2012-10-01 Mtg 22 REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 554
REGULAR TOWN BOARD MEETING MTG#22
OCTOBER 1, 2012 B.H. 25-26
7:00 P.M. RES# 287-300
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
DIRECTOR OF BUILDING & CODES, DAVE HATIN
SUPERINTENDENT OF CEMETERIES, MIKE GENIER
PRESS
LOOK TV, POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR STEC-Opened meeting.
BOARD OF HEALTH
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 287, 2012
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 adjourns and moves into
the Queensbury Board of Health.
Duly adopted this 15t day of October, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT:None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF WILLIAM BALDWIN
RESOLUTION NO.:BOH 25, 2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 555
SECONDED BY: Mr.Tim Brewer
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, William Baldwin has applied to the Local Board of Health for variances from Chapter
136 to install a new absorption field:
1. 72' from Lake George instead of the required 100' setback;
2. 73' from the well instead of the required 100' setback;
3. 3' from the property line instead of the required 10' setback; and
4. 12' from the dwelling instead of the required 20' setback;
on property located at 24 Joshua Rock Road in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on
Monday, October 15'h,2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,Queensbury,to
consider William Baldwin's sewage disposal variance application concerning property located at 24 Joshua
Rock Road in the Town of Queensbury (Tax Map No.: 239.19-1-6) 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.
Duly adopted this 1St day of October,2012,by the following vote:
AYES : Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier
NOES : None
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 556
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN MONTESI-One of the things I don't see on here is how deep the well is and is there
a casing on it these are the two questions I want to ask.
SUPERVISOR STEC-I see Dennis is here so he can get that information to us for that meeting.
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 26, 2012
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the
Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury.
Duly adopted 2nd day of October, 2012, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT:None
2.0 PUBLIC HEARINGS
PUBLIC HEARING— BAY RIDGE VOLUNTEER FIRE COMPANY PROTECTION AGREEMENT FOR
2013-2015
NOTICE SHOWN
PUBLICATION DATE: September 21, 2012
SUPERVISOR STEC-This is a three year contract with Bay Ridge Fire for 2013, 2014, 2015. The
language of the contract is identical to past years the only thing that is different is the payment
schedule for those three years. For each of the three years the 2013 budget will be two point
nine percent more than this year. The following year 2014 it is two point one and then 2015 it
is one point seven darn close to what we said our goal was which was to keep it in the
neighborhood of two percent with respect of the tax cap what we saw South Queensbury do
the other day. The 2013 total with be four hundred and thirty thousand eight hundred and
thirteen dollars. The 2014 would be four hundred and thirty nine thousand seven seventy
three and 2015 would be four forty seven one eight four. Is there anyone that would like to
comment on this public hearing I will declare the public hearing opened any discussions from
board members?
COUNCILMAN STROUGH-No, but it's a two percent increase from 2013-2014 a one point eight
percent increase from 2014-2015 so I am happy with that.
SUPERVISOR STEC-1 think the board is too, I agree.
PUBLIC HEARING OPENED
NO COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING FIRE PROTECTION SERVICE
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 557
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE
VOLUNTEER FIRE COMPANY, INC. FOR 2013 - 2015
RESOLUTION NO.: 288,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge
Volunteer Fire Co.,Inc.,North Queensbury Volunteer Fire Co.,Inc.,Queensbury Central Volunteer Fire Co.,
Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in
accordance with agreements between each Fire Company and the Town,and
WHEREAS,the Town and the Bay Ridge Volunteer Fire Co., Inc.,have negotiated terms for a new
three (3)year Agreement for fire protection services,and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town
Board conducted a public hearing on Monday, October 1st, 2012 and heard all interested persons concerning
the proposed Agreement,and
WHEREAS,a copy of the proposed Agreement has been presented at this meeting,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby
approves the Fire Protection Service Agreement between the Town and the Bay Ridge Volunteer Fire Co.,
Inc.,substantially in the form presented at this meeting,and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such
Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to
effectuate the terms of this Resolution.
Duly adopted this Ist day of October,2012,by the following vote:
AYES Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
NOES : None
ABSENT: None
3.0 HEARING
UNSAFE STRUCTURE PROPERTY OWNED BY FRANK PREDA LOCATED AT 9 HARRIS STREET,
QUEENSBURY
SUPERVISOR STEC-I believe the Attorney for Mr. Preda is here tonight. I know that he has been
working with Dave Hatin on this issue for a while. I believe that his client has agreed to demolish
the structure and is looking for us to work with him and give him sixty days is that correct sir?
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 558
ATTORNEY AVIGDOR-That is correct. My client, Dr. Frank Preda did send the letter requesting until
November 1St. We had a contractor who was prepared to do this demolition by November 15t; one
of you asked me informally pre meeting who that was that was Sanders Construction of Corinth.
Apparently Skip Sanders of Sanders Construction called Dr. Preda at five thirty this evening and
indicated that he would not be able to do that work because of some insurance issue. We didn't
inquire if the person isn't feeling he is the right one to do it then we will find someone who is the
right one to do it. There may have been and I certainly don't think we need to get deeply into it;
there may have been some misunderstanding as to what had to be done to bring the structure up
to standards. I dealt with Mr. Hatin about that we had an engineer that we employed about that
we are beyond that. That may have taken a little time that may be why we got to October 1St,
here, but we are beyond that. We have a demolition permit we thought we had a demolition
contractor, but with sixty days we simply will engage a demolition contractor and will get the
building down. I have spoken with your Attorney's actually with Cathi Radner about the process
and I am hoping the Town Board is comfortable with that and we will make it happen.
SUPERVISOR STEC-Our resolution does give you until five o'clock p.m. November 1St
TOWN COUNSEL, HAFNER-He suggested until December 1St,that is sixty days.
SUPERVISOR STEC-Sixty days will be December 1St, I think the board is comfortable doing that so
that should give your client adequate time to complete the demolition.
TOWN COUNSEL, HAFNER-Mr. Supervisor one thing also when I talked with the Attorney and Dave
Hatin beforehand there are also two out buildings on there that are part of this so in the resolution
there are four different places where we would add and (2) out buildings and Attorney Avigdor
agreed they were also intended to be removed.
ATTORNEY AVIGDOR-The arrangement we had with the contractor who has now backed out was
to remove the out buildings also that is our understanding.
COUNCILMAN BREWER-Are all four unsafe or there is no need to keep them all its up to you it is
perfectly fine with me I am just curious.
ATTORNEY AVIGDOR-We have engaged in an engineer on our side at our expense a fellow named
Ernie Gaylor from Malta. Mr. Gaylor's opinion was that only the main house was unsafe. What I
don't want to do is have a disagreement about that take down the main house and have the Town
pursuant to its resolution take down a couple of small out buildings and end up in Supreme Court
over the cost of that. I think while we only conceive that it's the main house that is unsafe we
rather satisfy the Town and take these down. We think the additional expense of removing them
will be smaller than the expense of any disagreement, but thank you for the thought.
COUNCILMAN BREWER-Thank you.
SUPERVISOR STEC-Any other comments from the board?
COUNCILMAN STROUGH-Dave what is your last name?
ATTORNEY AVIGDOR-It's Avigdor I practice law in Lake Luzerne.
SUPERVISOR STEC-Any other comments or discussions from the board? So we are going to amend
this resolution to read December 1. 2012.
RESOLUTION ORDERING STRUCTURES ON PROPERTY OWNED BY
FRANK PREDA LOCATED AT 9 HARRIS STREET, QUEENSBURY
BE DEMOLISHED AND REMOVED
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 559
RESOLUTION NO.289,2012
INTRODUCED BY:Mr.Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)
inspected property and a home owned by Frank Preda located at 9 Harris Street in the Town of Queensbury
(Tax Map No.: 309.6-1-66) and found that the yard is completely overgrown and the building and two (2)
out buildings are structurally unsound,in disrepair,unusable and unsafe,and
WHEREAS, the Director advised Mr. Preda to take appropriate measures to either rebuild or
demolish the structure and two (2) out buildings as more specifically set forth in the Director's June 22°d
2012 letter presented at this meeting,and
WHEREAS,the Director advised the Queensbury Town Board that in his opinion the structures are
dangerous and unsafe to the general public and therefore requested that the Town Board take action if the
property owner failed to demolish the structures,and
WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town
Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe
and dangerous, and if so, order that notice be served upon the owner or other persons interested in the
property that the structure must be demolished and removed,and
WHEREAS, by Resolution No.: 261,2012 adopted on September 10"', 2012, the Town Board
declared the structures on the property to be dangerous and unsafe to the public,and
WHEREAS,the Town Board held a hearing concerning this property on Monday, October 1St, 2012
and Notice of this hearing was served in accordance with the provisions of New York State Town Law
§13 0(16)and Queensbury Town Code Chapter 60,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby orders Frank Preda to immediately begin
demolishing and removing the structure and two (2)out buildings on property located at 9 Harris Street in the
Town of Queensbury(Tax Map No.: 309.6-1-66)and complete such work by 5:00 p.m.,December 1St,2012,
and
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 560
BE IT FURTHER,
RESOLVED, that if the structure and two (2) out buildings are not demolished and removed by
December 1St, 2012, the Town Board hereby authorizes and directs the Director of Building and Codes
Enforcement to make the necessary arrangements to demolish the structures and remove the demolition
debris,such work not to exceed an amount up to$5,000, and
BE IT FURTHER,
RESOLVED, that in accordance with New York State Town Law §13 0(16) and Queensbury Town
Code Chapter 60,reparation/removal expenses may be assessed against the real property and the Town Board
may authorize and direct Town Counsel to institute an action to collect the cost of the repairs or removal,
including legal expenses,if necessary,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take
any actions necessary to amend the 2012 Town Budget and take any other necessary actions to provide for
payment of such demolition expenses.
Duly adopted this Ist day of October,2012,by the following vote:
AYES : Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer
NOES : None
ABSENT:None
4.0 PRESENTATION
Presentation made by the Executive Director of the Lake George Park Commission, Dave Wick on
the issues of invasive Species in Lake George. Spoke to the board regarding the plans to control
the invasive species and ways to raise funds to control them.
5.0 RESOLUTIONS
RESOLUTION APPOINTING CLYDE SHERMAN AS SCHOOL TRAFFIC
OFFICER ON PERMANENT, PART-TIME BASIS
RESOLUTION NO.290,2012
INTRODUCED BY:Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 561
SECONDED BY: Mr.John Strough
WHEREAS,by Resolution No.: 325,2011,the Queensbury Town Board appointed Clyde Sherman
as a School Traffic Officer (Crossing Guard) on a permanent, part-time basis, an "on-call" basis, until Mr.
Sherman's retirement, and
WHEREAS,the Town Board wishes to rehire Mr. Sherman in such position,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby appoints Clyde Sherman as a School Traffic
Officer(Crossing Guard)on a permanent,part-time basis,up to 15 hours per week, effective as of September
5th,2012 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.
Duly adopted this 1St day of October,2012,by the following vote:
AYES : Mr.Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
PURCHASE OF A NEW REPLACEMENT TRACTOR
FOR TOWN CEMETERY DEPARTMENT
RESOLUTION NO.: 291,2012
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS,the Town's Cemetery Superintendent wishes to advertise for bids for the purchase of a
new tractor to replace an obsolete 1987 Mitsubishi tractor in the Cemetery Department as will be set forth in
bid specifications to be prepared by the Cemetery Superintendent and/or Purchasing Agent,and
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 S62
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the
bid to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements
set forth in the Town's bidding documents,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing
Agent to publish an advertisement for bids for the purchase of a new tractor for the Town Cemetery
Department in the official newspaper for the Town of Queensbury,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all
bids received,read the same aloud and record the bids as is customarily done and present the bids to the next
regular or special meeting of the Town Board.
Duly adopted this 1St day of October,2012,by the following vote:
AYES : Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD TOWN OF
QUEENSBURY 250TH ANNIVERSARY CELEBRATION
RESOLUTION NO.:292,2012
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,by prior Resolution and Agreement the Queensbury Town Board provided in the 2012
Town Budget for the Town's receipt of occupancy tax revenues from Warren County in accordance with the
Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the
Town and Warren County,and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
Agreement are subject to further Resolution of the Queensbury Town Board,and
WHEREAS, by Resolution No.: 122,2012, the Town Board authorized the expenditure of funds in
the amount of$6,000 for costs relating to the Town of Queensbury's 250th Anniversary celebration and by
Resolution No.: 210,2012, authorized an additional expenditure of $2,500 for costs relating to the
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 563
Anniversary celebration, such funds to be from Warren County occupancy tax revenues received by the
Town,and
WHEREAS, the Town Board wishes to authorize an additional expenditure of$2,000 to the Post-
Star newspaper for payment of a full page advertisement promoting the Town of Queensbury to be part of
the Post Star's special Warren County Bicentennial publication to include, among other things,the history
and heritage of Warren County's communities, and
WHEREAS, such publication will likely become a keepsake and help to attract a significant number
of people to the Town of Queensbury and the general community, thereby serving as an economic
development tool for tourism in Queensbury and the surrounding area,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of
funds in the amount of$2,000 for costs relating to the Warren County Bicentennial and Town of Queensbury
Sestercentennial celebrations, such funds to be from Warren County occupancy tax revenues received by the
Town and to be paid for from Account No.: 050-64104412, contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County,and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town Budget to amend the 2012 Town
Budget and/or take any actions needed to provide for such payment,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 1st day of October,2012,by the following vote:
AYES : Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi
NOES : None
ABSENT: None
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 S64
RESOLUTION CONSENTING TO QUEENSBURY PLANNING BOARD
BEING DESIGNATED AS LEAD AGENCY REGARDING PROPOSED
EXPANSION AND REMODELING OF THE BLUE MOOSE TAVERN AND
RESTAURANT - AREA VARIANCE APPLICATION 35-2012 AND SITE
PLAN REVIEW APPLICATION 42-2012 - DANIEL AND ELLEN NICHOLS
RESOLUTION NO.293,2012
INTRODUCED BY:Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Town of Queensbury is in receipt of a Full Environmental Assessment Form
relating to Area Variance Application 35-2012 and Site Plan Application 42-2012 submitted by Daniel and
Ellen Nichols concerning the proposed expansion and remodeling of the existing restaurant/tavern known as
the Blue Moose Tavern and Restaurant located at 1300 State Route 9, Queensbury, New York (the
"Project"),and
WHEREAS, since the Project requires both variances and Site Plan Review approval by the Town's
Zoning Board of Appeals and Planning Board, the Planning Board, as the official agency in this instance to
review environmental assessment concerns within the Town, has concluded that it is the most involved
agency and should be Lead Agency for the purposes of State Environmental Quality Review Act(SEQRA)
review relating to the Project,and
WHEREAS, the Town Planning Board has accordingly notified the Queensbury Town Board that
the Planning Board is seeking lead agency status in accordance with SEQRA and has requested that the Town
Board consent to the Planning Board being designated as Lead Agency,and
WHEREAS,the Town Board wishes to provide such consent,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to the
Planning Board acting as Lead Agency for SEQRA review of the proposed expansion and remodeling of the
existing restaurant/tavern known as the Blue Moose Tavern and Restaurant located at 1300 State Route 9,
Queensbury,New York(the "Project") and authorizes and directs the Town Supervisor to execute any such
consent and take any other necessary actions to effectuate the terms of this Resolution and further authorizes
and directs the Town's Department of Community Development to notify any other involved agencies of this
determination.
Duly adopted this I't day of October,2012,by the following vote:
AYES : Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 565
NOES : None
ABSENT: None
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT
MERCHANT MARKET LICENSE FOR MICHAEL BARBONE
RESOLUTION NO.: 294,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, Michael Barbone has submitted an application to the Queensbury Town Board for a
Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from
October 12th — October 14th, 2012 at the Ski West Mountain Ski Center, 59 West Mountain Road,
Queensbury to sell various food items, non-alcoholic drinks and certain merchandise in accordance with the
provisions of Town Code Chapter 160,
NOW, THEREFORE, BE IT
RESOLVED,that in accordance with the requirements set forth in Queensbury Town Code §160-8,
the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Michael Barbone
to conduct a transient merchant market at the Ski West Mountain Ski Center located at 59 West Mountain
Road,Queensbury,subject to the following:
1. Mr.Barbone must pay all fees as required by Town Code Chapter 160;
2. Mr.Barbone must submit a bond in the amount of$10,000 as required by Chapter 160;
3. Mr. Barbone must submit proof of authorization to do business in New York and authorization
of agent to receive service of summons or other legal process in New York;
4. The License shall be valid only from October 12t`—October 14th, 2012 from 12:00 p.m.noon to
12:00 a.m.midnight each day and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Mr.Barbone must comply with all regulations specified in Town Code §160-8;
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 566
and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs Town Code Enforcement Personnel
to rigorously enforce the terms of this approval as well as Special Use Permit 72-2012.
Duly adopted this I"day of October,2012,by the following vote:
AYES : Mr. Stec,Mr. Metivier,Mr.Montesi,Mr. Strough,Mr.Brewer
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF
PHONEREVIEW TO AUDIT UTILITY BILLS
RESOLUTION NO.: 295, 2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to engage the services of a consultant to audit the
Town's utility bills (i.e., electric, natural gas and telephone) in an effort to have any billing errors eliminated
and obtain a refund or credit for such time as any errors may have existed,and
WHEREAS, PhoneReview has offered to perform such auditing services,and
WHEREAS, the fees for PhoneReview's provision of such auditing services would be: 1) 35% of any
amounts credited to or collected by the Town for any past billing errors; and 2) for future savings realized
from both the reduction in billing due to removal of overcharged items and saving realized by effecting
changes suggested by PhoneReview,would be equal to 35%of the first 24 months of savings, as set forth in
PhoneReview's Client Agreement presented at this meeting,
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 567
RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the
auditing services of PhoneReview and further authorizes and directs the Town Supervisor to sign the Client
Agreement substantially in the form presented at this meeting,with the costs of the auditing services to be
paid for from recovery of past utility over-billings as well as reductions in ongoing billings,and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Budget Officer
and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of October, 2012, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
WARRANT OF OCTOBER 2ND, 2012
RESOLUTION NO.: 296,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of September 27th,2012 and a payment date of October 2nd 2012,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
September 27th,2012 and a payment date of October 2nd, 2012 totaling $412,624.86, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 568
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 Ist day of October,2012,by the following vote:
AYES : Mr.Montesi,Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING ENGAGEMENT OF CREIGHTON
MANNING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES
RELATED TO AVIATION ROAD/DIXON ROAD/FARR LANE
INTERSECTION IMPROVEMENTS, TOWN OF QUEENSBURY,
WARREN COUNTY, P.I.N. 1759.06
RESOLUTION NO.: 297,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, by Resolution No.: 232, 2012, the Queensbury Town Board authorized and approved
the Project for the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of
Queensbury, Warren County, P.I.N. 1759.06(the Project), and
WHEREAS, by such Resolution the Town Board also authorized and directed that the sum of
$273,702 (two-hundred seventy-three seven hundred two dollars and no cents) ($258,385 for Preliminary
Engineering and $15,317 for Right-of-Way Incidentals) be made available to cover the cost of
participation in the Project, with such sum of $273,702 to be appropriated from the Aviation
Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192, which Fund established
funding for expenses associated with the grant funds and established initial appropriations and estimated
revenues for Capital Project Fund#192 in the amount of$273,702 to be funded from grant funds received
by the Town and from the Town's Capital Reserve Fund#64, and
WHEREAS, the Town Board wishes to engage the engineering and design services of Creighton
Manning to complete Phases I-VI (Sections 1-7) of the Project for an amount not to exceed the amount of
$273,702 as delineated in Creighton Manning's March 2nd, 2012 Consultant Agreement presented at this
meeting and as follows:
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 569
Item IA, Direct Technical Salaries(estimated) $ 72,438
Item IB, Direct Technical Salaries Premium Portion of Overtime (estimated) $ 0
Item II, Direct Non-Salary Cost(estimated) $ 6,545
Item II, Direct Non-Salary Cost(estimated) (Sub-Contractor Cost) $ 0
Item 111, Overhead(estimated) $110,106
Item IV, Fixed Fee (negotiated) $ 22,796
Item II, Direct Non-Salary Cost(estimated) (Sub-Consultant Cost) $ 61,817
ROW Incidentals and Acquisition $15,317
MJ-Environmental $36,500
Hartgen $10,000
MAXIMUM AMOUNT PAYABLE $273,702
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of
Creighton Manning for provision of engineering and design services to complete Phases I-VI (Sections 1-7)
of the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren
County, P.I.N. 1759.06 (the Project) for an amount not to exceed the amount of$273,702 as delineated in
Creighton Manning's March 2"d, 2012 Consultant Agreement presented at this meeting and as described in
the preambles of this Resolution,and
BE IT FURTHER,
RESOLVED, that expenses for this project shall be paid for from the Aviation
Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 570
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the
Consultant Agreement and any necessary forms or agreements related to this Project and further authorizes
and directs the Town Supervisor, Senior Planner and/or Town Budget Officer to take all action necessary to
effectuate the terms of this Resolution.
Duly adopted this I"day of October,2012,by the following vote:
AYES : Mr. Strough,Mr.Brewer,Mr. Stec,Mr.Metivier,Mr.Montesi
NOES : None
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN STROUGH-I need to amend the Agreement. If you turn to the Executive Summary, which
is the ninth page back I have two little things. One is in the second paragraph under Executive Summary
bolded and underlined the second paragraph that starts the project objective is to reconstruct the existing
intersection the rest of that is not needed and incorrect. The next paragraph first word the intent is to be
Aviation Road the rest of it seems to be fine.
SUPERVISOR STEC-You will make those amendments Bob?
TOWN COUNSEL,HAFNER-Yes.
6.0 PRIVILEGE OF THE FLOOR
SUE PARKER, DIRECTOR OF SALES AND MARKETING SKI WEST MOUNTAIN- Thanked the board for
their approval on their vendor permit now that they have approval from the Town to hold the
Festival and have submitted the list of vendors noted she has more vendors that are seeking to
attend the Festival asked if this was possible.
SUPERVISOR STEC-Thinks if they give a comprehensive list to Dave Hatin tomorrow we should be
able to accommodate that.
COUNCILMAN STROUGH-Along with the same requirements that are required of the other
vendors.
PLINEY TUCKER, 41 DIVISION ROAD, QUEENSBURY-Spoke to the board regarding the Resolution
Authorizing Creighton Manning to provide Engineering Services to Aviation Road/Farr Lane
Intersection Improvements asked if there is an estimate of how much this is going to cost.
COUNCILMAN STROUGH-This is what the study is going to do it is going to see what kind of
remediation is the most cost effective remediation.
MR.TUCKER-It hasn't been decided definitely yet?
COUNCILMAN STROUGH-No.
JOHN SALVADOR, ALEXY LANE, NORTH QUEENSBURY-Spoke to the board regarding the meeting of
the Town Board of September 24th that he called to their attention the fact that the Planning
Board had denied the San Souci Restaurant their application for an after the fact approval of
violations to a previously approved site plan the Special Use Permit issued in 2009 is no longer
valid. The reason for the Planning Boards denial two weeks ago was the fact that the Town Board
of Health approved a six thousand gallon holding tank installation has yet to be installed, noting
Mr. Clute was not in agreement to undertaking the installation any sooner than October,
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 571
November of 2014 noting his concern with the disposal of sewage waste asked if that is an issue
with septic haulers that they have to discharge in the basin?
COUNCILMAN METIVIER-You know that they have to.
COUNCILMAN MONTESI-John you raised an issue with the San Souci that is much more relevant
that is an issue. There is no question at all with the Great Lakes Law that we can't take it out of the
basin. The issue that you raised about the capacity of the holding tank and what a restaurant does
I think is what you should be talking about because that's the more important issue.
MR. SALVADOR-That is in the hands of the Planning Board. This issue is one that we have to worry
about there are many many holding tanks in North Queensbury.
SUPERVISOR STEC-Does the Town enforce the Great Lakes concept.
TOWN COUNSEL, HAFNER-I don't think it's a Town issue.
MR. SALVADOR-It's not us it's the Glens Falls Sewage Treatment Plant if they close the door to
wastewater from outside the Hudson River basin.
COUNCILMAN BREWER-It's not Queensbury Town Board issue.
MR. SALVADOR-This is an important issue for us.
COUNCILMAN BREWER-It is not our issue we do not haul this stuff we don't have a facility to
receive it, it's not our issue.
COUNCILMAN STROUGH-It is an interesting question John I will call George Drellos and asked him
if they are given regulations that require them to stay within the certain lake basins or drainage
basins.
RAY O'BRIEN, 42 ALGONQUIN DRIVE, QUEENSBURY-Spoke to the board regarding his son being
injured at Queensbury School and issues with the school insurance and his insurance.
SUPERVISOR STEC-Recom mended that he contact the Superintendent of Queensbury Schools,
Doug Huntley regarding the matter.
DAN TIVETTS, 16 ZENAS DRIVE, QUEENSBURY-Asked if the Town is more interested in pursuing a
State wide comprehensive program not solely for the Lake George area, but State wide in
potentially pulling federal funding through State wide programs?
SUPERVISOR STEC-Dave could probably tell you more on that, but at the County level that is where
that kind of lobbying and encouragement has been coming from historically that's not to say there
wouldn't be a role for individual Town's to play. Historically counties have been directly involved
in trying to influence the State level of government to look at this. Warren County has been very
aggressive in the last few years in trying to point out that in fact what we are talking about is
property that is technically owned by the State of New York. Certainly the State has limited
recourses available to itself, but it also has the ability like everybody else to set priorities on how it
should allocate its resources. I can tell you that I think it is safe to say that every member of the
Warren County Board of Supervisors feels that the State should be making this an issue a larger
priority obviously not just for Lake George, but across the State. Efforts that are made in other
bodies of water to protect other bodies from the spread of invasive species benefit Lake George as
well and vice versa. If you can control it and knock it down here then our lake becomes less a
threat to other lakes in the State and vice versa and other lakes would be less of a threat to
contaminating Lake George. Warren County has been very aggressive on that trying to reach out
to the Governor's Office and to the State Legislature and will continue to do that.
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 572
7.0 CORRESPONDENCE
DEPUTY CLERK, O'BRIEN-Presented to the board the Town of Queensbury 2013 Tentative Budget.
8.0 TOWN BOARD DISCUSSIONS
SUPERVISOR STEC
• Thanked Barbara Tierney and all the Departments for their work on the budget. The big
picture here is that Town is not going to have an issue with the tax cap. The tax rate in the
general fund is going to be down a little over a penny per thousand, which translate to a
one point seven decrease in the tax rate in the general fund. All other rates are fairly
stable either zero or slightly down or slightly up. In fact for fire, fire is going to up a little
over a penny and EMS is going to up three tenths of one penny so both of those are up less
than two percent for their tax rate. The overall tax levy for the general fund is going to be
down thirty six thousand dollar from last year so our levy in the general fund is actually
down a little bit. The grand total levy is down about two hundred and fifty thousand
dollars. Retirement and health insurance continue to go up fortunately we were able to
very conservatively increase our revenue projection for sales tax. Sales tax has come back
it's not back to its prerecession levels, but it has come back significantly so that is where we
are able to offset the other increases that were unavoidable, but besides mainly fuel prices
and more significantly the pension increase by itself would have been more than the tax
cap. That is true for Warren County and that is true for just about any other Town or
County that I have been talking to about this. The pension just that one mandate alone
consumes the cap so that means that you have to cut other places in your budget this isn't
the first time that we had to do this. There is a large bubble that is working its way through
the system in the pension calculations this is just a bill that we get from the State every
municipality that is in the State Retirement System gets this bill about this time of year
telling you what to project for your next year's requirement and the last several years it has
gone up twenty to thirty percent we have to overcome that we have been able to
overcome that. Like, I said the Town Board will look at this and sometime hopefully two
weeks from now we will be in a position where we can set a public hearing on this budget.
I feel compelled to point out that this will be the fourth consecutive year that the Town
Board has not increased its own compensation I congratulate you all by leading by example
noted they will have a public hearing on this sometime early in November.
• Thanked Look TV and sponsors.
• www.gueensbury.net
COUNCILMAN BREWER
• NO COMMENT
COUNCILMAN STROUGH
• Thanked Reverend William Davidson and his daughter Kelly Gerling for composing and
singing the Queensbury Town Song.
• Received a letter from the Assembly Point Water Quality Awareness Committee
thanking everyone for posting the Fertilizer Pesticide Signs and for publishing and
distributing the educational brochure on storm water runoff to residents.
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 573
• Reviewed the Fire Marshal's report indicating during the past month the following new
businesses have completed their inspections for certificate of occupancy including
Cuddle Bugs, Spirit Halloween Vector Marketing and others. Ongoing inspections for
certificate of occupancy continue for several projects the Queensbury Diner, SUNY
Housing, GFH Rehabilitation Center and Delcast Systems, Taco Bell, and Recovery Grill.
Due to the fact that most grease ducts in commercial restaurants are concealed either
by fire proof wraps above a celling the only exposure to the system at the time of the
semiannual inspection is at the time of the semiannual inspection this makes these
inspections especially critical. Beginning January 2013 all vendors performing kitchen
exhaust cleaning services in the Town of Queensbury will have been evaluated on
training experience to perform such services. Each company will also need a proof of
Workers Compensation Liability Insurance. Please don't delay in getting the
maintenance performed on your carbon dioxide detectors and fire alarms, change the
batteries change them if they have been around ten years or so.
• The Queensbury Senior Citizens will be holding an Arts and Crafts Fair on Saturday,
October 20th, 2012 at the Queensbury Senior Center, 742 Bay Road from 9:00 a.m. to
3:00 p.m. call 761-8224 for more information.
COUNCILMAN MONTESI
• Tim Brewer and I have been asked by the Supervisor to do the negotiations with Union
we have been at it for three or four months. As, Dan pointed out tonight there are two
major items that we negotiate one is the retirement, which is approximately seven
hundred and twenty thousand dollars for the Town of Queensbury, which we have no
control over. The other is one million seven nineteen five hundred that is the medical
insurance for the all the employees for the Town that we have some control over. The
Union has asked for a committee that can look at some ways to save on that we agreed
to form that committee beyond that we are still negotiating.
• The Town Board is working on negotiating with the City over the sewer rates and sewer
bills and capacity.
COUNCILMAN METIVIER
• Thanked the Town Clerk's Office and Tax Receiver's Office for a job well done on tax
day.
RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO.298,2012
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 Executive Session to discuss litigation.
Duly adopted this I"day of October,2012,by the following vote:
AYES: Mr.Brewer,Mr. Stec,Mr. Metivier,Mr.Montesi,Mr. Strough
NOES: None
ABSENT:None
REGULAR TOWN BOARD MEETING MTG#22 10-1-2012 574
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO.299,2012
INTRODUCED BY: Mr.Daniel Stec
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive
Session and moves back into Regular Session.
Duly adopted this 1st day of October, 2012, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT:None
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 300, 2012
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town
Board Meeting.
Duly adopted this 1st day of October, 2012 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