2011-12-05 MTG#31 REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 963
REGULAR TOWN BOARD MEETING MTG#31
DECEMBER 5T", 2011 RES# 347-355
7:00 P.M. B.H. 41-42
L.L.# 6
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
DIRECTOR OF WASTEWATER, MIKE SHAW
PRESS
LOOK TV, POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
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 from
Regular Session and moves into the Queensbury Board of Health.
Duly adopted this 5t" day of December, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT-None
PUBLIC HEARING — ON SEWAGE DISPOSAL VARIANCE APPLICATION OF
ANGELO AND RITA MOLINARO
PUBLICATION DATE: NOVEMBER 25, 2011
AGENT MR. PETER BARRY
SUPERVISOR STEC-What they are seeking is to allow a septic tank to be placed thirty
six feet from the well in lieu of a fifty foot. To install a five hundred gallon tank in lieu of
the thousand gallon tank in accordance with Chapter 75A.6 Table 3 of Department of
Health Appendix 75A, Wastewater Treatment Standards. The property is located at 24
Sunset Lane in the Town of Queensbury. With that said I will open the public hearing if
there is any member of the public or actually if Mr. and Mrs. Molinaro or their agent is
here to add on or expand on what I said.
PUBLIC HEARING OPENED
MR. BARRY-My name is Peter Barry agent for the Molinaro's.
SUPERVISOR STEC-Do you have anything that you want to add or point out as far as I
read the meat and potatoes of what the variance application is about.
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 964
MR. BARRY-The only thing that I do want to mention is that I received this today from
Dave Hatin the letter with some deficiencies...
SUPERVISOR STEC-Okay.
MR. BARRY-They were pointed out after his inspection.
SUPERVISOR STEC-We got a copy of that tonight, too.
MR. BARRY-Some of those have already been addressed the gentlemen who did the
work they have been in contact with Mr. Hatin about what he did and didn't do. I am not
sure at what extent they have been addressed so far, but those are in the works to get
those resolved.
SUPERVISOR STEC-Okay.
COUNCILMAN MONTESI-How do we propose to have a public hearing if we don't
know if it is done or not?
MR. BARRY-I don't know what specifically, I know that the gentlemen who did the work
he was going down to North Carolina because there was an accident with one family
member so unfortunately he is not able to be here so he has been in communication
with Mr. Hatin by phone.
COUNCILMAN BREWER-Ron if we approve it we can predicate it on everything being
addressed.
SUPERVISOR STEC-It still has to be installed.
COUNCILMAN MONTESI-There are some serious issues here, too.
COUNCILMAN BREWER-I understand that.
COUNCILMAN MONTESI-Let me ask you a question, too one of the things that I
pointed out and so did John Strough, is the well used.
MR. BARRY-Is it used.
COUNCILMAN MONTESI-There is a well on the property and they are asking for a
variance from the fifty foot distance is it a well that is used?
MR. BARRY-I don't know the answer to that question.
COUNCILMAN MONTESI-It is important because I mean there is Shore Colony water
there, but we don't know whether they are hooked to Shore Colony I don't or whether
they are still using the well.
MR. BARRY-They haven't been there for about a month so I am not sure they are using
it they are not using at this time in general I don't know the answer to that I would have
to speak to the Molinaro's.
COUNCILMAN STROUGH-Is there any chance we can postpone this until the next
meeting until they can get some of these issues cleared up?
SUPERVISOR STEC-Certainly we can.
COUNCILMAN STROUGH-1 can't approve it because they got a well within a few feet of
the infiltration system, which is....
SUPERVISOR STEC-Certainly as a matter of process we can certainly conduct the
public hearing in case there is anybody that wants to comment tonight leave the public
hearing open then reconvene it at our next meeting in two weeks the nineteenth.
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 965
COUNCILMAN BREWER-We don't have to make a decision tonight.
COUNCILMAN STROUGH-They have already started installing this and we never
approved the tanks, yeah.
SUPERVISOR STEC-That is what this letter from Dave Hatin certainly points out.
MR. BARRY-They were under the assumption that it was damaged it was from the
storm from Hurricane Irene, which the tree fell on the roof they had to have that fixed it
actually went through the septic system also.
