2013-07-01- Mtg 27 REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 1
REGULAR TOWN BOARD MEETING MTG. #27
July 1, 2013 RES. 284-297
7:00 PM
TOWN BOARD MEMBERS PRESENT
SUPERVISOR RONALD MONTESI
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PRESS
POST STAR
LOOK TV
TOWN OFFICIALS
TOWN ENGINEER, CHRIS HARRINGTON
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR RONALD MONTESI
1.0 PUBLIC HEARINGS
NOTICE SHOWN
PUBLICATION DATE: June 21, 2013
SUPERVISOR MONTESI- This is an application for a community development block grant
funds through New York State, Administrative Small Cities grants in making determination of
type two action under SEQRA regulations for small business assistance. With us tonight is our
Planner, Stu Baker and you can introduce your guest.
SENIOR PLANNER, STUART BAKER- With me on my right is Bob Murray from Shelter
Planning and Development, a local consulting firm that, as many of you know, we've used for
years for community development assistance; primarily in recent years for our housing rehab
program, but this year we're proposing some economic development applications through
CDBG. With that I will turn it over to Bob
BOB MURRAY- Good evening, thank you for the opportunity to be here and talk to the Board.
The block grant program has been around a long time and provides grant funds to small
communities across the State on a competitive basis. It's funded by the Department of Housing
and Urban Development and block grant funds can be used for housing economic development
or public facilities. The program in order to apply requires that the town or the applicant to hold
the public hearing that we're doing tonight and to make information available to the public that
says this is what the program is, it's a community development program that provides grants to
the communities. This year there's 26 million dollars available State-wide, that's down a bit from
prior years because of a number of cuts in Washington; but the program still functions. The
application deadline this year is August 12th, and the application process, this is the third year it's
through what they call a consolidated funding application process established by the Governor.
So, most of the grant programs in the State are required to go through this electronic process to
file applications, whether it's for parks or community development or other programs. The
housing is an exception, it'll come at a little later date, we expect in the fall. But, that's the
process, again the purpose of the hearing is to make the public aware that there is that money and
that there is the program and that you can compete for it. We have been working this year to see
if there was an opportunity to apply for economic development assistance for small business.
We've talked about the idea of giving some grant funds to assist with the expansion of the
Davidson's Brewery locally, and we think that's got a very high probability of being well
received. So, we're looking to put together an application that would request some assistance
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 2
with buying some equipment, which would result in additional jobs at that facility. We still
haven't got the details worked out, this is really the first step to hold the public hearing and then
we are going to get more information; we will be back to the Town Board. If everything goes
well and goes together like we hoped you will have the opportunity to authorize submission of
the application at a later date before August 1211'
COUNCILMAN BREWER- That money is specifically used for that project or other projects as
well?
MR. MURRAY- That application we're discussing, that application would be a specific amount
of money to buy equipment for that project
COUNCILMAN BREWER- Right, that one project
MR. MURRAY- Right
SENIOR PLANNER, BAKER- The intent is to have a resolution before the Board at your next
meeting on July 15th, and as noted in the title of this hearing this is hearing this is a Type II
Action under SEQRA which doesn't require any additional action by the Board
COUNCILMAN STROUGH-Now, this particular resolution that I have in my hand it's titled
Resolution Authorizing Submission of Application for Community Development Block Grant
Funds Through the New York State Administered Small Cities Program and Making
Determination of Type II Action under SEQRA Regulations for Small Business Assistance...
this is the one we're voting on
SENIOR PLANNER, BAKER- You're absolutely right, I'm sorry. That resolution does
authorize submitting the grant and does know that it's a Type II Action. I was mistaken, the
resolution does not specifically authorize Shelter Planning, however, to submit the application on
behalf of the Town, and that's primarily because we have not yet received their formal proposal
to do this.
SUPERVISOR MONTESI- So, what do you want us to do tonight? We're holding the public
hearing
SENIOR PLANNER, BAKER- Hold the public hearing, accept public comments, close the
public hearing and if the Board is interested in moving this forward do pass the resolution that
you have in your packets.
COUNCILMAN STROUGH- Okay but we'll be voting on it again if we agree to Bob's terms.
SENIOR PLANNER, BAKER- That's correct, that's correct
COUNCILMAN STROUGH- And we have time because this isn't actually due until August.
MR. MURRAY- August 12th
COUNCILMAN STROUGH- Yes, so we're fine there
MR. MURRAY- That's correct
SUPERVISOR MONTESI- I guess it begs the question, should we have gotten Bob's proposal
first and then done this?
SENIOR PLANNER, BAKER- Ideally, yes but I don't think there's any harm in passing this
resolution. This merely authorizes the Town to submit the application. Bob has told me that he'll
have the proposal to us within the week.
MR. MURRAY- It's a little non-typical, but there's no harm done. You're authorized to do it,
you don't have to. So, if anything should come along where there was a reason not to, either
because of my proposal or terms of my discussions with the State didn't look like it was feasible
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you have no obligation to submit. So, we have some additional homework to do having
authorized this submission there's no harm.
COUNCILMAN STROUGH- Well this basically tells you Bob, at least, and maybe others that
maybe want to offer what they would do to submit for us on our behalf is that we support this
program, and we support going in this direction.
SUPERVISOR MONTESI- And this is a new direction so I can understand a little bit of
confusion.
MR. MURRAY- I agree with that. If you chose not to proceed quite that way we could amend it
at the July, or modify it for the next meeting or if you chose to see that there really isn't any
obligation or harm done then that's up to you
SUPERVISOR MONTESI- So, well the public hearing is open if there's anybody from the
public that wants to comment, then we can act on it. Mr. Winters
GEORGE WINTERS- I went to a hearing when Davidson's applied for tax-free money, you
know reducing the taxes. At that meeting there was a guy there that said their going to eliminate
six jobs in Glens Falls and they are going to create six jobs here, and all of their equipment is up
in Maine, they are going to move that down. So, how many breaks are we going to give
Davidson's?
COUNCILMAN STROUGH- Well, for one thing if their moving all of the equipment up in
Maine down here, that they don't have here, they're going to need people to run it. So, obviously
there's going to be more people involved in that beer making process than there are here now
because they're expanding the whole system. Not only that, but they're going to open their doors
to the public and everything else that their not down there, so it's got to produce new jobs,
George.
MR. WINTERS- The only thing I'm saying is that he's getting all kinds of breaks and now we're
going to give him another break to buy new equipment or whatever this grant's going to do. I
personally don't think that he should get any more money from the State or Town of Queensbury
or whatever it is. It just seems like he gets whatever he wants here. There was another guy there,
I don't know all the details, I forgot them now but he rented a building from them, I don't know,
I don't want to get in to that but my thing is that I don't think Davidson's deserves any more
money. Thank you
SUPERVISOR MONTESI-Doug Irish
DOUGH IRISH- I think that the block grant program is a good program, but I also think that any
application for small business belongs with the economic development group and not with the
Town of Queensbury. We had at one point in time an economic development corporation here in
Queensbury and decided to disband it; they moved it up to the County and down to the City. I
think if there's going to be some applications for small business it belongs with that group and
not with the town, especially if we are going to pay a consultant to do the application for the
grant
COUNCILMAN BREWER- I think the Town has to be the applicant in this particular case.
MR. IRISH- I think the Economic Development Corporation could act as the
COUNCILMAN STROUGH-No, the Town of Queensbury
COUNCILMAN BREWER- The Town of Queensbury has to be the applicant
MR. IRISH- Okay
COUNCILMAN BREWER- Otherwise we would do exactly as your saying
MR. IRISH- Thanks
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SUPERVISOR MONTESI- Anyone else? Stu do you have any closing comments?
SENIOR PLANNER, BAKER- Just a couple remarks. It is correct that a municipality needs to
be the applicant so in this case it is the Town. Another point is while Davidson's currently does
their brewing in Maine it's not through their own factory that you contract brewing, meaning that
they pay somebody else, so they don't have any equipment in Maine. They are actually putting
new equipment to them in this new Queensbury facility.
SUPERVISOR MONESI- I think one of things that John Davidson mentioned was that they're
trying to make it all American, they can go foreign but they are buying all American.
SENIOR PLANNER, BAKER- And that's a great point, I know that there's some quality
manufacturers here in the North-East of brewing equipment. That family has been in the
business, and they no longer are, they once were in Maine.
COUNCILMAN STROUGH- And not only that, but with a brand new brewery business it's
going to become a destination. The fee that we're going to pay to get the grant for them is going
to be paid many, many times over, the tourists and visitors that are going to come here its all part
of economic development, the multiplier effect and everything else.
SENIOR PLANNER, BAKER- An important point is one of the requirements of the CDBG
program is that they need to use any grant money they receive through these economic
development funds for either the retention or the hiring of low and moderate individuals so it's
not supporting existing high wage people transferring in, it's supporting those that will benefit
from better wages.
COUNCILMAN STROUGH- We don't want to be penny wise, pound foolish.
SUPERVISOR MONTESI- Okay, thank you Stu. Does the Board have any questions? I will
close the public hearing.
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE
ADMINISTERED SMALL CITIES PROGRAM
AND MAKING DETERMINATION OF TYPE II ACTION UNDER SEQRA
REGULATIONS FOR SMALL BUSINESS ASSISTANCE
RESOLUTION NO.: 284,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 278, 2013 the Queensbury Town Board scheduled a
public hearing concerning the Town's proposed application for funds through the New York
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State Office of Community Renewal (OCR)'s administered Community Development Block
Grant (CDBG) Program, and
WHEREAS, the Town Board duly conducted its public hearing on Monday, July 1St
2013, heard all interested persons, reviewed its housing and community development needs and
developed a proposed program and application for the CDBG funds, and
WHEREAS, the Town has reviewed its community development needs and is proposing
to submit an application to OCR for funding for equipment for small business assistance, and
WHEREAS, the application to OCR requires that the Town review and classify the
proposed activity under the New York State Environmental Quality Review Act (SEQRA), and
WHEREAS, the project is considered to be a Type II action under §617.5 (c)(2)
of the SEQRA regulations and is therefore not subject to review under the SEQRA
regulations; and
WHEREAS, the Town Board wishes to authorize submission of an application for the
CDBG funds.
NOW, THEREFORE BE IT
RESOLVED; that the Queensbury Town Board hereby determines that the proposed
assistance is a Type II action under SEQRA regulations, and therefore is not an action
subject to review under SEQRA, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs submission of the Town
of Queensbury's application for Community Development Block Grant (CDGB) funds through
the New York State Office of Community Renewal (OCR)'s administered Community
Development Block Grant Program, with such application due in August 2013, and
BE IT FURTHER,
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RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign
any necessary documents in connection with the submission, including all applications,
certifications and forms and further authorizes and directs the Town Supervisor and Senior
Planner to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
ABSTAIN: Mr. Clements
2.0 HEARINGS
SUPERVISOR MONTESI- Chris Harrington is here from the Water/Sewer Department. Chris,
do you want to give us a quick run-down on this? This is not an unusual thing; it's new for exit
18 Main Street.
TOWN ENGINEER, CHRIS HARRINGTON- Good evening, we are going to have several of
these on Main Street and these are things we typically go through especially on Route 9. I
believe Ms. Jones is asking for a financial hardship variance. I think it's within the Town Board
to grant her that. I would say there's about 95 properties on Main Street so I'm sure we are going
to get more than a few of these.
SUPERVISOR MONTESI- This is a two year variance for Mrs. Jones and if the property is sold,
all of those properties along Main Street seem to be for sale, and maybe that conversion to what
we really had a vision of John and myself and the rest of the Board Members for what Main
Street could look like. In the interim, there are some folks along there that struggle a little bit and
rather than push them to hook up we are giving them a variance. We've done that on Route 9 for
some of the business or some of the places along Route 9.
TOWN ENGINEER, HARRINGTON- I just want to make it clear that this does not mean that
she doesn't pay the O&M charge. We're still going to charge her O&M, November 1St is when
we are going to start charging O&M.
COUNCILMAN BREWER- I did talk to Mrs. Jones and her husband passed away within the
past few years and she is by herself, she is up in her 80's and she's having a tough time of it and
she does not have the money to pay a contractor to hook it up. Hopefully she sells the place or it
changes hands and the new owner will hook up. We have done these for many people on Route 9
so I don't see a big problem with it for an individual who's lived here for as many years as Mrs.
Jones has.
TOWN ENGINEER, HARRINGTON- I agree
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SUPERVISOR MONTESI- Thank you Chris. Any public input? Yes, John
JOHN SALVADOR- With all due respect to the financial hardship, do we satisfy ourselves that
there is no contamination of the groundwater as we continue to operate with an on-site system?
COUNCILMAN BREWER- Do we satisfy ourselves?
MR. SALVADOR- Yes, is the alternate environmentally sound? That's all my question is?
COUNCILMAN BREWER- Yes, she has a system that's working now
MR. SALVADOR- We know that?
COUNCILMAN BREWER- Yes
MR. SALVADOR- We have some kind of
COUNCILMAN BREWER- I have not personally done the test
MR. SALVADOR- Has the Town undertaken to satisfy themselves that the alternate is
environmentally sound, that's my question?
COUNCILMAN BREWER- I would probably say not. I'd have to send somebody over there to
check John, but I think if there was a problem with the septic system, she would certainly take
care of it, or somebody would know and we would have
MR. SALVADOR- Why do we put the sewer in?
COUNCILMAN STROUGH- For the re-development
MR. SALVADOR- Thank you
SUPERVISOR MONTESI- Any other comments? Closed the hearing
RESOLUTION APPROVING JOYCE JONES' APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT SET FORTH IN TOWN CODE
CHAPTER 136—SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 285, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners
situated within a sewer district and located within 250' of a public sanitary sewer of the sewer
district to connect to the public sewer facilities within one(1)year from the date of notice, and
WHEREAS, Joyce Jones (Applicant) applied to the Town Board for a variance/waiver from
Town Code §136-44.1 for an extension of the Town's connection requirements to connect her
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property located at 33 Main Street, Queensbury to the West Queensbury Sanitary Sewer District as
set forth in her May 31St, 2013 application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the
Town Board conducted a hearing concerning the variance/waiver request on Monday, July 1St
2013,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be materially
detrimental to the purposes and objectives of Queensbury Town Code Chapter 136
and/or adjoining properties or otherwise conflict with the purpose and objectives of any
plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Joyce Jones' application
for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers
required" and hereby grants Ms. Jones a two (2) year extension of time or until July 1St, 2015 in
which to connect her property located at 33 Main Street, Queensbury (Tax Map No.: 309.10-2-20)
to the Town's West Queensbury Sanitary Sewer District, provided that Ms. Jones connect to the
West Queensbury Sanitary Sewer District within two (2) years and no further extensions will be
granted, and in the meantime, if there is any change in property use, increase in septic use or
additional bathroom facilities added, then such variance shall immediately terminate unless the
Queensbury Town Board reviews and approves a new application for a variance/waiver, and
furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if
ownership of the property is transferred, then the variance is terminated as well and the property
must connect to the West Queensbury Sanitary Sewer District,
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BE IT FURTHER,
RESOLVED, that Ms. Jones shall pay all charges due as if its property was connected to the
West Queensbury Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Civil
Engineer/Wastewater Director and/or Town Budget Officer to take any actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 1St day of July, 2013 by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
3.0 RESOLUTIONS
RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT
MARKET LICENSE FOR ARTHUR MEADE/UPSTATE PRODUCTIONS LLC AT SKI
WEST MOUNTAIN
RESOLUTION NO.: 286,2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Arthur Meade/Upstate Productions, LLC has submitted an application to the
Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a
three (3) day transient merchant market from Friday, September 20th — Sunday, September 22"a
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2013 at the Ski West Mountain Ski Center, 59 West Mountain Road, Queensbury for the 3rd Annual
Freedom of Expression Music and Arts Festival 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
Arthur Meade/Upstate Productions, LLC (Applicant) to conduct a three (3) day transient merchant
market at the Ski West Mountain Ski Center located at 59 West Mountain Road, Queensbury,
subject to the following:
1. Applicant must pay all fees as required by Town Code Chapter 160;
2. Applicant must submit a bond in the amount of$10,000 as required by Chapter 160;
3. Applicant 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 Friday, September 20th— Sunday, September 22nd
2013 from: 5:00 p.m. - to 12:00 a.m. midnight on 9/20; 11:00 a.m. — 12:00 a.m.
midnight on 9/21; and 11:00 a.m. — 12:00 a.m., midnight on 9/22; and the license shall
expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Applicant must comply with all regulations specified in Town Code §160-8;
and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement
Personnel to rigorously enforce the terms of this approval.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESOLUTION ADDING SERENITY LANE TO LIST OF
TOWN PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION NO.: 287, 2013
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of
names for private driveways and roads in the Town in connection with the 911 addressing system,
and
WHEREAS, the Town Board wishes to add "Serenity Lane," a private roadway/driveway
located off of Assembly Point, to the Town's list of private driveways and road names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds "Serenity Lane"to the Town of
Queensbury's list of private driveways and roads, and
BE IT FURTHER
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RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Highway Department and Director of Building and Codes to take any actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION ADDING HARRISENA TRAIL TO LIST OF
TOWN PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION NO.: 288,2013
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of
names for private driveways and roads in the Town in connection with the 911 addressing system,
and
WHEREAS, the Town Board wishes to add "Harrisena Trail," a private roadway/driveway
located off of Bay Road, to the Town's list of private driveways and road names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds "Harrisena Trail" to the Town
of Queensbury's list of private driveways and roads, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Highway Department and Director of Building and Codes to take any actions necessary to
effectuate the terms of this Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR
DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO.: 289, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Department of Parks and Recreation has
requested Town Board authorization to hire Sarah O'Brien, William White and Casey White to
work part-time for the Department on a seasonal basis, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and the
Town Board must approve the appointment of Town employees' relatives and:
• Sarah O'Brien is the daughter of Deputy Town Clerk I Karen O'Brien and Building and
Codes Inspector John O'Brien;
• William White is the husband of Recreation Commission Member, Lisa Marie White; and
• Casey White is the daughter of Recreation Commission Member, Lisa Marie White;
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
the above-named employees to work for the Town's Department of Parks and Recreation on a part-
time, seasonal basis effective on or about July 1St, 2013, to be paid at the appropriate hourly wage
approved for seasonal recreation positions and subject to the Town successfully completing
background checks as reasonably may be necessary to judge fitness for the duties for which
hired, and drug and/or alcohol screening, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Parks and Recreation, Recreation Program Supervisor/Q-Club Director and/or Town
Budget Officer to complete any forms and take any action necessary to effectuate the terms of this
Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING GLENS FALLS LIONS CLUB DUATHLON
RESOLUTION NO.: 290, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Glens Falls Lions Club has requested permission to conduct its second
annual Duathlon which will raise funds to enable them to continue their work in sight and hearing
assistance and preservation as follows:
SPONSOR: Glens Falls Lion Club
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EVENT: Duathlon
DATE: Sunday, October 13th 2013
TIME: Approximately 8:30 a.m.
PLACE: Beginning and ending at SUNY Adirondack
(Letter and Map regarding location of walk attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Glens Falls Lion Club
to conduct its second annual Duathlon within the Town of Queensbury as set forth above,
contingent upon the Town's receipt of proof of proper insurance, and
BE IT FURTHER,
RESOLVED, that the Town Board approves this event subject to approval by the Town
Highway Superintendent which approval may be revoked due to concern for road conditions at any
time up to the date and time of the event, and
BE IT FURTHER,
RESOLVED, that this event shall also be subject to the approval of the Warren County
Superintendent of Public Works.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
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RESOLUTION AUTHORIZING THIRD AMENDMENT TO INTERMUNICIPAL
AGREEMENT BETWEEN QUEENSBURY TOWN BOARD ON BEHALF OF
QUEENSBURY CONSOLIDATED WATER DISTRICT AND TOWN OF MOREAU
RESOLUTION NO.: 291, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board entered into an
Intermunicipal Agreement with the Town of Moreau for the sale of water, and
WHEREAS, by Resolution No.'s: 78, 146 and 340 of 2000, the Town Board approved an
amendment to the Intermunicipal Agreement to extend the termination date in the Agreement, and
WHEREAS, in accordance with the Intermunicipal Agreement, as amended, the Town of
Moreau is entitled to a Reserved Capacity of 1,250,000 gallons per day, and
WHEREAS, the Village of South Glens Falls is experiencing difficulty in obtaining
sufficient water for its residents and is developing a water source to provide additional water, and
WHEREAS, the Towns of Queensbury and Moreau wish to provide temporary assistance to
South Glens Falls and accordingly amend their Intermunicipal Agreement to enable Moreau to
temporarily increase its Reserved Capacity in order to temporarily sell water to the Village of South
Glens Falls, and
WHEREAS, a proposed Third Amendment to Intermunicipal Agreement has been presented
at this meeting and the Town Board has determined that such Agreement would be in the best
interests of the Town, its residents, and its Consolidated Water District,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 17
RESOLVED, that the Queensbury Town Board hereby approves of the Third Amendment
to Intermunicipal Agreement with the Town of Moreau, substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
execute the Third Amendment to Intermunicipal Agreement and the Town Supervisor, Town
Budget Officer, Town Counsel, Town Water Superintendent and/or Town Civil Engineer to take
such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING USE OF TOWN FUNDS FOR EXPENSES RELATED
TO CEREMONY REGARDING LOAN OF EAGLE SANDSTONE STATUE FROM
CITY OF GLENS FALLS
RESOLUTION NO.: 292, 2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No.: 274.2013, the Queensbury Town Board approved and
authorized the loan of an eagle sandstone statue (Eagle) which was originally at the top of the Civil
War Monument located at the corner of Bay and Glen Streets in the City of Glens Falls from the
City of Glens Falls and the expenditure of funds for costs related to the transportation and
installation of such eagle statue at the Town Office Building, and
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 18
WHEREAS, the Town of Queensbury is planning a ceremony on July 5t1i 2013 to
formally welcome the Eagle and thank the City of Glens Falls for loaning it to the Town, and
WHEREAS, Councilman Strough has offered to purchase refreshments and related items
for such ceremony, and
WHEREAS, by New York State Town Law §64.14, expenses relating to commemoration
of historical events are proper municipal expenses and therefore the Town Board wishes to
authorize reimbursement to Councilman Strough for expenses up to $250 related to the
ceremony provided that Mr. Strough furnish the Town Budget Officer with appropriate receipts
and invoices,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
expenditure and reimbursement of funds up to $250 to Councilman Strough for refreshments and
other related expenses related to the ceremony on July 5t1i 2013 to formally welcome the loan of
an eagle sandstone statue (Eagle) from the City of Glens Falls provided that Mr. Strough furnish
the Town Budget Officer with the appropriate receipts and invoices, and
BE IT FURTHER,
RESOLVED, that such expenses shall be paid for from the appropriate account as will be
determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the
Town Budget and/or take any actions needed to provide for such initial payment and subsequent
reimbursement, and
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 19
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Deputy Supervisor John Strough 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 July, 2013, by the following vote:
AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2013 BUDGET
RESOLUTION NO.: 293, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
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 $
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 20
001-1990- 001-7110-
4400 Contingency 4400 Misc. Contractual 1,500
001-1990- 001-1620-
4400 Contingency 4070 Building Repair 4,000
002-9060- Health 002-8810-
8060 Insurance 4070 Repairs 12,000.00
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND
#201 AND AWARD OF BID FOR MATERIALS FOR UNDERDRAIN
REHABILITATION FOR FILTER#2 AT
TOWN WATER DEPARTMENT
RESOLUTION NO.: 294, 2013
INTRODUCED BY: John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Water Department Civil Engineer requested that
the Town Board authorize an advertisement for bids for the purchase of materials for the underdrain
rehabilitation for Filter #2, including new cell dividers and porous plates, at the Town Water
Department in accordance with bid specifications on file with the Town's Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements
and the requirements set forth in the Town's bidding documents, and
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 21
WHEREAS, by Resolution No.: 251,2013, the Town Board authorized the Town's
Purchasing Agent to advertise for bids and following such advertisement and receipt of bids, all
received bids were opened and reviewed on June 26th, 2013, and
WHEREAS, the Purchasing Agent, the Water Superintendent and Civil Engineer have
recommended that the Town Board award the bid to the only, and therefore the lowest,
responsible bidder, Infilco Degremont, Inc., for an amount not to exceed $183,500, with the
Town's Water Department to provide the labor for installation, and
WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund
related to the Project, and
WHEREAS, the Water Superintendent has advised the Town Board that there are times
when Change Orders may become necessary for such Contract and has requested that the Town
Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for
Change Orders that he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
establishment of the "Underdrain Rehabilitation for Filter #2 Capital Project Fund #201," which
Fund will establish funding for expenses associated with the purchase of materials and labor
associated with the installation of the underdrain rehabilitation for Filter #2, including new cell
dividers and porous plates at the Town Water Department, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the
purchase of materials for the underdrain rehabilitation for Filter#2, including new cell dividers and
porous plates from the only, and therefore lowest, responsible bidder, Infilco Degremont, Inc., for
an amount not to exceed $183,500, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 22
RESOLVED, that the Town Board further authorizes expenses up to the amount of
$75,000 toward costs associated with the installation of such materials, including the rental of
any equipment needed for such Project, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to
approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total
amount not exceeding $9,175 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for this
Project shall be from the Water Department's Fund Balance, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby establishes initial appropriations and estimated
revenues for Capital Project Fund #201 in the amount of$267,675, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to take all action necessary to establish accounts for such appropriations and revenues as
necessary, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the 2013 Town Budget, make any adjustments, budget amendments, transfers
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 23
or prepare any documentation necessary to establish such appropriations and estimated revenues
and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS—
WARRANT OF JULY 2ND,2013
RESOLUTION NO.: 295, 2013
INTRODUCED BY: Mr. Anthony Metivier
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 June 27th, 2013 and a payment date of July 2"a 2013,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of June 27 th, 2013 and a payment date of July 2"d 2013 totaling $316,920.21, and
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 24
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 July, 2013, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF STEPHEN BAKER AS SEASONAL
LABORER TO WORK AT TOWN CEMETERIES
RESOLUTION NO.: 296, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Cemetery Commission has requested Town Board authorization to hire
Stephen Baker as a Seasonal Laborer to work for the Cemetery Department for a total of
approximately 880 hours, such employment proposed to commence on or about July 2"d 2013, and
WHEREAS, funds for such positions have been budgeted for in the Town Budget, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and the
Town Board approve the appointment of Town employees' relatives, and Stephen Baker is the
brother-in-law of Scott Rowland, an employee in the Town's Cemetery Department,
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 25
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Stephen Baker as a Seasonal Laborer for the Cemetery Department for a total of approximately 880
hours commencing on or about July 2"d 2013, subject to the Town successfully completing
background checks as reasonably necessary to judge fitness for the duties for which hired, a pre-
employment physical and drug and/or alcohol screenings, and
BE IT FURTHER,
RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town
Board Resolution No.: 111,2013 and payment shall be paid from Account No.: 002-8810-1010,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Cemetery Secretary and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of July, 2013, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
4.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES)
PLINEY TUCKER- Would like to see Division Road get re-paved. Asked Councilman
Brewer to look into this with the Highway Superintendent
RONALD BALL- Spoke to the Board regarding the dangers of cell tower fires. Owns
property with a cell tower on it and no longer feels comfortable building on that property
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 26
He asked the Town to consider buying it, its eight and a half acres, it would complement
the water tower property and he is asking $180,000.
JOHN SALVADOR-
• On the subject of the cell tower, has the Town has ever assimilated all the costs
that it incurred to permit this cell tower and transfer those to the Water
Department (attorneys costs, hearing costs, all the costs that the Town has
probably born in its general fund should be charged to the Water District)?
• Spoke regarding a letter submitted to the Board today in response to Supervisor
Montesi's concern for the need to adequately notice the Lake George Park
Commission with respect to the requirements of the Queensbury Code Chapter
147- Storm Water Management
GEORGE WINTERS- Questioned the Board regarding the "cat house"
SUPERVISOR MONTESI-Explained that Dr. Garner, our Health Officer will be making
a visit to the house tomorrow to determine if it should be condemned
MR. WINTERS- Spoke regarding the Hudson Valley Parade held in West Glens Falls on
the Weekend of June 22"d. Questioned who authorized the road to be closed?
COUNCILMAN BREWER- The Highway Superintendent is the only one from the Town
who is authorized to close the road.
MR. WINTERS- The fireman had open containers and left garbage all over. Explained
that the residents affected should have been notified of this event
COUNCILMAN STROUGH- Agreed that it should have been organized better and
residents should have been notified so they could make arrangements if they needed or
wanted to leave their residents
5.0 CORRESPONDENCE- NONE
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER(WARD 1)-
• Every Wednesday a group of individuals from the Senior Center volunteer over at
Hovey's Pond to weed the beds. They are looking for additional volunteers on
Wednesdays; they meet from 9AM until noon over at Hovey's Pond. For more
information email Councilman Metivier at wardl a gueensbury.net.
• Wished everyone a happy 4th of July, be safe and don't drink and drive.
COUNCILMAN CLEMENTS (WARD 2)- Wished everyone a happy 4th of July, and
hope for good weather.
COUNCILMAN STROUGH (WARD 3)-
• Spoke regarding abandoned/foreclosed houses in Queensbury. This is a growing
problem and needs to be resolved because some of these houses are becoming
health and safety hazards. Dave Hatin, Director of Building and Codes, called
some of the banks of these properties with no success, he waited on hold for 45
minutes and no one would take his call. Something needs to be done to remedy
this problem.
• Received this month's Queensbury Post. Reviewed for the public the numerous
activities available to seniors. If you are 55 or older and interested in joining
please call 761-8224.
• This Friday, July 5th, at 10:00AM here at the Town we are going to celebrate and
thank the City for eagle that is sitting in our lobby.
REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 27
COUNCILMAN BREWER(WARD 4)- Proposed working with our attorneys on
resolving the issue with the foreclosed houses. The banks should be held accountable to
clean these places up. After further discussion it was decided that Councilman Brewer
will contact the Town's Attorney regarding the subject.
SUPERVISOR MONTESI-
• Announced that the City has hired an individual to take over the responsibilities
that our employee from the Town Water Department has been helping the City
out with.
• Sales tax report for year to date is up 6.5%
• Thanked Look TV and our sponsors for televising these meetings.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 297, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 1 st day of July, 2013, by the following vote:
AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury