2015-08-17 MTG 26 REGULAR TOWN BOARD MEETING, 08-17-201 ,MTG 426 913
REGULAR TOWN BOARD MEETING MTG#26
AUGUST 17, 2015 RES# 281-295
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN WILLIAM VANNESS
COUNCILMAN DOUG IRISH
TOWN COUNSEL
ROBERT HAFNER, ESQ.
TOWN OFFICIALS
Chris Harrington, Superintendent of Water and Director of Wastewater
PRESS
LOOK TV
POST STAR
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH
1.0 PUBLIC HEARINGS
1.1 PUBLIC HEARING— QUEENSBURY CONSOLIDATED SANITARY SEWER
DISTRICT BENEFIT TAX ROLL FOR 2016
Publication Date: August 7, 2015
SUPERVISOR STROUGH-Any member of the public wish to come forward, please do so.
MR. JOHN SALVADOR-Thank you Mr. Strough, for the record my name is John Salvador.
You will recall at the last meeting I requested to get information concerning the fund balances
for Town's ...
SUPERVISOR STROUGH-Yes.
MR. SALVADOR-And I asked Ms. Tierney about that information and you wouldn't believe
within a half a day she produced it.
SUPERVISOR STROUGH-Yes.
MR. SALVADOR-Just like that.
SUPERVISOR STROUGH-Yes.
MR. SALVADOR-The push of a button.
SUPERVISOR STROUGH-I told you.
MR. SALVADOR-Good.
SUPERVISOR STROUGH-Come on in and I would take care of you.
MR. SALVADOR-Now, the Queensbury Consolidated Sewer District. I presume that this
forced main bypass project has been included.
SUPERVISOR STROUGH-Yea, you're talking about the one on Broad Street?
REGULAR TOWN BOARD MEETING, 08-17-201 ,MTG 426 914
MR. SALVADOR-No the ...
SUPERVISOR STROUGH-The Hudson?
MR. SALVADOR-The ten bypasses we put in on...
SUPERVISOR STROUGH-Oh, on Meadowbrook.
MR. SALVADOR-Yea.
SUPERVISOR STROUGH-The Meadowbrook and Bay and Quaker Road?
MR. SALVADOR-Yea.
SUPERVISOR STROUGH-Yea.
MR. SALVADOR-I presume that project is finished? I see the cleaning up of everything, all the
materials are collected.
SUPERVISOR STROUGH-Yea, I would imagine that would be in the district that it's in,
probably the Queensbury Consolidated but budgetary and money matters haven't been set yet,
this is just the number of units in that district right now. We will have another public hearing for
that.
MR. SALVADOR-Okay but I am going to get to the benefit. Is that the only district that will
benefit from this work? The next item is the Route 9 Sanitary Sewer that dumps into the
Consolidated Sewer. Okay?
SUPERVISOR STROUGH-Well Chris Harrington is here and he can better answer your
questions than I can so what is your specific question?
MR. SALVADOR-Well we financed a million dollar project.
SUPERVISOR STROUGH-It's a million dollar project.
MR. SALVADOR-Is that going to be, the cost of that going to be distributed over the
benefactors that is two different districts? Or just the one district that that project is in?
COUNCILMAN IRISH-I see Chris is nodding his head yes, it will be spread over all of the
districts.
MR. SALVADOR-It will be?
COUNCILMAN IRISH-Yes.
MR. SALVADOR-And when will that be?
SUPERVISOR STROUGH-When? I will have Chris come right down after you are done and
maybe address your questions as well as give an overview of that.
MR. SALVADOR-Well we'll do that, we won't have a chance to talk about the budget.
SUPERVISOR STROUGH-Well yea you will.
MR. SALADOR-Yea as a part of the Town Budget but not the sewer.
SUPERVISOR STROUGH-No, no, no, we will have separate resolutions talking about the
budget for each one of these. This is just setting the number of units.
MR. SALVADOR-Okay so there will be a budget hearing on each of those districts?
SUPERVISOR STROUGH-Yes.
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 915
MR. SALVADOR-Okay. I would just like to add that this document that I got shows that you
were, as of January one this year,
SUPERVISOR STROUGH-And this is just with the Queensbury Consolidated Sanitary Sewer
District?
MR. SALVADOR-Yea, I'm speaking from the fund balance. As of January one this year, not
counting 2015, you have a fund balance in the Consolidated Sewer District of over seven
hundred thousand dollars ($700,000.00).
SUPERVISOR STROUGH-In Queensbury?
MR. SALVADOR-Just that one district, the Consolidated Sewer District of seven hundred and
thirty-seven thousand dollars ($737,000.00) and that fund increased from 2013 to 2014 by almost
seventy thousand dollars ($70,000.00).
SUPERVISOR STROUGH-Yea I know that's your point of interest but you know, this is only
about the number of units.
MR. SALVADOR-Yea.
SUPERVISOR STROUGH-Does it have anything to do with the number of units in this district
being proposed? We will have budgetary discussions on this sewer district.
MR. SALVADOR-Okay, alright.
SUPERVISOR STROUGH-But this is the number of units. Do you have any concerns about the
number of units being proposed?
MR. SALVADOR-On the Route 9 one I do.
SUPERVISOR STROUGH-Alright, we'll do them one at a time but
MR. SALVADOR-Okay, do I have to get up for the minute?
SUPERVISOR STROUGH-Yea let Chris come down and kind of give us an overview.
MR. CHRIS HARRINGTON-Good evening gentlemen, Superintendent of Water and
Wastewater. Yea, Mr. Salvador is correct, we will distribute the sewer bypass project amongst
the Route 9 Sewer District and the Queensbury Consolidated Sewer District. And the way I did
it, ...the engineering report about two years ago, we're going to use the units, how many units
Route 9 has and how many units Queensbury Consolidated has and that's how we're going to
proportion it. The sewer bypass job is near completion, it is substantially complete... payout
application of... dollars the other day. They have a punch list; they have several items that they
need to straighten out before I sign off on the project. The project is probably going to come in
well within the bond resolution amount so that job is being, all jobs sometimes do, they can
straggle along but they're working on finishing it up. As for Mr. Salvador's question, the sewer
bypass job will be allocated fairly between the Route 9 Sewer District, which he's correct, it
comes into the Queensbury Consolidated and the Queensbury Consolidated will pay their fair
share. I just want to make one comment; I know we're not discussing financials here but the
reason why the fund balances are going up in the sewer districts is because the Town of
Queensbury gets me really cheap. I mean you paid close to eighty thousand dollars ($80,000,00)
for the Director before me and now you only pay me six thousand (6,000) so there's a reason
why the fund balances are, I've done a lot of hard work to make sure we are as efficient as we
can be so that's why the fund balances are going up. I run a very efficient operation, to my
people I have underneath me and that's usually my MO. So not a lot of waste in both Water and
Wastewater.
SUPERVISOR STROUGH-And fund balances are for unforeseen things and I imagine it's not
too hard to get into a project that costs two (2), three (3), four hundred thousand dollars
REGULAR TOWN BOARD MEETING, 08-17-201 ,MTG 426 916
($400,000.00)to fix and repair. Hopefully we have none of those but you have to be ready for
them.
SUPERINTENDENT HARRINGTON-I will just say that the, when we had a problem with the
bypass there in March, the contractor with a change order of forty-one thousand dollars
($41,000.00) , I was able to knock him down due to something that happened on the job but that
was forty-one thousand (41,000), that was just three days of worth of work. So I would say you
want money in that sewer system because it is a wet lousy, sewers were not meant to be put
there.
SUPERVISOR STROUGH-Can you explain the number of units?
SUPERINTENDENT HARRINGTON-Yes, primarily we used a benefit roll to find out how
much the indebtedness to pay for that. Okay, we have two things, we have sewer rents which
pays for the land and then we also have the benefit tax which pays for the debt service. It's fairly
very simple, we base everything on acres, how many acres you have and then we break it down
if you're residential or if you're commercial, okay. The commercial pays a greater share than the
residential. In addition to that, water usage is a part of the commercial aspect. So the more
water you use which flows down the drain you will pay more. So again, if you get a greater
benefit for the asset, you will pay more. There are also a couple of caveats in there, if you have
wetlands, we don't charge you nearly as much but we still do charge you because you can
develop wetlands. You can get a permit from DEC, it's very difficult, but it's still developable.
And there's a couple of caveats also with, years ago there was a couple of parcels in the
Queensbury Consolidated District or Quaker Road that could not hookup to the sewers so they
got a break on that so there's a couple of caveats. But primarily its acreage broken down to
residential or commercial, how much you benefit. We all know commercial wants you know
sewers for ... and developers want that so they pay more than your average residential. So that's
pretty much the benefit tax in a nutshell. All but one district has the same kind of formula.
South Queensbury is very different than Route 9, South Queensbury is its own different animal
but primarily they are all the same based on acreage.
SUPERVISOR STROUGH-Any questions for Chris? Thank you.
COUNCILMAN VANNESS-Thanks Chris.
SUPERVISOR STROUGH-Anybody else like to speak to the Consolidated Sanitary Sewer
District Benefit Tax Roll which is the number of units assigned to each piece of property?
Alright, seeing none, is there a resolution to adopt the Queensbury Consolidated Sanitary Sewer
District Benefit Tax Roll?
COUNCILMAN VANNESS-Did you close the public hearing John?
SUPERVISOR STROUGH-Yea, I will close the public hearing, thank you.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING QUEENSBURY CONSOLIDATED
SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016
RESOLUTION NO.: 281,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the
Queensbury Town Board has prepared the Queensbury Consolidated Sanitary Sewer District
Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers
located in the Queensbury Consolidated Sanitary Sewer District and filed the completed Tax Roll in
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 917
the Queensbury Town Clerk's Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing,
and
WHEREAS, the Town Board duly conducted a public hearing on Monday, August 17t1i
2015 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the
Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public
improvement expenses within the District in accordance with New York State Town Law §202 and
§202-a, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a
warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver
to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town.
Duly adopted this 17th day of August, 2015 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
1.2 PUBLIC HEARING—ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX
ROLL FOR 2016
Publication Date: August 7, 2015
SUPERVISOR STROUGH-I will open the public hearing on the Route Sanitary Sewer District
Benefit Tax Roll for 2016, any member of the public wish to speak to this? Seeing none, any
concerns or other matters you wish to speak to in reference to this resolution on behalf of the
Town Board?
No comment.
PUBLIC HEARIG CLOSED
RESOLUTION ADOPTING ROUTE 9 SANITARY SEWER DISTRICT
BENEFIT TAX ROLL FOR 2016
RESOLUTION NO.: 282,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 918
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the
Queensbury Town Board has prepared the Route 9 Sanitary Sewer District Benefit Tax Roll for
2016 assessing the expense of district improvements of general sanitary sewers located in the Route
9 Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office,
and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing,
and
WHEREAS, the Town Board duly conducted a public hearing on Monday, August 17th
2015 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the
Route 9 Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public improvement
expenses within the District in accordance with New York State Town Law §202 and §202-a, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a
warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver
to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town.
Duly adopted this 17th day of August, 2015 by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
1.3 PUBLIC HEARING— SOUTH QUEENSBURY- QUEENSBURY AVENUE
SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016
Publication Date: August 7, 2015
SUPERVISOR STROUGH-I will open the public hearing. Any member of the public wish to
speak to the number of units assigned to this district? Seeing none, any on behalf of the Town
Board? Seeing none, a resolution adopting?
TOWN CLERK BARBER-Have you closed the public hearing?
SUPERVISOR STROUGH-I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING SOUTH QUEENSBURY- QUEENSBURY
AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 919
RESOLUTION NO.: 283,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the
Queensbury Town Board has prepared the South Queensbury—Queensbury Avenue Sanitary Sewer
District Benefit Tax Roll for 2016 assessing the expense of district improvements of general
sanitary sewers located in the South Queensbury— Queensbury Avenue Sanitary Sewer District and
filed the completed Tax Roll in the Queensbury Town Clerk's Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing,
and
WHEREAS, the Town Board duly conducted a public hearing on Monday, August 17th
2015 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the
South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2016 for
payment of public improvement expenses within the District in accordance with New York State
Town Law §202 and §202-a, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a
warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver
to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town.
Duly adopted this 17th day of August, 2015 by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None
1.4 PUBLIC HEARING—WEST QUEENSBURY SANITARY SEWER DISTRICT
BENEFIT TAX ROLL FOR 2016
Publication Date: August 7, 2015
SUPERVISOR STROUGH-Okay, I will open the public hearing on West Queensbury Sanitary
Sewer District Benefit Tax Roll for 2016. Any member of the public wish to speak to this? Seeing
none, Town Board member? Seeing none, resolution to adopt?
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 920
COUNCILMAN VANNESS-Close the public hearing.
SUPERVISOR STROUGH-I will close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING WEST QUEENSBURY SANITARY SEWER
DISTRICT BENEFIT TAX ROLL FOR 2016
RESOLUTION NO.: 284,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, in accordance with New York State Town Law §202 and §202-a, the
Queensbury Town Board has prepared the West Queensbury Sanitary Sewer District Benefit Tax
Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in
the West Queensbury Sanitary Sewer District and filed the completed Tax Roll in the Queensbury
Town Clerk's Office, and
WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing,
and
WHEREAS, the Town Board duly conducted a public hearing on Monday, August 1711'
2015 and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the
West Queensbury Sanitary Sewer District Benefit Tax Roll for 2016 for payment of public
improvement expenses within the District in accordance with New York State Town Law §202 and
§202-a, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a
warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver
to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town.
Duly adopted this 17th day of August, 2015 by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT: None
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 921
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS
GEORGE WINTERS, John Clendon Road-Spoke regarding Resolution 3.3, `Order Setting
Public Hearing Concerning Proposed Formation of Exit 18 Overlay Water District Extension#50
to Queensbury Consolidated Water District to Serve Three (3)Properties in the Town of
Queensbury Where Town Water Service Currently Exists to Serve Or Benefit Such Properties'.
JOHN SALVADOR-Spoke regarding Resolution 3.5, `Resolution Setting Public Hearing on
Proposed Local Law No.: of 2015 to Amend Queensbury Town Code Chapter 179 "Zoning"
to Change Residential Setback in Office Zone Along Bay Road From 300' to 600' and to Allow
Planned Unit Development (PUD) in Office Zones'.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR
ADMINISTRATION OF THE TOWN OF QUEENSBURY'S DEFERRED
COMPENSATION PLAN TO MASSACHUSETTS LIFE INSURANCE
COMPANY (MASS MUTUAL)
RESOLUTION NO.: 285,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, in accordance with New York State Finance Law §5 and the New York State
Deferred Compensation Board Regulations, the Queensbury Town Board previously adopted and
currently administers the Deferred Compensation Plan for Employees of the Town of Queensbury,
and
WHEREAS, by Resolution No.: 268, 2014, the Town Board authorized: 1) its second of
its allowable one (1) year extensions or through December 31St, 2015, the selection and
agreement with The Massachusetts Life Insurance Company (Mass Mutual) to act as the Town
of Queensbury Deferred Compensation Plan Administrators; and 2) preparation of a Request for
Proposals in 2015 for the selection of an administrative services agency of the Town's Deferred
Compensation Plan effective January 1, 2016, and
WHEREAS, the Town Purchasing Agent issued such Request for Proposals, and
WHEREAS, the Town's Deferred Compensation Committee accepted and reviewed all
received Proposals for administration of the Town's Deferred Compensation Plan for a five-year
contract period as set forth in §9003 of Subtitle II, Title 9 NYCRR, and
WHEREAS, the Deferred Compensation Committee has recommended that the Town
Board award the contract to Mass Mutual in accordance with §9003 of Subtitle II, Title 9 NYCRR,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 922
RESOLVED, that the Queensbury Town Board hereby awards the contract for
administration of the Town's Deferred Compensation Plan for a five-year contract period to The
Massachusetts Life Insurance Company (Mass Mutual) in accordance with §9003 of Subtitle II,
Title 9 NYCRR, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute all necessary documentation to contract with Mass Mutual for administrative, financial and
trustee services for the Town of Queensbury's Deferred Compensation Plan for the period January
1, 2016 or as soon thereafter as possible through January 1, 2021, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer and/or Town Counsel to file this Resolution, make any necessary notifications
and take any and all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
RESOLUTION INCREASING PETTY CASH ALLOTMENT
IN TAX RECEIVER'S OFFICE
RESOLUTION NO.: 286, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, certain Departments of the Town of Queensbury are allotted petty cash in
order to purchase necessities such as postage or supplies on a more timely basis, and
WHEREAS, the Town Tax Receiver has requested a $100 increase in the Tax Receiver
Office's petty cash allotment, from$200 to $300, in order to also process water payments,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an increase in the Town
Tax Receiver Office's petty cash allotment from $200 to $300, and
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 923
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Tax Receiver 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 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
ORDER SETTING PUBLIC HEARING CONCERNING
PROPOSED FORMATION OF EXIT 18 OVERLAY WATER DISTRICT
EXTENSION #50 TO QUEENSBURY CONSOLIDATED WATER DISTRICT
TO SERVE THREE (3) PROPERTIES IN TOWN OF QUEENSBURY
WHERE TOWN WATER SERVICE CURRENTLY EXISTS TO SERVE OR
BENEFIT SUCH PROPERTIES
RESOLUTION NO.: 287,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to form the Exit 18 Overlay Water District Extension #50 to serve three (3)
parcels not within the Water District or wholly within such District, but where Town water
service currently exists to serve or benefit such properties in accordance with New York Town
Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed
Water District Extension#50 has been prepared by The Chazen Companies, and
WHEREAS, water mains and fire hydrants currently exist to serve the three (3) parcels
proposed for inclusion in the District and therefore, no new capital improvements are required to
serve any of the parcels proposed for inclusion in the District, as more specifically set forth and
described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension#50, a general plan of the proposed system, a report of the proposed method of
operation, the source of water supply and distribution system capacity, and
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 924
WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map,
Plan and Report and Part I of the EAF, and
WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes of the
environmental review required for the project under the State Environmental Quality Review Act
(SEQRA),
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The properties listed on Schedule A hereto by their tax map number and parcel
addresses shall be added to and included within the Queensbury Consolidated Water District.
The boundaries of the proposed Water District Extension #50 are set forth on such Schedule A.
Regarding tax map parcel #309.14-1-80, the entire parcel shall be included in the Water District
since a portion of such parcel was inadvertently not included in the District.
2. Water infrastructure, water mains and fire hydrants currently exist to serve the
additional parcels proposed for inclusion in the District and therefore, no new capital
improvements are required to serve any of the parcels proposed for inclusion in the District.
3. The properties within the proposed District Extension are currently serviced by
the Queensbury water system and therefore, no additional water treatment plant or distribution
system capacity is required. There is no cost to the Town or the District for this District
Extension.
4. No new capital improvements are necessary for this service area and therefore,
there will be no debt service costs related solely to this District Extension #50. There are no one
or two family homes in the proposed District Extension #50; rather, they are commercial
properties occupied by two buildings: a Cumberland Farms convenience store/gas station and a
Subway restaurant and two vacant parcels. The estimated annual costs to the users within the
District Extension #50 are comprised o£ 1) debt retirement for the Queensbury Consolidated
Water District as an annual ad valorem tax based on property assessment; and 2) costs for
operation and maintenance of the water treatment plant and water distribution system based on
metered water consumption billed quarterly.
5. A detailed explanation of how the estimated costs of the District Extension #50
were computed is included in the Map, Plan and Report which has been filed with the
Queensbury Town Clerk and is available for public inspection.
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 925
6. There are no new capital improvements necessary for this service area and
therefore, there will be no new financing required by the Town on behalf of the District.
7. There are no needed or proposed improvements and all actions necessary shall be
as specifically delineated in the Map, Plan and Report and in full accordance with the Town of
Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in
accordance with any future approved plans and specifications and under competent engineering
supervision.
8. 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 14t1i 2015 to
consider the Map, Plan and Report and to hear all persons interested in the proposal and to take
such other and further action as may be required or authorized by law.
10. The Town Board hereby authorizes and directs the Town Water Department to
send a copy of the Environmental Assessment Form and a copy of the Map, Plan and Report to
all potentially involved agencies, the New York State Department of Environmental
Conservation and the New York State Department of Health, together with all documentation
required to be sent, along with a letter indicating that the Town Board will be undertaking
consideration of the project identified in this Resolution, that a coordinated SEQRA review with
the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed
upon within 30 days.
11. The Town Board hereby authorizes and directs the Town Water Department to
prepare a report identifying any environmental impacts it believes should be considered at the
time the SEQRA review is conducted.
12. The Town Board hereby authorizes and directs the Queensbury Town Clerk to
duly publish and post this Order not less than ten (10) days nor more than twenty (20) days
before the public hearing date, as required by Town Law §209-d, and complete or arrange for the
securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of
Notice of the Public Hearing required hereby and to file a certified copy of this Order with the
State Comptroller on or about the date of publication.
Duly adopted this 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
SCHEDULE A
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 926
Town of Queensbury Water Department
Queensbury Consolidated Water District
District Extension #50 for the Year 2015
Queensbury Consolidated Water District Extension Properties
TAX PARCEL ID OWNER
309.14-1-80 Cumberland Farms, Inc.
309.14-1-82 AREC 10, LLC
309.14-1-89.1 Big Boom Realty, LLC
RESOLUTION TO AMEND 2015 BUDGET
RESOLUTION NO.: 288,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
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 2015 Town Budget as follows:
From To
Code Appropriation Code Appropriation S
001-1990-1010 Contingency 001-1330-1020 Overtime 3,000
001-1990-4400 Contingency 001-4020-4135 Staff Compensation 3,500
001-1990-4400 Contingency 001-3510-4400 Misc. Contractual 1,000
031-0000-0909 Unappr. Fund Bal 031-8110-4130 Town Counsel 1,000
037-0000-0909 Unappr. Fund Bal 037-8120-4400 Misc. Contractual 8,000
Duly adopted this 17th day of August, 2015 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 927
AB SENT : None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. _ OF 2015 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 "ZONING" §179-3-040(B)(2)(A)[1] TO CHANGE
RESIDENTIAL SETBACK IN OFFICE ZONE ALONG BAY ROAD FROM
300' TO 600' AND §179-12-010(A)(3) TO ALLOW PLANNED UNIT
DEVELOPMENT (PUD) IN OFFICE ZONES
RESOLUTION NO.: 289,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2015 as presented at this meeting to amend Queensbury Town Code Chapter 179 "Zoning"
§179-3-040(B)(2)(a)[1] to change the residential setback in the Office Zone along Bay Road from
300' to 600' and §179-12-010(A)(3) to allow for Planned Unit Development (PUD) in the Town
of Queensbury Office Zones, as the Town Board feels that the following amendments to the
Town's zoning regulations offers a comprehensive program to assure that the development in our
Office zone is desirable, in accord with community interests, and in congruence with the current
sewer infrastructure, and
WHEREAS, allowing PUD in the Office zone will allow for greater developer flexibility
while assuring better coordination of diverse uses, public amenities (like sidewalks, public
spaces, etc.), landscaping, maintenance and overall design, and
WHEREAS, increasing the "No Residential Use" setback to 600 feet along Bay Road in
the Bay Road Office Design Area will better accommodate commercial development which is
the preferred type of development along Bay Road in the Bay Road Office Design Area because
commercial uses bring jobs, help reduce taxes and less likely to strain the capacity of the current
Bay Road sewer and traffic infrastructures, and
WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public
hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and
the Town of Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting the
legislation, the Town must first refer the proposed Local Law and obtain a recommendation from
the Warren County Planning Department, and
WHEREAS, the proposed legislation must undergo an environmental review pursuant to the
State Environmental Quality Review Act (SEQRA) prior to adoption and enactment, and
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 928
WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA
environmental review and has a completed Part 1 of a Full Environmental Assessment Form (EAF)
for use in the environmental review, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public
hearing prior to the adoption of any Local Law and therefore the Town Board wishes to set a
Public Hearing concerning adoption of this Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Clerk or Director of Planning/Zoning to forward a copy of the proposed Zoning Law Amendment
and supporting SEQRA documentation to the Warren County Planning Department for its review
and recommendation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead
Agency for SEQRA review of the proposed Zoning Law amendment and directs the Town Clerk or
Director of Planning/Zoning to send a copy of the proposed zoning revisions/Local Law, together
with a copy of the completed Part 1 of the Full EAF and certified copy of this Resolution stating the
Town Board's intention to be Lead Agency for SEQRA review to the Warren County Planning
Department as the only other Involved Agency, as required by law, and
BE IT FURTHER
RESOLVED, that the Queensbury 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 14uh
2015 to hear all interested persons concerning proposed Local Law No.: of 2015 which
provides for a certain amendment of the Town of Queensbury's Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of
Public Hearing on the Town's website and public bulletin board at least 10 days before the date of
the Public Hearing, and
BE IT FURTHER
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 929
RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of
Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials,
agencies, municipalities or individuals, in accordance with New York State Town Law §265 and
any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed
to take such other actions and give such other notice as may be necessary in preparation for the
Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2015.
Duly adopted this 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF AUGUST 18TH, 2015
RESOLUTION NO.: 290,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of August 13th 2015 and a payment date of August 18th, 2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of August 13th 2015 and a payment date of August 18th, 2015 totaling $612,924.72, 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 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
REGULAR TOWN BOARD MEETING, 08-17-201 ,MTG 426 930
ABSENT: None
RESOLUTION AUTHORIZING ESTABLISHMENT OF DEPUTY TOWN
CLERK III POSITION AND APPOINTMENT OF TAMMIE LANDERS
RESOLUTION NO.: 291,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 463,2006, the Town Board appointed Tammie Landers
(formerly known as Tammie Lamphear) as a Clerk in the Town Clerk's Department (reception
area), and
WHEREAS, the Town Clerk has advised the Town Board that such position is no longer
needed and due to the heavy workload in the Town Clerk and Tax Receiver's Office, the Town
would be better served by appointing Ms. Landers as a Deputy Town Clerk III to work directly in
the Town Clerk and Tax Receiver's Office where she may perform a variety of duties, and
WHEREAS, the Warren County Department Personnel and Civil Service has reviewed the
proposed job duties for the Deputy Town Clerk III position and has certified that Deputy Town
Clerk III is indeed the most appropriate title for the position as set forth in the New Position Duties
Statement adopted by the Warren County Department of Civil Service and presented at this meeting
and
WHEREAS, the Town Board wishes to therefore establish the full-time position of Deputy
Town Clerk III in accordance with New York State Town Law Article 3, §30(10)(a) and authorize
the appointment of Ms. Landers in such position,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby establishes the full-time position of
Deputy Town Clerk III in accordance with New York State Town Law Article 3, §30(10)(a), and as
set forth in the New Position Duties Statement adopted by the Warren County Department of Civil
Service presented at this meeting, and
BE IT FURTHER,
RESOLVED, that it shall be the duty of the Deputy Town Clerk III to assist the Town Clerk
and Deputy Town Clerks I and II in the performance of their duties along with any other assigned
duties, and in his or her duties, the Deputy Town Clerk III will at times act for and in place of the
Town Clerk and/or Deputy Town Clerks I and II, and
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 931
BE IT FURTHER,
RESOLVED, that it is the Town Board's intention for this to be a Civil Service exempt
position and the Town Board therefore authorizes and directs the Town Clerk to seek exempt
classification, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the appointment of Tammie Landers
to the position of Deputy Town Clerk III at the annual salary of$36,441.60 (hourly rate of pay of
$17.52) effective August 18th 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board further abolishes the Clerk in the Town Clerk's
Department (reception area)position as it is no longer necessary, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Town Clerk and/or Town Budget Officer to complete any documentation and take such other and
further action necessary to effectuate the terms of this Resolution.
Duly adopted this 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE RESCUE
SQUAD, INC.'S PROPOSAL TO PURCHASE AMBULANCE AND USE
TAX-EXEMPT FINANCING FOR SUCH PURCHASE
RESOLUTION NO.: 292,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, in accordance with New York State Public Health Law Article 30, the Town
of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) have entered into an Agreement for
general emergency ambulance services within the Town, which Agreement sets forth a number of
terms and conditions, including a condition that the Squad will not purchase or enter into any
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 932
binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any
improvements that would require the Squad to acquire a loan or mortgage without prior approval of
the Queensbury Town Board, and
WHEREAS, the Squad has advised the Town Board that it wishes to purchase a new
2016 Medix Ambulance to replace its 2007 Horton Ambulance and 2005 Chevy Blazer Medic
Truck, (collectively referred to as the "replaced apparatus") for the approximate purchase price
not to exceed $140,331, and
WHEREAS, proceeds from the sales of the Squad's replaced apparatus would be placed
against the principal of the new, proposed Ambulance, and
WHEREAS, once the new Ambulance is placed into service, the Squad will remove the
replaced apparatus from service and sell the replaced apparatus after all potential warranty/service
issues are resolved with the new Ambulance, and
WHEREAS, the Ambulance will be owned and used by the Squad to provide general
emergency ambulance services to the Town and maintained at the Squad's building located at 1109
Ridge Road in the Town of Queensbury,New York, and
WHEREAS, the Squad plans on paying for the proposed, new Ambulance by approximately
$121,000 maximum amount of tax-exempt financing (having a seven year term) with The
Adirondack Trust Company, and
WHEREAS, the Town Board wishes to set a public hearing concerning the Squad's
proposed purchase, as Town Board approval of such proposed purchase is required by the Squad's
Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under
the Internal Revenue Code,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
Bay Ridge Rescue Squad Inc.'s proposed Ambulance purchase delineated in the preambles of this
Resolution and the financing of such proposed purchase using tax-exempt financing, on Monday,
September 1411i 2015 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14)
days prior to the Public Hearing.
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 933
Duly adopted this 17th day of August, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
TOWN CLERK BARBER referred to public hearing that was left open on July 20t1i 2015 regarding
Proposed Local Law to Amend Queensbury Town Code Chapter 179 "Zoning" §179-12-010 (A)(3)
To Allow Planned Unit Development (PUD)In Office Zones.
SUPERVISOR STROUGH-Let's close the public hearing on the PUD that was set forth by itself
now that we put it in a comprehensive package program. I will close that public hearing but on
September 14th there will be a public hearing on the whole package.
4.0 CORRESPONDENCE
TOWN CLERK BARBER-Stated that the Monthly Report from Building & Codes has been
received and filed in the Town Clerk's Office.
5.0 PRIVILEGE OF THE FLOOR
JOHN SALVADOR-Referred to prior discussions that was held about a year ago regarding
potentially limiting parking along Alexy Lane where no resolution was ever reached. Today we had
an issue where people were parking where it blocked the mail carrier from picking or dropping off
mail. Spoke regarding sewage issues with the City of Glens Falls and the Town of Queensbury
where we are discharging sewage to the Hudson River.
GEORGE WINTERS-Comment on the new beautiful job of Dixon Road.
6.0 TOWN BOARD DISCUSSIONS
WARD I-NONE
WARD II—COUNCILMAN CLEMENTS
• Speed limit request on Country Club Road was denied
WARD III—NONE
WARD IV—NONE
SUPERVISOR STROUGH
• Thanked Assemblyman Stec and Senator Little with their support and help with issues
regarding electronic waste... we are still working on it and we are progressing.
• Recognized an Article claiming Lake George, the best lake in all fifty(50) States.
• Read letter to Matt Ball, Matt's Landscaping and Stonescaping, LLC thanking him for his
generous assistance in planting the tree in memory of Sylvia Dougher at Hovey's Pond.
• Read Fire Marshal's activity report.
7.0 EXECUTIVE SESSION
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO.: 293,2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 08-17-2015,MTG 426 934
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters Executive Session to discuss Union Contract Negotiations.
Duly adopted this 17th day of August, 2015, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
RESOLUITON TO ADJOURN EXECUTIVE SESSION
RESOLUTION NO.: 294,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive
Session and enters Regular Session of the Town Board.
Duly adopted this 17th day of August, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION ADOURNING REGULAR BOARD MEETING
RESOLUTION NO.: 295,2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourn its Regular
Town Board Meeting.
Duly adopted this 17th day of August, 2015, by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY