2013-01-28- Mtg 6 TOWN BOARD MEETING MTG. #6
JANUARY 28TH 2013 RES. 85-98
7:00 p.m. BOH 3-4
TOWN BOARD MEMBERS PRESENT
SUPERVISOR RONALD MONTESI
COUNCILMAN ANTHONY METIVIER
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 85,2013
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 moves into
the Queensbury Board of Health by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
BOARD OF HEALTH
1.1 Public Hearing — Sewage Disposal Variance Application of William
and Carol Merritt
NOTICE SHOWN
PUBLICATION DATE: JANUARY 18, 2013
Mr. Tom Jarrett PE-Good evening on this interesting evening. When we presented this to you
two weeks ago we explained we are seeking wastewater variances for the Merritt's who live on
Glen Lake, 103 Birdsall Lane. They would like to upgrade their house at some point and before
that they need to upgrade their wastewater system. We have designed a system that includes
an enhanced treatment and in doing so we need six variances, six variances from the Town and
State Code of which three of them are relatively simple and I think benign. Three of them are
somewhat more significant. The three that are more significant are setbacks to wells. One is a
set back to the proposed well for the Merritt's and one is a setback to the neighbor to the west
the Gwinup's and one is a setback to a well to the rear Miller. Interestingly the two wells near
the lake shore for Gwinup and Merritt we would actually increasing the set back from what it is
now. Right now it is like forty five feet and thirty five feet and
Supervisor Montesi-From the septic?
Engineer Jarrett-From septic from the Merritt's septic system and we would be increasing it to
ninety five and ninety three, so
Supervisor Montesi-Then the Miller?
Engineer Jarrett-The Miller well, right now the system is located the Merritt system is located a
hundred and four feet from the Miller well and we propose it at seventy two feet.
Supervisor Montesi-But, Miller well is the one that is up hill?
Engineer Jarrett-Up slope and behind it, it is away from the lake.
Councilman Brewer-Now one of the gentleman, Tom, I did not mean to interrupt but somebody
I think it might have been Mr. Miller you were out there the next day or the day after and did
some testing? Remember we talked about that I got a call from a gentleman that said you were
there or someone was there testing.
Engineer Jarrett-We have been there several times, are you referring after the last board
meeting?
Councilman Brewer-After our meeting, yea.
Engineer Jarrett-Ok, Bill Merritt went out and talked with the neighbor and if the neighbor is
here tonight he can speak for himself, but Bill, you may want to relate he did not feel
comfortable sampling and supplying the test results to the Board, is that a fair assessment?
Mr. Merritt-I spoke with Mrs. Miller and they recently had a test done.
Councilman Brewer-And she conveyed that to me.
Mr. Merritt-Then the next day I spoke with Mr. Miller and Mr. Miller you know stated that you
know for whatever reasons he did not feel comfortable allowing me to take a sample. The
Millers are here if they wish to speak.
Councilman Brewer-Well, it was my impression when I asked about it, it was for their
protection nothing for,just to make sure that their water wasn't going to be harmed at all.
Engineer Ja rrett-I believe you suggested it.
Councilman Brewer-Yes, I did.
Supervisor Montesi-More than that, I think what we were looking for was a base reading and
that was before the new septic system is in what was the well reading and if the Millers have
done one recently they do have a base reading then.
Engineer Jarrett-Correct and they may wish to speak to you about that on record tonight. We
are more than willing to cooperate to that end and it is up to you and the Millers to sort that
out. I am just going to add we have provided enhanced treatment in the form of a purflo bio,
peat bio filter as well as the normal soil absorption that you would find under state code and
we have another eight feet of soil filtration below that. So, we have a very, very what we feel is
an excellent system to offer.
Councilman Strough-And what kind of material is that going to be?
Engineer Jarrett-It is a sand material underneath the peat bio-filter.
Councilman Strough-Yea, but we do not want it to be too sandy.
Engineer Jarrett-No, it is a sand, normally in the five to ten minute percolation rate range we do
not want, we cannot be below a minute and generally if we get too slow the system gets too
...but generally in the five to ten, fifteen minute is an excellent percolation rate.
Councilman Strough-So, you are going to have and this is what I think mitigates the seventy two
feet could be worrisome but we have a very efficient system, we are adding a whole new filter
bed to it. Their well is up gradient and so there is a lot of mitigating circumstances because
otherwise the last thing I what to do is jeopardize the health of their well.
Engineer Jarrett-Absolutely.
Councilman Brewer-I think that was my point when I ask about testing.
Engineer Jarrett-We agree with the points that you have made and we agree with the
conclusion you are reaching.
Councilman Strough-I am familiar with the system I mean, given what you have I think you have
done the best that you can do. The distance from wells, the distance from the sidelines, I know
that six variances sounds like a lot but I go through them and they are all in my comfort range
given what you have done to incorporate this system on that piece of property. It is a Puraflo
peat bio-filter and everything else.
Supervisor Montesi-Any other questions from the Board?
Councilman Brewer-I do not have any.
Supervisor Montesids there anyone for the public that would like to speak? Mr. and Mrs. Miller
Thank you Mr. Merritt and Tom.
Mr. Steve Miller-Goodevening, Steve Miller and my wife Vickie we are the Miller property that
is mentioned here in the notice. Also we had recently, we had been talking to the Merritt's
about this for a while, we have known about it. The original setbacks were quite tight, in the
fifty some feet range and now it has been expanded a little bit. During those conversations we
did have our water tested just for base line and we had, had it tested and just to establish
proper protocol, chain of custody we decided to do it ourselves rather than relinquish chain of
custody and proper protocol to someone else. So, we have a copy here that we can submit.
Councilman Strough-How did it turn out, the water?
Mr. Miller-It turned out good.
Mrs. Miller-Very good.
Councilman Brewer-I think that was our intention we wanted to keep it good.
Councilman Metivier-It is good that you did that, but you need to well, you do not need to do
anything but you should supply somebody with a copy of that so we do have a base line .
Mr. Miller-We have a copy here we can submit.
Mrs. Miller-When Bill came to the house I said absolutely I said we just had it tested let me
print it off and I handed him the copy. A few moments later he came back and he said well,
Vickie what I actually need is a test of your water. I said, well, Bill, when I tested it I had to have
a special vial that I could not touch the rim it had to be very specific because we had it tested
for coliform and what not and another vial that did not have to have those same precautions.
He didn't have those vials with him, he said so why don't I come back tomorrow and sit down
and we will be fine my husband will be here. But when had our water tested here right
downtown on Ridge Street I think it is, I did not know where he was going and what vials he
was using. So, 1, after discussing with my Husband we felt that this was enough.
Councilman Strough-Are you familiar with what the Merritt's are proposing here?
Mrs. Miller-Yes, my husband has done a lot of research.
Mr. Miller-Well this is the first time I have seen a print to tell you the truth of that. I have done
a little research on the Puraflo myself. The sixteen feet the depth of my well it is a point well it
is not cased, came from a previous owner. I cannot verify that factually. That is antidotal
information at best. The top of the well is four feet under grade so at best it is probably twenty
feet deep and a point well like that can go to thirty feet up to the pump plus the four feet so it
could be theoretically thirty four feet I have no way of knowing I have never checked it. I just
when you asked me I said I think it is sixteen information from the previous owner. So, that is
yet to be verified where in fact that gets the water from to answer or try to answer whether its
uphill or downhill from the proposed system we do not know. Right now the house on one
side of us is on a holding tank the house on the other side has been abandoned for several
years so really it's you know that would be the lane of where something would come from.
Councilman Strough-Generally the water flow follows the gradient and the lake is the indicator
of the water table, so anything that is going to generally fall in that direction, but the discussion
came up well maybe Mud Pond but there is terrain between you and Mud Pond so it seems
that its more likely to flow toward Glen Lake.
Mr. Miller-It could the property behind us is down grade but then again the depth of the well is
in question so it is kind of an unknown. I really do not know how to answer that.
Councilman Strough-What is your comfort level with what is being proposed?
Mr. Miller-Well, here I did some research, I am an engineer by trade, thirty years in the medical
industry. What we ask ourselves in the Medical Industry for the product to hit the market is, is
it safe and effective? So, I did due diligence to say is Puraflo safe and effective? Here is what I
came up with. First of all I had a couple of questions. I looked up New York State Appendix 75
Wastewater Treatment Standards, and I had a question, are the setbacks from the center of the
device meaning the plastic boxes the Puraflo is, or is it the edge of the disturbed soil that is
prepared to put the system in. Because New York State prescribes to the edge and not the
center which could make it seem further away than it actually is. So, that is one question that I
have, because it may be quite a bit closer. These boxes are seven feet by four feet and there is
a distance that they have to be placed in between them when they are planted in the ground
because they are planted in the ground with just their top showing. System capacity is another
thing, I think New York states about a hundred and ten gallons an hour these boxes are a
dosage based system where pump goes on for so many minutes so many gallons and pumps it.
My question was how was the system sized was it per bedroom or was it per possible use?
When kids, grandkids come by and the use could go up quite a bit. Now there is a holding tank
in between the septic tank and the Puraflo filters when that thing gets full the system has to
just shut down. Meaning you cannot use your septic system. So, there has to be safe guards on
that. Now most pumps will have an override, that override has to be disconnected and there
has to be assurances that the system will not operate if in fact the system here is overdosed.
This is a question also. I did talk, I called the factory and they turned me over to their sales rep.
the closest sales rep for Puraflo is in Fort Wayne Indiana, seven hundred miles away. In the
factor or the sales rep could not give me a recommended set back from a Puraflo System. He
pointed me to some reports and some white papers and some data of testing that seemed to
be done in ideal conditions. We are in the northeast this in ideal conditions. I also looked for
other States, Maine has done a study, Oregon has done a study, and I have found a publication
from Ireland where the peat moss is harvested from. They recommend forty meters set back in
sandy soil from their system, which is quite a bit. I looked for a New York State approval for this
system, Maine has some approval, North Carolina, Oregon they have all done some work and
written this system into their code with some requirements. I could not find anything for New
York State and or published studies from New York State so this area is kind of a blank as far as
data goes for this system. The study in Maine had a high failure rate over sixteen percent in
one published report and it was above sixteen percent in the other report. The failures came in
two subjects. One route cause was the electrical control system which is very sophisticated for
the dosing and controlling of the effluent from the tank to the holding tank to the Puraflo
boxes. The other was for the peat moss itself. This peat moss is a very porous hollow material
and it treats solids in two ways. One is the bacteria and mico growth within consumes it. Kind
of like tilapia it eats the solids and processes it. The others is an ionic attraction, one positive
one negative and it tends to pull the solids into the hollow portions of this peat moss material.
So, it does fill up it does have a life it does get plugged. So, it does require maintenance.
Published material says ten to fifteen years, the sales rep says maybe five. But you have to go
out with a pitch fork every year and kind of roll it over puff it up and take care of it and look at it
because there is no warning lights when this peat moss fails. There is no indication that it is not
working any more the pumps might pump the water but we do not know if the peat moss is
working, it is kind of a guess at that point. The system does take time to spool up and activate.
It takes time for all this microorganisms to grow up and become hungry and healthy so they can
consume this and in periods of dormancy they go to sleep. If you go on vacation for a couple of
weeks there is no water going through this everything shuts down. In the winter it can freeze.
Their design answer for that was some spray foam in the lid. They said well it will keep it warm
enough and it will not freeze, well if you are not there it is not active and you come back and
the pumps pump is it operational or is it going to take a week or so pumping untreated affluent
into the water table before this thing activates? That is another concern. Control systems have
been prone to fail. The studies in Maine, Louisiana, and I believe there was another third State
possibly North Carolina that did report a lot of electrical failures because of the design of the
electronics that control this thing. Another concern is without all testing and reports and New
York State Codes who will inspect the installation? Who will say it is proper and within codes or
recommended how do we know it is right? Who is trained in Queensbury or New York as an
inspector who could be the checks and balances here? This thing can't just be put in the
ground and expect to operate correctly. It takes some design, very careful design and it was
not clear to me reading Appendix 75A who would do that, who would take responsibility for
that? Also, in the Puraflo references, they reference an NS Ansi Standard forty compliance that
has to do with output of affluent. Whether or not would it the septic material is taken out of
the water but New York State Appendix 75A requires an NS Ansi Standard forty six compliant
which has to do more with the components are the components proper and the
components...enough it is kind of a miss match there in what they claim and what New York
State wants as far as output in equipment. Neither addresses NSF ANSI Standards 245 which is
nitrogen production and being that close to the lake and our well and the extra care that is
being put into Glen Lake right now for nitrogen reduction nothing addresses this, because 245
is not mentioned in any of the Puraflo literature as far as nitrogen control. There is a small
reference in nitrogen control which said yea, we reduce it but we have no idea what the
mechanism is within the Puraflo System that control nitrogen.
Supervisor Montesi-Steve, you talk about the electronics part is this system, I guess I could ask
Tom too, is this an alarm system so that if the pump doesn't pump because the field is full that
like many of the holding tank operations that we allow in Queensbury it shuts off the water
flow?
Mr. Miller-It should.
Supervisor Montesi-OK.
Engineer Jarrett-I will explain that in just a second it does.
Mr. Miller-There are other maintenance aspects I mean there are requirements for filters that
are in between the tank and the holding tank down to a thirty second of an inch, which has to
be cleaned periodically. Because another failure mode for these were if the wastewater is too
turbid it can plug the peat moss. Reduce efficiency and lead to failure, and another thing if the
pump is not the proper pump it can grind up the solids too fine and it can actually plug the peat
moss. There has really been no studies to say what is good or bad or what that thing is
recommended one thirty second filter. So, it's we said a lot of concerns, the maintenance the
design of this system and another Appendix 75A requires enhanced treatment units to have a
responsible management entity. Meaning an entity with the resources the technical knowledge
and the skills to maintain a system like this. I do not see anything in the plan that prescribes
that. Who is going to maintain this, who is going check it? I do not want to be canary in the
coal mine here that when my wife and I get sick we know the system has failed. At that point
how do we ... our well? How do we live in our house? How do we do this, we are the closest
ones we are the canaries in the coal mine. We are the test subjects here. We are concerned
about that. This system is not a slam dunk. There are a lot of documented failures some for
maintenance some for design and some for installation. Each one has to be very proper and
exact.
Supervisor Montesi-I wanted to ask you, you said one of your neighbors is on a holding tank, as
I look at your house in front of it, is it the neighbor to the right?
Mr. Miller-It is the one in the log cabin, facing the house from the Lake it is the log cabin has the
holding tank.
Councilman Brewer-Let me ask you this with your research and what not that you have done is
there a system out there you feel more comfortable with or you just didn't look? Not that it
should be your job.
Mr. Miller-I did not look into it I focused on this system. We have talked to the Merritt's a lot
and we, we are just concerned because it is our drinking water, it's our well, it's our house it's
our health.
Councilman Brewer-Understood.
Mr. Miller-I really focused in on this because it is kind of a nice technology and it could answer a
lot of problems. But, technologies are complicated.
Councilman Strough-Steve, two things, I appreciate your concerns but a system failure ok, if you
were down gradient I would be concerned because that is where the system failure is going to
go, but you are up gradient which is good thing to be in.
Mr. Miller-We think
Mrs. Miller-The depth of our well. ..
Councilman Brewer-They think they are they do not know the depth of their well.
Councilman Strough-If it fails and come to the surface it is going to flow downhill. What
happened at Washington County it went into the well system and people...
Mr. Miller-Even then that is into the lake.
Councilman Strough-The other thing to, this isn't the first Puraflo that has come through we
have approved many of these and they have turned out to be pretty successful.
Mrs. Miller-At what distance?
Councilman Metivier-They have been all over the place.
Mrs. Miller-So, they have been less than seventy two?
Councilman Metivier-I would have to go look but they have been around that.
Mrs. Miller-That is my main concern, because we wish our neighbors you know, they want to
improve their quality of living, have a nice home we would love that for any of our neighbors,
but not at the safety of someone else. That has always been what I addressed with Bill that,
that is what I am concerned about. I do not want turn on my water every day and think I am
going to end up sick.
Councilman Metivier-I should know this but what is the distance now between your septic and I
am sorry your well and their septic.
Mrs. Miller-Well, they have upgraded their plan it was only fifty seven feet?
Councilman Metivier-Currently.
Mrs. Miller-Currently right now what is the distance now?
Mr. Miller-It is over a hundred feet.
Mrs. Miller-A hundred and four.
Mr. Miller-But it is also a seasonal residence. It is going to a full time residence,
Mrs. Miller-With a lot of family...and things like that.
Mr. Miller-with an extra bathroom, washer and dryer
Mrs. Miller-They will have room for their family to come more and that is our only concern is
that I do not want to be concerned about our drinking water we did have it tested and we were
concerned about this we wanted to make sure that you know, it is fine and I did give Bill a copy
of this to let him know and show him so we were very cooperative. That is my only concern is
the distance.
Mr. Miller-There is also, we are going to feel obligated to test our water quite a bit now and
there is a concern and an expense.
Councilman Metivier-In the past we have required water testing every three years at the
expense of the applicant, I do not know if that is something they would be willing to do?
Councilman Brewer-Our water plant has a lab that we test there.
Councilman Metivier-I have done I have had some residence water tested at the water lab
there at our water lab too, so there are different options there.
Councilman Brewer-Well, I think if it got to be tested I think it would be not at their expense it
would be at the applicant's expense.
Councilman Metivier-That is what I said, Tim.
Councilman Brewer-Oh, I am sorry I did not hear you.
Mrs. Miller-But even at three years, I mean, I just want that buffer there is a reason why there a
hundred feet.
Councilman Brewer-I understand.
Mrs. Miller-Like I said we wish our neighbors well, we just don't want to do it like you said and
put ourselves at risk. If it fails at a hundred feet, it is a hundred feet, if it fails at seventy two I
do not care if I am up here or down here depending on our well trying to depend on where that
water flow is going to be. It's given me reason to fear you know what might happen.
Mr. Miller-The depth of the well and the uphill, downhill question is really a question, I mean
there has been no one to go out with a transom and really measure that or establish the depth
of our well. We know it is not cased we know anything in the vicinity of the well is at risk. So,
that part of it is a true question mark. We are kind of gambling with our health saying it is
probably ok.
Councilman Strough-Well, what you are trying to say though is you have your well and we have
the septic system and the well has a cone of depression is that enough to suck the effluent from
here to your well up gradient?
Mr. Miller-I understand, but I do not know if it is up or down, I really do not know the depth of
the well.
Councilman Strough-Well we know that the flow probably is up hill toward the lake.
Councilman Brewer-How difficult would it be to find out how deep your well is.
Supervisor Montesi-Well you might have to pull ..
Councilman Brewer-Well,no, there has got to be a way to find out how deep it is.
Mr. Miller-I really do not know of any other technology other than what Supervisor Montesi
said about pulling it up which would likely of put us out of water.
Mrs. Miller-Plus the type of well we have it is not sealed tight.
Supervisor Montesi-Obviously the only true fail safe system I hate to mention this, but the only
true fail safe system with the size of the lots that we are dealing with would be for a holding
tank. That would give you the comfort zone that you need but that could be a difficult. We,
actually some folks on Lake George that is the only it is an exception, and that is the only way
we have done it around the lake.
Councilman Metivier-When you are talking seasonal vs. year round you have variances in place
for holding tanks because technically they are not supposed to be there for year round
residence so there is an issue there as well.
Mrs. Miller-Well we could move our well.
Councilman Metivier-Or you could move your well.
Mrs. Miller-If it is the only other option for safety issues, we don't really want to but if that
would solve some of this we would be willing to do that but not at our expense.
Supervisor Montesi-You are talking about a point well I mean move it fifty feet and not get any
water for three hundred feet.
Mr. Miller-Exactly.
Mrs. Miller-Exactly.
Mr. Miller-Right now we know we have good water we have never had any problems with it
and it's safe to drink.
Supervisor Montesi-I think you have raised some questions that Tom would like to answer and
then it is up to this Board make a decision.
Councilman Brewer-Thank you very much.
Councilman Metivier-I would like to see a copy of that.
Mr. Miller-Thank you for your time.
Mrs. Miller-Thank you.
Supervisor Montesi-Tom, do you have some answers for us?
Engineer Jarrett-There were quite a few points raised I will try to address them all if I miss any if
you have any questions feel free to fire at me. Number one, sizing the system, the existing
house is three bedrooms and we are downsizing to two bedrooms. The Puraflo units are
designed for one hundred and fifty gallons per what they call pod. We are providing two pods
which is three hundred gallons capacity and we are at two bedrooms and we are downsizing
water use by using ultra low flow fixtures so we are going to be generating approximately one
hundred and eighty gallons a day in theory of wastewater with a three hundred gallon a day
system. We also do have the alarm system on the tanks so that if the pump tank fills due to an
electrical failure or something like that the second alarm circuit would trip and the water would
shut off. So, we cannot exceed the capacity of the system. Mr. Miller correctly reported that
Puraflo units are designed on a time dosage basis, the dose X amount of wastewater every few
minutes to keep the system wetted more efficient when it is wetted constantly wetted not
overly loaded and drying out. It only allows so much wastewater per day to be pumped so if
the Merritt's use more wastewater than the system is able to handle it would build up and that
alarm tank shut off the water if needed. So, I think that fail safe is has been provided for and is
exactly what we do on other types of systems within the town anything near a lake we design
that on a pump system or a holding tank system. While I am on the subject, holding tanks are
discouraged by the Health Department they realized how people treat holding tanks how they
ignore them and the current design standards which are out, very recent from the Health
Department discourage holding tanks very much so. They want them used only in extreme
circumstances. I do not feel, and this is my personal opinion and I am bias but I do not feel that
we are in that situation here. First of all let me deal with separation distances and I am going to
deal with horizontal and vertical. The hundred foot separation is a code requirement of New
York State and Queensbury mimics that same requirement. A hundred feet is not a magic
number it dates back from seventy plus years ago when really we had very little knowledge of
how pathogens travel in water. A lot of systems in those days were built right in the ground
water and we found that wastewater really doesn't get any treatment once it hits ground
water. It really moves then laterally untreated but within a hundred feet they found that it was
largely dispersed. Well, it is not really what we are targeting to do today, we really want to
treat it. The key today is to put wastewater through an unsaturated soil column and two feet is
what the Health Department has designed as being ninety nine point nine percent efficient in
removing pathogenic bacteria and viruses. Our system is design with eleven feet of separation
beyond the Puraflo. The Puraflo is the enhanced treatment that we are providing and then
there is eleven feet of soil that is unsaturated. So, not just two but eleven. The issue of down
gradient vs. up gradient, Mr. Strough you have characterized it very, very well. I did a little
homework and the water bodies behind us, meaning to the south Paradise Lake and Mud Pond
are at slightly higher elevations than Glen Lake, which tells me that ground water is moving
toward Glen Lake. So, it would be moving from the Millers well toward the Merritt system and
then toward Glen Lake. Not a guarantee, this is not exhausted hydrogeological study but my
educated opinion is that the water is moving toward Glen Lake. That follows the generally
accepted rule of thumb when it follows the ground surface,just over the ground surface. One
thing to keep in mind is that this proposed system is vastly better than what we have out there
right now. I understand the Miller's are going to be somewhat closer to it, the Merritt system
than currently. But, in general this is a much better situation for the lake and for the other
neighbors. So, it is a balancing point. The question of certification comes up, Puraflo has
requirements regarding installation and they want one of their own trained installers to certify
this system before they will allow it to be put into service at all. I assume this Board is going to
ask me to certify as well. The idea of testing has come up and the Merritt's are willing to except
a condition that they would pay for testing on a periodic basis whatever the Board feels is
appropriate. I do not have any problem putting it as a condition that is there is a positive test
on a water that we come back to this board and report on those findings and address this
board.
Councilman Strough-The last part you would be willing to pay for the water testing?
Engineer Jarrett-Yes.
Councilman Strough-For how many years?
Engineer Jarrett-Probably into perpetuity.
Councilman Strough-Every three years, or
Engineer Jarrett-I suppose some reasonable limit that it proves to be clean for ten years or
something maybe we should ceases it then.
Councilman Metivier-I was thinking if you did it after the first year of occupancy and then every
three years after that. At least for a period of time.
Engineer Jarrett-We should hear from the Miller's and see if they are comfortable that that, but
we could certainly live with that.
Councilman Strough-And you do measure from the outer edge not the center.
Engineer Jarrett-Typically now ystems are designed two different ways they it is applied
through the bottom of the actual pod units onto a stone bed and then it would be measured
from the edge and then they also have a pipe discharge from the bottom of the pods and you
measure it where it first enters the leaching system. In our case it is from the edge of the stone
pad which I think we have done, I believe that is what we did. So, it is little trickier than just to
say edge, but that is a safe way to look at it.
Supervisor Montesi-Any more questions from the Board?
Councilman Brewer-No, I am pretty well..
Supervisor Montesi-Any other questions from the public?
Councilman Brewer-You can ask them if they are satisfied with the testing that Tom said they
will do.
Supervisor Montesi-Miller's if this is approved then what the Town Board is recommending is
one year testing after the installation and then every three years after that.
Councilman Strough-So, for a period of ten years.
Mr. Miller-The first one would be year...
Councilman Metivier-Right, so we would compare the first year testing to your base line and
then we would do it every three years for ten years.
Mr. Miller-I would like to see the first two annually before the big spread.
Councilman Metivier-Ok.
Mr. Miller-The first three or four because just, I am truly concerned about this
Councilman Metivier-That is fine, how about a three year
Councilman Brewer-Annually for three years and after
Councilman Metivier-And another every three years so you are at twelve years.
Mr. Miller-Let me as a hypothetical here on the record if you do in fact detect something what
would happen?
Councilman Metivier-That is a great question.
Engineer Jarrett-I am proposing that we would come back to this board and address that issue.
Mr. Miller-That really doesn't answer my question
Councilman Metivier-Yea, what happens to you.
Councilman Brewer-I would say you would have to rectify the problem.
Engineer Jarrett-The problem could be very, very difficult, what I am saying as a minimum I
have to come back here and report to you, I have to come up with some answers.
Councilman Strough-We can determine through objective means that this system is polluting
his well would the owner be willing to pay for a new well if we can prove that this system
infecting that well?
Engineer Jarrett-I will speak for them, we talked about that and I believe they would be, yes.
Councilman Brewer-They would have to rectify the problem if they created a problem I think it
is only fair that they.
Engineer Jarrett-If it is proven that this system is causing that well to be contaminated then we
will...
Councilman Metivier-My one concern is they may have mentioned the house that is now
abandoned
Mr. Miller-Unoccupied.
Councilman Metivier-Unoccupied
Engineer Ja rrett-If it suddenly becomes occupied
Councilman Metivier-And then all of a sudden there is a problem how would you
Engineer Jarrett-That is one of the reason I would want to come back here because it may be
complicated to sort out what the situation is and we may have to report to you that we need
more investigation to decide who is at fault or what is at fault.
Mr. Miller-In the event that we come back with a positive result is just test right at the point of
the Puraflo to see what the output is and if it is above advertised production level then we
would consider that the source of the pollution.
Councilman Brewer-I think we have to prove it is the source
Councilman Strough-Well we would hire an engineer, we would get engineers involved in this
to prove that, that was the case.
Engineer Jarrett-In theory that sounds very good but normally what you have to use is a
lysimder it is called a Lysimeter to collect wastewater below the soil profile you cannot take a
...directly out of the Puraflo unit because that is not the designed to be the discharge to the
environment. So, we would have to collect something at the bottom of the soil column and it
requires a Lysimeter which is kind of complicated. That is why we need to probably weigh in all
the circumstances if there is a problem.
Councilman Brewer-I think we would come back anyway.
Mr. Miller-Can I just add something to it that part of the selling point of the puraflo is that
reduces things to a certain level and if we detect that it is not fully operational I think that
should be put into the conditions of the tests that ...described but I think also that it prescribe
some maintenance fixing whatever of that system.
Engineer Jarrett-He raises a good point there, it certainly will be a much higher quality coming
out of the Puraflo unit it won't be the absolute end of pipe quote unquote quality that we are
looking for but it is going to be a higher quality. We can monitor that for efficiency of the
system for sure.
Councilman Strough-Well, we could also maybe add in our conditions that any failure of the
system be reported to the Town.
Engineer Jarrett-Right.
Councilman Strough-So that we can address it.
Engineer Jarrett-Now I hate to spend the Merritt's money but you could also ask for some kind
of maintenance report done every X number of years and sent to the Town provide a copy to
the Town. Maybe the Puraflo representative is the installer is called to look at the system and
Councilman Brewer-I think the testing would be adequate for the Town.
Supervisor Montesi-I would think the Merritt's would want to do that themselves.
Engineer Jarrett-It is a very wise thing to do anyway. I think the Merritt's have certainly shown
me that they are interested in protecting the lake.
Supervisor Montesi-It is two hundred and fifty bucks to pump your septic tank this is a kind of
maintenance that you know, inspection you have to do.
Councilman Metivier-Would your local septic people be able to?
Engineer Jarrett-No, typically they do not have the experience to do this. I think an authorized
Puraflo representative would be the minimum you would want to look for.
Councilman Metivier-Are they bias?
Engineer Jarrett-Not when you are looking at scientific data and they know where to sample
and how to look at data. You can also ask for it to be reported by a PE.
Councilman Brewer-Yes, because they are going to put their stamp on it.
Engineer Jarrett-Somebody has got to have some additional credibility and they have got some
recourse.
Supervisor Montesi-I mean, what we are dealing with here is very similar to what many of the
folks in the fracking areas are dealing with, how is my well going to be effected when you start
you know drilling for in your fracking.
Engi nee rJarrett-You are right it is a similar type situation.
Supervisor Montesi-And that was one of the things that DEC asked for very specifically you are
going to drill in this area all the wells in the area have to have a base reading. Well, we got the
base reading so that is a good start.
Engineer Jarrett-Not to be argumentative but we have sewage right now we are just trying to
find a better way to manage it.
Councilman Brewer-Do a resolution.
Supervisor Montesi-All right, thank you.
Engineer Jarrett-Thank you.
Councilman Brewer-Did you jot down the
Town Counsel Hafner-Can I just make sure that I, so the Town Clerk has it for the record all of
the items that you
Councilman Brewer-Conditions
Councilman Strough-Do you want to go through yours and I will check it with mine.
Town Counsel Hafner-Sure, the first condition was that the Miller's water will be checked
annually at the expense of the Merritt's for the first three years after occupancy and thereafter
every three years until a twelve year period expires, that is number one. Number two, if a test
of the water comes back negative then the Merritt's or owner of the property have to come
back to the Town Board and it has to be reported and they have to come back before the Town
Board.
Supervisor Montesi-We have to say either positive or negative. Negative means it is ok,
positive means there is a problem.
Engineer Jarrett-If there is coliform readings in their well I think is what you are looking for.
Supervisor Montesi-That would be a positive reading.
Engineer Jarrett-Yea, typically that is going to be indicator of sewage is coliform in their well.
Total coliform can come from anywhere, fecal coliform typically comes from some kind of warm
blooded mammal but coliform we would be willing to live with coliform in general and then
assess what the situation is.
Town Counsel Hafner-If the test comes showing coliform the property owner must resolve the
problem if proven that it's from their system. If they find any failure of their system it has to be
reported to the Town. I wasn't sure I got the last thing, that either authorized Purafo
representative for PE
Engineer Jarrett-Installer, actually both is what we
Town Counsel Hafner-and a PE would have to
Engineer Jarrett-The Board questioned whether the Puraflo installer was going to be bias and I
said as long as you require a PE to submit that report and certify the report then you loose that
bias.
Town Counsel Hafner-And that is going to be a regular inspection?
Engineer Jarrett-The Board has not picked a time frame on that.
Councilman Metivier-No, you would, I would think in that since you typically get septic every
three years I mean, would it be three years is that too often, five years?
Engineer Jarrett-Three to five is what I typically would see and I am not sure if I can remember
what Puraflo recommends. I do not recall.
Supervisor Montesi-According to Mr. Miller, he said that the Puraflo representatives said that
sometimes at five years the material needs to be replaced.
Engineer Jarrett-I can see that being the extreme case, we have not heard of that happening
there are a lot of Puraflo's around, they are very popular because, for a lot of reasons. But, we
have not heard of any failing within five years unless they are not installed properly.
Councilman Strough-We could go five and ten whatever you want. Inspected five years
Town Counsel Hafner-Inspected every five years by an authorized Puraflo Representative
reviewed by
Engineer Jarrett-And a report submitted by a PE.
Town Counsel Hafner-Report submitted by PE to the Town Board. That was all the items.
Councilman Strough-Installation will be by a Puraflo certified installer and Tom offered this that
Jarrett Engineering would also certify the system.
Engineer Jarrett-I suspected you were going to ask for that.
Councilman Strough-You offered that and I took it.
Mr. Merritt-Quick question on the coliform seems to be a narrow scope of failure because
there are nitrates and other things that can cause a well to be not good, do you still want to
narrow the scope to coliform failure did occur, coliform count was still below one something
else raised that we couldn't initiate some type of investigation at least check the system to see
if it is operational.
Councilman Strough-Do you want to add nitrates to the coliform.
Councilman Brewer-Nitrates could come from
Councilman Metivier-Is that typical.
Engineer Jarrett-That scares me a little because nitrates
Councilman Brewer-From fertilizer.
Engineer Jarrett-from fertilizers and it scares me a little bit to do that.
Councilman Strough-You should not be using fertilizers.
Councilman Brewer-But it is not against the law John.
Engineer Jarrett-We can certainly look at the well test results and compare it with the base line
data and if there are significant differences then we would be willing to come back to the
Board.
Councilman Strough-Did you get the wording for that?
Town Counsel Hafner-No I didn't that.
Councilman Brewer-If there is a significant difference in the testing then they will come back.
Engineer Jarrett-We will look at the recent testing compare it with the base line and if there are
significant differences we will report.
Councilman Brewer-How far can we go, this is pretty belts and suspenders here.
Town Counsel Hafner-The Town Clerk should get that copy of the report so she has it for the
base line.
Mr. Merrill-..an observation of the motion the five year Puraflo inspection or sooner...company
they are the experts on the subject matter experts and they say we really would like to check it
after the first yearjust to make sure it is up and running I think that would be great.
Engineer Jarrett-Fair condition.
Councilman Strough-Ok. Got that.
Councilman Brewer-Upon recommendation though, not necessarily have to do it?
Engineer Jarrett-No, less frequent than five years.
Mr. Merrill-Or to manufacturer specs.
Engineer Jarrett-The Merritt's want this to work too.
Councilman Strough-Do you want to read this back?
Town Counsel Hafner-I have read them ..they are on the tape, that is what I was talking to the
Town Clerk about.
Supervisor Montesi-Are we ready to accept a motion?
RESOLUTION APPROVING WILLIAM AND CAROL MERRITT'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: 3,2013 BOH
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, William and Carol Merritt filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new wastewater system
with the new absorption field to be located:
1. 0' from the property line instead of the required 10' setback;
2. 72' from a well(Miller, Stephen)instead of the required 100' setback;
3. 95' from a well(Gwinup,Daniel)instead of the required 100' setback;
4. 11' from the dwelling instead of the required 20' setback;
5. 97' from Glen Lake instead of the required 100' setback;
6. 93' from a well(Merritt,William)instead of the required 100' setback;
on property located at 103 Birdsall Road in the Town of Queensbury,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 variance requests on
Monday,January 28h,2013,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,the Local Board of Health determines 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 fmds that the granting of the variances is necessary for the reasonable
use of the land and are 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 William and Carol
Merritt for variances from the Sewage Disposal Ordinance to install a new wastewater system with the new
absorption bed to be located:
I. 0' from the property line instead of the required 10' setback;
2. 72' from a well(Miller, Stephen)instead of the required 100' setback;
3. 95' from a well(Gwinup,Daniel)instead of the required 100' setback;
4. 11' from the dwelling instead of the required 20' setback;
5. 97' from Glen Lake instead of the required 100' setback;
6. 93' from a well(Merritt,William)instead of the required 100' setback;
on property located at 103 Birdsall Road in the Town of Queensbury and bearing Tax Map No.: 289.17-1-
38,contingent upon:
1. completion by applicants (or future owners of the property) of water testing of Stephen
Miller's well (or of future owners of such well) after the installation of the new wastewater
system to ensure that such well is not contaminated, annually for first three (3) years after
occupancy, and thereafter, such testing shall occur every three (3)years up to a total period
of 12 years;
2. if such water testing comes back positive (coliform readings in the well), then the applicants
(or owners of the property)must report the issue, come back to the Town Board and resolve
the problem if proven that there is a significant difference with the baseline readings, which
were provided to the Town Board at this meeting;
3. applicants (or future owners of the property) must report any failure of the system to the
Town;
4. an authorized Puraflo representative and an engineer must inspect and certify a report of the
system after the system installation and every 5 years thereafter (or sooner if suggested by
the Puraflo company)and submit such report to the Queensbury Town Clerk;
5. installation of such system shall be by a certified Puraflo installer; and
6. Jarrett Engineering will certify to the Town that such system is installed properly.
Duly adopted this 28th day of January,2013,by the following vote:
AYES : Mr.Metivier,Mr. Strough,Mr.Brewer,Mr.Montesi
NOES : None
ABSENT: None
RESOLUTION ADJOURNING BOARD OF HEALTH
RESOLUTION NO. 4, 2013 BOH
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Queensbury Board of Health is hereby adjourned by the
following vote and moves back into regular session.
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
TOWN BOARD MEETING
2.0 PUBLIC HEARINGS
2.1 Public Hearing — Proposed Local Law of 2013 Authorizing The Award
Of Contracts On The Basis Of Best Value
NOTICE SHOWN
PUBLICATION DATE: JANUARY 18, 2013
Supervisor Montesi-This is something that our finance lady, comptroller Barbara has
recommended that it would save us some money it would save us some time. Best value based
on the State's New York State's financial law means for awarding contracts for services to the
officer which optimizes quality, cost and efficiency among responsive and responsible bidders.
Such bias shall possibly be object and quantitatively analysis. So, this is the purchasing law for
the State of New York there is a clause in there that says that we do not have to necessarily
accept the lowest bid but the best bid. It is the Boards decision to change this and our
purchasing.
The public hearing is open.
Mr. John Reilly-I have a questions about that. To open that up and allow a municipality to go
with the non-lowest bidder kind of opens a can of worms. Is there going to be some type of,
are there additional regulations is there public disclosure that if that decision is made there has
to be additional justification other than well this one was just better.
Councilman Brewer-I would agree I think you have to verify why it is better I mean you should
not have to not just because its
Councilman Strough-The Town Board can't just do it. There has to be a recommendation from
the purchasing agent, the department head, it has to go through those hurdles before it even
comes to us if we are going to take, we are not going to take the lowest bidder. Now, currently
what is on the books too, is we are allowed to take the lowest responsible bidder. Now, you
can say well what's the difference.
Mr. Reilly-Sure you could say that.
Councilman Strough-But, again as a kind of insurance that it is not just the Board making the
decision there are two other entities here, the purchasing agent and the department head have
to agree if it is not going to be the lowest bidder that the better value is...
Councilman Brewer-Best value is defined in Section 163 of New York State Finance Law.
Councilman Strough-That is what Ron just read.
Councilman Brewer-Right.
Supervisor Montesi-But basically what happens to is that and all the ones that I have seen we
get a spread sheet and it shows the individual bidders and it shows their costs so I mean
Councilman Brewer-It is done in public view.
Supervisor Montesi-That is public view, and when you look at that you would have say well, the
best bidder he would have to be really, really good if there is a substantial difference in the
lowest bid. I do not think I have seen many big variations in the bid that have come before us.
Councilman Metivier-Oh, I have.
Mr. Reilly-When you are dealing with things like insurance where it can be a hundred or
hundred and fifty thousand dollars that you are talking about very often the best product
Councilman Metivier-Is not the cheapest.
Mr. Reilly-Is not the cheapest, but beyond that you know,
Councilman Brewer-You have to have justification is what you are saying.
Mr. Reilly-To say well it come through three different parts of the town it is kind like calling
family vote. Who gets along with Dad better. I am going to tell you now I am going to lose
those vote in my household.
Councilman Strough-Well, again, we are subject to the lowest bidder however you are allowed
the best value option is defined by what Ron just read in Section 163 of State Law. You also
have to have the recommendation of the purchasing agent, the department head which would
include their opinions have to include specific factors to be applied in determining the best
value, reflecting objective and quantifiable analysis. In otherwords it cannot be very whimsical
in nature its.
Town Counsel Hafner-It would be on the public record and one real life example that we have
had in the past is the water department has certain types of pumps that they have, that they
have people who are trained on a certain one and they have experience and other pumps might
come in cheaper if went out to bid but this is the one that the people know how to work on.
That is the type of objective type evidence that I was envisioning would be brought before the
Board to consider in the price difference is X but this is savings in time and ...
Councilman Brewer-You might buy two different brand pumps but if one doesn't fit our need
just because it is a pump and it pump similarly
Town Counsel Hafner-That is a real life example that I have seen,here.
Mr. Reilly-I understand to save thirty percent but have to replace it at twice the rate is not a
savings.
Councilman Brewer-Exactly.
Mr. Reilly-We are looking to see if there are part that the Town Board can find in their vote a lot
of times things go through quickly sometimes there is an explanation as to why sometimes
there is not. Just looking to see what the requirements are.
Councilman Strough-I think if we are not going with the lowest bidder John, I understand your
concerns and I think they are well founded but in this case I am just trying to give you some
assurance and make the public aware to. You just cannot say I think the second highest bidder
is the better one that is my opinion. You cannot do that. You have to have the criteria that I
have read previously.
Councilman Brewer-It has to be given to the Town Board by two other people the purchasing
agent and the department head and they have to justify why they want us to do it.
Mr. Reilly-Ok. Thanks.
Supervisor Montesi-Any other,John
Mr. John Salvador-If you have a good tight specification why not take the lowest bidder.
Supervisor Montesi-Just for the reason that Bob raised with the water department there was a
situation with we had tight specifications but the pumps that we were using are whole system
over there is made by one manufacturer and we did not want to change that.
Mr. Salvador-Yea, but you can put out a inquire specification that says equal to, and a supplier
who wants to bid the job he has to his supply has to be equal to what you are using.
Councilman Metivier-But in the case that he wasn't another bid came and it was higher we
could justify going with the higher bid.
Mr. Salvador-What you are setting yourself up for if someone is coming in with a bid that is
higher than the lowest bid doesn't meet the specifications you should give the other people an
opportunity to re-bid.
Councilman Metivier-Sure we do that all the time.
Mr. Salvador-You have the opportunity to reject any and all bids. If you are not satisfied with
the bids that is what you should do and go out again for bid. But, you have to have a good
specification. I cannot understand how, why you have to get into this. It is going to allow your
people who are writing inquiries specifications to do sloppy work. They are not going to be
compelled to really nail down what they want, so that the bidders all have an opportunity to
have a level playing field.
Councilman Brewer-I will not say it doesn't make some sense but, what was the reason for
bring this forward, who brought it forward and why?
Councilman Strough-Barb
Councilman Brewer-Why though, for dollar amounts or ..why don't we pull it and find out.
Town Counsel Hafner-This was something that the State has allowed for its own agencies.
Councilman Brewer-Because the State does it doesn't necessarily mean we should do it.
Town Counsel Hafner-...they are now allowing towns to do it. They have set it up that the Town
can only do it if they go through this process of having a local law. It was an extra option that
the State is giving to municipalities to try and help them save money overall if not necessarily in
the short term of buying things. I think the expectation is that often you will stick with the tried
and true GML 103 which is one that you go with the lowest responsible bidder. But, there are
opportunities that municipalities may wish that they had this. We do not make policies this was
a recommendation ...
Councilman Brewer-No, now the more I think about it I hate to say this I agree with him I mean,
if we, I am saying it in jest John, if we want a specific rubber band we can make the spec to say
we want that rubber band and if somebody can supply us the rubber band for twelve cents or
two cents we ought buy it for two cents, if it fits the specs.
Councilman Strough-Well that is what this law says, you do have to go with the lowest bidder
unless
Councilman Brewer-It says you do not have to go with the lowest bidder,John.
Councilman Strough-The last time you bought this rubber band from the lowest bidder the
rubber bands turned to be old and frail and it broke every time you tried to stretch them.
Councilman Brewer-To me I would change the specs so that does not happen.
Councilman Strough-All right you forgot to do that, that first time when you sent the specs out.
Supervisor Montesi-This is a public hearing, this is a rule if we are uncomfortable with it vote it
down. If you do not have enough justification.
Councilman Brewer-I do not see the specific need to have to do that Ron. I can understand
some circumstances but if the example you gave was the pump we want to match the pump
and John said well, it has to be equal to or better than, then that is what we do.
Town Counsel Hafner-In that particular case there was people's training ability on a particular
type of pump that pump could be equal in what it can do but as far as the staff being able to
use it there was a difference because of training and experience. Again, it is the Town Board's
decision.
Councilman Strough-Well, I see it as an option that, like I said it has criteria that you have to
abide by but when we have the crematorium bid there was somebody that we were not
familiar with
Councilman Brewer-That is a service that we have and they are the only people that do it that is
why we went with them. The only people that service their machines.
Councilman Strough-Wasn't there another bidder but they were not familiar with the system.
Councilman Brewer-I do not recall that. I actually don't. I can understand, we had some
conversation that ..
Councilman Strough-Well there is nothing compelling if you want to table this and get more
information, I might allow that...
Mr. Salvador-If you involved with a single source supply you do not go out to bid, that answers
that question.
Councilman Brewer-There is no reason for a bid. If you spend a certain amount of dollars you
have to don't you Bob?
Town Counsel Hafner-Yes.
Supervisor Montesi-We can table this or we can call the vote on it, what is your pleasure guys.
Councilman Brewer-I would like to talk to Barbara more about it, you guys can vote on it if you
want but you are not going to convince me vote positive tonight.
Councilman Metivier-Lets do nothing on this right now on this and talk to Barb.
Supervisor Montesi-We are going to close the public hearing or keep it open.
Councilman Metivier-Keep it open for now.
Councilman Brewer-Then if we decide we are going to vote on it we can give an explanation.
Supervisor Montesi-Ok.
2.2 Public Hearing-Proposed Local Law of 2013 To Amend Queensbury
Town Code Provisions Relating To Recreation Fee Assessment
NOTICE SHOWN
PUBLICATION DATE: JANUARY 18, 2013
Supervisor Montesi-For the last twenty years we charged five hundred dollars
recreation fee to dwelling units, new dwelling units subdivision, houses,
apartments, whatever, building permits were issued. We are going to raise that,
this has been for twenty years we are going to raise that to eight hundred and
fifty dollars and this is for the recreation fee. Through the years that recreation
fee has at one point it had over a hundred thousand dollars in it.
Councilman Brewer-It has four hundred at one time.
Supervisor Montesi-Four hundred thousand yea, that is right, we did the
Jenkinsville Park over, paid for that we built the new building at Jenkinsville this
year, we repaired the swimming pool. It is a trust fund if you will a reserve fund
that has been very meaningful for the recreation department and the justification
twenty years ago was that new folks moving into town have an impact on the
recreation needs of our community. This helps, this fee helped pay for that. If we
put this into effect today this will go into effect
Town Counsel Hafner-It becomes into effect upon filing with the State.
Councilman Metivier-How long does that take?
Town Clerk Dougher-I send it out tomorrow and the most I have ever seen is four
days.
Councilman Metivier-In multi-family dwellings are per unit.
Supervisor Montesi-Per dwelling unit.
Councilman Metivier-So, if you have four units in one building that is four units.
Councilman Brewer-Four times eight fifty.
Councilman Metivier-Just so people know that apartments are getting charged
per unit and not per building. The question will be raised.
Supervisor Montesi-The public hearing is open.
Councilman Strough-Steve Lovering also pointed out that if you put this into an
inflation calculation it would be eight hundred and fifty dollars. The five hundred
dollars if you had risen it for the inflation every year it would eight hundred and
fifty dollars today.
Supervisor Montesi-Actually eight fifty three.
Councilman Brewer-That is where he came up with the number then.
Councilman Metivier-At this point we are not touching commercial.
Supervisor Montesi-No, we are not touching commercial.
Any comments from the public? None
SEQRA
PART II IMPACT ASSESSMENT(TO BE COMPLETED BY LEAD AGENCY)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? IF YES, COORDINATE THE
REVIEW PROCESS AND USE THE FULL EAF. No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR
UNLISTED ACTIONS IN 6 NYCRR PART 617.6? IF NO, A NEGATIVE
DECLARATION MAY BE SUPERSEDED BY ANOTHER INVOLVED
AGENCY. No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED
WITH THE FOLLOWING (ANSWERS MAY BE HANDWRITTEN, IF
LEGIBLE)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic
patterns, solid waste production or disposal. Potential for erosion, drainage or flooding problems?
Explain briefly.
NO
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or
community or neighborhood character? Explain briefly.
NO
C3. Vegetation or fauna,fish, shellfish or wildlife species, significant habitats, or threatened or
endangered species? Explain briefly.
NO
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of
use of land, or other natural resources? Explain briefly.
NO Only a positive impact
C5. Growth, subsequent development, or related activities likely to be induced by the proposed
action? Explain briefly.
NO
C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly.
NO
C7. Other impacts (including changes in use of either quantity or type of energy? Explain
briefly.
NO
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT
CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? IF YES, EXPLAIN
BRIEFLY
NO
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE
ENVIRONMENTAL IMPACTS? IF YES, EXPLAIN BRIEFLY.
NO
RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2013 TO AMEND
QUEENSBURY TOWN CODE PROVISIONS RELATING TO
RECREATION FEE ASSESSMENTS AND ADOPTING SCHEDULE OF
RECREATION FEES PAYABLE IN LIEU OF PARK LAND DEDICATION
RESOLUTION NO.: 86,2013
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
1 of 2013 entitled, "A Local Law Amending Recreation Fee Assessment Provisions of
Queensbury Town Code", which Law is intended to amend Article I of Chapter 124 of the Town
Code, which sets forth the requirements for dedication of park lands or payment of recreation fee
assessments for multi-family developments, subdivisions, planned unit developments and other
development, to impose such recreation fee assessments in certain circumstances on new
dwelling units, including single-family dwellings, duplexes and two-family dwellings, multiple-
family dwellings, apartments, condominiums, townhouses and/or manufactured and modular
homes, but not including mobile homes, and authorize the Town Board to establish and amend
such fees and the Fee Schedule from time to time by Resolution, and to set the fee per dwelling
unit or lot in accordance with amounts to be specified in a Fee Schedule, and
WHEREAS, adoption of this legislation is authorized by New York State Municipal Home
Rule Law §10, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law and the Town Board duly held such
public hearing on Monday, January 28th, 2013 and heard all interested persons concerning such
proposed Local Law, and
WHEREAS, adoption of proposed Local Law No.: 1 of 2013 constitutes an "Unlisted
Action" under the New York State Environmental Quality Review Act ("SEQRA") and an
Environmental Assessment Form for the proposed Local Law was prepared and has been reviewed
by the Queensbury Town Board,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that proposed Local Law
No.: 1 of 2013 will not result in any significant adverse environmental impacts and therefore directs
that a Negative Declaration to that effect be issued in accordance with SEQRA, and
BE IT FURTHER,
RESOLVED that the Town Board hereby approves, adopts and enacts Local Law No.: 1 of
2013 entitled, "A Local Law Amending Recreation Fee Assessment Provisions of Queensbury
Town Code", as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves and adopts the Town of
Queensbury Schedule of Recreation Fee Assessments for Development, also presented at this
meeting, which shall be effective upon the filing of Local Law No.: 1 of 2013 with the Secretary of
State, 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 in the office of the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Counsel, Director of Parks and Recreation and/or Town Clerk to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 28th day of January, 2013, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES None
ABSENT : None
TOWN OF QUEENSBURY 2013
SCHEDULE OF RECREATION FEE ASSESSMENTS FOR
DEVELOPMENT:
Fee per assessable lot or dwelling as defined in Chapter 124 of the Town
Code: $850.00
3.0 PRESENTATION
3.1 Dave Wick From Lake George Park Commission — Presentation Invasive
Species (Presentation on Lake George Park Commission home page)
Mr. Wick-(gave out handout to the Town Board) This is an update as to the Park
Commission projects...
a. Spoke Asian Clam Project Report seven acres done in Lake George,
report to follow in spring...
b. Spoke on Zebra Mussel hand harvest
c. Lake George Invasive Species
C1. Proposal of Lake George Commission —Boat Washing; Clean, Drained
and Dry- Fee attached to the current boat registration a doubling of the
fee — average increase of thirty five dollars, come as many times as you
want for washing and inspection...the program cost between six
hundred and fifty and seven hundred thousand dollars a year. (boat
washing and inspection) draft form only on this project also spoke
about the frozen boats program and Lake George only boats...
Supervisor Montesi-Indicated that he will present to the Town Board a resolution
regarding protection of Lake George There are fourteen miles shore line in Lake
George in the Town of Queensbury we are a meaningful player. Thank you
4.0 RESOLUTIONS
AUTHORIZING PURCHASE OF SNOW REMOVAL EQUIPMENT FOR
PARKS & RECREATION DEPARTMENT
RESOLUTION NO.: 87,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Director of Parks and Recreation (Director) has requested that the
Queensbury Town Board authorize the purchase of certain snow removal equipment for the
Department of Parks and Recreation's use to maintain its nine (9) separate parking lot areas during
the winter months to provide public access to winter recreation areas, and
WHEREAS, the Director obtained quotes for such equipment (snow plow and sand/salt
spreader) and the lowest received quote is in the amount of $9,492 from T&T Body King of
Queensbury as set forth in T&T Body King's quote dated January 8th, 2013 and presented at this
meeting, and
WHEREAS, the Director has therefore recommended that the Town Board approve such
purchase from T&T Body King of Queensbury, and
WHEREAS, there are sufficient funds in the Town Budget for such proposed purchase,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the purchase of a snow
plow and sand/salt spreader for the Department of Parks and Recreation's use from T&T Body King
as set forth in T&T Body King's quote dated January 8th, 2013 for an amount not to exceed $9,492
to be funded from the Equipment/Vehicle Replacement Capital Project Fund 9195, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Parks and Recreation 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 28th day of January, 2013, by the following vote:
AYES : Mr. Strough, Mr. Brewer,Mr. Montesi, Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING PURCHASE OF 2013 FORD TRUCK FOR
USE BY BUILDING AND GROUNDS DEPARTMENT AND AUTHORIZING
ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE TRUCK
RESOLUTION NO.: 88, 2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Facilities Manager has requested Town Board
approval to purchase a 2013 Ford F-550 4WD truck to replace an obsolete 2001 Ford truck in his
Department(VIN 9: 1FTSF31L51EA52908) and
WHEREAS, there are sufficient funds in the Town Budget for such proposed purchase, and
WHEREAS, the New York State Legislature adopted legislation allowing any political
subdivision in New York State to "piggyback" off an existing County Bid and therefore, the Town
of Queensbury is"piggybacking"with Chautauqua County in this instance, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
WHEREAS, in accordance with New York State Town Law §64(2), the Town Board may
authorize the sale of items which are no longer needed by the Town or obsolete, and therefore the
Town Board wishes to authorize the sale of the obsolete 2001 Ford pick-up by using the auction
company GovDeals to dispose of such truck,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Facilities
Manager's purchase of a 2013 Ford F-550 4WD truck in the amount of$45,339.61 from Van Bortel
Ford, Inc., to be funded from Equipment/Vehicle Replacement Capital Project Fund 9195, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the 2001
Ford pick-up truck (VIN 4: 1FTSF311,51EA52908) that is no longer needed by the Town or
obsolete, 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 vehicle, and
BE IT FURTHER,
RESOLVED, that all Town proceeds from the sale shall be deposited into the appropriate
revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and
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,
Facilities Manager, Budget Officer and/or Purchasing Agent to take such other and further action as
may be necessary to effectuate the terms of this Resolution.
Duly adopted this 28th day of January, 2013,by the following vote:
AYES : Mr. Brewer, Mr. Montesi, Mr. Metivier,Mr. Strough
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
PURCHASE OF A NEW 314 TON EXTENDED CAB 4X4 PICK-UP
REPLACEMENT TRUCK FOR TOWN WATER DEPARTMENT
RESOLUTION NO.: 89, 2013
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town's Water Superintendent wishes to advertise for bids for the purchase
of a new, 2013 3/4 Ton Extended Cab 4x4 Pick-Up Truck to replace a 1999 truck in the Water
Department as will be specified in bid specifications to be prepared by the Superintendent and/or
Purchasing Agent, and
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, 2013 3/4 Ton
Extended Cab 4x4 Pick-Up Truck for the Town Water 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 28t1i day of January, 2013, by the following vote:
AYES: Mr. Montesi,Mr. Metivier,Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING TOWN OF QUEENSBURY WATER
DEPARTMENT CIVIL ENGINEER TO ATTEND NEW ENGLAND
WATER ENVIRONMENT ASSOCIATION ANNUAL CONFERENCE
RESOLUTION NO.: 90,2013
INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Water Department Civil Engineer has requested Town
Board authorization to attend the New England Water Environment Association Annual Conference in
Boston,MA from January 27"'-28th, 2013 at an estimated cost of$705, and
WHEREAS, the Town Board previously authorized allocation of funds for conference expenses
within the Town Water Department's 2013 Budget,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town's Civil Engineer to
attend the New England Water Environment Association Annual Conference in Boston, MA from
January 27th- 28th, 2013 at an estimated cost of$705,and
BE IT FURTHER,
RESOLVED,that necessary and reasonable expenses in the estimated amount of$705 incurred at
such conference shall be deemed proper Town charges and shall be paid for from Account No.: 032-
8120-4400,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water
Superintendent, Civil Engineer and/or Budget Officer to take any action necessary to effectuate the terms
of this Resolution.
Duly adopted this 28th day of January, 2013,by the following vote:
AYES Mr.Metivier,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES None
ABSENT: None
RESOLUTION AUTHORIZING DONATION OF SICK TIME TO
MECHANIC EMPLOYED IN WATER DEPARTMENT
RESOLUTION NO.: 91, 2013
INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, a Mechanic employed in the Town's Water Department (Employee), has been
diagnosed with a potentially terminal, critical illness, and
WHEREAS, Employee is expected to exhaust all paid leave available to him, including all sick
leave, and
WHEREAS, certain fellow employees have expressed the desire to donate a portion of their
accumulated sick leave time to Employee to assist him during his illness, and
WHEREAS, the Employee is represented by the Civil Service Employees Association, Inc.,
Local 1000, AFSCME, AFL-CIO (CSEA), which has joined the request that employees be permitted to
donate sick leave to the Employee, and
WHEREAS,the Town Board wishes to allow such donation of sick time,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the donation of sick leave time
by Town of Queensbury Union and/or Non-Union employees to assist Employee during his time of
critical illness, and
BE IT FURTHER,
RESOLVED, that any employee of the Town of Queensbury who has more than 40 hours of
accumulated sick leave may voluntarily donate any hours above 40 hours, in two (2) hour increments, as
directed by the employee provided that the donating employee signs an acknowledgment of the donation
and recognizes that once donated the leave cannot be restored under any circumstances, and
BE IT FURTHER,
RESOLVED, that the Employee may use donated leave under the same terms and conditions as
earned sick leave, except that there may not be any payout of unused donated leave under any
circumstances, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water
Superintendent and/or Budget Officer to take any action necessary to effectuate the terms of this
Resolution.
Duly adopted this 28"'day of January,2013,by the following vote:
AYES : Mr. Strough,Mr.Brewer,Mr.Montesi,Mr.Metivier
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING ADDITION OF SCOTT HONSINGER
AS ELECTRICAL INSPECTOR AT MIDDLE DEPARTMENT
INSPECTION AGENCY, INC.
RESOLUTION NO.: 92,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or
individuals to perform electrical inspections within the Town and by previous Resolution the Town
Board determined that the Middle Department Inspection Agency, Inc., met this criteria, and
WHEREAS, Middle Department Inspection Agency, Inc., has hired Scott Honsinger as an
electrical inspector and has requested that the Town Board approve Mr. Honsinger as an approved
inspector, and
WHEREAS, the Town's Director of Building and Code Enforcement has reviewed Mr.
Honsinger's credentials and has recommended that the Town Board authorize Mr. Honsinger to
perform electrical inspections within the Town,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes Scott Honsinger of
Middle Department Inspection Agency, Inc., to make electrical inspections within the Town of
Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter
80, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town's Director of
Building and Codes Enforcement to take any action necessary to effectuate the terms of this
Resolution.
Duly adopted this 28th day of January, 2013, by the following vote:
AYES : Mr. Strough, Mr. Brewer,Mr. Montesi, Mr.Metivier
NOES : None
ABSENT: None
RESOLUTION APPOINTING PATRICIA BURNARD AS
PART-TIME SCHOOL TRAFFIC OFFICER
RESOLUTION NO. 93,2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, a 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 Patricia Burnard as a
School Traffic Officer (Crossing Guard) on an "on-call" basis only, effective on or about January
29t1i, 2013 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/or
drug and/or alcohol screening, 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 28th day of January, 2013, by the following vote:
AYES Mr. Brewer, Mr.Montesi,Mr. Metivier,Mr. Strough
NOES None
ABSENT : None
RESOLUTION TO AMEND 2012 BUDGET
RESOLUTION NO.: 94,2013
INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
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 2012 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1910-4200 Property Insurance 001-1670-4030 Postage 3,900
001-7620-4413 Sr. Citizen Contracts 001-7620-1010 Wages 1,040
001-9030-8030 Social Security 001-9040-8040 Workers' Comp Ins 4,500
004-5142-1010 Wages 004-9040-8040 Workers' Comp Ins 15,000
004-5142-1010 Wages 004-5130-4410 Fuel 3,100
004-5142-1010 Wages 004-5130-4110 Vehicle Repairs 61200
032-9060-8060 Health Insurance 032-9040-8040 Workers' Comp Ins 700
040-9060-8060 Health Insurance 040-9040-8040 Workers' Comp Ins 5,800
Increase Revenue
001-0000-52680 Insurance Recovery 3,085.73
Increase Appropriation
001-5132-4070 Repairs 3,085.73
Duly adopted this 28th day of January, 2013, by the following vote:
AYES : Mr. Montesi, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2013 BUDGET
RESOLUTION NO.: 95,2013
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
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 2013 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1990-4400 Contingency 001-5630-4414 Transportation 562
Increase Revenue
032-0000-52680 Insurance Recovery 4,630.74
Increase Appropriation
Vehicle Repair 032-8120-4110 4,630.74
Increase Revenue
032-0000-52680 Insurance Recovery 280.50
Increase Appropriation
Vehicle Repair 032-8120-4110 280.50
Duly adopted this 28th day of January, 2013, by the following vote:
AYES Mr. Metivier,Mr. Strough, Mr. Brewer, Mr. Montesi
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING PURCHASE OF PRINTERS/ COPIERS
FROM NATIONAL BUSINESS EQUIPMENT
RESOLUTION NO.: 96,2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury's Director of Information Technology has requested
Town Board approval to purchase two (2) large format printers/copiers to replace obsolete
hardware, and
WHEREAS, the Technology Coordinator has requested Town Board approval of such
purchase for an amount not to exceed $17,000 to be funded from the Capital Reserve Fund 964,
and
WHEREAS, New York State Bidding is not required as the purchase is in accordance with
New York State Contract No.: PT58424 pricing, and
WHEREAS, the Town Board is authorized to withdraw and expend funds from the Capital
Reserve Fund subject to permissive referendum, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Director of
Information Technology's purchase two (2) large format printers/copiers from National Business
Equipment in accordance with New York State Contract No.: PT58424 pricing for an amount not
to exceed$17,000 to be funded from the Capital Reserve Fund No. 64, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the Town Budget to transfer $17,000 from the Capital Reserve Fund No.: 64 to Account
No.: 001-1680-2010 and take all other actions necessary to effectuate the purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any necessary Purchase and/or Maintenance Agreement and any other needed documentation,
and the Town Supervisor, Town Budget Officer and/or Technology Coordinator to take any and
all actions necessary to effectuate all 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 28th day of January, 2013, by the following vote:
AYES Mr. Strough,Mr. Brewer,Mr. Montesi,Mr.Metivier
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF JANUARY 29TH, 2013
RESOLUTION NO.: 97,2013
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 January 24th, 2013 and a payment date of January 29th, 2013,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of January 24th, 2013 and a payment date of January 29th, 2013 totaling $721,774.54, 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 28th day of January, 2013, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES None
ABSENT: None
5.0 PRIVILEGE OF THE FLOOR (LIMIT 4 Minutes)
Mr. John Salvador-The Highway Supt. Is considering abandoning Dunhams Bay
Road — what is the status of his intention?
Councilman Metivier-I had a conversation with him and it is moving forward.
Town Counsel Hafner-The Highway Supt. Called us and asked us to work on that.
We need to get releases from each of the affected property owners, releasing the
Town from any claims from abandoning the road.
Mr. Salvador-
Spoke on boundaries: Ward, Emergency Services, Zoning District
Boundaries regarding lakefront and issue of Town Boundaries all open
issues that have not been solved and settled. The Hoffman case pending
for six years the town's jurisdiction on the navigable water way. The
question of Bolton, Town of Queensbury boundary. We have a lot of
boundary issue that we should take care of.
• Spoke in regard to sewer pipe line capacity from Bay Rd. to Meadowbrook
Road ...
Supervisor Montesi-noted there was a meeting with the Sewer Dept. three
issue 1. Choke point of nine inch pipe going to a twelve 2. The pump station
that was installed by the Schermerhorn Development that goes
Meadowbrook Road we need to do refinement in there and upgrade the
pump. 3. Looking for duplicity in the pump station on Meadowbrook Road
what would happen if one of the pipes broke between there and the City
would we have another way to get to the city. We are working on a plan for
that.
• What is the capacity of the line from Bay to Cronin
Councilman Strough-It is a twelve inch line ... the line in front of
Schermerhorn's Office to Cronin Road is an eight inch line...
Noted we will be analyzing the build outs in this area.
6.0 CORRESPONDENCE
None
7.0 TOWN BOARD DISCUSSIONS
Ward IV—Councilman Brewer
No comment
Ward III —Councilman Strough
• Spoke on the monthly Queensbury Post-put out by the
Queensbury Senior— listing various activities and upcoming
events...call for membership 761-8224
Ward I-Councilman Metivier
No comment
Supervisor Montesi-
• Ltr. Pine View Cemetery- inspected by New York State
Cemeteries no violations
• Deputy Supervisor Strough and myself will be conducting a
staff meeting with all department heads...
• Thanked all our sponsors
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 98,2013
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 here by adjourns its
Town Board Meeting.
Duly adopted this 28th day of January, 2013 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury