2011-11-21 MTG #30
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 939
TOWN BOARD MEETING MTG. # 30
November 21, 2011 RES. 334-347
7:00 PM BOH 37-40
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PRESS
POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
SUPERVISOR STEC OPENED MEETING
1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 334, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED
, that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
Duly adopted this 21 day of November, 2011 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN
AUGSTELL AND JAMES AUGSTELL
NOTICE SHOWN
PUBLICATION DATE: November 11, 2011
SUPERVISOR STEC- This is to allow the installation of a new thirty five hundred gallon
replacement holding tank system serving cottages with one bedroom and two bedrooms
respectively and their seeking for three additional variances from Chapter 136. First, this
placement of holding tanks one foot from the south property line in lieu of 10 feet, placement of
sewer lines one foot from the cottages in lieu of 10 feet and installation for fill for the holding
tanks with less than 50 foot radius such relief to be from Chapter 136 11-D-18, which restricts
mounding over holding tanks. The property is located at 38 Dean Road in Queensbury. With that
said I will open the public hearing and I guess Mr. Center you’re the applicant’s agent?
TOM CENTER, NACE ENGINEERING- Yes
SUPERVISOR STEC- Good evening
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 940
MR. CENTER- Good evening; Tom Center, Nace Engineering. As Mr. Stec said we’re looking
to install a new holding tank system for a total of three bedrooms; there’s a one bedroom cottage
cabin on the top and a two bedroom cottage on the lower portion. We are going to install a sewer
ejector pump down for the lower two bedroom pump up to the hold tank system. We’ve asked
that it be open ended whether or not, we’re not sure depending on rock, whether or not we’re
going to run gravity or have to pump from the upper cabin to the holding tanks also. We have
quite a bit of bedrock that we’re dealing with that’s why we’ve also asked for the option to place
fill over the tanks. If we can get these down into the ground as deep as they need to be we will
not be placing any fill over the top of them; but we know we have rock that’s going up as you go
towards the north property line. So, that’s why we’ve asked for that variance. We’ve done a few
test pits, we didn’t get into the existing system so we don’t know exactly what we’re going to
find when we get there but we know we have at least four and a half feet of cover
COUNCILMAN MONTESI- Can’t be good
MR. CENTER- Yea, we’ve got a lot of rock
COUNCILMAN MONTESI- Tom, I have a question for you, why are we looking at this? When
I went out to look at this property I passed a sign that said you are entering Washington County.
Are you sure this is in Queensbury?
MR. CENTER- This is in Queensbury
COUNCILMAN MONTESI- Ok
SUPERVISOR STEC- The road curves back in. Dean Road is in Queensbury
COUNCILMAN STROUGH- Yea, I see that you’re digging around the area in back of that two
bedroom cabin where it says porch, holes are dug back there I see plywood over it.
MR. CENTER- That’s where the existing system is now, which may be a metal tank that’s rotted
out or a seepage pit. We don’t know the exact extent of it. It’s an older facility
COUNCILMAN STROUGH- Then there was a pole over on the north side with some heating
tape
MR. CENTER- Yes, that’s that existing, there’s an existing seepage pit that’s down there. That’s
where we are going to actually put the ejector pump in to pump up to the holding tanks
COUNCILMAN STROUGH- Okay
MR. CENTER- So we’re removing something that’s very close to the lake that’s probably right
on top of bedrock, and we’re encasing that, we’re going to put concrete on the bottom of that, put
the plastic pumps station in right there. This will have several connections to solenoid valves in
case there are any issues with the pump system it will shut off the water to the
SUPERVISOR STEC- So there will be shut offs and alarms
MR. CENTER- Yes, shut offs and alarms. I’ve been going through it with the installer at length,
trying to figure out how to do this
COUNCILMAN BREWER- What happens in case of a power outage? It shuts down
MR. CENTER- It’s going to shut the water off as well as the pump station
COUNCILMAN BREWER- Okay
MR. CENTER- So, both of them cannot be used until the power comes back on or they are
connected to power
COUNCILMAN MONTESI- Tom, how wide is this lot?
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 941
MR. CENTER- It’s about 30 feet I believe
COUNCILMAN BREWER- 29.96
MR. CENTER- That’s down to the lake side and it’s about 30 feet on the top side, 30.36 at Dean
Road
SUPERVISOR STEC- All right the public hearing is open if there is any members of the public
that would like comment on this public hearing I just ask that you raise your hand and I will call
on folks one at a time. Just state your name and address into the microphone, these microphones
not only amplify but they record. Is there’s any members of the public that would like to
comment? Any other discussion by Town Board Members?
COUNCILMAN STROUGH- No, they can’t get this in fast enough
SUPERVISOR STEC- All right. If there is no comment from the public I will close the public
hearing and I will entertain a motion from the Board
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCES FOR JOHN AUGSTELL AND JAMES AUGSTELL
RESOLUTION NO.: BOH 37, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, John Augstell and James Augstell filed an application to the Local Board of
Health for variances from provisions of the Town of Queensbury On-Site Sewage Disposal
Ordinance, Chapter 136, to allow installation of a new 3,500 gallon replacement holding tank
system serving cottages with one bedroom and two bedrooms respectively, and
WHEREAS, the applicants also applied for three (3) additional variances from Chapter 136
to allow:
1.placement of the holding tanks one foot (1’) from the south property line in lieu of
the required ten feet (10’) setback;
2.placement of the sewer lines one foot (1’) from the cottages line in lieu of the
required ten feet (10’) setback; and
3.installation of fill for the holding tanks with less than a 50’ radius, such relief to be
from §136-11B-18 which restricts mounding over holding tanks;
on property located at 38 Bean Road in the Town of Queensbury, New York, and
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 942
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the
st
variance requests on Monday, November 21, 2011, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1.due to the nature of the variances, it is felt that the variances would not be materially
detrimental to the purposes and objectives of this Ordinance or other adjoining
properties nor otherwise conflict with the purpose and objectives of any Town plan or
policy; and
2.the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and is the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of John
Augstell and James Augstell for a variance from the Sewage Disposal Ordinance to allow
installation of a 3,500 gallon replacement holding tank system and three (3) additional variances to
allow:
1.placement of the holding tanks one foot (1’) from the south property line in lieu of
the required ten feet (10’) setback;
2.placement of the sewer lines one foot (1’) from the cottages line in lieu of the
required ten feet (10’) setback; and
3.installation of fill for the holding tanks with less than a 50’ radius, such relief to be
from §136-11B-18 which restricts mounding over holding tanks;
on property located at 38 Bean Road in the Town of Queensbury, New York and bearing Tax Map
No.: 227.10-1-20.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 943
ABSENT: None
PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF
DONALD MARSHALL
NOTICE SHOWN
PUBLICAITON DATE: November 11, 2011
SUPERVISOR STEC- This is for property located at 101 Fitzgerald Road Extension in
Queensbury and let me see here, all property owners have been notified within 500 feet. The
variance that’s being sought is to install holding tanks beneath the parking area due to steep
slopes and the lack of available space for conventional system. So, that’s what their seeking from
the Town is a variance for that. I will open the public hearing and gentlemen if you would like to
introduce yourselves please
TOM HUTCHINS, HUTCHINS ENGINEERING- Good evening I’m Tom Hutchins, Hutchins
Engineering; with me is Mr. Marshall, property owner. He has owned this property since the mid
1960’s, this is similar to the last application this is a pump up to a holding tank setup. This lot is
just over 6000 square feet in total size and much of that area is very deep. This is really the only
reasonable option for a compliant wastewater system on this part of …. There is a wastewater
system in place that is not in failure, however it’s somewhat of a mystery and it’s rather close to
the lake and this will help us improve that
SUPERVISOR STEC- What’s the distance that the holding tanks will be from the lake?
MR. HUTCHINS- They will be 55 feet
SUPERVISOR STEC- And we always ask the question, but the holding tank design is such that
there are alarms and shut offs associated with levels
MR. HUTCHINS- There are alarms and water system shut off’s, yes. Usually there is a contact
closure on the panel that the pump power is run through
SUPERVISOR STEC- Right. Questions from Board Members? John
COUNCILMAN STROUGH- This is right at the end of Fitzgerald Road
MR. HUTCHINS- Correct
COUNCILMAN STROUGH- Who owns the big three car garage right at the end of the road?
There’s no house that seems to be associated with it or anything
MR. HUTCHINS- That’s the neighbor’s garage, that parcel that wraps
COUNCILMAN STROUGH- Oh, okay and theirs is enveloped by that
MR. HUTCHINS- Yes
COUNCILMAN MONTESI- My only question, this is terrific for the health of the lake, but I
question when I drove there, I just questioned how a septic truck will get in there and get out. I
don’t think you can turn around
DONALD MARSHALL- They’ve been there
COUNCILMAN MONTESI- Have they, okay that’s all I need to know
MR. HUTCHINS- They’ve been there and I’ve been there in the last month with an installer
COUNCILMAN STROUGH- Chances are that they will have to do what I did, go up near that
three car garage I talked about and do a three-point turn there
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 944
MR. HUTCHINS- And that’s what you have to do
COUNCILMAN MONTESI- Yea
MR. MARSHALL- They back out sometimes
COUNCILMAN STROUGH- And that’s all public road up to that garage
MR. HUTCHINS- That is private road
COUNCILMAN STROUGH- But they have an easement, right of way
MR. HUTCHINS- Yes, they have right of way
COUNCILMAN STROUGH- Yea, so when guests come that’s where they park I suppose, up
there. Now who owns the particle wood shed, tool shed, is that theirs?
MR. HUTCHINS- That’s the Marshall’s yes
COUNCILMAN STROUGH- No, this is easy to convince me that a holding tank is the only
thing here, that you could possibly do and it will be better than what’s there, looking at the
steepness of the slope and the proximity it’s got to be better
SUPERVISOR STEC- All right, the public hearing is open if there is any members of the public
that would like to comment on this public hearing, again I just ask that folks raise their hand I
will call on people
COUNCILMAN MONTESI- Mr. Hutchins one of the questions that I have and this is just in
general. We sit here, we go out as Town Board Members and as the Department of Health and
look at these sites and make a decision that obviously this is a much better scenario than a septic
system that might be failing is but how often, I mean is this going to be a seasonal home and how
often does the owner have to pump this?
MR. HUTCHINS- This is a seasonal home and it will be most likely be two to three times a year
COUNCILMAN MONESI- Okay, I’m just trying to get a feel of how expensive it is to because
the alarm is going to shut it off so you’ve got to
COUNCILMAN STROUGH- Well, it’s probably a couple of hundred dollars every time they
come. A new septic system would cost what probably $12,000 so that’s a lot of years of
COUNCILMAN METIVIER- What does something like this cost versus a septic system?
MR. HUTCHINS- In a situation where we have to go to holding tanks it’s generally much less
expensive than any septic system you could dream up would be. These aren’t cheap, they’re big
tanks, they’re traffic rate tanks, they’re heavy tanks, there’s pumping involved. I mean this isn’t
an inexpensive alternative but it’s really the only
COUNCILMAN BREWER- Pretty much the only alternative
SUPERVISOR STEC- All right, any public comment? Seeing none I will close this public
hearing and I’ll entertain a motion from the Board
RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL
VARIANCE FOR DONALD MARSHALL
RESOLUTION NO.: BOH 38, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 945
SECONDED BY: Mr. Tim Brewer
WHEREAS, Donald Marshall filed an application to the Local Board of Health for a
variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter
136, to allow installation of holding tanks beneath the parking area due to steep slopes and lack of
available space for a conventional system on property located at 101 Fitzgerald Road Ext., in the
Town of Queensbury, New York, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the
st
variance request on Monday, November 21, 2011, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1.due to the nature of the variance, it is felt that the variance would not be materially
detrimental to the purposes and objectives of this Ordinance or other adjoining
properties nor otherwise conflict with the purpose and objectives of any Town plan or
policy; and
2.the Local Board of Health finds that the granting of the variance is necessary for the
reasonable use of the land and is the minimum variance which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Donald
Marshall for a variance from the Sewage Disposal Ordinance to allow installation of holding tanks
beneath the parking area due to steep slopes and lack of available space for a conventional system
on property located at 101 Fitzgerald Road Ext., in the Town of Queensbury, New York and bearing
Tax Map No.: 289.14-1-28.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 946
ABSENT: None
SUPERVISOR STEC- All right, now we just need to set one public hearing.
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF ANGELO AND RITA MOLINARO
RESOLUTION NO.: BOH 39, 2011
INTRODUCED BY: Mr. Tim Brewer
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, Angelo and Rita Molinaro have applied to the Local Board of Health for
variances from Chapter 136 to: 1) allow a septic tank to be placed 36’ from the well in lieu of the
required 50’ setback; and 2) install a 500 gallon tank in lieu of the required 1,000 gallon tank in
accordance with 75A.6 Table 3 of the New York State Department of Health Appendix 75A
Wastewater Treatment Standards, on property located at 24 Sunset Lane in the Town of
Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
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hearing on Monday, December 5, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Angelo and Rita Molino’s sewage disposal variance application
concerning property located at 24 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-
1-7) 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.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 947
NOES: None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 40, 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 21st day of November, 2011 by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING
2.0 PUBLIC HEARINGS
SUPERVISOR STEC- We do have one public hearing tonight and I’ll let Rose read the public
hearing in. We won’t be taking action on this tonight; this hasn’t been reviewed by the Warren
County Planning Board yet, not anticipating any problems but just from a process perspective it
needs to go through their process. What we’ll do is we will conduct the public hearing, take any
comment there may be, we will leave the public hearing open and we will revisit this probably
visit this at our second meeting in December; that is when we’ll have what we need to have from
Warren County and then at that point we’ll conclude the public hearing and perhaps take action
that evening. So, there won’t be action on it tonight.
AMENDING ZONING LAW TO CHANGE CLASSIFICATION OF PROPERTIES
OWNED BY GARY AND SUSAN HIGLEY AND CHARLES AND BARBARA SEELEY
FROM MODERATE DENSITY RESIDENTIAL (MDR) TO COMMERCIAL
INTENSIVE (CI) AND ENACTING LOCAL LAW NO.___ OF 2011 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
NOTICE SHOWN
DATE OF PUBLICATION: November 10, 2011
NO PUBLIC COMMENT- NO ACTION TAKEN
3.0 RESOLUTIONS
RESOLUTION APPOINTING JUDITH GORALSKI TO
TOWN OF QUEENSBURY RECREATION COMMISSION
RESOLUTION NO.: 335, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 948
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury previously established the Town of Queensbury
Recreation Commission in accordance with applicable New York State law, and
WHEREAS, a vacancy exists on the Recreation Commission due to the resignation of
former member Doug Irish, and
WHEREAS, the Town Board interviewed candidates and wishes to appoint Judith Goralski
to the Recreation Commission,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Judith Goralski to the
Town of Queensbury Recreation Commission, to fill the unexpired term of Doug Irish, such term to
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expire on December 31, 2012.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. __ OF 2011 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF
SEWER RENTS" TO INCREASE ANNUAL CHARGES FOR ALL TOWN
OF QUEENSBURY SANITARY SEWER DISTRICTS
RESOLUTION NO.: 336, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
__ of 2011 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment
of Sewer Rents," which Local Law would modify the quarterly sewer rent rates in all Town of
Queensbury Sanitary Sewer Districts, with the new rates to be applied to the first quarterly bill of
2012,and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 949
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this
Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
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Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 5,
2011 to hear all interested persons and take any necessary action provided by law concerning
proposed Local Law No.: ___ of 2011, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: __ of
2011 in the manner provided by law.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF BOLLAM, SHEEDY,
TORANI & CO., LLP, CPA’S TO AUDIT STATEMENTS OF CASH
RECEIPTS AND DISBURSEMENTS FOR FISCAL YEARS ENDING
ST
DECEMBER 31, 2011, 2012, 2013, 2014 AND 2015
RESOLUTION NO.: 337, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury’s Budget Officer requested quotes for professional
auditing services for the years ending 2011 - 2015, and
WHEREAS, the Purchasing Agent received, evaluated and ranked the two (2) received
proposals and the Town Budget Officer and Purchasing Agent have recommended that the Town
Board accept the proposal of Bollam, Sheedy, Torani & Co., LLP, CPA’s (BST), as BST
submitted the lowest proposal,
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 950
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Bollam,
Sheedy, Torani & Co., LLP, CPA’s (BST) to provide cash receipts and disbursement auditing
services to the Town of Queensbury for the years ending December 31, 2011, 2012, 2013, 2014 and
2015 at a cost, per year, of:
?
Up to $25,300 – 2011
?
Up to $26,100 – 2012
?
Up to $26,950 – 2013
?
Up to $27,800 – 2014
?
Up to $29,650 - 2015
to be paid for from the appropriate account(s) as will be determined by the Town Budget Officer,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town
Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS
TO AMEDORE LAND DEVELOPERS, LLC IN CONNECTION WITH
DEDICATION OF BEEKMAN PLACE, BOGART COURT AND
POLLAZZO COURT IN HAVILAND ROAD SUBDIVISION
RESOLUTION NO.: 338, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by Resolution No.: 280,2007 the Queensbury Town Board authorized the
dedication of Beekman Place, Bogart Court and Pollazzo Court (roads) in the Haviland Road
Subdivision and at the time of dedication, Amedore Land Developers, LLC provided the Town with
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 951
a $46,000 cash escrow to ensure completion of the roads, such sum to be held in escrow in
accordance with the terms of an Escrow Agreement, and
WHEREAS, as required by the Escrow Agreement, the Town deposited the $46,000 in an
interest bearing account, and
WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the
roads have been completed to the Highway Superintendent’s satisfaction in accordance with the
Escrow Agreement, and therefore has requested that the monies held by the Town be released, and
WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently
held in escrow to the Developer as required by the Escrow Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow
funds to Amedore Land Developers, LLC in connection with the dedication of Beekman Place,
Bogart Court and Pollazzo Court (roads) in the Haviland Road Subdivision, which sum shall be
the amount of $46,000 plus any earned interest, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to take such other and further action necessary to effectuate the terms of this Resolution.
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Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING PROMOTION OF KEVIN MULCAHY
FROM WATER MAINTENANCE WORKER II
TO WATER MAINTENANCE WORKER I
RESOLUTION NO.: 339, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 952
WHEREAS, the Town of Queensbury’s Water Superintendent has recommended that the
Town Board authorize the promotion of Kevin Mulcahy from Water Maintenance Worker II to
Water Maintenance Worker I at the Town’s Water Department, and
WHEREAS, the Water Superintendent has advised that Mr. Mulcahy has passed the “in-
house” written and oral test for the position and has demonstrated capability in all Water
Department equipment, and
WHEREAS, the Town Board wishes to authorize the requested promotion,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion
of Kevin Mulcahy from Water Maintenance Worker II to Water Maintenance Worker I at the Town
nd
Water Department effective on or about November 22, 2011 at the rate of pay specified in the
Town’s CSEA Union Agreement for the position for the year 2011, and
BE IT FURTHER,
RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion
shall be subject to a 90 day trial (probationary) period, 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 and take any action
necessary to effectuate the terms of this Resolution.
st
Duly adopted this 21 day of November, 2011 by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING 2012 RENEWAL CONTRACTS FOR
EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH
EMPIRE BLUE CROSS BLUE SHIELD AND DELTA DENTAL
RESOLUTION NO.: 340, 2011
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 953
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury previously entered into agreements for employee
group health insurance plans with Empire Blue Cross Blue Shield and for employee dental
insurance with Delta Dental, and
WHEREAS, the Town Board, in conjunction with Capital Financial Group, has
negotiated renewal contracts for the year 2012 with Empire Blue Cross Blue Shield and Delta
Dental,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal
contracts for the year 2012 with Empire Blue Cross Blue Shield and Delta Dental with the 2012
monthly premiums to be as follows:
TWO MEDICARE MEDICARE MEDICARE
INDIVIDUAL PERSON FAMILY INDIVIDUAL 2-PERSON FAMILY
PPO 649.28 1893.10 1896.68 596.41 1188.63 1845.44
EPO 598.60 1745.04 1748.62 549.85 1095.48 1701.44
DENTAL 32.84 79.20
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute future renewal contracts with Empire Blue Cross Blue Shield and/or Delta Dental
without the need for additional Town Board Resolution provided that such contracts do not
provide for any changes to the percentage of employee contributions toward monthly premiums
and/or copays, and
BE IT FURTHER,
RESOLVED, that in the event that surcharges or fees are mandated or imposed on the
Town’s health insurance policies that are beyond the Town’s control, resulting rate changes may
be passed on to all employees without further Town Board Resolution, although the Town will
provide notice of any such rate changes to all employees and retirees, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 954
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to
take such other and further action necessary to effectuate the terms of this Resolution.
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASE
COMMENCED BY WILLIAM WHITE AND LISAMARIE WHITE
RESOLUTION NO.: 341, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, William White and Lisamarie White (Petitioners) previously commenced an
Article 7 Real Property Assessment Review case against the Town of Queensbury concerning
their residential property at 63 Masters Common North in Queensbury, more specifically
identified as Tax Map No.: 290.13.-1-9 (the Property) for the year 2008, and
WHEREAS, the parties have had discussions regarding the settlement of these cases, and
the Town Assessor has recommended a settlement proposal to the Town Board, and the Town
Board has reviewed the case with Town Counsel, and
WHEREAS, it is anticipated that the Queensbury Union Free School District will
approve the proposed settlement,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 955
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the
pending Article 7 assessment case brought against the Town of Queensbury by William White and
Lisamarie White in 2008 as follows:
1.The assessed value of the Property on the Town of Queensbury’s final assessment
roll for 2008 shall be reduced from $429,700 to $379,700; and
2.The assessed value of the Property on the Town of Queensbury’s final assessment
roll for 2009 shall remain unchanged at $429,700; and
3.The assessed value of said Property on the Town of Queensbury’s final
assessment roll for 2010 shall remain unchanged at $379,700; and
4.The assessed value of said Property on the Town of Queensbury’s final
assessment rolls for 2011 shall remain unchanged at $351,400; and
5.The assessed value of said Property on the Town of Queensbury’s final
assessment roll for 2012 shall be $351,400, if no improvements are made to the Property before
March 1, 2012; and
BE IT FURTHER,
st
RESOLVED, if any improvements are made to the Property before March 1, 2012, the
Assessor shall be authorized to increase the assessment accordingly, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds,
with interest if ordered by the Court, within sixty (60) days after service upon the Warren County
Treasurer of the Order approving settlement with Notice of Entry, 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.
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 956
ABSENT: None
RESOLUTION AWARDING BID FOR SENIOR CITIZENS
TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC. -
COMMUNITY ACTION AGENCY
RESOLUTION NO.: 342, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury duly advertised for bids for the Transportation
Services for the Queensbury Senior Citizens for the year 2012, and
WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has
offered to provide such Transportation Services for the amount of $22,000, and
WHEREAS, the Town’s Purchasing Agent and Town Clerk have recommended that the
Town Board award the bid to the Warren-Hamilton Counties ACEO, Inc. - Community Action
Agency, the only and therefore lowest, responsible bidder,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the contract for the
Transportation Services for the Queensbury Senior Citizens for the year 2012 to the Warren-
Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of $22,000 to be paid
from the appropriate account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Budget Officer, Accountant and/or Purchasing Agent to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 957
RESOLUTION NO.: 343, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Adirondack Runners has requested authorization from the Queensbury
Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows:
SPONSOR : Adirondack Runners
EVENT : 5k Road Race/Walk
rd
DATE : Saturday, December 3, 2010
TIME : 9:00 a.m.
PLACE : Beginning and ending at Adirondack Community College
(Email Letter delineating course is attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Adirondack Runners
Club to conduct a 5k Road Race/Walk within the Town of Queensbury to benefit Camp Comfort on
rd
Saturday, December 3, 2011 subject to the Town’s receipt of proof of insurance from the
Adirondack Runners, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to the Town Highway
Superintendent’s approval of the race, which approval may be revoked due to concern for road
conditions at any time up to the date and time of the event.
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2011 BUDGET
RESOLUTION NO.: 344, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 958
SECONDED BY: Mr. John Strough
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 $
001-3620-4090 Training 001-3410-4110 Vehicle Repair 117
001-3620-4090 Training 001-3410-4410 Fuel 261
001-3620-4090 Training 001-3410-4090 Training 100
001-9060-8060 Health Insurance 001-3620-4400 Misc Equipment 7,500
001-9060-8060 Health Insurance 001-7110-4400 Misc. Contractual 8,200
001-7110-1010 Rec Wages 001-7110-4400 Misc. Contractual 1,500
001-7110-1010 Rec Wages 001-7110-4418 Bus Transportation 500
001-7110-1010 Rec Wages 001-7110-4824 Rec Programs 3,500
004-5110-4620 Paving Materials 004-5140-4009 Tree Removal 12,000
031-8120-4400 Misc. Contractual 031-8130-4521 Sewage Treatment 200
031-8130-2899 Capital Construction 031-8130-4521 Sewage Treatment 500
134-1990-4417 Contingency 134-9730-7030 BAN Interest 7,540
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE VEHICLES AND EQUIPMENT
RESOLUTION NO.: 345, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town
Board may authorize the sale of items which are no longer needed by the Town or obsolete, and
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 959
WHEREAS, the Town’s Highway Superintendent has declared certain vehicles and
equipment as surplus, as follows:
Item Description Asset Tag No. Serial No.
1990 Chevrolet 1-Ton Truck 2913 1GBHC34K6LE209035
1990 International Dump Truck 2619 1HTGBZ3R8LH244981
1987 Ford LTS 9000 Truck 1605 1FDZY90X3HV153982
1990 International Dump Truck 2618 1HTGBZ3R6LH244980
2-Van Awnings, 15’ x 8’ each, from used truck purchase (Asset No. 8954)
and
WHEREAS, the Highway Superintendent advised Town Departments of the surplus
vehicles and equipment and received no requests from the Departments for the surplus vehicles and
equipment and therefore has requested Town Board authorization to sell the surplus vehicles and
equipment by using auction company GovDeals to dispose of such surplus,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the sale of the Town
Highway Superintendent’s vehicles and equipment that are no longer needed by the Town or
obsolete, as follows:
Item Description Asset Tag No. Serial No.
1990 Chevrolet 1-Ton Truck 2913 1GBHC34K6LE209035
1990 International Dump Truck 2619 1HTGBZ3R8LH244981
1987 Ford LTS 9000 Truck 1605 1FDZY90X3HV153982
1990 International Dump Truck 2618 1HTGBZ3R6LH244980
2-Van Awnings, 15’ x 8’ each, from used truck purchase (Asset No. 8954)
and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the
services of auction company, GovDeals, to sell/dispose of the surplus vehicles and equipment and
authorizes and directs the Town Supervisor to execute any needed Agreement with such company
in form acceptable to the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town
Counsel, and
BE IT FURTHER,
RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate
revenue accounts in accordance with the Queensbury Town Code and Laws of the State of New
York, and
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 960
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Purchasing Agent, Town Highway Superintendent and/or Town Counsel to
take such further action as may be necessary to effectuate the terms of this Resolution.
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
ND
WARRANT OF NOVEMBER 22, 2011
RESOLUTION NO.: 346, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
thnd
Warrant with a run date of November 17, 2011 and a payment date of November 22, 2011,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
thnd
date of November 17 and a payment date of November 22, 2011 totaling $516,738.43, 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.
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 961
st
Duly adopted this 21 day of November, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
4.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES)
JOHN SALVADOR-
?
Spoke to the Board regarding a rescue squad contract with the Town of Fort Ann
now that there is a new Supervisor. Councilman Metivier explained that he and
Councilman Brewer will be working on that budget and will make sure that that
issue gets addressed.
?
Spoke regarding the Crandall Library budget
?
Recently submitted a letter regarding the Highway Superintendent undertaking
improvements of Dunham Bay Road. There is a lot of work to be done with
regards to storm water issues.
5.0 CORRESPONDENCE
DEPUTY TOWN CLERK, MELLON- The following letter was submitted and read into
the record:
Dear Dan and Mike Travis,
Just a quick note regarding the drainage project on Lester Drive/Applehouse Lane
Queensbury.
Chuck Garb and his crew did a super job from start to finish- they acted professionally
and courteously. Our questions were answered and our concerns addressed. At project
completion, the property appearance was much improved. We’ve since sold our house
and finally made the move to Lake George, so we won’t be there to realize any results to
the drainage. I think the project was a positive factor in selling our home.
Thanks to all those who helped facilitate the job and thanks to chuck and his crew for a
job well done! Please pass our appreciation to those involved.
Sincerely,
Joe & Suki Seybolt
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER- Wished everyone a safe and Happy Thanksgiving
COUNCILMAN STROUGH- Also wished everyone a safe and Happy Thanksgiving
COUNCILMAN MONTESI-Will be spending Thanksgiving with this son and four
grandchildren working at the Christ/Methodist Church on Bay and Washington Street for the
Hometown dinner.
COUNCILMAN METIVIER-
?
Spoke of Lawrence Millington, Jr. who has recently passed away. He was the known as
the “bottle man”, often seen around Glens Falls and Queensbury collecting bottles. Over
the years he had collected approximately 3.8 million bottles and made roughly $190,000.
?
Spoke regarding Queensbury possibly spearheading blue laws in which retail stores
cannot be opened on Thanksgiving, allowing employees to be with family.
REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 962
SUPERVISOR STEC-
?
Wished everyone a Happy Thanksgiving
?
Congratulated Board Members on their re-election and looks forward to working with
everyone again
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 347, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 21st day of November, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury