2013-11-04 - Mtg 41 REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 484
TOWN BOARD MEETING MTG. # 41
NOVEMBER 4, 2013 RES. 430-446
7:00 p.m. BOH 29-30
TOWN BOARD MEMBERS PRESENT
SUPERVISOR RONALD MONTESI
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
DIRECTOR OF PARKS AND RECREATION STEVE LOVERING
BUDGET OFFICER BARBARA TIERNEY
WASTEWATER SUPT. CHRIS HARRINGTON
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THE GLENS FALLS POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN JOHN STROUGH
1.0
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 431.2013
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
Duly adopted this 4th day of November, 2013 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
BOARD OF HEALTH
CONTINUATION OF PUBLIC HEARING OF OCTOBER 21, 2013 PATRICIA AND
RAYMOND SORESINO
SEWER VARIANCE - 16 SNUG HARBOR
Supervisor Montesi-Patricia and Raymond Sorensino This is an application for a variance from
58' from their well, a 110' from a neighbor's well and a 142' from a neighbor's well. This is a
continuation of a variance Mr. Sorensino the last time we were concerned that he would not
have clean well water from his well because he is 58' from his septic tank. So, we asked for a
filtration device and I guess you are going to give us the presentation as to what you found.
Mr. Sorensino-I did do a water sample of the water and I went to Webb and they directed me to
the direction of this UV Max that I handed out to you. Webb said this would handle the water
issues if there is any. What I will do is monitor it for two years or more every month and just
have samples taken of the water to make sure it is ok.
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Councilman Strough-Well you are going to put this filtration device in which has got the ultra
violet feature and the sedimentation and so it goes through two filters as well as ultra violet that
is a pretty good system.
Mr. Sorensino-That is top of the line.
Councilman Brewer-We did a couple of these up in Lake George didn't we, Dennis MacElroy
had a couple of these system that he put in.
Supervisor Montesi-I think we have used some in the past, yes.
Councilman Brewer-The UV part
Supervisor Montesi-Are there any other questions from the Town Board?
Councilman Clements-This is for your well?
Mr. Sorensino-Yes.
Councilman Clements-What about the other wells?
Mr. Sorensino-Which ones?
Councilman Strough-This is the one that is fifty eight feet.
Councilman Clements-Right, I know yours is the closest one but you do have two other ones that
are 110' and a 142' right?
Mr. Sorensino-They are supplied by, they have a water filtration plant Naomi it is a chlorine
system and it feeds fourteen cottages in the area. I have their filtration system here.
Supervisor Montesi-You could of one of your options was that you could have joined that
Mr. Sorensino-Yes. He said I could hook up to his water anytime if I wanted.
Supervisor Montesi-Right.
Councilman Metivier-I am not sure if this unit is different but we use one of these as well and it
does not have any indicator if the light goes out, so you do need to check that on a regular basis
to make sure you are using the light?
Mr. Sorensino-The fellow at Webb said to replace the bulb every year, no matter what.
Councilman Metivier-Well that's probably very smart. Our's went out after about five years.
Councilman Brewer-Do you know how long the system is capable or working? Or do you just
replace
Mr. Sorensino-You just keep replacing filters and elements.
Councilman Brewer-What is the indication that tells you it is dirty?
Mr. Sorensino-I believe that there is an indicator lamp on it, if not the fellow at Webb said just
yearly just replace the filters and because you have a particulate you have a carbon and then it
goes through the UV.
Councilman Brewer-...automatically once a year.
Mr. Sorensino-Just do it no matter what, he said and it will be ok.
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Councilman Strough-Once you goes through here you will have the best water in the area
probably.
Councilman Brewer-What is the assurance if this thing fails I mean what do you do just wait
until he gets another one?
Councilman Metivier-What is that?
Councilman Brewer-This system, where is this placed?
Mr. Sorensino-This is, the water place?
Councilman Brewer-No, the filtration unit where is the physical
Mr. Sorensino-That would go in the basement.
Councilman Brewer-The basement of your home?
Mr. Sorensino-Yes.
Councilman Brewer-Ok.
Mr. Sorensino-That connects right to the well.
Councilman Brewer-All right so then it is something that there is easy access.
Mr. Sorensino-Yes.
Councilman Brewer-I am fine.
Supervisor Montesi-Ok, any other questions? Any public comment? No one spoke. Hearing
Closed
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF
PATRICIA AND RAYMOND SORESINO
RESOLUTION NO.: 29,2013 BOH
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Patricia and Raymond Soresino filed an application for variances from
provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, such application
requesting that the Local Board of Health allow installation of a seepage pit:
1. 58' from their well;
2. 110' from a neighbor's well; and
3. 142' from a neighbor's well;
instead of the required 150' setbacks on property located at 16 Snug Harbor, Queensbury, and
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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 hearings concerning the
variance requests on Monday, October 21St and Monday, November 4t1i 2013, and
WHEREAS, the Town Clerk advises that property owners within 500 feet of the subject
property have been duly notified,
NOW, THEREFORE, BE IT
RESOLVED,
a) that due to the nature of the variances, it is felt that the variances would not be materially
detrimental to the purposes and objectives of this Ordinance or to other adjoining
properties or otherwise conflict with the purpose and objectives of any plan or policy of
the Town of Queensbury; and
b) that the Local Board of Health finds that the granting of the variances is necessary for
the reasonable use of the land and that the variances granted 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 Town of Queensbury Local Board of Health hereby approves Patricia
and Raymond Soresino's application for variances from the Sewage Disposal Ordinance to install a
seepage pit
1. 58' from their well;
2. 110' from a neighbor's well; and
3. 142' from a neighbor's well;
instead of the required 150' setbacks on property located at 16 Snug Harbor, Queensbury and
bearing Tax Map No.: 290.5-1-23. and
BE IT FURTHER
RESOLVED, that approval be conditioned upon UV Max system be installed in the
homeowners cellar.
Duly adopted this 4th day of November, 2013 by the following vote:
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 488
AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION ADJOURNING BOARD OF HEALTH
RESOLUTION NO. 30,2013 BOH
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back
into Queensbury Town Board.
Duly adopted this 4th day of November, 2013 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
TOWN BOARD MEETING
2.0 PUBLIC HEARING
2.1 PUBLIC HEARING—ANNUAL BUDGET FOR 2014
NOTICE SHOWN
PUBLICATION DATE: October 25, 2013
Supervisor Montesi-We do have a slide presentation for the public.
Barbara Tierney our Budget Officer is with us tonight and so as we are going through this if
there are any questions as we go through it please feel free to ask.
The Budget Highlights this year the total of all Town Funds twenty nine million dollars. That
means that our total budget is twenty nine million eight hundred and seventy four five, five
seven. General Town Tax rate will be 7% lower than 2013. Sales tax revenue for 2014 is up
1.6% or One hundred and twenty five thousand. That means, that relates to seven million nine
hundred thousand compared to seven million seven and seventy five thousand. We have seen a
steady increase over the past three years. As you know we use that sales tax to help reduce the
Town Tax.
Budget Officer Tierney-This slide just shows the up and down by fund the general fund,
cemetery, highway and the solid waste fund you can see some are up some are down. The next
slide, this slide shows some more funds, it shows the EMS services which combines fire and
ems. The total lighting district in the town always water funds, the two water funds as well as
the two aquatic benefit districts for Glen Lake and Lake Sunnyside. You will see Lake
Sunnyside's benefit is up a 100% for the simple reason that it is a new district.
Supervisor Montesi-For the students from Queensbury the trivia question that you can ask in
your Class tomorrow can anybody guess how much it costs to light all the lights in the Town of
Queensbury Street lights? There is it a hundred and thirty nine thousand. At the end of 2012
our fund balance was $ 5.8 million that means our surplus. In 2013 $1.5 million was
transferred to a capital reserve fund for future capital projects. Things like our swimming pool
that needed renovation, our parking lot that needs paving, painting and restructuring of the
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Highway Garage. So, the estimated fund balance for 2013 will be $4.3 million which is a
reasonable fund balance the Town the size of Queensbury. My Budget Officer Barbara thinks
that it is important that $4.3 million represents about three months of our operation of the Town.
That is what the Comptroller's Office feels is reasonable and Barbara feels is reasonable.
Budget Officer Tierney-And the Comptroller is the one that counts.
Supervisor Montesi-General Town taxes is on an average residential home assessed at $216,000
at a Tax of$.60 per thousand is $130.00 or $35 a day. Those services include; General Town
Operation, the Town Clerk, Tax Receiver, Assessment, Court, Historian, Planning, Zoning,
Animal Control, Code Enforcement, Parks and Recreation , trails, pools, numerous programs , of
the Q-Club. The Highway maintains 190 miles of road, drainage, spring and fall clean-up.
Cemetery and Crematory Services and all assorted equipment and personnel. So, that is what
youR $35 a day buys you in the Town of Queensbury. That is the end of our presentation are
there any public comments or questions?
John
Mr. John Salvador-Goodevening, for the record my name is John Salvador. I would like to
speak from your Tentative Budget that was available in the Clerk's Office.
Supervisor Montesi-The floor is yours Mr. Salvador.
Mr. Salvador-I have in front of me a 2014 Town Budget General Fund Appropriations, this
sheet. I noticed under Code 1470 Board of Ethics that you have not appropriated any money for
that activity. It is the law that you are supposed to have not only a Board of Ethics but an Ethics
Code, that is the law. Now this has been blank repeatedly for the last I do not know, four or five
years. Again are we not going to have an Ethics Code and an Ethics Board where a person can
bring complaints.
Councilman Strough-We have a Code I think the question is do you want to Board to go along
with that Code?
Mr. Salvador-That is another issue.
Councilman Strough-That is a legitimate question.
Councilman Brewer-But it doesn't necessarily mean that we have to have any funds for it. There
is not a law that says we have to have budget line item for the Ethics Board and have money for
it John does it?
Mr. Salvador-If it has a code of accounts and it is on this list I think the presumption is that a
Board of Ethics is going to cost you some kind of money that you have to appropriate. Do you
pay the people that sit who sit on the Board of Ethics?
Councilman Brewer-No...
Mr. Salvador-As you do a Planning Board or
Councilman Brewer-I do not think we ever had paid anybody on this Board that is why I am
telling you.
Mr. Salvador-I do not know. Maybe that is why you cannot get anybody to serve.
Councilman Strough-Right here John, is the Ethics, the Code, part of which I wrote.
Mr. Salvador-Why don't we have an Ethics, a Board of Ethics?
Councilman Strough-I agree, we will work on that.
Mr. Salvador-Pardon me?
Councilman Strough-We will work on that one, we will get one.
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Supervisor Montesi-John, you have asked this for five years can I ask you a question?
Mr. Salvador- Yes.
Supervisor Montesi-Would you serve on this Board?
Mr. Salvador-I might consider it, yes.
Supervisor Montesi-Ok. I just
Councilman Strough-I will take that as a yes.
Mr. Salvador-Would you allow me to serve?
Councilman Metivier-That is another question, John.
Mr. Salvador-Code 1920 Municipal Association Dues. I guess that is the Association of Town's
Dues.
Budget Officer Tierney-Correct
Mr. Salvador-It is well recognized that the Association of Towns is a private club it is not a State
agency. The most disturbing thing we heard about a month or so ago was the fact that the people
working for the Association of Towns that is the lobbyist, are benefiting from the State pension
fund and they are not state employees. Now there is something wrong there, you talk about
ethics in government. We are contributing, that money we contribute to the Association of
Towns is going to pay insurance or retirement benefits for those lobbyist who are not State
Employees.
Supervisor Montesi-Good point John, I think they not only did they pick on the Association of
Towns but there were quite a few other organizations to.
Mr. Salvador-School Districts, Counties, Villages, all of them. I mean, that's how does
something like that get approved? At what level of the State does that thing get approved? But
anyway, I maintain that those dues are, should not be a part of the Town Budget, they are, it is a
private club it is a lobbying organization it does not do the citizen taxpayer any good whatsoever.
We get no benefit derived from it. You got an item here contingency a hundred and ninety nine
thousand dollars. I imagine every one of these codes has a little bit of contingency built into it.
Supervisor Montesi-I am sure we do. What is the hundred and ninety nine thousand he is talking
about?
Mr. Salvador-You are compounding
Budget Officer Tierney-The hundred and ninety nine thousand is the contractual contingency for
things such as the Town Board deciding to hire a Board of Ethics at which point the budget
would be amended from a contingency to a supply that Board of Ethics if the Board so chooses
to pay it. It also helps smooth out line items that frankly do not have any more padding. Mr.
Salvador you have been around this Town Board long enough that you know for the past eight
years these budgets have continually been slashed. My departments really do not have a lot of
fluff in them, considering fuel, heating energy it all goes up.
Mr. Salvador-Ok. Animal Control, is costing us sixty thousand four hundred and eighty dollars.
Why isn't that a self-supporting item?
Supervisor Montesi-Dog licenses, I am not sure do you know what we generate in dog licenses?
Town Clerk Dougher-Not off the top of my head.
Supervisor Montesi-Rough guess? We are collecting fees
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Town Clerk Dougher-Yes.
Budget Officer Tierney-We are looking at budgeted for fourteen, six thousand five hundred
dollars.
Supervisor Montesi-Fourteen thousand, along with the fact that up to this point for the year I
think our dog warden has made six hundred and eighty four calls. Incredible amount of calls.
Mr. Salvador-The fact that you have to administer this program is a State mandate, this becomes
an unfunded mandate, if you can't collect enough in license fees to cover your costs then that
becomes an unfunded mandate. It looks like it is a sizable amount of money. The difference
between what
Supervisor Montesi-The difference between sixty and fourteen, yes.
Mr. Salvador-Maybe we have to increase the fee for dog license.
Councilman Brewer-What would be the fee be to make the sixty thousand if we are getting
fourteen now?
Budget Officer Tierney-We are getting sixty five actually I am sorry this must not be working
right. Sixty five hundred is budgeted for fourteen.
Councilman Brewer-That number would go down about, I do not know what it would go down
to but I am certain that a hundred dollar fee for licensing a dog for example I do not think you
would get too many people in here wanting to pay a hundred bucks for a dog license.
Supervisor Montesi-How much for a dog license?
Town Clerk Dougher-Unspayed thirteen, spayed six
Supervisor Montesi-Well it is thirteen dollars.
Mr. Salvador-It is the law that they
Councilman Brewer-I understand what you are saying John, but there is a law and there is
reality.
Supervisor Montesi-Thirteen dollars for a license.
Mr. Salvador-Have we enumerated all of the dogs?
Town Clerk Dougher-We just finished it a year ago and it is continuing as we speak.
Mr. Salvador-7410 Library, there is nothing there. This is another subject I brought up
repeatedly. As you know Crandall Library is a taxing district however the Crandall Library does
not have taxing authority. The authority to raise the taxes from the approval of this budget. If
there is no money in this budget there is no money, there is no approval for a library tax. Now
the enabling legislation for the library, I will read this paragraph. The Board shall, that is the
library board shall annually file with the Clerk of each of the municipalities an estimate of the
proposed budget including costs of the library services to be raised by levy for the public library
district in the fiscal year beginning on the succeeding first day of January. The municipalities
shall not make any change in the estimate of revenues or expenditures submitted by the Board in
preparation of its preliminary budget. This is your preliminary budget and the library tax is not
in there. This has been going on for over twenty years. The library came in the taxing district
came in to being in 1992. Now the Town of Moreau does this correctly, the Town of Moreau
has a line item in their budget Crandall Library Tax, and we do not do it that way. The only
reason that Mr. Stec offered for not doing it was that it had never been done before.
Supervisor Montesi-What is the difference. It would still be the same dollar amount.
Mr. Salvador-It would be a line in your budget.
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Councilman Brewer-Don't we pass the budget tomorrow when we vote so we do not really know
what the budget is do we?
Mr. Salvador-Sure you do, it was delivered to you I believe in August.
Councilman Brewer-What if it fails, doesn't it change?
Mr. Salvador-Every year their budget changes.
Supervisor Montesi-What if the vote in the Town of Queensbury does not pass the Library
Budget?
Mr. Salvador-I think they have to use last years budget. The last approved budget.
Supervisor Montesi-By us putting it in could be a very wrong thing to do.
Mr. Salvador-No. Not at all.
Supervisor Montesi-We would have to change our budget because it did not pass?
Mr. Salvador-First of all you cannot approve this budget tonight because we have not voted on
the library budget yet.
Supervisor Montesi-That is why it is not in there.
Councilman Brewer-We cannot put it in there if we do not know what it is going to be.
Mr. Salvador-You know what it is they have told you.
Councilman Brewer-We do not pay the library we merely collected tax.
Councilman Strough-They are a separate authority.
Mr. Salvador-John what was
Councilman Strough-The library is its own separate authority it puts together its own budget.
Mr. Salvador-It has no authority to levy a tax. Capisce?
Councilman Strough-Unless it is approved by the voters.
Mr. Salvador-The authority to collect the taxes comes from this Board.
Supervisor Montesi-Once the voters have approved it.
Budget Officer Tierney-It is a pass through, through the Town our Counsel has looked into this
several times and in recent opinions through the office of local government because there is a tax
cap in place, if these numbers were included in the Town of Queensbury budget they would be
subject to the Town's tax cap however because the library district is its own district they have
their own tax cap they need to follow. Therefore there is no
Mr. Salvador-It is the same as ours isn't it?
Budget Officer Tierney-No, they are a different district they have a different levy all together it
is a separate entity and we discuss this every year, it is not in the Town of Queensbury budget
because the Town of Queensbury is used as a pass through. The voters approve the budget and
then the district can move forward.
Councilman Brewer-We merely collect it and pass it right onto the library.
Budget Officer Tierney-Correct.
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Councilman Brewer-The same thing for schools.
Mr. Salvador-Why can't we conform to this? This is the enabling legislation it tells you are
supposed to do.
Supervisor Montesi-Well, I am not so sure that the Town of Moreau is doing the right thing,
because if the voters don't vote it down then they have to change their whole town budget based
on that.
Mr. Salvador-But they do not approve their budget until after election day.
Budget Officer Tierney-I have to file with the New York State Comptroller's Office a tax cap
certification. It has to be done prior to the Town Board vote which is presumably going to
happen tonight. The Library Board does not have an approved Budget yet. They file their own
tax cap they are their own agency they are their own district and the Town and we can talk
around this for another ten minutes.
Supervisor Montesi-Well we talk about it every year.
Budget Officer Tierney-Exactly we talk about it every year. It is a pass through the Town looks
at the library monies as a straight pass through it comes in the library tax gets collected and it
goes right back out into the Crandall Library.
Mr. Salvador-You are absolutely right, except there is no authority, there is no authority to levy
the tax until this Board approves the budget. It has to be in the library tax has to
Councilman Brewer-I think you are mistaken John, I think until the voters approve their budget
not this Board. The voters have to approve their budget not these five guys sitting up here.
Mr. Salvador-That will occur tomorrow.
Councilman Brewer-Correct, it will pass or it will fail and we will know what it is.
Mr. Salvador-It is very easy to change a proposed budget, this is proposed.
Councilman Brewer-The money comes to us we turn it over to the library we do not create the
tax, we don't raise it or lower it, it has nothing to do with us..pass through.
Mr. Salvador-You authorize, Mr. Brewer please you authorize it, listen Town law states.
Supervisor Montesi-We are listening, next?
Mr. Salvador-You are listening?
Supervisor Montesi-Yea.
Mr. Salvador-Thank you. Sanitary Sewer here, 8120 is also blank, why?
Budget Officer Tierney-Because this is the general fund you are looking at Sanitary Sewer is on
the wastewater fund.
Mr. Salvador-Ok, it has its own district?
Budget Officer Tierney-They are their own district, yes.
Mr. Salvador-Ok. 9730 Bond Anticipation Notes you voted here I don't know a month or so
ago to bond the sewer improvement, the sewer system improvements. What are your plans in the
coming year for a Bond Anticipation Note?
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Supervisor Montesi-Well, we are going to go to bid, the estimates from the engineer was about a
million dollars, am I right on that Chris?
Director of Wastewater Chris Harrington-Yes.
Supervisor Montesi-We got the engineering done we know what the estimate is now we have got
to go to bid.
Mr. Salvador-Something has got to be in your budget you are going to spend monies in this next
year.
Budget Officer Tierney-You are looking at the general fund again and we are going out to bid in
the Wastewater Department
Mr. Salvador-It is in the Wastewater?
Budget Officer Tierney-I am not sure how much money Chris included on that I will have to
look it up.
Mr. Salvador-Ok. We will get to it.
Budget Officer Tierney-It will get there.
Mr. Salvador-On the fourth page, the grand total here, the grand total of all funds does that
shows that our budget is increasing 3.03%?
Budget Officer Tierney-You have the tentative, the ..on the preliminary so that number is slightly
different. The Preliminary Budget if 3.29%
Mr. Salvador-Ok, in any case does that exceed the tax cap?
Budget Officer Tierney-No.
Mr. Salvador-I thought the tax cap was something like two percent.
Budget Officer Tierney-There are exclusions there are carry over amounts that gets calculated
there are exemptions for New York State Retirement the formula gets calculated it gets filed with
the Comptroller's Office who received this Wednesday October 30th and it shows the Town
being under the tax cap calculation by a hundred and ninety seven thousand dollars.
Mr. Salvador-So, three percent is allowable.
Budget Officer Tierney-The calculation for the tax cap you need to go to the front page of the
budget that shows a summary of all funds, it looks like, Mr. Salvador it looks like this,
Supervisor Montesi-You can read it to him.
Budget Officer Tierney-ok. The sheet will show you an amount to be raised by taxes you
mentioned that that budget is going up by 3.3% but the amount to be raised by taxes is what the
calculation moves on. So if you take about the fourth column from the right it will read amount
to be raised by taxes bottom total is about seven million two hundred thousand that is the number
that gets used for a tax cap calculation. The tax cap does not apply to your budget it applies to
the taxes raised to the tax levy.
Mr. Salvador-That is not my understanding.
Budget Officer Tierney-Well
Supervisor Montesi-Well
Mr. Salvador-Just a minute, how can you be limited you have no control over the taxes you have
control over a budget.
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Budget Officer Tierney-The tax cap,just like the name says, it is a tax cap calculation it is a
calculation of the raise in tax levy in a municipality. If the Town calculates that over the next
five years it expects a ten percent annual increase in sales tax and plans to use that full force that
budget might go up by a larger number. It is the tax levy that we are subject to a tax cap
calculation.
Mr. Salvador-Ok thank you.
Budget Officer Tierney-You are welcome.
Mr. Salvador-We talked about dog licenses, I am on estimated revenues. You are telling me
there is a ten to one ratio between what it cost us to enumerate the dogs and what we are
collecting for tags. Ten to one ratio.
Councilman Clements-It is not just dogs is it, I mean it is all kinds of things.
Budget Officer Tierney-It is not just enumeration, it is dog control, it is ...dogs biting.
Mr. Salvador-Ok. The highway fund, the Chips money is at three hundred and forty one
thousand which represents quite an increase over the previous year I believe. Last year was two
hundred and forty thousand and you are forecasting three forty one.
Supervisor Montesi-I not so sure we are forecast that, that is what the State tells us what they are
going to give us.
Budget Officer Tierney-It has been confirmed by the State.
Mr. Salvador-Pardon me?
Budget Officer Tierney-It has been confirmed by the State.
Mr. Salvador-It has been confirmed.
Budget Officer Tierney-By the Department of Transporation.
Supervisor Montesi-That is the same pretty much the way it happened at the County to, we had a
substantial increase.
Mr. Salvador-Ok. Quaker Road Sewer District I have here where is the it does not show
anything for serial bonds. This is revenue. What do you do with the proceeds from the sale of
the bonds?
Budget Officer Tierney-The Town is not at that point yet to go out and issue bonds to authorize
issuance of bans the project has to be bid out first to see what we are looking at, then the
resolutions will be passed. No debt service will be do in fourteen.
Mr. Salvador-Nothing in fourteen. They won't be.
Budget Officer Tierney-The debt service is not project to happen in fourteen.
Mr. Salvador-They are not going to do any work in
Budget Officer Tierney-They will do work but then the bonds get issued; it is a long process it
takes a while.
Mr. Salvador-How do you finance the work before the bonds are issued?
Budget Officer Tierney-You do the work at some point you are going to get an invoice you issue
a short term bond anticipation note you get the funding and a year after that funding is put in
place your first debt service is due.
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Mr. Salvador-It is not just debt service it's well It is the whole thing, the amortization of the
bond. But it is not going to cost this town anything then that bond issue in the ensuring year, is
what you are saying.
Budget Officer Tierney-Other than the fee, there will be no debt service, no principal or interest
payment due in fourteen.
Mr. Salvador-How do account for what is being spent?
Budget Officer Tierney-It is in a Capital Project.
Mr. Salvador-Ok. All right. Now the granddaddy of them all. Not for profit organizations. I
can remember nagging on Mr. Champagne about this account which was in the order of fifty
thousand dollars when he was in office, it is now a hundred and eighty four thousand, Not for
Profit Organizations? You are supposed to get a service for the money that you expend. You are
supposed to get goods or services. What services do you get from LARAC?
Supervisor Montesi-Is LARAC in there this year? No. I do not think it is.
Mr. Salvador-A thousand dollars oh, this year zero, I am sorry. Ok, good.
The Queensbury Land Conservancy twenty thousand dollars. What do we get for that?
Supervisor Montesi-We get their managing of land that we have given them. Fore instance,
Clendon Brook Reservoir, what is the one up on West Mountain Road what do they call that?
Councilman Metivier-VanDusen Preserve.
Supervisor Montesi-VanDusen Preserve, they are doing some management for us that we would
either have to do it with our Rec. Department or they are doing it.
Mr. Salvador-Who manages the land across the street, across Aviation Road from the Aviation
Mall? That is the shabbiest piece of land I have ever seen.
Councilman Brewer-The Recreation Department or excuse me Building and Grounds is
supposed to maintain that.
Councilman Strough-No, they can't because of the State has their right of way and their State
Land follows Aviation Road.
Mr. Salvador-No the land we purchased from Charles R. Wood Foundation, remember they were
going to develop it, we took it over. That forested land. Who maintains that?
Councilman Strough-You mean where the woods start or where the grass is?
Where the woods start is town property. The mowed area that is not kept up so well that is State.
Mr. Salvador-Across the road from
Councilman Strough-Aviation Road
Supervisor Montesi-Are you talking about the grass in the sidewalks and the grass that grows
through the cement? Or are you talking about
Mr. Salvador-When I look eye level I look into the woods there ok.
Supervisor Montesi-What do you want to do it is supposed to be ever wild. You want to go in
and trim it?
Mr. Salvador-It is a hell of a fire hazard, is what it is.
Supervisor Montesi-Oh, ok. Maybe we should not have bought it then.
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 497
Mr. Salvador-I see a sign down the road here Haviland Road I see a sign on the front of the
building and says Queensbury Land Conservancy, like that is the place where they do their thing.
Supervisor Montesi-They have an office in, Leon Steves is the Chairman of that and he has an
office in his sons building there.
Mr. Salvador-Do we pay for that?
Councilman Metivier-No, I do not believe we do.
Mr. Salvador-Be careful.
Supervisor Montesi-No I think they charge them a rent, so I mean it comes out of that twenty
thousand.
Mr. Salvador-Yea.
Supervisor Montesi-Well I mean I am aware of that.
Mr. Salvador-There is plenty of office space around here that can be used.
Mr. Tucker-It is part of the twenty thousand goes, John.
Mr. Salvador-Pardon me.
Mr. Tucker-That is where part of that twenty thousand you were asking about goes.
Mr. Salvador-I understand.
Mr. Tucker-Operating expenses.
Mr. Salvador-I understand. But there is plenty of office space available in this building your
office fore instance, how often do they meet once a month?
Councilman Strough-I think once a month John.
Mr. Salvador-How many people are there?
Supervisor Montesi-Eight or ten.
Councilman Brewer-Eight or ten probably a substantial amount of people.
Mr. Salvador-It is really an unnecessary expense. We have got space in these buildings where
they can meet. We are using occupancy tax funds for a good number of these. On the first page
you have for museum you have a blank no cost and yet on this page the Chapman Museum, the
Hyde Collection the World Awareness Museum why aren't those costs in your general fund? It
would look like we are not financing any museums and yet there is a good deal of money here.
Supervisor Montesi-The justification for the museums is that it is kind of a tourism type of thing
and we are doing it with Occupancy Tax Dollars because it helps tourism.
Councilman Strough-It may also be the case to where you are talking about some municipalities
have their own museums we don't we subsidize the other museums that sponsor our community,
preserve the history, promote the history of our community so we help defray some of those
costs.
Mr. Salvador-Out of your general fund I can understand that thinking but not out of Occupancy
Tax money which is supposed to be used for promotion. Heads in Beds is the acronym. People
do not come here and stay overnight to go to the Chapman or to the Hyde. They are in and out in
a day.
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 498
Supervisor Montesi-I do not know there was a, there was thirty four thousand people that came
to Glens Falls to see the O'Keefe show this year.
Mr. Salvador-Fine, did they stay over?
Supervisor Montesi-I think some of those might have stayed overnight.
Mr. Salvador-Maybe. Ok. All right. But you cannot pass this budget tonight because the library
is supposed to be in it.
Supervisor Montesi-I hear you. That is why it isn't.
Mr. Salvador-Well that is not correct either.
Supervisor Montesi-Anyone else from the floor? Mr. Ball
Mr. Ronald Ball-Queensbury, New York I was wondering you budgeted money for boat
washing I believe, Anthony could probably answer this better. Before I start though I want to
say, I am for anything we can do to help clean the lake. Ok. I do not want anybody get the
wrong opinion when I speak, my wife said to come up here and kill you with kindness so I am
going do the best I can, ok. But this is for Anthony, because I have seen him on the lake a few
times. Could you tell me how much we funded them for the boat washing?
Councilman Metivier-Thirteen thousand
Supervisor Metivier-We put thirty thousand in the budget this year.
Mr. Ball-You put thirty thousand in it this year, have they received it or is this
Supervisor Metivier-No, not yet.
Councilman Metivier-Last year it was thirteen thousand.
Mr. Ball-Thirteen last year and possibly you got thirty more you are going to give them. So,
forty three thousand dollars together maybe? Am I accurate?
Supervisor Montesi-Yes.
Mr. Ball-Now the boat washing, do you know exactly what that consists of? Where I keep my
boat in Lake George there has been quite a few Asian clams right
Mr. Salvador-And you come to us for gasoline, you bring those Asian clams.
Mr. Ball-So, I know they hang out in the sandy areas and they keep finding more and more spots
of them. So, the boat washing, can you tell me when they wash a boat what exactly do they do?
So, say someone comes in trailered boat ok and they pull up and I believe the first thing they do
is they visually look it over to see if it needs to be washed ok, can you tell me do they go in bulk?
Councilman Metivier-I do not know if they go in the boat. What they typically, what the plan is
to do is to have a tag on every boat the tag has to attached to the trailer of the boat. If you take
your boat out of Lake George and you dock it on Lake George, when you take it out it will be
tagged that we know that your boat is from Lake George, if your boat is not from Lake George
you will not have that tag on it you will be required to go to a washing station. A washing
station is a high pressure, high heat system that also has a confinement area where all the water is
recycled. The boat will be washed on the outside, out drive, I do not know about the inside but I
do know that something about the bilge. The bilge and the bate area will probably be inspected.
Supervisor Montesi-Yes.
Mr. Ball-I don't want to, I don't mean to stop you here but I got a question about that. Some of
these boats are quite big and you have to lift their hatch to see down in there so, they are going to
do that, they are going to check into the bilge area? Here is a very important question, I have not
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 499
heard anybody say it. If all these Asian clams are on the bottom and a person with an anchor
drops his anchor into that sand with a hundred foot chain on it some boats do have that, and then
they draw that up and they put their anchor away in the anchor box, aren't these Asian clams
going to be pulled inside the anchor box? So, my question is how in the world can they pull that
anchor out a hundred feet stretch the chain to see if there are any clams in it, Asian clams in it?
Councilman Metivier-That is a great question Ron. I do not have an answer for that but we will
get one.
Councilman Brewer-We will forward that to Wick.
Councilman Metivier-Absolutely, you know what that is a great question.
Mr. Ball-One more thing, I wasn't too sure about, maybe a couple of months ago I read in the
Post Star that you had to have an operator's license to operate a marine vessel, personnel
watercraft or boat. I read it and it said everyone.
Councilman Metivier-Yea that is not true.
Mr. Ball-Then the following week I read in the Chronicle that it was only I believe for sixteen
years old?
Councilman Metivier-It is actually, I have been doing a lot of research on this at this point it is
up to eighteen year olds, need to have a license in the next year to operate a boat or a jet ski.
They are going to eventually start mandating that everyone have a license in order to operate a
boat but they said that might be seven years down the road before they actually implement the
second part of that.
Mr. Ball-I also heard that anyone that wanted to come up to rent a boat does not need a license to
do that.
Councilman Metivier-That is one of the problems with the whole bill law if you will, how are
they going to regulate that?
Mr. Salvador-They are the ones that need it.
Councilman Metivier-They are the ones that need it. We all know that there is no doubt about it
but how do you implement such a thing?
Mr. Ball-Well in Massachusetts, I forget the name of the lake over there but anyways a friend of
mine lives over there, he says that they have a law that if you and I am not a hundred percent
about this but they have a law when someone wants to rent a boat you have got to spend one half
hour course. Then once you do the one half hour course they certify you. Which is fair enough.
But, I think you have to renew that permit each year unless you end up buying a boat. So, I think
that is one way you know, I don't know, I don't know.
Councilman Metivier-But we will look into the question you had that is a great question.
Supervisor Montesi-Mr. Ball I will tell your wife you did a good job tonight so far.
Mr. Ball-I am not done yet.
Supervisor Montesi-I know. Any other questions on the budget? Close the public hearing....
RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2014
RESOLUTION NO.: 431,2013
INTRODUCED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 500
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board conducted a public hearing on Monday,
November 4t1i 2013 concerning the proposed 2014 Preliminary Budget and all interested persons
were heard, and
WHEREAS, the proposed 2014 Preliminary Budget sets forth the proposed 2013 salaries
of the Town's Elected Officials as required by New York State Town Law §27,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the
2013 salaries for the Town of Queensbury Elected Officials shall be as follows:
TOWN SUPERVISOR 67,276.
TOWN COUNCIL,PERSON(4) 18,000.
TOWN CLERK 66,442.
TOWN HIGHWAY SUPERINTENDENT 67,161.
TOWN JUSTICES (2) 42,969.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts the 2014 Preliminary Budget presented
at this meeting as the Town of Queensbury Annual Budget for 2014 with the following
modifications:
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter
the Adopted Annual Budget in the minutes of the Town Board proceedings, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 501
RESOLVED, that a copy of the adopted Annual Budget for 2014, including a copy of the
S495 Exemption Impact Report, is attached and made part of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby states its support of non-profit and other
community organizations by providing funding as outlined in the Schedule of Contributions
which is contained in the supporting documentation to the 2014 Adopted Budget, subject to
Town Board approval and the availability of funding, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the
Queensbury Town Supervisor so that he may present it to the Warren County Board of
Supervisors.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES None
ABSENT: None
Supervisor Montesi-Thank you Barb
Councilman Metivier-Thank you Barb for your work
3.0 HEARING
Supervisor Montesi-We have a hearing on John and Dawn Clifford's application for a
variance/waiver request from Sanitary Sewer Connection Requirement set forth in Town Code
Chapter 136— Sewers and Sewage Disposal
Ms. Dawn Clifford- I am Dawn Clifford and this is Susan Motler and she is representing her
father John.
Supervisor Montesi-You are part of Main Street which we did over and there is a new sewer
district there lots of the homes along Main Street or properties are for sale and the final
disposition of what will or potentially could be there hasn't been sorted out yet so you are asking
for a variance not to have to hook up to the sewer just yet. I guess it is a one year variance
right? We have done this many times in the past for exit Main Street and it just seems
reasonable to allow you to have the opportunity to see if your property sells if there is going to
be a commercial development on it that will need the sewers. So, we are planning for the future
but we are understanding your concerns and your needs for not having to hook up right now.
Councilman Strough-two years.
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 502
Councilman Brewer-Typically it was two years we have changed a lot of them to a year, I
understand what you are saying, John we have that option whether we want to do two or one. If
the land is sold before the time is up they have to hook up anyways right.
Councilman Strough-Or the change in use or so forth, any increase in the septic capacity
Ms. Clifford-I am sorry I did not hear that.
Ms. Motler-I think they are talking about whether like if the property is sold
Ms. Clifford-If it sells.
Ms. Motler-Then it would be
Ms. Clifford-Then they would have to connect.
Councilman Brewer-They would have to automatically.
Ms. Clifford-That would make sense, what will happen if a year goes by and it still hasn't sold
and we are still not
Supervisor Montesi-Just come in and ask for another
Ms. Clifford-Come back for another exemption.
Councilman Strough-It is two years.
Ms. Clifford-Two years.
Councilman Brewer-Well that is what the resolution says.
Ms. Motler-It might be two years.
Ms. Clifford-Two would be better.
Supervisor Montesi-It is something we have no problem doing and understanding your concerns.
Ms. Clifford-Thank you.
Ms. Motler-Thank you so much.
Ms. Clifford-Thank you very much.
RESOLUTION APPROVING JOHN AND DAWN CLIFFORD'S APPLICATION FOR
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION
REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136—SEWERS AND
SEWAGE DISPOSAL
RESOLUTION NO.: 432,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 503
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, John and Dawn Clifford (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 their property located at 34 Main Street, Queensbury to the West
Queensbury Sanitary Sewer District as set forth in their October 8th, 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, November
4th 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 Applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves John and Dawn Clifford's
application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection
to sewers required" and hereby grants Mr. and Mrs. Clifford a two (2) year extension of time or
until November 4t1i 2015 in which to connect their property located at 34 Main Street, Queensbury
(Tax Map No.: 309.11-1-35, 309.11-1-36 and 309.11-1-37) to the Town's West Queensbury
Sanitary Sewer District, provided that the Applicants 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 Applicants, 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,
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 504
RESOLVED, that Applicants shall pay all charges due as if their 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 4th day of November, 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
Mr. Ronald Ball-
0 Voiced complaint regarding conduct of Councilman
• The structure that the tower was placed on was not fifty feet tall which is
required, it should have never gone there.
• My property value has dropped fifty thousand
• Asked that the Board purchase his property for one hundred and eighty thousand dollars,
8 t/z acres
• Showed photos of cell tower fires, when they catch fire they fall over
• I do not get any representation
Councilman Strough-I responded to your calls on the cell tower and walked with you to the cell
tower, and you wanted to present your concerns to the Planning Board I spent four hours typing
up and listening to your concerns that were presented to the Planning Board...The Planning
Board made the decision of the placement of the cell tower...I checked with the Town Board and
they were not interested in buying your property. I did everything I could to represent you in the
best manner I could.
Mr. John Salvador-
0 This cell tower has a bad history-all the cost incurred for the cell tower are to be charged
against the water district, I do not think that has been done yet.
Councilman Brewer-Noted the fees for application and engineering that would have been paid.
• Noted that the cell tower is not on a fifty feet tall structure, they needed a variance from
that requirement.
• There is a thirty nine percent slope can you get a fire engine up that hill on a slippery
day...
• Spoke on the State's sole jurisdiction over regulating docks and boat houses on lake
George
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 505
Councilman Strough-I think the Town has the right to regulate docks and a duty to regulate
docks.
Mr. Doug Irish-
Res. 5.11 money for right of way acquisition phase is this something that wasn't know
when we passed the original resolution for the two seventy three seven two ...
Supervisor Montesi-No we pretty much knew what that cost was.
Councilman Strough-This resolution authorizes the Supervisor to issue compensation checks
associated with the right of way acquisition, it will not exceed a hundred and twenty four
thousand two hundred and ninety three dollars.
• What is the likely hood that you will have all willing sellers in that area?
Councilman Strough-The original conversations have been very fruitful with the four
landowners.
• Do we know the legal fees if we have to go to court?
Councilman Strough-We have some estimate values on there, we have set aside funds, one
hundred thousand for property costs, nine thousand for appraisals, condemnation factor of twelve
thousand, title search six thousand three hundred, certification and closing papers five thousands,
negotiations five thousand eight hundred and ten proration of taxes one thousand five hundred
for a potential total of One thirty nine, six ten, most of which will be reimbursed by the State.
Mr. John Salvador-
• Cell Tower-is not within the boundaries of the water district it is on water district owned
land.
• Re: Condemnation—there is a procedure for condemning land— 1St act is the filing of a
map in the County Clerk's Office, with the filing you effectuate the taking.
Councilman Strough-We may not have to do a condemnation.
5.0 RESOLUTIONS
RESOLUTION ADDING ALBION WAY TO LIST OF
TOWN PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION NO.: 433,2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
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
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 506
WHEREAS, the Town Board wishes to add "Albion Way," a private roadway/driveway
located off of Pilot Knob Road north of Trout Pavilion Road, to the Town's list of private
driveways and road names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds "Albion Way" to the Town of
Queensbury's list of private driveways and roads, and
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 4th day of November, 2013, by the following vote:
AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AWARD OF BID FOR 3/4 TON 4X4
PICK-UP REPLACEMENT TRUCK FOR
TOWN WASTEWATER DEPARTMENT
RESOLUTION NO.: 434, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with Resolution No.: 379,2013, the Town of Queensbury's
Purchasing Agent duly advertised for bids for the purchase of a new 3/4 Ton 4x4 Pick-Up Truck to
replace a truck in the Wastewater Department as set forth in bid specifications prepared by the Civil
Engineer/Wastewater Director and/or Purchasing Agent, and
WHEREAS, on October l ltl' 2013, the Purchasing Agent duly received and opened all
bids, and
WHEREAS, the Civil Engineer/Wastewater Director and Purchasing Agent have
recommended that the Town Board award the bid to the lowest, responsible bidder, Carbone
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 507
Auto Group, for the amount of$22,740,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the
purchase of a 2014 3/4 Ton 4x4 Ford F250 Pick-Up Truck for use by the Town Wastewater
Department from the lowest, responsible bidder, Carbone Auto Group, for the amount of
$22,740, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Civil
Engineer/Wastewater Director to purchase a plow, tommy lift gate and other ancillary needs for
such new truck for a total amount not to exceed $10,000, such items to be purchased in
accordance with the Town's Purchasing Policy, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment for the
truck, plow, tommy lift gate and other ancillary needs shall be from Account No.: 032-8120-
2020, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the Town Budget and transfer $32,740 from Wages Account No.: 032-8110-
1010 to Account No.: 032-8120-2020, make any other needed adjustments, budget amendments,
transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer
to engage the services of auction company GovDeals to sell/dispose of the truck being replaced and
deposit any sales proceeds 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 Supervisor,
Civil Engineer/Wastewater Director, Purchasing Agent and/or Town Budget Officer to take any
and all action necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 508
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR SEWER DISTRICT
IMPROVEMENT/FORCE MAIN BYPASS PROJECT—MEADOWBROOK SEWER
PUMP STATION
RESOLUTION NO.: 435, 2013
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 222,2013, the Queensbury Town Board authorized
engagement of Delaware Engineering, P.C., for the provision of professional engineering services
regarding the design and construction supervision of improvements to the Queensbury Consolidated
Sanitary Sewer District to address potential sewer force main breaks between the Meadowbrook
Sewer Pump Station and the connection point with the City of Glens Falls, herein referred to as the
Sewer District Improvement/Force Main Bypass Project (Project), and
WHEREAS, Delaware Engineering, P.C., has prepared bid documents and specifications to
advertise for bids for the Project, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder meeting New York State statutory requirements and
the requirements set forth in the Town's bid documents and specifications,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Purchasing Agent to post and publish an advertisement for bids to be prepared by Delaware
Engineering, P.C., for the Sewer District Improvement/Force Main Bypass Project (Project)referred
to in this Resolution and receive all bids, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 509
RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing
Agent to open all received bids, read them 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 4th day of November, 2013, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES None
ABSENT: None
RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM
NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES
RESOLUTION NO.: 436,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director) has
advised the Queensbury Town Board that the Town is again eligible to apply for funds from the
New York State Office of Children & Family Services (OCFS) relating to Town recreation
programs, and
WHEREAS, the Director has requested Town Board authorization to prepare a funding
application in the amount of $3,000 for youth recreation programs eligible for matching
reimbursement from OCFS through the Warren County Youth Bureau,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Director of Parks and Recreation to prepare the application for recreation funds from the New York
State Office of Children & Family Services and the Town Supervisor to execute such funding
application, and
BE IT FURTHER,
RESOLVED, that in the event that the Town does receive such recreation funds, the Town
Board further authorizes and directs the Town Budget Officer to amend the Town Budget by
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 510
increasing Revenue Account No.: 001-0000-53820 (Youth Program) and Operating Account No.:
001-7110-4824 (Recreation Programs)by the amount of$3,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Town Budget Officer to take any other action necessary to
effectuate the terms of this Resolution.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION REAPPOINTING DAVID DEEB TO
QUEENSBURY PLANNING BOARD
RESOLUTION NO. 437,2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury previously established the Town's Planning Board in
accordance with applicable New York State law, and
WHEREAS, David Deeb's term on the Planning Board will expire on December 31St, 2013
and Mr. Deeb has expressed his interest in reappointment, and
WHEREAS, the Town Board wishes to reappoint Mr. Deeb,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reappoints David Deeb to serve as a
member of the Queensbury Planning Board until such term expires on December 31, 2020.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Montesi, Metivier, Mr. Clements
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 511
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF GAR ASSOCIATES,INC. FOR
REASSESSMENT SUPPORT SERVICES RELATED TO THE
TOWN OF QUEENSBURY ASSESSMENT REVALUATION PROJECT
RESOLUTION NO.: 438, 2013
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No.: 152,2013, the Queensbury Town Board expressed its
support of its Town Assessor in updating of the Town's 2015 Assessment Roll and the allocation of
sufficient resources of Town staff and services to complete such Assessment Revaluation Project
(Project), and
WHEREAS, by Resolution No.: 239,2013, the Town Board authorized the establishment of
the Town Assessment Revaluation Capital Project Fund #199 to establish funding for expenses
associated with such Project, and
WHEREAS, the Town Assessor wishes to engage the services of qualified real estate
appraisers and consultants to provide reassessment support services for the Town related to the
Project in accordance with the professional service section of the Town's Purchasing Policy,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of GAR Associates, Inc., Real Estate Appraisers and Consultants to provide
reassessment support services related to the Town's 2015 Assessment Roll Revaluation Project
at an estimated cost not to exceed $25,000 during the time period of 2013 —2015 as delineated in
GAR Associates, Inc.,'s proposal presented at this meeting, and
BE IT FURTHER,
RESOLVED, that payment for such services shall be paid for from the previously
established Capital Project Fund #199, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 512
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any necessary agreement with GAR Associates, Inc., such Agreement to be in form
satisfactory to the Town Assessor, Town Supervisor and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Assessor,
Town Supervisor and/or Town Budget Officer to take any other action necessary to effectuate
the terms of this Resolution.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES None
ABSENT: None
RESOLUTION REAPPOINTING LISA WHITE TO
TOWN OF QUEENSBURY RECREATION COMMISSION
RESOLUTION NO. 439, 2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury previously established the Town of Queensbury
Recreation Commission in accordance with applicable New York State law, and
WHEREAS, the term of Recreation Commission member Lisa White will expire as of
December 31St, 2013 and Ms. White wishes to be reappointed to the Commission,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reappoints Lisa White to the Town
of Queensbury Recreation Commission until her term expires on December 31St, 2020.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES None
ABSENT: None
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RESOLUTION AUTHORIZING WATER QUALITY IMPROVEMENT PROJECTS
AND NONAGRICULTURAL NONPOINT SOURCE PROJECTS PURSUANT TO BOND
ACTS ENACTED IN 1965, 1972 AND 1996, ENVIRONMENTAL PROTECTION FUND
AND FEDERAL GRANT AWARDS AVAILABLE FOR SUCH PROJECTS
RESOLUTION NO.: 440, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury, herein called the "Municipality", after thorough
consideration of the various aspects of the problem and study available data, has hereby
determined that certain work, as described in its application and attachments, herein called the
"Project", is desirable, is in the public interest, and is required in order to implement the Project;
and
WHEREAS, the Environmental Conservation Law ("ECL") authorizes State assistance to
municipalities for water quality improvement projects by means of a contract and the
Municipality deems it to be in the public interest and benefit under this law to enter into a
contract therewith:
NOW, THEREFORE, BE IT
RESOLVED, by the Queensbury Town Board that the Town Supervisor or such person's
successor in office, is the representative authorized to act in behalf of the Municipality's
governing body in all matters related to State assistance under ECL Articles 17,51 and 56 and/or
any applicable federal grant provisions and is also authorized to make application, execute the
State Assistance Contract, submit Project documentation, and otherwise act for the
Municipality's governing body in all matters related to the Project and to State assistance, and
BE IT FURTHER,
RESOLVED, that:
1. the Queensbury Town Board agrees that it will fund its portion of the cost of the Project
and that funds will be available to initiate the field work within twelve (12) months of
written approval of its application by the Department of Environmental Conservation;
2. the Town Supervisor shall send one (1) certified copy of this Resolution to the Albany
office of the New York State Department of Environmental Conservation;
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 514
3. the Queensbury Town Board authorizes and directs the Town Supervisor to sign any
documentation and take any other action necessary to effectuate the terms of this
Resolution.
4. this Resolution shall take effect immediately.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES None
ABSENT : None
RESOLUTION REFERRING DRAFT CHANGES TO TOWN OF QUEENSBURY
ZONING ORDINANCE TO TOWN PLANNING BOARD FOR REVIEW AND
RECOMMENDATION
RESOLUTION NO.: 441, 2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board is considering amending the Town
Zoning Ordinance and Map to revise certain sections that address the Main Street District
and the applicable, related Design Standards, and
WHEREAS, prior to any amendment, supplement, change, or modification to its Ordinance
and Map, the Town Board may refer such proposed amendments to the Town of Queensbury
Planning Board for a recommendation, and
WHEREAS, the Town Board held a workshop on September 30t1i 2013 to discuss such
proposed amendments, and
WHEREAS, the Town Board wishes to make such changes to the Main Street Zoning
District with the intent to acknowledge that recently there has been a fair amount of discussion
regarding the Main Street Zoning District and particularly the Design Standards found in Article
7 of the Zoning Ordinance and as result of such discussions the Town Board is currently
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 515
considering certain revisions to the Main Street Zoning District in order to allow for more
flexibility in this District and to, hopefully, encourage activity, and
WHEREAS, the Town Board may be considering certain revisions whereby they are
making a conscious decision to not alter, but rather, clarify the mandatory "shall" requirement
for two (2) story buildings within the Main Street Zoning District and it has been, and continues
to be the Town Board's intent for the zoning to require buildings to be a minimum of two (2)
actual, usable floors to promote a higher density and allow for the mixture of uses within the
Main Street Zoning District, and
WHEREAS, the Town Board asserts that the two (2) story design element may be,
arguably, one of the most important design elements within the Main Street Zoning District
geared to encourage an assortment of uses,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby refers the proposed revisions to the
Main Street Zoning District substantially in the form presented at this meeting to the Town Planning
Board for review and recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward
a copy of this Resolution to the Town's Planning Board.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT: None
Discussion held before vote: Councilman Brewer-These are not necessarily ready to be changed
right now these are topics of discussion that we may change, we are just considering them,
asking for the Planning Board's input. Supervisor Montesi-The Queensbury Planning Board has
asked us what are your thoughts on Main Street and what are some of the changes that you are
recommending we, it was our fault we did not have them involved in the circle so we are
bringing them in. Councilman Brewer-In our defense we did not have anything ready to
change.
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 516
RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR GURNEY
LANE POOL REPAIR/IMPROVEMENT PROJECT
RESOLUTION NO. 442, 2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 349,2013, the Queensbury Town Board authorized and
directed the Town's Purchasing Agent to publish an advertisement for bids in the official newspaper
for specific capital improvements and certain items of equipment related to the Gurney Lane Pool
Repair/Improvement Project (Project), such improvements generally described as follows:
1. Demolition and removal of the stainless steel gutter system;
2. Demolition and removal of selected areas of the interior pool walls to repair and
replace compromised concrete;
3. Repair of any cracks in pool floor or other areas of concern;
4. Site work to include, but not be limited to, new concrete, fencing, grading, drainage,
landscaping, seeding, etc.;
5. Reinstallation of all necessary pool operations equipment (ladders, handicap lift,
diving board stand, water slide, etc.);
6. Installation of new pool entry door and diving board station and board;
7. Other improvements deemed necessary to be compliant with the New York State
Department of Health for public swimming facilities;
as more clearly specified in bid specifications prepared by the Town's Director of Parks and
Recreation, The Chazen Companies(Chazen) and/or Town Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bid to the lowest responsible bidder meeting New York State statutory requirements and
the requirements set forth in the Town's bid documents and specifications, and
WHEREAS, the Town's Purchasing Agent published such an advertisement for bids and on
Thursday, October 17th, 2013, the Purchasing Agent duly received and opened all bids, and
WHEREAS, the Purchasing Agent, Recreation Commission, Parks and Recreation
Director and Chazen have recommended that the Town Board authorize the bid award to the
lowest responsible bidder, Patterson-Stevens, for a total bid amount not to exceed $313,160, and
WHEREAS, the Parks and Recreation Director has advised the Town Board that there are
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 517
times when Change Orders may become necessary for such Project 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, provided that the
Director first confer and receive authorization from the Recreation Commission, and
WHEREAS, the Queensbury Town Board also previously established a Capital
Improvement Plan Reserve Fund#64 (Fund#64) for future Town project developments, and
WHEREAS, by Resolution No.: 124,2006 the Town Board authorized establishment of
Capital Project Fund #157 to fund expenses associated improvements at the Gurney Lane
Recreation Area, and
WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of
moneys from Fund#64 for the Park improvements, and
WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town
Board is authorized to withdraw and expend funds from Fund #64 subject to permissive
referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and
expenditure for the Gurney Lane Pool Repair/Improvement Project (Project) as set forth in the
preambles of this Resolution is an expenditure for a specific capital project for which the Capital
Improvement Plan Reserve Fund#64 (Fund#64)was established, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs such Project as
described in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby accepts and awards the bid for the Project from
the lowest responsible bidder, Patterson-Stevens for a total bid amount not to exceed $313,160,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute an Agreement between the Town and Patterson-Steves and/or any other needed
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 518
documents related to the bid award, in form acceptable to the Town Supervisor, Parks and
Recreation Director, Town Budget Officer and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Parks and Recreation
Director to approve and sign Change Orders pertaining to the Project up to a 5% contingency or
in the total amount not exceeding $15,658 that he deems necessary or appropriate, provided that
the Director first confer and receive authorization from the Recreation Commission, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes expenses up to the amount of
$5,000 toward engineering costs associated with the Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs a transfer from Fund
#64 in the total amount of$333,818 to fund such improvement Project, such funds to be placed
into the Gurney Lane Capital Project Fund #157 and the Town Board further directs that in the
event there are funds remaining in such Capital Project Fund after completion of the Project or in
the event that the Project is not undertaken, the moneys in the Capital Project Fund shall be
returned to the Fund #64, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to take all action necessary to establish additional appropriations and estimated revenues
as necessary for Capital Project Fund #157 in the additional amount of$333,818, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board further authorizes and directs the Town
Budget Officer and/or Accountant to take all action necessary to increase the following accounts
for such appropriations and revenues as necessary:
• Revenue Account #: 157-0000-55031 (Interfund Revenue) — $328,818
• Expense Account #: 157-7110-4403 (Engineer/Surveyor) — $ 5,000
• Expense Account #: 157-7110-2899 (Capital Construction)- $333,818
• Expense Account #: 001-9950-9030-0064 Transfer to Capital Project - $333,818
and
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 519
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer
and/or Accountant to amend the Town Budget, make any adjustments, budget amendments,
transfers 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, Parks and Recreation Director, Town Budget Officer and/or Town Counsel to
take any and all action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance
with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the
Town Clerk to publish and post such notices and take such other actions as may be required by
law.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
Discussion before vote: Director Steve Lovering-Reviewed the project for the Board, this will
address the final repair project with the pool to make it viable. Noted that there was a water loss
during the operating season. Repairs have been made to the inlet and outlet lines and also
emergency repairs that were done by Rozell...the final fix is to remove the and replace the
stainless steel gutter system there are leaks all over...the pool is twenty seven years old...it is
structurally sound...there will also be concrete to be repaired...Councilman Metivier-will this
help this last another twenty seven years? Director Lovering-This is going to be the next step to
hopefully get another twenty seven years. Open swim accommodates ten thousand visitors with
another seven to eight thousand that comes through the swim lesson in the mornings.
Councilman Clements-Thank you for the job your department did on the lawn cleanup ....
Director Lovering-All the thanks goes to the maintenance staff.they did a tremendous job.
Supervisor Montesi-Thanked the workers—Bruce Baird, Dave Bowen, James Flynn, Burt
Flansburg, Paul Smith and Robert Hartman- they work for the Recreation Dept. and helped clean
up nine properties in the Town. Total cost to the Town is thirty nine hundred and sixty seven
dollars and sixty two cents which will be affixing that to the properties as a lein. Job well done.
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 520
RESOLUTION AUTHORIZING FAIR MARKET VALUE OFFERS TO CERTAIN
AFFECTED PROPERTY OWNERS—
AVIATION ROAD/DIXON ROAD/FARR LANE INTERSECTION IMPROVEMENTS
PROJECT
RESOLUTION NO.: 443, 2013
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 232,2012, the Town Board authorized and approved the
Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren
County, P.I.N. 1759.06 (the Project) and authorized and directed that the sum of $273,702 be
made available to cover the cost of participation in the Project to be appropriated from the
established Capital Project Fund known as the "Aviation Road/Dixon/Farr Lane Intersection
Improvements Project Grant Fund #192," which Fund established funding for expenses
associated with the grant funds and established initial appropriations and estimated revenues for
Capital Project Fund #192 funded from grant funds received by the Town and from the Town's
Capital Reserve Fund#64, and
WHEREAS, by Resolution No.: 401,2013, the Town Board further authorized and
directed the additional sum of$124,293 be appropriated and made available to cover the cost of
participation in the ROW acquisition phase of the Project, and
WHEREAS, the Town wishes to advance the Project by acquiring needed rights-of-way
in keeping with provisions of the New York State Highway Law and applicable Federal Statutes,
and
WHEREAS, the extent of rights-of-way required has been determined based on the
design of the reconstructed intersection, and
WHEREAS, the appraised value of the takings has been established by a New York State
Certified General Appraiser in conformity with the New York State Eminent Domain Procedure
Law and policies, regulations, and procedures applicable to the appraisal of right-of-way and
easements acquired for highway purposes, and
WHEREAS, the funding for such right-of-way and easement acquisition is included in
the approved Capital Budget for this Project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Supervisor, or agents that he designates, to offer the affected property owners related to the
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 521
Aviation Road/Dixon Road/Farr Lane Intersection Improvements Project, the fair market value
of the parcels and make payment therefore, and
BE IT FURTHER,
RESOLVED, that such offers and payments shall not exceed the sum of$124,293
authorized by Resolution No.: 401,2013, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the appropriate agreements, deeds and forms to take possession of such right-of-way and
easements, subject to approval as to form by Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer, Town Counsel and/or Senior Planner to take all actions necessary to
effectuate all terms of this Resolution.
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough
NOES None
AB SENT : None
DISCUSSION HELD BEFORE VOTE:
Councilman Clements-It is obvious that the majority of the Town Board has moved forward with
this project. Although I think is should have had further study in conjunction with a better plan
for the traffic control at the Queensbury School. I think the resolution is the only fair thing to do
for the homeowners at this point, so in fairness to the landowners and offering them fair market
value for their land I will vote yes.
RESOLUTION TO AMEND 2013 BUDGET
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 522
RESOLUTION NO.: 444,2013
INTRODUCED BY: Mr. Anthony Metivier
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 2013 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1990- 0011410-
4400 Contingency 4080 Legal Advertising 1,500
001-1990- 001-1420-
4400 Contingency 4131 Litigation 15,000
001-1990- 001-1650- Mobile
4400 Contingency 4105 Communication 5,000
004-5110- 004-5110-
1010 Salaries 4620 Road Paving Material 20,000
Duly adopted this 4th day of November, 2013, by the following vote:
AYES Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer
NOES None
ABSENT : None
RESOLUTION APPROVING AUDITS OF BILLS—
WARRANTS OF OCTOBER 24TH AND NOVEMBER 5TH,2013
RESOLUTION NO.: 445,2013
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 October 24th and October 31St, 2013 and payment dates of
October 24th and November 5th 2013,
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 523
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run
dates of October 24t1i and October 31St, 2013 and payment dates of October 24u' and November 5u',
2013 totaling $57,950.55 and $220,681.50 respectively, 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 4th day of November, 2013, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES None
ABSENT: None
DISCUSSION BEFORE VOTE: Councilman Clements-There was one on here for Fort William
Henry Hotel and Conference Center I think that John you had said that was a pay back.
Councilman Strough-That is all in a closed loop. The revenue that was brought in and the bills
are all in a closed loop. I think there is only a couple hundred left over which will go to the
Warren County Bi-Centennial Committee....Thanked the Town Board helping ensure that the
Bi-Centennial took place.
6.0 CORRESPONDENCE
NONE
7.0 TOWN BOARD DISCUSSIONS
COUNCILMAN ANTHONY METIVIER-WARD 1
• Ron and I met with residents of Dunhams Bay and Dave Decker to discuss a septic
maintenance district —project seems to be on track— set a tentative meeting for next
March. We will notify the residents involved to keep communications open...
• Comments have been made that the lake is very clear
• Need volunteers at the Queensbury School Friday and Saturday is hosting the State
Cross Country meet...about four thousand runners in town for the event. E-mail me at
WardI c Queensbury net if you can volunteer Congratulated the Queensbury Girls for
making the States
• Good luck to everybody tomorrow night
COUNCILMAN BRIAN CLEMENTS-WARD 2
• No matter how the election turns out tomorrow it has been an uplifting experience in
talking to the residents of Queensbury over the last several months. I have enjoyed
working with everybody on the Town Board as well as the Zoning Board and the Board
of Assessment Review. We are very lucky to have such a dedicated officials and staff. It
makes Queensbury a very popular and pleasant place to live. We have a great town and I
have been very proud to serve.
COUNCILMAN JOHN STROUGH-WARD 3
REGULAR TOWN BOARD MEETING 11-04-2013 MTG#41 524
• Spoke on the list of programs that the Parks and Recreation Department has for the
residents of Queensbury a lot of great things to do this winter
• The Parks and Recreation Department also now has Gift Cards
COUNCILMAN TIM BREWER-WARD 4
• Wish everybody the best of luck tomorrow, it has been an honor and pleasure
SUPERVISOR RONALD MONTESI
• Thanked Look TV and our Sponsors
• Welcomed Students—will sign that you were present
• Re: 1500' zone Lake George in Sandy Bay 5 mile and hour speed limit would be posted
—next meeting will be a resolution put forth and the map showing the 1500' zone from
the shore line.
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 446.2013
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 its Town Board
Meeting.
Duly adopted this 4th day of November, 2013 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi
NOES: None
ABSENT: None
Respectfully submitted
Miss Darleen M. Dougher
Town Clerk-Queensbury