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 307, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 878 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 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1410-4080 Legal Advertising 2,000 001-1990-4400 Contingency 001-1410-2001 Misc. Equipment 1,000 001-1990-4400 Contingency 001-1620-2001 Misc Equipment 4,000 002-9060-8060 Health Insurance 002-8810-4400 Misc Contractual 1,000 002-9060-8060 Health Insurance 002-8810-4110 Vehicle Repair 1,000 rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – TH WARRANT OF OCTOBER 4, 2011 RESOLUTION NO.: 308, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a thth Warrant with a run date of September 29, 2011 and a payment date of October 4, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run thth date of September 29 and a payment date of October 4, 2011 totaling $466,413.54, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 879 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. rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND #188 AND AWARD OF BID TO MONAHAN & LOUGHLIN, INC., FOR PURCHASE OF MATERIALS AND REPAIR OF TOWN HALL ROOF RESOLUTION NO.: 309, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi th WHEREAS, on July 25, 2011, by Resolution No.: 234,2011, the Queensbury Town Board authorized expenditure of $350,000 of funds held in Capital Reserve Fund No.: 64 for the purchase of materials and roof repairs at Queensbury Town Hall (Project), subject to a 30 day permissive referendum period, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and WHEREAS, by Resolution No.: 234,2011, the Town Board authorized an advertisement for bids for the Project in accordance with bid documents and specifications prepared by Vision Engineering, LLC and on file with the Town’s Purchasing Agent, and following such advertisement th and receipt of bids, all received bids were opened and reviewed on September 29, 2011, and WHEREAS, the Purchasing Agent, Facilities Manager and Vision Engineering have recommended that the Town Board award the bid to the lowest, responsible bidder, Monahan & Loughlin, Inc., for an amount not to exceed $408,777, and REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 880 WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and WHEREAS, the Facilities Manager has advised the Town Board that there are times when Change Orders may become necessary for such Contract and he therefore has requested that the Town Board authorize him to approve and sign certain Change Orders, up to a 3% contingency, or in the total amount not exceeding $12,263, for which the Facilities Manager and Town Engineer concur deem necessary and/or appropriate, and WHEREAS, Vision Engineering has requested Town Board authorization to expend an additional $28,960 for additional engineering costs, such funds currently held in Capital Reserve Fund No.: 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the “Town Hall Roof Repairs Capital Project Fund #188,” which Fund will establish funding for expenses associated with the purchase of materials and repair of the Queensbury Town Hall Roof (Project), and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Project from the lowest, responsible bidder, Monahan & Loughlin, Inc., for an amount not to exceed $408,777, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Facilities Manager to approve and sign Change Orders pertaining to the Contract up to a 3% contingency, or in the total amount not exceeding $12,263, for which the Facilities Manager and Town Engineer concur deem necessary and/or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board authorizes an additional expenditure of $28,960 for additional engineering costs, such funds currently held in Capital Reserve Fund No.: 64, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 881 RESOLVED, that the Town Board further authorizes an additional expenditure of $100,000 currently held in Capital Reserve Fund No.: 64 for a revised total expenditure from Capital Reserve Fund No.: 64 to be $450,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #188 in the amount of $450,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish accounts for such appropriations and revenues as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Facilities Manager and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with General Municipal Law §6-c(8) and shall not take effect until such time as provided, and the Town Clerk is hereby authorized and directed to post and publish the notice required for Resolutions subject to permissive referendum. rd Duly adopted this 3 day of October, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 882 3.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) PLINEY TUCKER- Spoke to Supervisor Stec regarding County matters. 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MELLON- ? 2010 Independent Auditor’s Report on Financial Statements is on file in the Town Clerk’s Office ? 2012 Tentative Budget has been submitted to all Town Board Members and is on file in the Town Clerk’s Office 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- Reviewed the annual fall pick-up schedule. Fall pick-up is limited to leaves, grass clippings, and pine needles only. Reminder: no brush in fall pick-up. WARD 4 October 31st - November 4th th WARD 3 November 7 – November 11th thth WARD 1 & 2 November 14 – November 18 COUNCILMAN STROUGH- ? Reviewed the Queensbury Senior Citizens monthly post. There are a lot of activities for seniors. Anyone fifty-five or older interested in becoming a member should call 761- 8224. ? Reviewed the Fire Marshal’s activity report for August. ? Spoke regarding the recent newsletter he received from the Fund for Lake George. COUNCILMAN MONTESI- Received the Town’s audit and I’m happy to report that we received a clean bill of health COUNCILMAN METIVIER- Nothing to report SUPERVISOR STEC- ? Announced the winners of the Beautification Awards. Winners are as follows: COMMERCIAL WINNERS: 1.Binley Florist- 773 Quaker Road- Walter Hirch 2.Meadowbrook Plaza- 323 Quaker Road- Dan Valente 3.Glens Falls Country Club- 221 Round Pond Road RESIDENTIAL WINNERS: WARD 1 1.John & Sandra Koskinas- 774 Ridge Road 2.Brian Giblin & Natalie Morrison- 1114 Ridge Road WARD 2 1. Antonio Fusco- 62 Country Club 2. Robert George- 7 Glenwood Avenue WARD 3 1.Richard & Amanda Simmes- 129 Farr Lane 2.Christopher C. Fezza- 280 Aviation Road WARD 4 1.James & Mary Jo Whitaker- 7 Whispering Way 2.Daniel & Carolyn Green- 131 West Mountain Road REGULAR TOWN BOARD MEETING 10-03-2011 MTG #27 883 ? Thanked Barbara Tierney and all department heads for all their hard work during the preparation of the 2012 Tentative Budget. ? Thanked Look TV and our sponsors for televising these meetings. ? Reviewed the Town’s website, www.queensbury.net . There is a lot of good information available here. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 310, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 3rd day of October, 2011, 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