COUNCILMAN STROUGH-Overall, I think we can get this through at least this
particular Councilman and the questions that I have, but there are a couple of things.
You have to find out about that well, that well should not be used for human
consumption being that close to the infiltration bed. I would like to get confirmation on
that and that they do in fact have Shore Colony water and Dave Hatin's issues
addressed then if we can get this cleaned up a little bit by the nineteenth.
COUNCILMAN BREWER-We can find out from Bruce if they are on Shore Colony can't
we from our own records.
SUPERVISOR STEC-Yeah we can find out, but still we need to find out what the
disposition of that well is and whether or not it is being used. If it is being used to water
the lawn that's one thing, but if it is plumed into the house they are using off of that that
is something we certainly want to know.
COUNCILMAN BREWER-I would agree.
SUPERVISOR STEC-The public hearing is open if there are any members of the public
that would like to comment we would just ask that you raise your hand one at a time. I
will call on anybody that wants to speak tonight, but I think unless I am not hearing the
board correctly we are likely to leave the public hearing open this evening then revisit
this in two weeks assuming that we got an answer to Dave Hatin's letter and we know
the disposition of that well.
PUBLIC HEARING OPENED
DEPUTY CLERK O'BRIEN-I have two letters to read.
SUPERVISOR STEC-If you would like to read those two in please.
DEPUTY CLERK O'BRIEN-e-mail from Richard Diehl, 7 Chestnut Lane, Lake George,
NY.
I understand that the Molinaro's have partitioned for a variance for a newly installed
septic tank. I am an adjacent neighbor living on Chestnut Lane—I have no objection to
granting the variance.
E-mail from Stephanie Sherman – I write in support of the Molinaro's who are putting a
new septic tank on their property. I think the new tank is a big improvement and
because of the lot size, I think they are doing the best they can. It would be a hardship
for them, since they did all the right things when they built their log cabin nearly 50
years ago. I live directly next door to Angelo and Rita. Thank you for placing this e-mail
before the board next Monday.
SUPERVISOR STEC-Do you have anything to add? What we would like is two weeks
from tonight is our next Regular Town Board Meeting it would be first on the agenda
again I think we would like your written response to Dave Hatin's letter dated December
2nd and we would also like to know what is the disposition of that well that is on the
property. It is plumed into the house or it is for external use or is it in fact de-funked we
would like to know that.
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 966
COUNCILMAN BREWER-Dan, I have one question it says they are going to put a five
hundred gallon tank in, but on this plan that we've got it says six hundred gallon is it
five or six?
MR. BARRY-Five.
COUNCILMAN BREWER-It is five so this is just an error?
MR. BARRY-I believe it is a five hundred and that is according...
COUNCILMAN MONTESI-The original application is...
MR. BARRY-Yes five hundred.
COUNCILMAN MONTESI-It calls for six.
COUNCILMAN BREWER-Do they make a six hundred gallon tank?
MR. BARRY-I know it is a five hundred concrete and the aluminum is a two fifty tin.
SUPERVISOR STEC-The variance being sought is to install a five hundred gallon tank
so that is what we would be considering.
COUNCILMAN MONTESI-In lieu of a thousand.
SUPERVISOR STEC-In lieu of a thousand which is required. Hopefully we will get
those answers back to us sometime later this week or early next week, but we will leave
this public hearing opened and resume it on the nineteenth.
PUBLIC HEARING TO REMAIN OPENED
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF W. SHELDON AND KAREN HURST
RESOLUTION NO.: BOH 41,2011
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, W. Sheldon and Karen Hurst have applied to the Local Board of Health for a variance
from Chapter 136 to install a new well 75' from the existing dry wells in lieu of the required 150' setback on
property located at 9 Snug Harbor Lane in the Town of Queensbun,
NOW,THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on
Monday, December 19th, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun
to consider W. Sheldon and Karen Hurst's sewage disposal variance application concerning property located
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 967
at 9 Snug Harbor Lane in the Town of Queensbury(Tax Map No.: 290.E-1-26)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 cop` of the Notice to neighbors
located within 500 feet of the property as required by law.
Duly adopted this stn day of December,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
RESOLUTION BOH 41, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and
moves back into Regular Session.
Duly adopted this 5t" day of December, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT-None
2.0 PUBLIC HEARING
PUBLIC HEARING TO ENACT LOCAL LAW TO AMEND QUEENBURY TOWN
CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER
RENTS" TO INCREASE QUARTERLY CHARGES FOR TOWN OF QUEENSBURY
SANITARY SEWER DISTRICTS
PUBLICATION DATE: NOVEMBER 25, 2011
SUPERVISOR STEC-Anytime we want to adjust our sewer rents we need to conduct a
public hearing and Mike Shaw if you would like to come up and correct me if I misspeak.
Basically for a residential in the Queensbury Consolidated Sanitary Sewer District or
Central Queensbury Quaker Road and Hiland Park the residential properties for each
residential unit the increase will be from five dollars per thousand gallons of water
consumed it will be increase to five fifty. For non-residential the current rate is six fifty
and that will increase fifty cents to seven dollars per thousand gallons. Then for
Queensbury Tech Park likewise a fifty cent increase from five dollars to five fifty and
Pershing Ashley Coolidge also from five dollars to five fifty per thousand gallons. For
South Queensbury the same five dollars to five fifty and for Route 9 the same five
dollars to five fifty and West Queensbury it will be the same an increase from five dollars
to five fifty. What did you tell the board would be a typical annual increase or quarterly
increase that a residential user might see?
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 968
DIRECTOR OF WASTEWATER, MIKE SHAW-Typically we see something around
eight thousand gallons is a typical home user per quarter we are probably looking at
probably about a forty dollar raise per year based on those rates.
SUPERVISOR STEC-Forty dollars per year okay?
MR. SHAW-One thing you might want to note also too, is the residential rate within
Central Queensbury Consolidated Sewer District now we had a flat rate in there for
residential thirteen thousand at fifty eight dollars we are going to drop that and just
charge them as the rest of the districts are per thousand gallons.
SUPERVISOR STEC-Which is consistent with the other sewer districts in Town so now
they all will be treated consistently as far as how the billing is structured.
MR. SHAW-That is correct.
SUPERVISOR STEC-Okay. So, again you said the typical residential user will see an
increase of approximately forty dollars per year in their sewer bill.
MR. SHAW-Right.
SUPERVISOR STEC-The public hearing is open if there are any members of the public
that would like to comment on this public hearing I would just ask that you raise your
hands one at a time.
PUBLIC HEARING OPENED
NO PUBLIC COMMENT
SUPERVISOR STEC-Any discussions by board members alright I will close this public
hearing and entertain a motion.
PUBLIC HEARING CLOSED
RESOLUTION ENACTING PROPOSED LOCAL LAW NO. 6, OF 2011
TO AMEND QUEENSBURY TOWN CODE CHAPTER 136,
ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS"
TO INCREASE QUARTERLY CHARGES FOR
TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS
RESOLUTION NO.348,2011
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: 6, 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
WHEREAS,the Town Board duly held a public hearing on Monday, December nth, 2011 and heard
all interested persons,and
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 969
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.: 6, of 2011 to amend
Queensbury Town Code Chapter 136,Article XXIV entitled"Establishment of Sewer Rents," 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 Stn day of December,2011,by the following vote:
AYES : Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough
NOES : None
ABSENT: None
LOCAL LAW NO.: 6, OF 2011
A LOCAL LAW TO AMEND CHAPTER 136, ARTICLE XXIV
OF QUEENSBURY TOWN CODE ENTITLED
"ESTABLISHMENT OF SEWER RENTS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS.
SECTION 1. Queensbury Town Code Article XXIV, entitled "Establishment of Sewer Rates,"
Section 136-137 is herebv amended as follows:
§136-137. Charges established.
There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to
the real property within the limits of the following sewer districts as set forth below:
A. Charges pursuant to §136-135 hereof for the Queensbury Consolidated Sanitary
Sewer District (previously known as the Central Queensbury/Quaker Road and
Hiland Park Sewer Districts but such Districts were consolidated in September 2010
so it is now known as the Queensbury Consolidated Sanitary Sewer District):
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 970
(1) For residential properties: For each residential unit, $5.50 per thousand gallons
of water consumption as indicated by the current water meter readings, billed on
a quarterly basis.
(2) For nonresidential properties: $7.00 per thousand gallons of water consumption,
as indicated by the current water meter readings, billed on a quarterly basis.
B. Charges pursuant to §136-135 hereof for the Queensbury Technical Park Sewer
District:
(1) For all occupied properties: $5.50 per thousand gallons of water consumption, as
indicated by the current water meter readings, billed on a quarterly basis.
C. Charges pursuant to §136-135 hereof for the Pershing-Ashley-Coolidge Sewer District:
(1) For all occupied properties: $5.50 per thousand gallons of water consumption, as
indicated by the current water meter readings, billed on a quarterly basis.
D. Charges pursuant to §136-135 hereof for the South Queensbury-Queensbury Avenue
Sewer District:
(1) For all occupied properties and contracted customers to the South Queensbury-
Queensbury Avenue Sewer District: $5.50 per thousand gallons of water consumption, as
indicated by the current water meter readings, billed on a quarterly basis.
E. Charges pursuant to §13 6-13 5 hereof for the Route 9 Sewer District:
(1) For all occupied properties: $5.50 per thousand gallons of water consumption, as
indicated by the current water meter readings, billed on a quarterly basis.
F. Charges pursuant to §136-135 hereof for the West Queensbury Sanitary Sewer District:
(1) For all occupied properties: $5.50 per thousand gallons of water consumption, as
indicated by the current water meter readings, billed on a quarterly basis.
SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law
shall not invalidate any other clause, sentence,paragraph or part thereof.
SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with
any part of this Local Law are hereby repealed.
SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State.
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 971
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL
IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN
RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166
RESOLUTION NO.: 349,2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbun- Town Board previously established a Capital Improvement Plan
Reserve Fund 464 (Fund 464)for future Town project developments,and
WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the Rush
Pond Bicycle/Pedestrian Path Capital Project Fund 4166 to fund expenses associated with the Multi-Use
Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital Project Fund 4166 in
the amount of$76,663, and such funds were transferred into such Fund#166 from Capital Improvement Plan
Reserve Fund 464,and
WHEREAS, Resolution No. 178, 2007 also authorized engagement of the services of the Laberge
Group(Laberge)for design of the Project,and
WHEREAS, by Resolution No.: 202,2008, the Town Board authorized an increase in the Project
costs and supplemented Capital Project Fund 4166 in the amount of$20,000 to cover such increases as well
as future expenses and reimbursables,bringing the total for the Capital Project Fund#166 to$96,663,and
WHEREAS, by letter proposal dated November 7th, 2011, Laberge advised the Town Board that it
wishes to modify its existing agreement to deliver professional services by $3,700 due to the additional
wetland delineation now required,and
WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from
Fund 464 in the amount of$3,700 for the supplemental services,and
WHEREAS, in accordance with New York State General Municipal Law §6(c),the Town Board is
authorized to withdraw and expend funds from Fund 464 subject to permissive referendum,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes the November 7th, 2011 letter
proposal with the Laberge Group for additional professional services due to the additional
wetland delineation related to the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166
as set forth in the preambles of this Resolution and authorizes and directs the $3,700 increase in
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 972
the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and
BE IT FURTHER
RESOL LED, that the Town Board fin°ther authorizes and directs that fiarding for such
supplemental Project shall be by a transfer fi°om the Capital Reserve Fund #64 in the anioratt of
$3,700 to transfer to Rush Pond Bicycle Pedestrian Path Capital Project Fund#166, and
BE IT FURTHER-
RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget
Officer to take all action necessary to increase the following accounts for such appropriations and
revenues as necessary:
• Revenue Acct No. — 166-0000-55031 (Interfund Revenue) $3,700; and
• Expense Acct No. — 166-8020-2899 (Capital Construction) $3,700;
and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any
documentation necessary to establish such appropriations and estimated revenues, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, to sign the
November 71h, 2011 letter proposal with Laberge Group presented at this meeting, along with any other
needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all other
actions necessary to effectuate the terms of this Resolution, and
BE IT FURTHER
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to
publish and post such notices and take such other actions as may be required by law.
Duly adopted this stn day of December,2011,by the following vote:
AYES Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer
NOES None
ABSENT : None
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 973
RESOLUTION SETTING PUBLIC HEARING ON CHANGE OF ZONE FOR
PROPERTIES LOCATED ON RIVER STREET FROM
COMMERCIAL LIGHT INDUSTRIAL (CLI) TO HEAVY INDUSTRIAL
(HI) AND FROM NEIGHBORHOOD RESIDENTIAL (NR)
TO COMMERCIAL INTENSIVE (CI)
RESOLUTION NO.: 350,2011
INTRODUCED BY : Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is considering a revision to amend the
Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 303.20-2-
32, 37-42 and 304.17-1-1 & 19 along with portions of 303.20-2-12 and 303.20-2-50 (11
parcels) from Neighborhood Residential(NR) to Commercial Intensive (CI), and
WHEREAS, the portion of 303.20-2-12 to be changed is located northerly of River
Street and southerly of parcel 304.17-1-1 and the portions of 303.20-2-50 to be changed
are located easterly of Quaker Road and northerly of River Street, and
WHEREAS, parcels 303.19-1-48, 50 and 51 (3 parcels) are to be changed from
Commercial Light Industrial(CLI) to Heavy Industrial(HI), and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.. _ of
2011 to amend the official Town Zoning Map to reflect such proposed rezoning, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its
Ordinance and Map, it must hold a public hearing in accordance with the provisions of
Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning
Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on
Monday, December 19th , 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury to hear all interested parties concerning adoption of Local Law No..
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 974
of 2011 to amend the official Town of Queensbury Zoning Ordinance and Map
whereby properties bearing Tax Map No.'s. 303.20-2-32, 37-42 and 304.17-1-1 & 19
along with portions of 303.20-2-12 and 303.20-2-50 ( 11 parcels) would be rezoned from
Neighborhood Residential ( NR) to Commercial Intensive (CI); the portion of 303.20-2-12
to be changed is located northerly of River Street and southerly of parcel 304.17-1-1, the
portions of 303.20-2-50 to be changed are located easterly of Quaker Road and northerly
of River Street; and the parcels 303.19-1-48, 50 and 51 (3 parcels ) are to be changed
from Commercial Light Industrial(CLI) to Heavy Industrial (HI), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's
Office to provide 10 days notice of the public hearing by publishing a Notice of Public
Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin
board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk's Office with a list of all property
owners located within 500' of the area to be rezoned so that the Town Clerk's Office may
send the Notice of Public Hearing to those property owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further directs the Community Development
Department to forward the petition to the Warren County Planning Board for its review
and comment in accordance with New York State General Municipal Law §239-M, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's
Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of
Supervisors, Warren County Planning Board and other communities or agencies that it is
necessary to give written notice to in accordance with New York State Town Law §265,
the Town's Zoning Regulations and the Laws of the State of New York.
Duly adopted this 5 t" day of December, 2011, by the following vote:
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 975
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES None
ABSENT: None
RESOLUTION APPOINTING MARK DELONG AS PART-TIME
SCHOOL TRAFFIC OFFICER
RESOLUTION NO.351,2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, a part-time School Traffic Officer(Crossing Guard)position exists within the Town of
Queensbury and the Town Board wishes to make an appointment to such position,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Mark DeLong as a School Traffic
Officer(Crossing Guard) on an `ion-call"basis only, effective on or about December 6th, 2011 at the current
rate of pay for the position, subject to the Town successfully completing a background check as reasonably
necessary to judge fitness for the duties for which hired, 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.
Duly adopted this stn day of December,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.:352, 2011
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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,
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 976
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 001-1620-4400 Contractual 1,500
001-1990-4400 Contingency 001-5132-4070 Bldg. Repairs 2,900
001-1990-4400 Contingency 001-3510-4760 Vet Services 1,800
001-1990-4400 Contingency 001-1420-4131 Litigation 6,000
001-1990-4400 Contingency 001-1420-4133 Article 7 1,500
001-1990-4400 Contingency 001-3510-4410 Fuel 750
001-1990-4400 Contingency 001-1680-2031 Computer Hardware 3,750
001-1990-1010 Contingency Wages 001-3510-1020 O/T 1,000
001-3620-4400 Misc. Contractual 001-3410-4030 Postage 25
001-3620-4400 Misc. Contractual 001-3410-4120 Printing 85
001-3620-4400 Misc. Contractual 001-3510-4760 Vet Services 806
001-3620-4400 Misc. Contractual 001-3510-4410 Fuel 524
002-9010-8010 NYS Retirement 002-8810-4400 Misc. Contractual 4,800
004-5110-4620 Paving Materials 004-5130-1010 Wages 6,000
004-5110-4620 Paving Materials 004-5130-1020 0/t 1,000
004-5110-4620 Paving Materials 004-5142-1020 0/t 10,000
Increase Revenue 001-52680-7100 Insurance Recovery 7,100
Increase
Appropriation 001-5132-4070 Bldg. Repairs 7,100
Increase Revenue 004-0000-53501 CHIPS 30,000
Increase
Appropriation 004-5112-2899 CHIPS Construction 30,000
Duly adopted this 5th day of December, 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-
WARRANT OF DECEMBER 6TH, 2011
RESOLUTION NO.: 353,2011
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of December 1St,2011 and a payment date of December 6th 2011,
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 977
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
December 1St,and a payment date of December 6th 2011 totaling$537,342.16, and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this stn day of December,2011,by the following vote:
AYES: Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING SEWAGE BILL PAYMENT TO
CITY OF GLENS FALLS
RESOLUTION NO.: 354,2011
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy Brewer
WHEREAS,the Town of Queensbury(Queensbury) and the City of Glens Falls (City) are parties
to a Wastewater Treatment Agreement, pursuant to which the Town disposes of wastewater at the City of
Glens Falls Sewage Treatment Plant for the fees described therein, and
WHEREAS,the Town and the City are in disagreement as to the amounts owed for such disposal,
and
WHEREAS, the Town has made good faith, quarterly payments to the City for the last seven (7)
quarters, and
WHEREAS, the City has commenced a litigation action against the Town pursuant to which the
City seeks an additional, approximately$ 70,000 for the last seven(7) quarters, and
WHEREAS, the Town has commissioned an auditor to analyze the situation and provide input as
to amounts properly owed, and
WHEREAS, the auditor indicates that the Town should bear responsibility for a total amount of
approximately$857,500, and
WHEREAS,therefore the $15T500 difference is essentially undisputed, and
WHEREAS, the Town has always stated that it will pay the City whatever amount is due and
properly owed,
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 978
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs payment of$157,500
to the City of Glens Falls without prejudice as to the ultimate outcome of the litigation,and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Budget Officer and/or Town Counsel to take any actions necessary to effectuate the terms of this
Resolution.
Duly adopted this stn day of December,2011,by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer
NOES : None
ABSENT :None
4.0 PRIVILEGE OF THE FLOOR
PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding
a light did not elaborate as to location.
SUPERVISOR STEC-Spoke to National Grid they know exactly what we want done I
have signed the work order. They are going to extend the arm try to move it more
directly over the intersection and put a bigger bulb in.
MR. TUCKER-Spoke to the board regarding the sale of the Trash Plant asked how
much money Warren County will be getting.
SUPERVISOR STEC-We are going to get a little more than half it is based on how
much garbage we have been sending.
MR. TUCKER-Asked where the money will be going.
SUPERVISOR STEC-Back to the two counties general funds to our fund balances to
use in our budgets.
MR. TUCKER-Was it figured in the budget?
SUPERVISOR STEC-Yes.
MR. TUCKER-Asked if one the At Large Supervisors representing Queensbury on the
County Board is resigning.
SUPERVISOR STEC-Has not heard of that.
JOHN SALVADOR NORTH QUEENSBURY-Spoke to the board regarding a letter he
sent to board members regarding municipal boundaries in Warren County.
SUPERVISOR STEC-Disagreed with Mr. Salvador's analysis.
GEORGE DRELLOS, 27 FOX HOLLOW LANE-Spoke to the board regarding the
bike/pedestrian path questioned what is the time table on this.
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 979
COUNCILMAN STROUGH-If DEC can get in and do the wetland delineation the next
step this winter would be to get the paperwork done get the easements from the
landowners we are looking at this spring.
MR. DRELLOS-This spring of 2012.
COUNCILMAN STROUGH-We have three stream crossing two of them are nothing
they are very intermittent streams. I would like to see it opened up as a trail for
pedestrian use this spring.
MR. DRELLOS-Asked if there are plans for crossing the marsh would like to see the
plans.
COUNCILMAN STROUGH-1 can send you the plans as soon as I have them.
MR. DRELLOS-Asked why they couldn't go along the Northway go through the school
property?
COUNCILMAN STROUGH-The school didn't want us to go through there. The other
thing is the Northway the steepness is so sheer you cannot put a trail in there.
MR. DRELLOS-Why can't you put a bridge across the top?
COUNCILMAN STROUGH-The best place to put the bridge and you were with me this
afternoon is where I have it.
MR, DRELLOS-You know my concerns.
COUNCILMAN STROUGH-1 don't think they have any foundation to them George. The
kind of bridge that would go over that waterway of thirty or forty feet would be just a
beam type of plank very simple construction with railings on both sides for pedestrians.
You think that the bridge is going to attract beavers you are mistaken the bridge itself
will not attract beavers.
MR. DRELLOS-We will see what happens it will be interesting.
5.0 CORRESPONDENCE
DEPUTY CLERK O'BRIEN-Supervisor's Monthly Report for Community Development
and Building and Codes for the Month of October on file in Town Clerk's Office.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER
• None
COUNCILMAN STROUGH
• Spoke to the board regarding Jack LaBombard retirement from the Town's
Recreation Commission thanked him for everything he has done.
• Spoke regarding the Queensbury Senior Citizens and the Queensbury Post
Newsletter.
• Spoke regarding the November 11, 2011 Lake George Mirror regarding the
article entitled Town's urged to Follow Queensbury's Lead on Fertilizer Ban.
• Spoke regarding a letter sent from Assistant Director of Recreation Lori
O'Shaughnessy to David Moses thanking him for all he has done for the
Queensbury Girls Hooper Basketball Program.
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 980
• Spoke to the board regarding the Fire Marshall's Report noting the following
safety tips for this time of year. Always follow the manufacturer's instruction
and installation for the tree and outdoor displays are rated for outdoor. If you
have an artificial tree make sure it is labeled fire resistant. Live trees require
special attention in selected places please research this information prior to
purchase. Properly dispose of a live tree after the holiday season. Always
refrain from overloading an electrical outlet and lead cords are intended for
temporary use only. Decorations should be placed away from the heat
source and be sure to have working smoke and carbon monoxide detectors.
COUNCILMAN MONTESI
• None
COUNCILMAN METIVIER
• None
SUPERVISOR STEC
• Thanked Look TV and sponsors for televising the meetings.
• www.gueensbury.net
• Spoke regarding the Veterans Tax Exemption this not only applies to
Queensbury but for any veteran in any Town if you are a veteran
honorable discharge take your DD-214 visit your Town or City Assessor
and apply for the exemption to get a reduction on your property taxes.
You can also visit Pam Vogel, County Clerk to get a discount card for area
businesses.
• Spoke regarding a letter he received from Jack LaBombard regarding his
retirement from the Towns Recreation Commission thanked him for all of
his years of service to the Town and the School District and all the kids
that he coached at Queensbury. His letter says he is not resigning he is
retiring his term expires at the end of December he asked not to be
reappointed he didn't want to leave in the middle of a term.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 355, 2011
INTRODUCED BY: Mr. Ronald Montesi
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 5t" day of December, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT-None
RESPECTFULLY SUBMITTED,
REGULAR TOWN BOARD MEETING 12-05-2011 MTG#31 981
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY