2013-09-09- Mtg 35 REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 345
REGULAR TOWN BOARD MEETING MTG#35
RES#358-372
BOARD MEMBERS PRESENT B.H. 21-22
SUPERVISOR RONALD MONTESI
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
BOARD MEMBERS ABSENT
COUNCILMAN ANTHONY METIVIER
TOWN OFFICIALS
DIRECTOR OF BUILDING AND CODES, DAVE HATIN
CIVIL ENGINEER, CHRIS HARRINGTON
PRESS
POST STAR, LOOK TV
COUNCILMAN CLEMENTS-Wednesday is the twelfth Anniversary of the attacks on
911. Recognized the first responders still here and now deceased for their
unselfish acts of heroism and their families for their sacrifices. Expressed
gratitude to the men and women of our Armed Forces and their families for their
sacrifice and exceptional service to our Country.
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER
SUPERVISOR MONTESI-Opened meeting.
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 358, 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 adjourns
from Regular Session and moves into the Queensbury Board of Health.
Duly adopted this 91" day of September, 2013, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 346
ABSENT: Mr. Metivier
CONTINUATION OF PUBLIC HEARING SEWAGE DISPOSAL VARIANCE
APPLICATION OF H. THOMAS JARRETT
PUBLICATION DATE: AUGUST 9, 2013
THOMAS JARRETT PRESENT
SUPERVISOR MONTESI-John and I toured the site there was some concerns about
this intermediate stream and how it would affect the home that you want to build
off of the rear road of the subdivision, John and I actually could not find that
stream. The following day you went out with me and showed me where it was it
really is an intermediate stream there was not any water in that that I could tell;
in any event we did make that effort.
MR. JARRETT-I know you were disappointed you brought your fishing rod hoping
to do a little trout fishing and didn't find it. Just to refresh the board this is a
sixteen acre parcel it is proposed to be subdivided into three parcels. There are a
number of acres of Core of Engineers wetlands on the property there are no DEC
wetlands. As you know, I am questioning the need for variances to Core of
Engineers wetlands, but that is another question for another day all together. In
order to support these three lots we need two variances, two setback variances,
to the core wetlands one of fifty nine and one of sixty eight feet on two of three
lots. We are more than a hundred feet from the intermittent stream that is a
question here that we discussed last meeting. I think that we had resolved all the
other technical questions that you had I do not know if you have developed any
new ones in the interim, but I will leave it to the board for questions.
COUNCILMAN STROUGH-1 walked the property I walked the property with Ron
and Ron walked the property three times neither of us found anything that would
be described as a wetland. There may be times when this area and parts of it are
wet I think you took that into account as you designed the program and you
designed your storm water.
MR. JARRETT-I would agree we could get into the technical discussion why it is a
wetland, but there is no real surface water on the property except for that one
intermittent stream.
COUNCILMAN BREWER-That is only in the spring pretty much?
MR. JARRETT-It flows at least two seasons of the year maybe three, but it doesn't
flow in a dry summer.
COUNCILMAN BREWER-1 don't have any issues with it.
SUPERVISOR MONTESI-Is there any comments from the public?
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 347
NO PUBLIC COMMENT
PUBLIC HEARING CLOSED
RESOLUTION APPROVING H. THOMAS JARRETT'S APPLICATION
FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 21,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, H. Thomas Jarrett filed an application for variances from provisions of the Town of
Queensbun,On-Site Sewage Disposal Ordinance, Chapter 136 to install wastewater leaching systems on lots
42 and 43 in the Ridgewood Meadows Subdivision from federally jurisdictional (USACOE) wetlands as
follows:
L 59' from such wetlands instead of the required 100' setback;and
2. 68' from such wetlands instead of the required 100' setback
on property located in the Ridgewood Meadows Subdivision located on the east side of Ridge Road between
Haviland Road and Thistlewood Drive 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 public hearing concerning the variance requests on
Monday,August 19th and Monday, September 9th,2013, and
WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500
feet of the subject propem,
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 finds that the granting of the variances is necessary for the
reasonable use of the land and is the minimum variances which would alleviate the specific
unnecessary hardship found bv the Local Board of Health to affect the applicant;and
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 348
BE IT FURTHER-
RESOLVED, that the Local Board of Health hereby approves the application of H. Thomas Jarrett
for variances from the Sewage Disposal Ordinance to install wastewater leaching systems on lots 42 and 43
in the Ridgewood Meadows Subdivision from federally jurisdictional(USACOE)wetlands as follows:
L 59' from such wetlands instead of the required 100' setback;and
2. 68' from such wetlands instead of the required 100' setback
on property located in the Ridgewood Meadows Subdivision located on the east side of Ridge Road between
Haviland Road and Thistlewood Drive in the Town of Queensbun� and bearing Tax Map No.: 290.-1-83.
Duly adopted this Stn day of September,2013,by the following vote:
AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT: Mr. Metivier
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 22, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back
into the Town Board of the Town of Queensbury.
Duly adopted this 9t" day of September, 2013, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Clements
NOES: None
ABSENT:Mr. Metivier
2.0 PUBLIC HEARINGS
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 349
CONTINUATION OF PUBLIC HEARING PACHECO ROSS ARCHITECTS, P.C. FOR
PROVISION OF FEASIBILITY STUDY BY SOUTH QUEENSBURY FIRE COMPANY AND
CORRESPONDING AMENDMENT TO BUDGET AND FIRE SERVICE AGREEMENT
PUBLICATION DATE: AUGUST 9, 2013
COUNCILMAN STROUGH-Brian and I sat down and we spoke to the leadership of
South Queensbury and came to the agreement that what we want to do is in total
agreement with both parties this Town Board as well as the leadership of South
Queensbury Fire Department. We worked out what needed to be done and we
worked out an arterial alternate arrangement. We would see if we could get an
independent analysis of the building say from the Town Engineer, Vision
Engineering. We are going to work on that they agreed to work on that we do not
know a price or anything else at this point. The previous public hearing and the
issue that was up there is kind of a moot point at this point.
COUNCILMAN CLEMENTS-One of the reason we did this is so that we wouldn't
have the same company doing the assessment then doing the architectural
design.
SUPERVISOR MONTESI-That was a point that the public made and had some
concerns about I think we are solving that problem.
COUNCILMAN STROUGH-We are going forward.
PUBLIC HEARING CLOSED - NO ACTION TAKEN
PUBLIC HEARING MODIFICATION OF JUNKYARD LICENSE FOR JERRY BROWN
AND SBLB PROPERTIES II, LLC
PUBLICATION DATE: AUGUST 30, 2013
ATTORNEY JOHN LAPPER AND LARRY BROWN, PRESIDENT OF JERRY BROWN
AUTO PARTS PRESENT
ATTORNEY LAPPER-Good evening everyone, I know that you are all familiar with
the facility. This is really an asset to the Town of Queensbury because of the way
Jerry Brown handles this. It is a dismantling and recycling operation it is a facility
that DEC looks to as an example as to how these facilities should be run. All fluids
drained from the vehicles before they are put into storage. The cars are
dismantled and sold basically on the internet and delivered by UPS a very clean
operation. This new facility next door is to expand operations they already have
fifty two employees Larry is hoping in the next five years he will have ten more
employees. This is a twenty six thousand square foot indoor building along
Warren Street, which will allow for storage of the most valuable parts and then a
yard in the back in compliance with Town requirements with a fence. This has all
been approved by the Town Planning Board storm water etc., not a change of
what they are doing now in terms of operations, but just a nice expansion.
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 350
COUNCILMAN BREWER-John is there any reason I am sure there probably is if you
haven't done it a reason not to combine the properties into one tax map number?
ATTORNEY LAPPER-Really just that one was owned by Dad and then Larry and his
brother bought the other one. Eventually we may get there, I guess for that
reason the permit should probably be in the name of Jerry Brown Auto Parts the
company because they are operating the whole thing.
COUNCILMAN BREWER-That's fine I was just curious.
ATTORNEY LAPPER-We set it up with the property owners, but Larry hopes that at
some point we will be able to combine, but it is separate so far of one operation.
COUNCILMAN BREWER-A very clean operation I will add. I did go down there we
had a tour thank you Larry I was quite impressed. If anybody gets a chance and
wants to go down and see how it is done I am sure five bucks will get you in the
door for a tour.
COUNCILMAN STROUGH-1 think it looked like a NASCAR garage it is immaculate.
COUNCILMAN CLEMENTS-1 thank you for the tour also.
MR. BROWN-You are very welcome.
COUNCILMAN CLEMENTS-1 had a question, I have a couple questions. I am going
to bring a letter up that a lady has sent me for the public hearing. There were two
things that she was worried about. One was storm water runoff did not know
how high it was going to be built up there. The other was a buffer between what
is being cleared out now and the house behind it maybe you could just talk about
that a little.
ATTORNEY LAPPER-There is a buffer that is required it is on the approved site
plan. It is a hundred feet from the property line to the fence to where the yard
will be. There is also no cut along the edge where there are existing trees so
within that hundred feet the trees that are along the edge. The woman whom
you are speaking of is a resident in a commercial zone, which is unfortunate. The
plans were carefully done and reviewed by the Planning Board to create that
buffer of a hundred feet. The storm water has all gone through the Town
Engineer and has received approval and the eight foot fence.
SUPERVISOR MONTESI-Eight foot fence, yeah any other questions.
COUNCILMAN CLEMENTS-1 was going to wait until the public hearing to read the
letter, I guess right.
SUPERVISOR MONTESI-Are there any comments from the public?
PUBLIC HEARING OPENED
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 351
COUNCILMAN CLEMENTS-Read the following letter into the record. To The
Queensbury Town Board: To Whom It May Concern: My name is Nanette
Rushlow and I own the residential home at 1 Highland Avenue. This has been my
home for the past 60 years this is my neighborhood where I grew up, went to
school, got married, and had my children. This was a family community growing
up with the Sullivan's, The Olson's, The Bankoski's. My father, brother, and
husband all worked at the Imperial Paper Hercules and last known Ciba Geigy. I'm
voicing my opinion 1 Highland Avenue is my home and it is my livelihood. This is
my pension, my retirement plan without this home I would have to live on one
very small social security. (not good) I have people living there that work and
have to sleep with all the construction going on, it has created a noisy and dirty
environment. I pay every spring to have my house washed. I also keep things
neat and clean. The clear cutting has taken away what woods and privacy I had.
It has made the junkyard visible from my back yard. The bulldozers are 70 feet
from my home. What are you going to do for a buffer? When you bring in fill and
raise the land, I will be setting in a very wet spot. I'm worried about the storm
water runoff. This area is zoned "light industrial" and what about the setbacks?
Very Concerned, Nanette Rushlow, September 4, 2013
MR. BROWN-1 did speak with her almost a month ago. I assured her, I showed
her the plans that we were doing she wrote that letter afterwards. It is a
residence, but it is a two family home as well so she is renting it out she is not
living right there. We talk to her to ease her concern and offered to buy the
house from her if she was interested in selling it.
COUNCILMAN CLEMENTS-Okay.
MR. BROWN-We did make her an offer that was quite a bit more than what it is
assessed for and when she came to see me she asked me to up the offer. I told
her it's her home I am not going to put another value on it if she would like to
counter the offer that we made her we would be more than willing to entertain it
and never heard back from her.
COUNCILMAN CLEMENTS-1 will relay that to her, thank you.
MR. BROWN-We did make an offer on it I would be willing to entertain buying it,
but obviously there is a value of what it is worth and we already offered quite a
bit more than what it was worth to buy it from her.
SUPERVISOR MONTESI-More than what it was assessed by the Town.
ATTORNEY LAPPER-Double what it was assessed.
MR. BROWN-Almost double.
COUNCILMAN CLEMENTS-1 told her I would read this to get this on the record.
ATTORNEY LAPPER-We understand her concerns because she has a house that is
in the middle of a nonresidential area.
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 352
MR. BROWN-The only other thing that I would like to bring to the Town's
attention is I think our family over the past we have been at that location since
1980 and I think that every year that somebody goes by our company no matter
what I think we do our best to keep it very clean, neat and organized. We are
constantly making improvements to the outside no matter what whether we are
having a very very good year or an average year. We always have put emphasis on
keeping a very very neat clean facility and something that looks nice as you drive
by. I feel personally a little bit of a bias opinion, but when you drive down Warren
Street I think that our company is one of the best looking businesses on that end
in Queensbury on Warren Street.
SUPERVISOR MONTESI-As far as power washing your house it certainly isn't your
fault there are other large industries that...
MR. BROWN-1 wasn't going to bring that up, but we have to power wash our
company a lot, too.
SUPERVISOR MONTESI-You are right I can recall days gone by before the
Hannaford was on Broad Street in Glens Falls there was a junkyard that was a
horrible mess, but anyway.
PUBLIC HEARING CLOSED
RESOLUTION AUTHORIZING MODIFICATION OF JUNKYARD
LICENSE FOR JERRY BROWN AND SBLB PROPERTIES II, LLC
RESOLUTION NO.359,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, in accordance with Queensbun- Town Code Chapter 102 entitled, "Junkyards," the
Queensbun� Town Board previously approved a Junkvard License to Jem- Brown for Jem- Brown's Auto
Parts located on Lower Warren Street in the Town of Queensbury known as Tax- Map Parcel No.: 303.19-1-
49(Junkvard)and each gear an inspection has occurred at such facilitv and a renewal of the Junkvard License
has been issued,including on June 22,2012,and
WHEREAS,by application and letter to the Town Supervisor dated Jul` 31St, 2013, Jem-Brown and
SBLB Properties II, LLC (Applicants) have advised the Town that over the last few`ears, SBLB Properties
LLC, an entity owned by Steven Brown and Lam- Brown, has acquired several parcels immediately
surrounding the parcel on which the Junkyard operates,known as Tax-Map Parcel No.'s: 303.19-1-48, 50, 51
and 58, and the Applicants have applied for a modification to the existing Junkyard license in order to
construct a building on one of these vacant parcels and expand the Junkyard to include such parcels,and
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 353
WHEREAS, the Applicants received all necessary approvals regarding this proposal from the
Town's Zoning Board of Appeals on Jul` 25th, 2012 and from the Town's Planning Board on August 21,
2012,and
WHEREAS, before the Town Board may approve the requested modification to the Junkyard
License, it must first conduct a public hearing and the Town Board duly held such public hearing on Monda`,
September 9th,2013 and heard all interested persons,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby approves Jem-Brown and SBLB Properties
II, LLC's application for modification of a Junkyard License relating to Jerry Brown's Auto Parts located on
Lower Warren Street in the Town of Queensbun� (Tax Map Parcel No.: 303.19-1-49)to allow expansion of
the Junkvard to include several parcels immediately surrounding the parcel on which the Junkyard operates,
known as Tax Map Parcel No.'s: 303.19-1-48, 50, 51 and 58, and construction of a building on one of these
vacant parcels,and
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Clerk, Town Zoning
Administrator/Code Compliance Officer and/or the Director of Building and Codes Enforcement to take any
actions necessary to advise the Applicants of such approval and effectuate the terms of this Resolution.
Duly adopted this Stn day of September,2013,by the following vote:
AYES : Mr. Brewer,Mr. Montesi,Mr.Clements,Mr. Strough
NOES : None
ABSENT :Mr. Metivier
3.0 PRESENTATION — NYS TAXATION AND FINANCE — STAR PROGRAM
ROBERT AIKEN, OFFICE OF REAL PROPERTY TAX SERVICE
Mr. Aiken explained the process for the Star Registration Program noting that
new legislation requires all homeowners who receive the Basic Star exemption to
register with the Tax Department in order to receive the exemption in 2014 and
beyond. Senior Citizens receiving Enhance Star exemption are not impacted by
this legislation. All property owners with questions should call the following
number (518) 457-2036 Monday through Friday from 8:30 a.m. to 8:00 p.m. and
Saturday from 9:00 a.m. to 1:00 p.m. Online registration available through
website www.tax.ny.gov
4.0 RESOLUTIONS
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 354
RESOLUTION REAPPOINTING STEPHEN BORGOS TO
BOARD OF ASSESSMENT REVIEW
RESOLUTION NO.360,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Town of Queensbury has previously established the Town of Queensbun-Board of
Assessment Review in accordance with the New York State Real Property Tax Law,and
WHEREAS, the term of Board of Assessment Review Member Stephen Borgos will expire as of
September 30th, 2013 and Mr. Borgos has expressed interest in being reappointed to the Board for a new five
(5)year term,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby reappoints Stephen Borgos to serve as a
member of the Queensbury Board of Assessment Review with his term to expire September 30th 2018 in
accordance with New York State Real Property Tax Law §523.
Duly adopted this Stn day of September,2013,by the following vote:
AYES Mr. Montesi,Mr. Clements,Mr. Strough,Mr. Brewer
NOES None
ABSENT:Mr. Metivier
RESOLUTION APPOINTING SCOTT SORGER TO
BOARD OF ASSESSMENT REVIEW
RESOLUTION NO.361,2013
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury previously established the Town of Queensbun- Board of
Assessment Review in accordance with applicable New York State law,and
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 355
WHEREAS, Paul Davidson recently resigned from the Town's Board of Assessment Review and
therefore the Town Board wishes to appoint Scott Sorger to complete Mr. Davidson's unexpired term of
office,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun-Town Board hereby appoints Scott Sorger to serve as a member
of the Town of Queensbury Board of Assessment Review with his term to expire September 30th, 2015 in
accordance with New York State Real Property Tax Law §523.
Duly adopted this Stn day of September,2013,by the following vote:
AYES Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES :None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING ESTABLISHMENT OF WATER
TREATMENT PLANT OPERATIONS ENGINEER POSITION AND
HIRING OF ALEXANDER BENWAY IN SUCH POSITION
RESOLUTION NO.: 362,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, upon the recommendation of the Town of Queensbun-'s Water Superintendent, the
Queensbun, Town Board wishes to establish the full-time position of Water Treatment Plant Operations
Engineer in the Town's Water Department,and
WHEREAS, the Warren Count` Department of Personnel and Civil Service has reviewed the
proposed job duties for the position and has determined that Water Treatment Plant Operations Engineer is
the most appropriate title for the position,and
WHEREAS, the Water Superintendent has advised that Alexander Benway has the required
qualifications and therefore the Water Superintendent has recommended the hiring of Alexander Benway as
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 356
Water Treatment Plant Operations Engineer on a provisional basis until such time as Mr. Benwav meets all
Civil Service requirements for the position,and
WHEREAS,the Town Board wishes to establish the position and authorize the requested hiring,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the establishment of
the position of Water Treatment Plant Operations Engineer in the Town's Water Department and the 2013
salary for such position to be$62,000 per gear,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the hiring of Alexander Benway as
Water Treatment Plant Operations Engineer effective on or about September loth,2013 on a provisional basis
until such time as Mr. Benwav: 1) meets all Civil Service requirements for the position, 2) passes a pre-
emplo`ment physical as required by Town Polic`; and 3) completes an eight (8) month probationar- period,
and contingent upon the Town successfully completing background checks as reasonably 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 hereby authorizes and directs the Water Superintendent, Town
Supervisor and/or Town Budget Officer to complete and file any documentation needed to establish this
position and take such other and further action necessan� to effectuate the terms of this Resolution.
Duly adopted this Stn day of September,2013,by the following vote:
AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING HIRING OF JOSEPH QUINTAL AS
FULL-TIME LABORER FOR TOWN WATER DEPARTMENT
RESOLUTION NO.363,2013
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 357
WHEREAS, the Town of Queensbury's Water Superintendent has advised the Town Board that he
would like to add a full-time Laborer position in the Water Department,and
WHEREAS, by Resolution No.: 1 0,2013, the Queensbury Town Board authorized the hiring of
Joseph Quintal as a Temporary,Full-Time Laborer to work for the Town Water Department,and
WHEREAS, the Water Superintendent posted availability for the position, reviewed resumes, and
has recommended that the Town Board authorize the hiring of Joseph Quintal in the full-time Laborer
position,and
WHEREAS, Town Policv requires that familial relationships must be disclosed and the Town
Board approve the appointment of Town employees' relatives, and Joseph Quintal is the son of Margaret
Quintal,Town Court Clerk,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the hiring of Joseph
Quintal as a full-time Laborer in the Town's Water Department effective on or about September loth 2013
subject to Mr. Quintal's passing of a pre-employment physical as required by Town Policy and completion of
an eight (8) month probationary period, and contingent upon the Town successfully completing background
checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol
screening,and
BE IT FURTHER
RESOLVED, that Mr. Quintal shall be paid the hourly rate of pay for the Laborer position as
delineated in the Town's current Agreement with the Civil Service Employees Association,and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water
Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this Stn day of September,2013 by the following vote:
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 358
AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Clements
NOES : None
ABSENT: Mr. Metivier
RESOLUTION AUTHORIZING ACCEPTANCE OF LANDSCAPE
PROPOSAL OF VOLT LANDSCAPE & IRRIGATION CO., INC.
-RUSH POND BIKE TRAIL
RESOLUTION NO.: 364,2013
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, Ward III Councilman John Strough has requested Town Board approval to accept the
Landscape Proposal of Volt Landscape &Irrigation Co., Inc., (Volt) for work at the Rush Pond Bike Trail in
the amount of$8,440 as set forth in Volt's Proposal presented at this meeting,and
WHEREAS,the Town Board wishes to waive the Town Purchasing Policy's two(2)quotes and self-
imposed bidding requirement in this instance,and
WHEREAS,the Town will adhere to all New York State Law bidding requirements,
NOW,THEREFORE, BE IT
RESOLVED, the Queensbun� Town Board hereby waives its requirement under the Town of
Queensbun's Purchasing Policy for two (2) written quotes for purchases over $2,500 and the need to
competitively bid for purchases over$10,000,and
BE IT FURTHER
RESOLVED, that the Town Board hereby approves and authorizes the engagement of Volt
Landscape&Irrigation Co.,Inc., for work at the Rush Pond Bike Trail in the amount of$8,440 as set forth in
Volt's Landscape Proposal presented at this meeting,to be paid for from the Rush Pond Capital Project Fund
4166,and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 359
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend
the 2013 Town Budget and/or take any actions as may be necessary to provide for payment,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Ward III
Councilman John Strough and/or the Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this Stn day of September,2013,by the following vote:
AYES : Mr. Brewer,Mr. Montesi,Mr. Clements,Mr. Strough
NOES : None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING AGREEMENT WITH ADIRONDACK PARK LOCAL
GOVERNMENT REVIEW BOARD
RESOLUTION NO: 365,2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Adirondack Park Local Government Review Board (Review Board) was created by
the New York State Legislature and is composed of representatives appointed by the County Legislatures
of those counties lying in whole or in part within the Adirondack Park, and
WHEREAS, the State Legislature provided only partial funding for the Review Board to perform
its statutory functions as set forth in Executive Law §803-a, and recently reduced such funding by fifty-
three percent(53%), and
WHEREAS, the Town of Queensbury wishes to provide $300 in funding to support the Review
Board's work in representing the interests of the Adirondacks' local governments, and
WHEREAS, a proposed Agreement between the Town and Review Board is presented at this
meeting,
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 360
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury to
enter into the Agreement with the Adirondack Park Local Government Review Board (Review Board) and
authorizes and directs the Town Supervisor to sign such Agreement substantially in the form presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of$300 to the Review Board as
provided for in such Agreement, to be paid for from Miscellaneous Contractual Account No.: 001-1220-
4400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget and/or take any actions necessary to provide for such payment, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town
Budget Officer to execute any other needed documentation and take any other necessary actions to
effectuate the terms of this Resolution.
Duly adopted this 91h day of September, 2013, by the following vote:
AYES Mr. Montesi, Mr.Clements, Mr. Strough, Mr. Brewer
NOES None
ABSENT: Mr. Metivier
RESOLUTION SCHEDULING PUBLIC HEARING CONCERNING
PROPOSED IMPROVEMENT OF
QUAKER ROAD/BAY ROAD FORCE MAIN
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 361
RESOLUTION NO.366,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, the Queensbury Town Board duly established the Town of Queensbury
Consolidated Sewer District and the Route 9 Sanitary Sewer District (together, the "Districts") in
accordance with New York Town Law, and
WHEREAS, the Meadowbrook Pump Station pumps sewerage from both Districts to the City of
Glens Falls collection system through an existing force main from the pump station along Bay Road and
Quaker Road to a point on Bay Road and Sanford Street, and
WHEREAS,the Town Board wishes to set up a bypass system to enable the Town to replace pipe as
sections of the force main show deterioration in order to prevent a full system emergency and to make certain
other system improvements, all in accordance with Town Law §202-b,and
WHEREAS, Delaware Engineering, P.C., professional engineers, has prepared an Engineering
Report concerning the proposed bypass system and sewer system improvements, together with an
estimate of the cost of such improvements, and
WHEREAS, the Engineering Report was duly filed in the Queensbury Town Clerk's Office and
made available for public inspection,and
WHEREAS, the Town Board has determined that the Project is a Type II Action under the State
Environmental Quality Review Act (SEQRA) and no further SEQRA review is required,and
WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park,
neither of the Districts contains State lands assessed at more than thirty-percent (30%) of the total taxable
assessed valuation of the respective District, so permission of the State Comptroller for the proposed
expenditure is not required under Town Law §202-b(5).
NOW,THEREFORE, IT IS HEREBY
RESOLVED that:
1. The proposed improvements are:
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 362
(a) installation of a force main bypass system consisting of multiple bypass connections
installed approximately every 800 feet, valves and temporary piping and new piping
under Bay Road and Quaker Road. and
(b) installation of piping to bypass Meadowbrook Pump Station and Hiland Park Pump
Station using a portable trash diesel pump, and installation at the Meadowbrook Pump
Station of a pinch valve to control flow to the City of Glens Falls and an odor control
system; and
(c) replacement of twenty-one (2 1) existing grinder pumps serving homes that cannot be
served with gravity sewers.
2. The maximum estimated cost of such improvements is $1,011,000.
3. The cost of the improvements will be paid from obligations to be issued by the Town of
Queensbury on behalf of the Districts. Therefore, the annual cost of the improvements to the typical
residence for debt service will depend on the terms of such obligations. Assuming that the typical
property is a single family residence, which is equivalent to three (3) service units under the Districts'
Benefit Tax System, and that the rate of interest on the Town's obligations will be three-percent (3%) per
annum,the estimated annual cost to a typical property would increase approximately$20 for 10 year debt
service, $14 for 15 year debt service or$10 for 25 year debt service, depending on the maturity chosen by
the Town.
4. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center,
742 Bay Road, Queensbury at 7:00 p.m., on Monday, September 23rd, 2013 to hear all persons interested in
improvement of the Districts' facilities as described above and to take such other and further action as may be
required or authorized by law.
5. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish
and post a Notice of Public Hearing not less than ten (10) days nor more than twenty (20) days before the
public hearing date,as required by Town Law §202-b.
Duly adopted this Stn day of September,2013 by the following vote:
AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT: Mr. Metivier
RESOLUTION TO AMEND 2013 BUDGET
RESOLUTION NO.: 367,2013
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 363
INTRODUCED BY: Mr.Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
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 $
Health
001-1440-4720 Consultant 001-1430-4455 Services/Physicals 3,000
031-8120-4400 Misc. Contractual 031-8110-4130 Town Counsel Fees 80
157-7110-2899 Capital Construction 157-7110-4403 Engineering 7,500
Increase Revenue
001-0000-55710 Serial Bond Proceed 3,394,925
037-0000-55710 Serial Bond Proceed 1,320,249
Increase Appropriation
001-9730-6030 BAN Principal 3,080,596
037-9730-6030 BAN Principal 1,294,733
030-8130-4131 Litigation Fees 125.00
032-8130-4131 Litigation Fees 11,133.00
033-8130-4131 Litigation Fees 503.00
035-8130-4131 Litigation Fees 376.00
037-8130-4131 Litigation Fees 130.00
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 364
Duly adopted this 91h day of September, 2013, by the following vote:
AYES : Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES : None
ABSENT:Mr. Metivier
RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM
UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH
CAPITAL RESERVE FUND #64
RESOLUTION NO.: 368,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, by Resolution No.: 322 of 2001, the Queensbury Town Board established a Capital
Reserve Fund for the purpose of capitalization of the Town's Capital Improvement Plan Policy or for future
Town project developments, known as Capital Reserve Fund 464 (Fund 464) which Fund established fund
expenditures associated with the CIP,and
WHEREAS, by Resolution No.: 390.2012,the Town Board authorized the transfer of$20,000 in
funds from undesignated, unappropriated Fund Balance to Fund 464, and
WHEREAS,the Town Budget Officer has advised the Town Board that the balance in Fund 464 has
been depleted as a result of major expected and unexpected capital costs during the past 12`ears,and
WHEREAS,the Town's independent auditors have confirmed undesignated,unappropriated General
Fund Balance of$5,844,852 as of December 31St, 2012 and the Town Board wishes to maintain a reasonable
unreserved Fund Balance of $4,544,852 and move the balance of $1,300,000 to Fund 464 in order to
replenish Fund 464 for upcoming projects,and
WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to replenish
Fund 464 bv appropriating $1.3 million of undesignated, unassigned Fund Balance and increase
appropriations in Fund 464 by the same amount,
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 365
RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget
Officer to transfer $1.3 million from the Town's undesignated, unassigned Fund Balance to the
Capital Improvement Plan Reserve Fund #64 and make any adjustments, budget amendments,
transfers or prepare any documentation necessary to establish appropriations and estimated
revenues and take all other actions necessary to effectuate the terms of this Resolution.
Duly adopted this 91h day of September,2013,by the following vote:
AYES Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Clements
NOES None
ABSENT : Mr. Metivier
RESOLUTION NOS.4.10-4.17 CONCERNING ABANDONED OR NEGLECTED PROPERTIES IN
TOWN OF QUEENSURY
DISCUSSION HELD
It was the decision of the Town Board not to act on these resolutions noting they
went to bid on this received one bid noting the expense of taking care of these
properties. Councilman Brewer recommended meeting with the contractor again in
a workshop or put this out to bid again also to contact the Town Attorney regarding
this matter. Councilman Clements recommended meeting to discuss other
solutions, contact other municipalities to see how they take care of this problem.
RESOLUTION APPROVING AUDITS OF BILLS —
WARRANTS OF AUGUST 28TH AND SEPTEMBER 10TH, 2013
RESOLUTION NO.: 369,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
Warrants with run dates of August 28th and September 51h, 2013 and payment dates of August 28th and
September 101h,2013,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of
August 281h and September 51h, 2013 and payment dates of August 281h and September 101h, 2013 totaling $
$321,821.30 and$76 ,994.80 respectively, and
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 366
BE IT FURTHER-
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this Stn day of September,2013,by the following vote:
AYES : Mr. Brewer,Mr. Montesi,Mr. Clements,Mr. Strough
NOES : None
ABSENT:Mr. Metivier
5.0 PRIVILEGE OF THE FLOOR
KEITH HENDRY, 36 STEPHANIE LANE, QUEENSBURY-Spoke to the board regarding abandoned and
neglected properties in the Town noting they have one on Stephanie Lane, which gets minimal or no
maintenance which reduces the aesthetic value of the neighborhood significantIv asked the board to take a
good look at this. Asked the board in the next fiscal gear if they could put enough money in the budget for
equipment in the Highway Department some of the equipment is becoming significantly antiquated.
SUPERVISOR MONTESI-Whatever the Highwav Superintendent asked for this gear it was given to him.
Asked Dave Hatin if he had any comment regarding the Stephanie Lane issue.
DIRECTOR OF BUILDING AND CODES, MR. HATIN-Thinks everyone knows the story we have tried to
do our best to make Mr. Silvernail comply.We have been proactive it is the court system that we have to deal
with and we cannot drive the court system. Without changes to the local laws we are doing even-thing I
don't know what more we can do.
BRUCE MITCHELL, 11 STEPHANIE LANE, QUEENSBURY-Spoke to the board regarding his concerns
with the neglected property on Stephanie Lane asking the board to do something regarding this issue.
KATHLEEN SONNABEND, CEDAR COURT-Spoke to the board regarding a recent request from realtors
at a workshop meeting that was held regarding changing the zoning along the Main Street Corridor noting her
concerns that the board should stag with the comprehensive plan regarding the zoning for that corridor. The
Town spent over a hundred thousand dollars regarding this project and the thousands of hours of citizen's
time that the Comprehensive Land Use Plan is the best reflection of what the community wants. Encouraged
all Town officials including the Zoning Board and Planning Board and Town Board to take a look at the
document again.
COUNCILMAN BREWER-Does not think the Zoning Board or Planning Board could change the document
unless the Town Board did.
COUNCILMAN CLEMENTS-The realtors did want some changes,but they did not want to throw the whole
plan out noting the meeting was opened to the public.
SUPERVISOR MONTESI-A meeting has been rescheduled with them for a Workshop on September 30,
2013 at 6:30 p.m. We asked them to think about some of the things that might help if we tweaked this noting
this is what the workshop will be about hopefully they will come back with some thoughts.
DOUG IRISH-Spoke to the board regarding the Town Code noting it still refers to junkyards as junkyards.
In the industry today it is really a salvage facility or recycling facility recommended the board update the
Code. Glad that the Town did not take anv action regarding the resolutions to clean up peoples properties
thinks it is a tough situation to put people into it is a slippery slope to send the Town employees over to
people houses to cut grass,but understands if it is a safety issue.
COUNCILMAN BREWER-It was intended for abandoned houses or homes in foreclosures.
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 367
MR. IRISH-Spoke to the board regarding the fund balance thinks that it is a good thing for Queensbury to
keep their own fund balance. Spoke regarding the pool at Gurney Lane asked the board to put more money
in the capital projects fund for this noting the pool needs to be rebuilt.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER—WARD FOUR
• Spoke regarding the Do Not Litter Signs asked if they could put these around the Town to prevent
people from littering.
COUNCILMAN STROUGH—WARD THREE
• Nothing to report
COUNCILMAN CLEMENTS—WARD TWO
• Spoke regarding changing the privilege of the floor to before the resolutions so that the
public has an opportunity to comment on any of these. Recommended if they did this to
continue the format limit per person on all the resolutions asked the board for their input,
members of the board noted it is fine with them.
SUPERVISOR MONTESI
• Monthly report for Community Development and Building and Codes for the month of
August 2013.
7.0 CORRESPONDENCE
DEPUTY CLERK, O'BRIEN-Presented Town Board Members with the Tentative Budget for 2014.
8.0 RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO. 370,2013
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and moves into Executive Session to discuss pending litigation.
Duly adopted this 9th day of September, 2013 by the following vote:
AYES: Mr. Montesi, Mr. Clements, Mr. Strough, Mr. Brewer
NOES:None
ABSENT:Mr. Metivier
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO. 371,2013
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 09-09-2013 MTG#35 368
RESOLVED, that the Town Board of the Town of Queensbury adjourns from Executive Session no
action taken and moves back into the Town Board of the Town of Queensbury.
Duly adopted this 9th day of September, 2013 by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT:Mr. Metivier
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 372,2013
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town
Board Meeting.
Duly adopted this 9th day of September, 2013, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi,
NOES: None
ABSENT:Mr. Metivier
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury