2003-01-27
REGULAR TOWN BOARD MEETING
JANUARY 27, 2003
MTG. #6
RES. 67-100
7:00 p.m.
BOH 6-8
TOWN BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER
BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC COUNCILMAN TIM
BREWER
Town Comptroller Henry Hess Director of Building and Codes Dave Hatin Executive Director of
Community Development Chris Round Town Planner Marilyn Reba Assessor Helen Otte Water-
Wastewater Supt. Ralph VanDusen Deputy Wastewater Supt. Mike Shaw
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BOOR
1.0 PUBLIC HEARINGS
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 67.2003
RESOLVED, that the Town Board of the Town of Queensbury hereby enters into the Queensbury
Board of Health.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
1.1 Public Hearing- Sewer Variance Kenneth and Leigh Searles Notice shown
Supervisor Brower-Would you state your name and address for the record please?
Mr. Carl B. Schoder, P.E. - My name is Carl Schoder I am with Schoder Rivers Associates, Consulting
Engineers, I am an agent for the applicant, our address is 2315-2 Route 9N, Lake George, New York
12845.
Supervisor Brower-You have the floor.
Mr. Schoder P.E.-Thank you very much. Ok. The purpose of this project the Searles own an existing
house an existing residence which they are using as a seasonal residence at this point, on the shore of Glen
Lake. The structure is in bad need of repair or replacement actually, it is beyond pretty much repair
because of foundation conditions and rot on the first floor and such. Consequently they undertook the
project to reconstruct a house and require several variances in order to do so. One is a variance in front of
this board regarding the septic system. The other is parenthetically are some set back variances that were
required that we had recently at the last meeting actually, received from the ZBA. So, we are here today to
discuss the septic system issues that are consistent with that. General description of the project, as I note
the house will be replaced it is going to be replaced on it's original foot print and it is approximately the
same size as the existing residence. However, it will be ging from what is currently a six bedroom house to
a five bedroom facility. The additional work that is going to be included will be some replacement of
retaining walls on the site to stabilize an extremely steep slope that is immediately behind the house. Not
on the lake side obviously but the back side of it. Back or front however you like to look at that. And the
third thing would be the reconstruction of the septic system. The existing septic system as we know it as
much as I can tell anyway, appears to be in the grass area immediately adjacent to the lake. Certainly
within fifty feet of the lake. It is the only place that by gravity you could wind up doing disposal there and
the sewer main from the house is currently leading out in that direction. We do not know what type of tank
was in place we were not able to find it by probing and such but I would suspect it is the same story with
many residences of that area. It is probably a cesspool or a small septic tank in there and a very small very
minmalleach field. The project as proposed and with the drawing that I have submitted to this board
intends to remedy most of those situations. We intend to take the disposal field and to bring it up on top of
the hill such that we meet a hundred foot set back from the lake. By the way that will also then exceed a
hundred foot set back, to the nearest well which would be on the neighbors property to the west. Currently
that set back again we are guessing but it is going to be well under a hundred feet probably in the order of
about forty or fifty feet. So, we are bettering that situation. To be able to do this we have a very small
property we have a small area. So, lets start on the top of the hill and work our way down. On the top of
the hill the amount of real estate that is effectively available on which we can build this system requires the
use of the technology other than a conventional trench or absorption bed system. We are proposing an
ELGIN in drain system, we would like to enhance that systemto a certain extent also by way of using
pressure distribution in the ELGIN System as opposed to simple gravity such that we get good distribution
through out the entire bed. We have done perk tests on the soil the perk test, I do not know off the top of
by head, I believe that it was seven minutes per inch, here we go, the amount of ELGIN would have been
seventy nine linear feet we are actually providing eighty four. Now, to be able to build that ELGIN system
on top of the hill will require the applicant to obtain a modification on an existing right of way across the
property which you will note is indicated on the drawings. They are currently discussing that right of way
modification with Me Gowans who are the owners of the adjacent parcel and it appears favorable we have a
meeting hopefully next week if not the week after with them to attempt to finalize that. Basically it will be
a trade for trade moving that right of way closer to the property line and away from where it is currently.
We have every eason to expect that, that will indeed happen. Working our way down the hill, that is what
is up on top. Obviously a force main will then extend up from the house site down below the force main
will be running underneath some reinforced earth type masonry retaining walls with geo grid behind them.
I intend on sleeving that force main so that if we ever do have to get in and pull the thing out we are taking
down the retaining walls in order to do that. There is no place on the site the way the site is configured to
actually be able to construct the force main at a location other than under a retaining wall, because that
entire bank is retaining wall currently and will be repaired, retaining when we are done. But, again none
the less we are putting in a sleeve so we can get back to it. Down on the bottom of the hill we intend on
placing an effluent pump that would take effluent from a fifteen hundred gallon septic tank and to get a
long story short the reason we are here the site is so small that to be ble to actually site that septic tank and
that pump pit would require a relief from your regulation of a fifty foot set back from the lake to I believe it
is thirty four feet. The benefits are obvious, we are greatly improving a situation that is currently definitely
non compliant and has a very high potential of polluting the lake. The septic tank is what we are talking
about bring near which is a water type structure and immediately behind is of course the pump pit but that
is also a water tight structure so the chances of pollution are fairly minimized. I would add one last point a
discussion was brought up at the ZBA hearing relative to the fact that we had an effluent pump and a septic
tank located on a the bottom of a twenty foot hill. It is a very good question. The periodic maintenance of
this tank will require once every three to five years that the tank be pumped and cleaned. There were
concerns expressed relative to the height of lift in that we would have to be able to bring the waste efflent
up into a tank in excess of twenty feet and also approximately seventy feet back from the tank. I have
explored this with three different waste haulers in the area and asked what their approach would be without
prejudicing them simply told them what the problem was and said how would you get the stuff out of the
tank into your truck. On three occasions it was brought to my attention that it really was not much of a
problem what they would do was relay it. They would use a mud sucker or a trash pump down at the septic
tank pump it up into a temporary tank a glorified fifty five gallon drum if you will and then from that suck
it up into their truck. Apparently this is something that is done on a fairly routine basis. The down side is
obvious you cannot drive your truck to it, the plusses are one, I am pumping effluent as opposed to
pumping sewage in a force main so my chances of plugging that force are much reduced. Two, and when
it is running under a retaining wall it is a very good thing by the way, two I am able to pump effluent from
the septic tank without having to pump into a tank when ever you pump into a tank the changes as I am
sure you are well aware of reducing efficiency of that tank are significant, by way of putting a slug flow
into the tank instead by gravity. The third issue I just lost my train of thought, pardon me for one second.
The third issue is the maintenance certainly on grinder pumps vs effluent pumps we would much prefer to
have a grinder or an effluent pump which is pumping the effluent from the tank which does not contain
solids to pumping with a grinder pump which would be more of a maintenance item. That in a rather
lengthy nut shell is exactly what the project is and what we are here before you for. So, with that I would
ask for questions.
Supervisor Brower-Any questions from Town Board Members at this time?
Councilman Turner-I think there is a concern maybe, not only me but I think there are some other Board
Members that might be concerned that the fifteen hundred gallon tank is that going to have any alarms, you
are going to have alarms on that system so that if there is a problem it shuts down or whatever?
Mr. Schoder PE- There will be an alarm on the system for in the pump pit not on the fifteen hundred gallon
tank, but in the pump pit that would indicate high water alarm. There is one day of additional storage that
we are building into the system. That would be my answer.
Councilman Boor-Is there any kind of retaining wall in front of the septic tank and pit, the depth of the
septic tank?
Mr. Schoder PE-No There will be wall in front of it there is currently a retaining wall in front of it that is
approximately three feet to, it is under four feet. It is a stone wall, that stone wall would be probably out
of memory here at least twenty feet away from the tank toward the lake. The depth of the wall obviously
would not equal the depth of that septic tank.
Councilman Boor-I do not have a particular problem with it except I would not call it high tech but it is
unusual also I mean it is not your typical system. As Ted pointed out I really would want to make sure that
alarms are in place.
Mr. Schoder PE-On the second page
Councilman Boor -Yes, I saw that, the three for the
Mr. Schoder PE-Exactly.
Councilman Boor-But that looks like that is in a cabinet or am I missing something.
Mr. Schoder PE-Ok, the alarms we are looking at on the pump pit detail middle top of the drawing, the
alarm on float, what we are looking at there are three floats. What they are doing right now is they are
simply going to a junction box that junction box then in turn feed in conduit into the building and the alarm
panel is located in the building in an occupied area, it has a visible alarm and an audible alarm and both of
those items are actually covered by a note, note fifteen on the bottom, pump control panel shall be simplex
controller audible and visual alarm including manual operation of the pump, final location to be determined
within the building. Quite frankly we do not have the building design complete yet the architect has not
completed it but I assure you that will be in a frequented location. We don't tend to want to put those things
where you cannot find them. If you have ever been around when these alarms go off you definitely will
find it because you will not sleep.
Councilman Stec-I think in previous situations like this actually Ted didn't we require that the alarm was
linked to a water shut off? So, that if they had an alarm condition
Councilman Turner-It would shut the water off.
Councilman Stec-it would shut the water off so that you were guarantee that the situation wouldn't get
worse?
Mr. Schoder PE-I understand your provision that is typically something that we have done with holding
tanks because of the additional concerns of having a holding tank it is not something that we have done on
a routine basis on pumps. What I would offer if we did that is the current water supply for this house is
taken from Glen Lake, all the more reason to keep Glen Lake clean. If we were to do that I would prefer to
do a solenoid on the line to rather put a relay in that work with the power supply to that pump. What you
are doing is saving the applicant a significant amount of money and gaining exactly the same benefit. That
is something that certainly could be done and for the cost of a relay that is not a big deal. Usually these
controllers will have a spare block for that.
Councilman Stec- To the supply pump?
Councilman Boor-Would shut off as it is pumping the
Mr. Schoder PE-Well, what usually happens and I would proposed to do is add an additional float switch
such that if you have this alarm trip for some reason remember you do have a days storage, you have time
to get your waste hauler out there and you do not have to shut your house down completely you do have
some generous storage here.
Councilman Boor-Was that a manual over ride then or?
Mr. Schoder PE- W ell anything would have some sort of an over ride yes but obviously the applicant would
then have to deal with the problems of having a very messy lawn. What I am going at is can we get a
second float switch this is exactly how we do with holding tank, a second float a fourth float switch it
would really be, set at a level higher level such that at maybe a hundred gallons left in the tank, it trips at
that point and shuts the water off.
Councilman Boor-I would be happier with that.
Mr. Schoder PE-I can certainly stipulate to the that fact that we will include that in the design that is not a
problem.
Supervisor Brower-Any other questions from the Board Members. Do you have anything further you
would like to add Mr. Schoder?
Mr. Schoder PE-I think we are in pretty good stead.
Supervisor Brower-Thank you very much.
Mr. Schoder PE- Thank you.
Supervisor Brower-If you would have a seat, I will open the Public Hearing up and see if any members of
the public would care to comment on the application in front of us? At this time I will ask any members
of the public that would care to comment on the application in front of us for Kenneth and Leigh Searles
for their waste variance, septic waste variance to come forward at this time. And please state your name
and address for the record please.
Mr. Mark Prendeville- My name is Mark Prendeville I own a piece of property about seven houses down
south of the project and I have a couple of questions probably for Mr. Schoder. It is a fifteen hundred
gallon septic tank is that correct?
Mr. Schoder PE- That is correct.
Mr. Prendeville-It is a five bedroom house and how many people would that be considered?
Mr. Schoder PE-The system is sized to the number of bedrooms by DOH standards.
Mr. Prendeville-I ask because I have graph here that lists the number of years between pumping, on a
fifteen hundred gallon tank assuming eight people that is not probably not having all the beds filled it
would have to be pumped every one point eight years. I also did call three septic companies I do not know
if they were the same ones that you called, two of them said that there was absolutely no way they would
pump up that high the other one said he could do it but he would need an additional pump in the septic tank
itself in order to get it that high up. That is something that really needs to be looked at, because if every
one point eight years it needs to be pumped and that is not taking into account before hand you are going to
have a problem in a certain number of years. I would like to see possibly that pump installed at that
beginning so when that needs to be done it is not going to be a problem. Other than that I was at the
variance for the building of the house and I am in favor of the house. Iwould just like to make sure that
Glen Lake stays as clean as it is now and since I live in that neighborhood I am worried about stuff getting
in, but I think the septic system is a big improvement assuming it can be done correctly. Thank you.
Supervisor Brower-Would anyone else care to comment on the application before us this evening?
Mr. Paul Derby- 86 Ash Drive Glen Lake also Vice President of Glen Lake Protective Association the
President is out of town right now. I am concerned about this, yesterday I did have a conversation with an
engineer that lives at Glen Lake and without really looking at the plan he said that if such a system were
installed properly and inspected that it would most likely be an improvement to what is currently there and
that certainly seems to be the way that it is. He did however, he was kind of strong on that such system is
kind of precarious and it needs really to be installed correctly. He was just wondering and we were just
wondering if there was any way what the inspection procedure is if it comes from the town? The other
concern that I have is if there is any way to stipulate some kind of pumping schedule into a variance?
Other wise I think we would be happy if it was a better system it would be better for the lake. Thanks.
Supervisor Brower-Would anyone else care to address the Town Board this evening on this application?
Ok
Mr. Schoder PE-Mr. Chairman could I respond to those two?
Supervisor Brower-Yes, I would like to ask you to come forward and address those questions and concerns.
Mr. Schoder PE-First of all I appreciate the concerns that were voiced by the individuals I think they are
commendable. Again the applicant lives on the lake and has the same types of concerns. First off as far as
the pump out schedule which is an issue and I think is a good issue the one point eight years being realistic
here, the one point eight years is for a year around residence at full occupancy the five bedroom. We
recognize that we are designing systems necessarily for one point eight years but I also would not
necessarily advise this client who is intending on keeping this house of maintaining a one point eight year
schedule if they are using it as a seasonal occupancy. You simply do not get enough solid load down into
the tank to warrant that level of pump out. Secondly the installation of a pump, lets talk about what that
pump is. The pump is a mud sucker trash pump type of an affair the benefit to a mud sucker or trash pump
is when your have to get a little graphic here, but you are actuallydown into the tank and you are pulling the
material out you are trying to pull out sludge you are trying to pull out solids as well as the liquid in the
tank. It is not simply a matter of transferring the liquid which a pump that would be in place in the tank
would be doing. It's if you have ever watched a septic hauler do it, they actually move the suction line
around and try and get as much of the solids and sludge out as possible. So, a fixed pump in the tank would
not necessarily be a good idea and one that I would not necessarily recommend as to giving you any benefit
here. If I could go over just once more what their intent is here and the waste haulers and we may have
spoken to different ones. I spoke actually to four and one I got a secretary or receptionist or whatever who
basically said flat out no way. The problem we have here is one of how high can you lift. How high can
you draw something before you start to draw so much of a vacuum that you exceed the vapor pressure and
you cannot simply 1ft anymore. So, what you need going up the hill from an elevation point of view is
something in an intermediate level ok, what will allow you to stay within that allowable lift. Most haulers
can pump readily twenty feet the problem I have is I have got the depth of the tank and I have also got the
height to where the hauler is dumping into his tank. So, we are talking on the order of twenty six to twenty
eight feet of lift here. It is right on the edge. The haulers that I have spoken with that were confident that
they could do it all three of them said, well first we would try it and see if we couldn't do it because we
surprise ourselves we are working off from a vacuum pump type of a system and frequently we can pump
further than we think, it just takes a little longer. But, the fall back position that all three had said that there
would be a pump a portable pump brought out as a mud sucker or something to that affect to be able to
bring that up for that first stage in a relay. Secondly, I believe it as Mr. Derby's comment, I would concur
completely that this system needs to be inspected thoroughly during installation. This is not the first
ELGIN in drain system that we have been involved with. It is when we sayan innovated technology it is a
technology that has been accepted and has a standard by the Department of Health now. We did another
one on Glen Lake not too long ago, Mr. Hatin inspected that as we did. The type of inspection that we
would anticipating for this project is ourselves as well as the Town. I have got my seal on this, I want this
thing to work as well as the Town. So, I think it would be hit from two fronts really. I know Mr. Hatin's
Office would certainly be out there and I know they are also familiar with ELGIN Systems.
Councilman Boor-One other question I would have is you had referenced that this would done possibly in
two lifts there would be an intermediate portion where it would be lifted and then they would take it out of
there. Is there going to be access for a truck to get half way down this hill?
Mr. Schoder PE-Impossible.
Councilman Boor-So how is that done then? They are going to pump it up they are going to pump it up
and then..
Mr. Schoder PE-It is really carried there and the pump that we are talking about is a portable pump, either
electric or gas driven and that is if they can't draw it. Again three waste haulers thought that they could but
there was a fall back.
Councilman Boor-Also, I guess to address I believe it was Paul's comments if you wait until the next item
on the list will tell you that we do take very seriously when systems are failing and what we do when they
are not taken care of.
Mr. Schoder PE-As far as pumping schedule?
Councilman Boor-Well, no I am talking about when something fails it is not like the town turns a blind eye
to it either. We address it and take it very seriously and I am sure the home owners are building a new
house here the last thing they want is a failed septic system. It is one thing to have your trash compactor
not work and it is another thing when your septic system is not working so, no one wants to deal with that.
Mr. Schoder PE-Exactly.
Supervisor Brower-This residence is currently is summer use only?
Mr. Schoder-It is currently being used in the summer only it has minimal heat I believe? I need to check,
John does this residence currently have minimal heat?
Mr. John.....-It has a propane space heater.
Mr. Schoder PE-Not something that we set up for year round. The new residence of course will be, it will
be built to current building standards and I think this board should look at this as a permanent residence. I
am not advocating that you don't.
Councilman Boor-I do not think you can build them without.
Councilman Turner-Is there some point in time that these people will be there full time?
Mr. Schoder PE- That is why I would say that you anticipate that it is I cannot answer that question when
someone retires possibly if they decide to sell it.
Councilman Turner-You know they come here with that theory that we are not there we are just seasonal
and then all of a sudden boom.
Mr. Schoder PE-I am not designing it to be that. As far as I am concerned it is year round.
Supervisor Brower-Any other questions from Board Members? One of the questions that comes to mind if
we had an order to pump this every two years, pump the tank every two years of solid and sludge how do
we enforce that?
Councilman Boor-I do not think that we should go there personally. I do not think they want the system to
fail and we do not want to get into having like a thousand of these scattered throughout the town and we
have this bazaar schedule of when we have to go out and look at them.
Supervisor Brower-I hope that you will make it clear to the applicant that this is, it is going to be important
that they routinely maintain it.
Mr. Schoder PE-I tend to be pretty through with the applicants on that I even pump my own system every
three years, which do as I say, you know. It is critical to the proper function. When you put this kind of
money into it well the down side is if you don't on a pump system are now you are winding up spilling the
solids out of the tank into your pump pit which now clogs your pump the price keeps going up in fixing this
problem. So, and also the pressure distribution the possibility of kicking that, those solids that come out of
the pump pit then up into your pressure distribution network which is small diameter holes which now
plugs that. It become an extremely expensive fix. It is a lot cheaper to property maintain your system and
that is exactly the point I make to my clients.
Councilman Boor-I assume that they are not going with some kind of ultra violet purification of their
drinking water which they are talking out of the lake right? In other words they do not want to pollute the
water in front of their drinking source either, so that is another down side.
Mr. Schoder PE-I am not sure if their final design for that system will include some sort of chlorination or
UV or something, I do not know but the motivation these guys have is definitely keep the lake clean that is
what they are drinking out of.
Supervisor Brower-Any further questions of the engineer? Hearing none I will close the public hearing.
Thank you Mr. Schoder. Ask the Town Board Members for any comments that they might have or further
action.
(Councilman Brewer entered the meeting at 7:30 P.M.)
RESOLUTION APPROVING SEWAGE DISPOSAL VARIANCE APPLICATION OF KENNETH AND
LEIGH SEARLES
RESOLUTION NO.: 6,2003 BOH
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Kenneth and Leigh Searles filed an application for a variance from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, such application requesting that the Local
Board of Health authorize Mr. and Mrs. Searles to allow their pump pit and septic tank to be located thirty-
four feet (34') from Glen Lake instead of the required fifty feet (50') setback on their property located at 51
Birch Road in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health conducted a public hearing concerning the variance
request on January 27th, 2003, 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 variance, it is felt that the variance 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 variance is necessary for the reasonable use
of the land and that the variance granted is the minimum variance 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 the
application of Kenneth and Leigh Searles for a variance from the Sewage Disposal Ordinance to allow Mr.
and Mrs. Searles to place their pump pit and septic tank thirty-four feet (34') from Glen Lake instead of the
required fifty feet (50') setback on property located at 51 Birch Road, Queensbury and bearing Tax Map
No.: 289.13-1-29.
RESOLVED, that this resolution is contingent upon the addition to the plans of a 4th alarm flow
switch which will shut off potable water if the effluent reaches a level prior to a level that could discharge
from the pit.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower
NOES None
ABSTAIN: Mr. Brewer
ABSENT: None
Discussion held before vote: Councilman Boor-requested that this resolution include wording for an alarm
system.. . agreed to by Councilman Turner and Councilman Boor
2.1 HEARING Replace Septic System and Clean Up Property-24 Garner Street and Declaring
the Premises to be Uninhabitable
Supervisor Brower-Dave to you want to come forward?
Director of Building and Codes Dave Hatin-Ifthe Board will remember at the last meeting I was here to
Request that you set a hearing on property at 24 Gamer Street for a failed septic system. We tried
unsuccessfully to notify the owner we did notify the tenant and she is here tonight, so I do not know where
you want to go from there. I do have pictures showing a search warrant was executed on, on a letter
attached to a, January 13th after it was signed by Judge Muller we do have pictures that do show effluent
on the ground. I also have Colleen Kimble here who helped me execute the search warrant because we
were concerned that there was a dog on the property prior to visiting this property and she did observe the
failure as well and the odor coming from these areas in the soil. Since January 13th I have had no
correspondence other than we received affidavits from the tenant and her mother today refuting some of
our claims. No response from the owner, I have asked several people to tell me where the oner lives and I
have unsuccessful.
Councilman Turner-The tank is as described behind the garage?
Director Hatin- There is something behind the garage I assume it is a seepage pit it has not been dug up we
do not know for sure. We know there is some type of pit back there.
Councilman Turner-A tank with some discharge out the side of it.
Director Hatin-All we know is there is a pit or tank back there that is discharging to the surface as
evidenced by those photos.
Councilman Brewer-Is this the wall of the residence or garage?
Director Hatin-That is the back wall of the garage. This is located behind the garage is where the problem
is right in the area, between the garage and the dog house and the area near the dog house.
Supervisor Brower-You and Colleen and Sheriff Deputy Paul Wells were all present at the, during the
search warrant?
Director Hatin- Yes.
Supervisor Brower-You were unable to reach the owner to, personally?
Director Hatin- Y es I was unsuccessful to locate the owner I have left messages with Ms. Manzo to give me
his whereabouts and never received any word from her as to where he might be located. I have also asked
the people who have answered the door at the house and have tried the phone book have tried through the
Sheriffs Department and have been unsuccessful.
Supervisor Brower-At this time I will open the public hearing regarding this property at 24 Gamer Street to
declare the premises to be uninhabitable and until the sewer problem is rectified and anyone that would like
to come forward at this time is welcome to address the Board. When you do I would just simply ask you to
state your name and address for the record please.
Ms. Judith Manzo-My name is Judith Manzo and Ms. Manzo is the tenant of the house and she has asked
me come and speak for her to night. I do not know when those pictures Mr. Hatin took, were taken. I have
included in Ms. Manzo's response, pictures that were taken subsequent to the hole being filled in and the
septic being pumped. I also included in the response by Mrs. Manzo receipts where she had it pumped by
Cook Septic System on 11/27 within hours of Mr. Hatin's call. If you read the affidavit and the response
there was never any effluence on the surface of the ground. There was never been any raw sewage on the
surface of the ground the only effluence was in the hole that the dog had dug. The dog has been removed
from the property the entire thing has been taken care of within a matter of an hour or two and my pictures
supported by an affidavit were taken on the 13th and as you can see there is nothing there to clean up. It is
totally snow. I do have the original photographs with me.
Supervisor Brower-You are claiming you took your photographs on the 13th as well.
Ms. Judith Manzo-I am sorry on the 17th, I believe. Those pictures, that picture that he gave you there Ms.
Manzo said that was taken on 11/27. I do not know if he has receipts these pictures were taken pictures I
took were taken and I have included the receipts from my camera in the developing of the film as well as
the supporting affidavit.
Councilman Boor-Excuse me, are you representing the owner or the tenant?
Ms. Judith Manzo-Miss Manzo is my daughter, she lives there.
Councilman Boor-I know, is she the owner or the tenant?
Ms. Judith Manzo-You are talking about condenming the property and no she is not the owner she is the
tenant. That is why she is down here as an interested person in the response if you gentlemen will take a
minute to read it.
Councilman Boor-Well, we are interested in locating the owner.
Supervisor Brower-May I ask your daughter Ms. Manzo, I assume, do you know the owner of the property?
Miss Manzo-Yes, we had a domestic dispute we bought the house together but his name is on the property
deed and he has left.
Supervisor Brower-Who pays the mortgage on the property?
Miss Manzo-Me.
Supervisor Brower-You do.
Mrs. Manzo-We are working on a lease with option. She sees him once a week when they exchange the
children at Glens Falls Police Station. She has no idea where he is living.
Supervisor Brower-Are you familiar with the fact that if you have a failed septic system that simply
pumping it is not a long term solution to the problem?
Mrs. Manzo-I do not believe that there is any evidence here that it has failed, Sir. Mr. Hatin has not shown
any where that it has failed. He has a picture of a hole that a dog dug the hole has been remedied and the
tank has been emptied.
Supervisor Brower-Well there is also another spot on the site that was without snow.
Mrs. Manzo-God forbid somebody kicked the snow away. I do not have any, I do not have those pictures
we do not have anything that Mr. Hatin gave to this board before. Yes could I see please. And he said
these were taken when? ... Well I can't explain Gentleman how we can have this on the 13th and these on
the 17th?
Councilman Boor-We have not seen those.
Mrs. Manzo-They are in the packet that I left here, and they are all in color you can certainly look. You
Gentlemen didn't get Ms. Manzo's response..?
Councilman Stec- They are right in the packet.
Councilman Brewer-Yea, I got them.
Councilman Boor-I did not pick mine up, no.
Councilman Stec- When did these come in.
Councilman Brewer-January 24th.
Councilman Boor-This is not fresh snow ma'am. If it was pristine snow like the pictures that you have now
I would be more incline to agree with you but this is trampled I mean.
Mrs. Manzo-That affidavit will tell you we actually kicked away the snow that was over the tank to show
that there was nothing under the snow.
Councilman Boor-You probably should not have done that.
Mrs. Manzo-..there is a stick hanging out and there is a canoe. The canoe is against the garage.
Councilman Turner-No right here.
Mrs. Manzo-That is the canoe laying up against the garage covered by snow.
Supervisor Brower-Miss Manzo or both Miss Mano's I guess, are you contending that there was no odor at
the site when you were out on the property?
Mrs. Manzo-We have many witnesses my husband has been over there if you read my affidavit I am over
there all the time. There is never, I have never smelled anything there except for the two days when they
were pumped, in April and again in November. Those are the only two days there was any odor on that
property and even Mr. Chandlers note here says nothing otherwise.
Councilman Boor-How many people reside at the residence?
Mrs. Manzo-Miss Manzo and her three children.
Councilman Boor-You have four people there and it has been pumped in April and in November.
Mrs. Manzo-The November pumping was a precaution because of Mr. Hatin's threats. Cook's has told
Miss Manzo if you will read the paper work that was submitted that regular maintenance should be once a
year for that size tank. And she has done that, there is nothing here that shows that there is any failure of
that system.
Councilman Boor-You have done more than twice that.
Mrs. Manzo-I am sorry?
Councilman Boor-Apparently you have done more than twice that. You have done it twice in seven
months, eight months, what does that tell you?
Mrs. Manzo-It tells me that the dog dug a four foot hole along side the tank whether there was effluent in
that hole or water we do not know. She remedied the problem she had Cook's inspect the system from
inside the house he followed the line outside to look, to see if there were any leaks in the line. He went to
the tank he was there, winter was coming, snow was coming he said we will pump it now so it does not
happen during the middle of the winter. That is all I can tell you. Because she took a precaution you are
going to hold it against her?
Councilman Boor-How do you account for the pictures that Mr. Hatin took? Where the snow has not been
touched and yet.
Mrs. Manzo-That looks like
Councilman Boor-There is no dog marks there, that is pristine snow and you can see that it is melted from
down below.
Mrs. Manzo-I did not see this I walked allover that place. She goes out there every day looking, you've
seen those? I have got the negatives for mine right here if you want to look at them. I have got a sworn
affidavit.
Supervisor Brower-I appreciate your comments and if you would please have a seat at this time I would
like to ask some other people to come forward.
Mrs. Manzo-Thank you.
Supervisor Brower-Thank you. At this time I would like Colleen would you come forward please and
Dave? Now Dave when did you get the first complaint on this property?
Director Hatin-Originally it was back in April of 2002, I can give you the exact date. April 24th 2002.
Supervisor Brower-That was a neighbor, correct?
Director Hatin- Yes, that was from a neighbor. I have the original right here it is not my writing it is Sandy
Kruger's writing. It says open septic system, dog in the back yard.
Supervisor Brower-Did you receive further complaints from the same neighbor at a later date?
Director Hatin -Yes he did in November again on the November 27th went back to the property again,
noticed that the effluent was back to the surface again, it was not four feet in the ground the effluent was
near the surface of the ground which indicates to me that the system has failed. The dog may have dug into
it but the system was leaching to the surface at that point in time anyway. I received a call from the other
Mrs. Manzo complaining that I was there in the first place and that I left a threatening letter, Thanksgiving
week to her daughter. I explained to her that this is the second time it failed. The owner was advised back
in April that if this happened again we would take that action that we are currently taking, that I was serious
about my actions. She had Cook septic system pump it I called Mr. Cook and he told me that the pit was
full when he pumped it which would also leave me to believe that its failed, because if the pit was
functioning properly it would not have been full. All he had one was pump it, he did not take any
corrective action he planned on going in there and doing some remedial work on it, and I advised him if he
did that would require a permit and he could not simply go in there and fix the pit to get them by he would
have to replace the system.
Supervisor Brower-Dave on January 13th when you executed the search warrant you definitely smelled
sewage?
Director Hatin- Yes.
Supervisor Brower-Colleen you accompanied Dave on the 13th to the property and would you describe
what you saw and smelled?
ACO Colleen Kimble-I went with Dave, he had asked me to go in case the dog was in the back yard just to
restrain the dog until he was done looking at the site. The dog was obvious had not been there for awhile
there was fresh snow all over the dog house, there were no dog tracks in the back I followed Dave into the
back yard and you could see what the pictures show is a melted area where the snow had melted and it did
smell like sewage. That is the best I can describe it and it did not look like it had been recently dug into by
anything it was just very evenly melted.
Supervisor Brower -And there was a significant odor?
ACO Kimble-Yea, I could smell it.
Supervisor Brower-Thank you very much.
Director Hatin-I had just a couple of things. If you look at my pictures there is an over view of the site
taken where the two photographs close up were taken. You will see there were no dog tracks or anything.
If you look at Mrs. Manzo's pictures you will notice that area is not highlighted anywhere in her pictures
they are purposely taken from a distance so that you cannot see these area.
Mrs. Manzo-I took pictures that show the entire back yard.
Director Hatin-But there are no pictures taken close up showing where these pictures were taken.
Mrs. Manzo-I know when those pictures were taken...
Director Hatin- These pictures were taken on January 13th in the accompany of Miss Kimble and Deputy
Wells. They are the accurate date they were taken the same day as we executed the search warrant which is
Monday, January 13th.
Supervisor Brower-Thank you. At this point in time I am going to ask if any other members of the
audience are present that would like to comment on this public hearing? Yes, Sir. Please remember we are
sitting as a Board of Health for the Town of Queensbury in this matter.
Mr. Bob Sitnitch-Kimberly Manzo is my step daughter. First of all I would like to make you people aware
that Mr. Hatin mentioned that he had a search warrant and he came on the property. I will tell you that he
came on the property several times before that without a search warrant which I do not know if you know it
or not it is against the law. He is subjecting you people to some sever liability penalties.
Supervisor Brower-But when he was on the property on the 13th he did have a search warrant.
Mr. Sitnitch-He was there several times so I do not know exactly my wife would have the information
would they have the search warrant whatever it was it was. But he was there several times without one and
he was told every time that he needed one. But, he just kept coming back anyway. In fact he is bridging on
more than harassment as far as I am concerned besides violating the law, he is also.
Supervisor Brower-I appreciate your opinion Sir, but what do you have to say specifically about the septic
tank.
Mr. Sitnitch-I am over there three days a week I have never ever seen anything on top of the thing I have
never smelled anything ever and I went out of my way to go look especially after he started sticking his
nose in the property. I have never once so help me God, ever seen or smelled anything over there. I will
put up a thousand dollars to a dollar of yours if you can go over there right now and you can show me
anywhere that that is nothing but pure driven snow on there and no snow whatsoever so help me God ever.
This man has just got up here and lied to you people and so didn't she. Because there is no way you could
smell it because I am over there with my grandchildren and I have never, ever smelled it or ever seen it.
They sleep together evidently, something is wrong because I will tell you right now there is no way that is a
collusion.
Supervisor Brower-You are out of order. You are out of order, Sir.
Mr. Sitnitch-Maybe I am but that is collusion as far as I am concerned. I do not like to have people come
up here in front of the Town Fathers and out and out blatantly lie. And that is just what they did.
Supervisor Brower-These are valued Town Employees that we put our faith and trust in and they are paid
to do their jobs and they are not always easy jobs to do.
Mr. Sitnitch-I am sure they are not, and I do not mean to be disrespectful but you people are wide...
Mrs. Manzo-Mr. Supervisor, may I say one more thing, Ms. Manzo just pointed out to me that the tracks
here the dog tracks, the dog was gone after the beginning, the very beginning of December so these pictures
had to have been taken when he was there on the 27th.
Councilman Brewer-The 27th of December?
Mrs. Manzo-Of November, the day she had it pumped.
Councilman Brewer-Can I see those pictures?
Supervisor Brower-Would anyone else present care to comment during the public hearing?
Town Counsel Hafner-Actually it isn't a public hearing it is a hearing you get to ask the people that you
think are appropriate, it isn't just a public thing like a normal public hearing.
Supervisor Brower-Ok. But I thought maybe a neighbor might be here or somebody was affected by this
action.
Town Counsel Hafner-And that would be for you to decide whether that would be good evidence.
Mr. Sitnitch-Just one more comment Sir, before I leave, from a different perspective as a parent. I believe
this man is close to being called a stalker if not I am not trying to make any allegations I cannot prove.
Supervisor Brower-Thank you but, I cannot entertain that. Please have a seat.
Mr. Sitnitch-I read it in the newspaper every day, Sir.
Supervisor Brower-Please have a seat.
Mr. Sitnitch-I sure will.
Director Hatin-I would like to make some things clear right now on the record. The pictures were taken
Monday, January 13th in the presence of a sheriffs deputy and Colleen Kimble. We never stated the dog
was there in fact Colleen stated for the record the dog was not there and had not been there for several days
or weeks because there were no tracks from the dog. We walked into this yard as you see those pictures.
The smell of effluent was very prevalent this is the third time I have been to the property the third time.
The first time was on the original complaint in April the second time was on the second complaint in
November. I have every right to enter that property and when Mrs. Manzo the elder Mrs. Manzo called me
in my office and said I did not have a search warrant to be on the property I assumed she did not want me
back on the property and I also stopped to the neighbors property to view the property from his next door
neighbors, from her next door neighbors property and was told to stay off er property which I was not on. I
have not been on the property since then that is why we have a search warrant to go on the property I just
want the record clear. As far as stalking I have no idea what that means.
Councliman Stec-Colleen, did you also smell effluent? I mean I heard from Dave, but
ACO Colleen Kimble-Yes, I did.
Councilman Stec- You did, I am sorry.
ACO Colleen Kimble-When you walked up to the melted part in the snow you could smell it.
Councilman Stec-So, you both did.
Supervisor Brower-Ok. Thank you very much.
Director Hatin-One thing I would like to add to, Mrs. Manzo was home the day we executed the search
warrant, she was up stairs sleeping the people that answered the door Heather Jackson and her boyfriend
and we told them if she wanted to go wake her they could, they did not. She had an opportunity to see the
same thing we did and anybody who has a nose did not need very much to smell it. It was very prevalent
and we were not sniffing right over the top of it either. So, I do not why these people cannot see it.
Supervisor Brower-This property is not fenced, Dave?
Director Hatin-There is a fence around the property, yes.
Councilman Boor-Question for the Attorney? You drew this up, correct?
Town Council Hafner-Yes we did.
Councilman Boor-The resolve on the second page the Town of Queensbury Local Board of Health, blah,
blah, blah, three days from the date of correcting, I just wanted to be and I read through the whole thing,
what are we essentially saying here as far as the water shut off, they have three days to fix it and then the
water can be shut off or the water can be shut off as soon as we say that this is considered a health hazard, it
was somewhat ambiguous and unclear to me.
Town Counsel Hafner-They were different things,
Director Hatin-What it says is that they have three days to take corrective action if they fail to do so then
we can shut the water off.
Councilman Boor-Then we can shut the water off, but if we so chose we could declare it tonight a health
hazard and allow them to stay there three days and as a health hazard.
Director Hatin-I think you are giving them a three day opportunity to correct it.
Town Counsel Hafner-They are given three days to correct it and if it is not corrected within three days
then.
Director Hatin-That would mean as of Friday we could have the water shut off.
Town Counsel Hafner-he can move forward to shut off the water, they are suppose to vacate the premises.
Councilman Brewer-How do we have that done if they do not voluntarily leave?
Town Counsel Hafner-We will have to take further action at that time, but shutting of the water, will you
are not supposed to live in a place that has a failed septic system you definitely need water in order to live
in a place. That is why that is in there it will stop making the problem worse.
Supervisor Brower-Of course it complicates things when you cannot get a hold of the owner too, but by the
same token.
Town Counsel Hafner-That is why we say or upon the occupant, the occupant is here she has notice.
Director Hatin-The occupant did state that she is one of the owners for the record, she stated they bought
the house together.
Supervisor Brower-All right
Mrs. Manzo-Could I say one more thing Mr. Brower?
Supervisor Brower-Yes, you may. Please come forward. To the microphone.
Mrs. Manzo-What exactly is the corrective action that you people want?
Supervisor Brower-Well, I believe it would be the replacement of the leach field.
Mrs. Manzo-I do not think there has been any evidence put into this record that, that system needs
replacing. Ms. Manzo is still denying, you people can go out there tonight if you want it is not there he is
lying I am telling you. Go out there tonight, you are going to throw her and her three kids out on the street?
Mr. Sitnitch-My offer is a thousand dollars to a dollar if! am wrong so help me God I will pay it right...
Mrs. Manzo-Anybody here except him can go out there tonight and look at that. There is nothing but snow
there. ...there is nothing to be cleaned up the system is being maintained properly. He is lying.
Mr. Sitnitch-I will bet my money on it.
Supervisor Brower-Thank you for your comment but I would dispute that he would be lying.
Councilman Stec-One question from the Attorney? When we lets say we pass this tonight and they take
some corrective action what is the procedure for us to agree or disagree that adequate action has been taken
an inspection by Dave.
Town Counsel Hafner-It would be Dave Hatin'sjob is to, he would be the one to verify.
Councilman Boor-He would have to be there when it is opened up to see what in fact is going on.
Town Counsel Hafner-It would have to be done by a licensed, hauler.
Councilman Boor-But I mean, he would have witness, in other words we would have to have a
representative there to
Town Counsel Hafner-To verify.
Councilman Boor-verify.
Mrs. Manzo-To empty again?
Supervisor Brower-It is not simply emptying it, it is probably a failed leach field.
Councilman Boor-That is what we have been trying to state.
Mrs. Manzo-There is no leach field. It is a pit.
Councilman Boor-That is what we are talking about.
Mrs. Manzo-Well, I am sorry it was grand fathered in, he does not even have a record of the building
permit for the damn thing.
Councilman Brewer-What if we gave a date to the end of the week have some independent person go over
there from whether it be Ivan Bell, or Drellos's or somebody go over there and if in fact it has failed then
you got to Friday if not then we re- address it next week.
Mrs. Manzo-I think Ms. Manzo would welcome that.
Councilman Brewer-Provided they give us permission.
Supervisor Brower-Would they be able to determine that by simply going over?
Councilman Brewer-Dave can.
Councilman Boor-I do not want to guess.
Supervisor Brower-Colleen and Dave have both witnessed it.
Councilman Brewer-Well, we have got conflicting stories and another day is not going to hurt anybody.
Supervisor Brower-the neighbor complained twice.
Councilman Turner-What probably is happening is the pit tank got solids in it the water is in it the water
cannot get out of the pit tank because the pit tank is plugged on the side where the water goes out
Councilman Boor-It has no place to go.
Councilman Brewer-I am not disagreeing with you, I am just saying that we have the people that live there
saying it is not and
Councilman Boor-Dennis get some order here please.
Supervisor Brower-Yes, please, Roger you have got the floor.
Councilman Boor-My concern is this is a public health issue that is what we are talking about. We can go
back and forth who is right and who is wrong but the bottom line is we have got people living in the place
and it might be dangerous and that is the only thing I care about. I do not care what Dave says I don't care
what they say I want the property to be safe for the inhabitants.
Councilman Brewer-I would agree 100% with you, that is why
Councilman Boor-So, what I want to do is go by the law and by the resolution the way we have it and if it
cannot be corrected that way then they vacate the property. I mean, you know we have got to be firm here
it has got to be taken care of. We get wishy-washy this will go on for a long time. If! remember correctly
at the last meeting you said we need to act on this now and I am agreeing with you lets act now. I would
not want to have to keep coming back...
Councilman Brewer-We do not have to keep coming back, Roger,
Councilman Boor-Ok.
Councilman Brewer-What we do is we enforce this resolution and we have somebody go there and look
tomorrow morning they do not want Dave Hatin on their property.
Councilman Boor-That is not our responsibility, Tim, it is not our responsibility.
Supervisor Brower-If we do this resolution they have got three days to take corrective action and notify
Dave that they are taking corrective action so he can come out and witness either a new septic tank being
put in or whatever corrective action a professional would recommend to the owner.
Councilman Brewer-So, they can get a professional there tomorrow and state that the system is working
and
Councilman Boor-Not without Dave looking at it. This is a Town Board action..
Councilman Brewer-I understand that Roger, I have been here a couple of days I know, but I amjust saying
they can get a professional there tomorrow and if we get an affidavit from a professional stating it works or
it doesn't work that is what happens.
Councilman Turner-Sufficient or not sufficient.
Councilman Brewer-Right. Tomorrow morning you can have someone come over...
Director Hatin- Tim I just want to clarify one thing, we have been this road already all right, they had
Cook's septic come out and they did remedy the problem for a while they pumped the pit which bought
them some time the pit filled up again and started coming to the surface again. We get a call from the
neighbor you got a letter from the previous resolution from the neighbor stating that he has seen it in April
or smelled it in November you have got Colleen and I going out there on a search warrant all right, taking
pictures to document what we did and what we saw. The only thing another Contractor is going to go out
there and do is say yea the pit is full and needs to be pumped. That will not only buy them more time.
Councilman Brewer-Dave, if a professional goes out there and looks at this system and looks at the file and
says it has filled up on three months then he is going to be honest and say it has to be replaced and that is
what is going to have to happen.
Director Hatin-That is what Cook told me over the phone when I talked to him before, he said yea, it
probably needs to be replaced. If you notice they have nothing from Cook's septic that they have brought
here tonight stating anything and he has pumped it twice. Nothing from him stating the condition of the
system, nothing stating what the system and where it is, they have had plenty of opportunities.
Councilman Brewer-That is what they have to do to satisfy us tomorrow or the next three days.
Councilman Boor-I think I am fairly clear on where I stand.
Mrs. Manzo-Mr. Supervisor you asked me how I explained his pictures how does he explain the ones I took
on the 17th? How does he explain those?
Supervisor Brower-I guess maybe distance.
Mrs. Manzo-I was right there I am telling you. I have the negatives here I have the originals there was
distance taken on a couple of shots to show ...which pictures do you not understand?
Supervisor Brower-I think we have enough information ma'am to make a decision at this stage.
Mrs. Manzo-I will just show you, you see this stick how was this a distance? Here is the stick here is the
septic here. This is the same stick, sticking up. That is not from a distance. I did take a couple
Supervisor Brower-That perspective could have been taken from here. That picture could have been taken
from this location right here.
Mrs. Manzo-.J took the whole area, here is the dog house, the garage the canoe that you had a question
about, here is the end of the canoe....there is absolutely no evidence that there is anything running on the
surface of that property.
Supervisor Brower-I think, the fact is we have had two complaints from neighbors and we had an eye
witness to seepage of sewage on that property, we have two employees that smelled odors on the property.
Mrs. Manzo-Could you tell me who the other eye witness is, please?
Supervisor Brower-Colleen Kimble our Animal Control Officer
Mrs. Manzo-Ok. And What about the gentleman that complained, he said complained but he did not
complain until Mr. Hatin went to him and asked him to write something in January. Does Mr. Hatin have
anything that says he complained prior to that?
Director Hatin-yes, I do.
Mrs. Manzo-You do?
Director Hatin-I have a complaint slip right here, a complaint slip from a neighbor.
Mrs. Manzo-May I see it? Mr. Chandler seems to be the only gentleman in that whole neighborhood that
has a problem?
Director Hatin-He is the immediate next door neighbor the rest...next door neighbor.
Mrs. Manzo-Sure there are.
Director Hatin-The lot behind Mr. Chandler is vacant.
Mrs. Manzo-There are people right adjacent to Ms. Manzo on the other side of the dog house where that
fence is.
Director Hatin-That house is not as close as this is.
Supervisor Brower-I am going to call, close this hearing and Mr. Tucker go ahead... You do not have any
standing in this case technically but what is your question?
Mr. Pliney Tucker-Pliney Tucker, 21 Division Road Queensbury When this hearing started here Mr. Boor
asked a question or made the statement that you were looking for the owner of this property, are any of
these people the owner of this property?
Councilman Brewer-One of them.
Supervisor Brower-We are not sure.
Councilman Boor-We do not know that.
Councilman Brewer-She is buying it with the other person.
Councilman Boor-But we do not have paper work.
Mr. Tucker-She does not own the property. Now, this system with problems with septic system and ok-ing
them and everything else you have to deal with the owner of the property. Now, these guys have been
doing a job and have been set up here and told that they are lying and everything else, now the thing to
happen here is to find the owner of the property if you cannot find the owner of the property you close it
down until you do.
Councilman Brewer-That is what we are doing.
Councilman Boor-That is exactly what we are going to do.
Supervisor Brower-Correct, that is what the proposed action is Mr. Tucker.
Mr. Tucker-Very simple.
Supervisor Brower-Thank you.
Town Counsel Hafner-That is exactly what we are doing.
Supervisor Brower-I am glad you agree. Do I have a motion.
RESOLUTION AND ORDER ORDERING BILLY JO MEADER TO REPLACE SEPTIC SYSTEM
AND CLEAN-UP PROPERTY LOCATED AT 24 GARNER STREET, QUEENSBURY - (TAX MAP
NO.: 309.11-1-16) AND DECLARING THE PREMISES TO BE UNINHABITABLE
RESOLUTION NO.7, 2003 BOH
INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)
and Local Health Officer previously advised the Town's Local Board of Health that the septic system had
overflowed on property owned by Billy Jo Meader located at 24 Gamer Street in the Town of Queensbury
(Tax Map No.: 309.11-1-16) and therefore, in the Director and Local Health Officer's opinion, the property
constitutes a public health hazard and nuisance to the neighborhood, is unsafe to the general public and
therefore recommended that the Board of Health take action if the property owner failed to correct the
septic system, and
WHEREAS, on January 6th, 2003, the Local Board of Health declared the property to be a health
hazard, a potential object of attraction to rodents and animals, a nuisance, unsafe and dangerous, and
ordered Mr. Meader to immediately commence correcting the septic system and cleaning-up the property,
and
WHEREAS, the Director has advised the Local Board of Health that on January 13th, 2003, he
executed a Search Warrant issued by Town Justice Michael 1. Muller, inspected the property and did find a
failed septic system, and
WHEREAS, the Local Board of Health held a hearing concerning the property on January 27th,
2003 and notice of this hearing was served in accordance with the provisions of the New York Public
Health Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health hereby determines that Billy Jo
Meader has not commenced correcting the septic system and cleaning-up the property located at 24 Gamer
Street, Queensbury, such property being a health hazard, potential object of attraction to rodents and
animals, a nuisance, unsafe and dangerous and therefore the Local Board of Health hereby declares the
premises to be uninhabitable and orders the property to be vacated and water service to the uninhabitable
property terminated, and
BE IT FURTHER,
RESOLVED, that Town of Queensbury Local Board of Health, in accordance with the New York
Public Health Law, hereby orders Billy Jo Meader to abate the nuisance and health hazard by correcting the
septic system and cleaning up the property within three (3) days of the date of service of this Resolution
and Order, upon Mr. Meader or the occupant of the premises, and
BE IT FURTHER,
RESOLVED, that a copy shall be conspicuously posted on the home and/or property, and
BE IT FURTHER,
RESOLVED, that if the nuisance is not abated within such time, then the Local Board of Health
hereby authorizes and directs the Director of Building and Codes Enforcement to make the necessary
arrangements to have the water service terminated at the property.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES None
ABSENT: None
Discussion held after vote: Director Hatin-So it is clear to the tenants that is they do not want to tell me
where the owner is or they do not know where he is that, if no remedy is taken by Friday this week the
water will be shut off Friday morning, that is clear to them and the Board.
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 8.2003 BOH
INTRODUCED BY: Mr. Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Boor
RESOLVED, that the Queensbury Board of Health is hereby adjourned.
Duly adopted this 27th day of February 2003 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
REGULAR SESSION
2.0 PUBLIC HEARINGS
2.1 Public Hearing Fire Protection Service Contracts
NOTICE SHOWN
Supervisor Brower-I will call on Henry Hess our Comptroller, Henry is you might bring us up to date you
sent a copies of the proposed two year contract out to our five volunteer fire companies is that correct?
Comptroller Hess-The negations for the new contract started last year and proceeded for several months. A
number of meetings were held between fire department officials from the five companies and the Town
Board. The Town Board met during the budgeting process and subsequent to that discussed its desires as to
how these contracts should be constructed. Earlier this month the Board and Fire Companies although
there was still some questions by the Fire Companies and some desire to change some of the terms that had
pre-existed and some of the terms that were being, some of the budgets that were being adopted at this
point. Earlier this month copies of the contracts as proposed were sent to the Fire Companies a final
opportunity to either question them or to apply for an advance payment since this was going to be, they
normally would be paid in early January for part of the fee for part of their services. All the Fire
Companies submitted vouchers for an advanced payment which the Board approved at its last meting. So,
it is our understanding that the contract that is before you is what you are going to vote on. It is a two year
contract there are increases, there are changes all budgets most of them are up slightly for the current year
for 2003 and 2004 they are up modestly an average of about one to one and a half percent a high of two
except for one company where you are increasing the restricted vehicle fund to reflect the size of the fleet.
Otherwise there is not much note worthy about the contracts, the new provisions in the contract allow for
the reopening of the contract by mutual agreement between the Fire Company and the Town within the two
year period to talk about setting new standards for reporting our accounting. I think there are the issues that
these, other wise these contracts are virturally identically to the ones that were adopted several years ago.
Supervisor Brower-Ok Thank you Henry. At this time I would like to open the public hearing to any
members of the public who would care to comment on the proposed fire budgets or fire contracts for 2003-
2004. Would anyone care to address the Board? Good evening John would you just state your name and
address for the record please.
Mr. John Kassebaum - A Resident of Ward 2 representing Queensbury Central Fire as President of the
Corporation. I agree with Henry negations were held regarding the contracts for 2003, the original meeting
we had with the Town Board as you all know was November 12th. We had submitted going back to the
original contract that we were coming off of a three year proposed budget based upon are increases that we
had put in there, met with the Town on November 12th to discuss what we were looking at what the Town
was looking at. Things were brought about as far as certain line items not having an increase which we
agreed to at the November 12th meeting. We had discussed that there may be some fluctuation in truck
funds we say we certainly be a kind to looking at that as well. Went back for our second meeting on
December 9th and that is when the Town Board had given us a revised, with Henry had given us a revised
proposed budget for 2003. The two line items that had been discussed one which was the operating bdget
line item of the Chiefs vehicle we had put in a 3% increase across the Board for the line items on our
operating budget going along with what we had said the Town we would do we left the Chiefs vehicle as it
was we did not have an issue with that. Although we were not exactly fond of it we did also go with the
recommendation of Henry and the Town Board in reducing our truck fund monies for 2003 from the
$120,000 to the $75,000 the Town has suggested. Knowing that we would then be left with financing the
engine that we were looking to replace and we said that was fine with us as well. When we walked away
from the December 9th meeting we were under the understanding that we were all set for the 2003 budget.
Subsequently we received in the mail on December 26th dated December 23rd the proposal from the Town
Board and from the Comptroller's Office to add in the 2004 budget. There were two things that were going
to be showing on the 2004 budget, the first one being that there was one line item again th 3% increase was
instituted by the Town Board we were actually very presently surprised to see there was a little increase in
our truck fund based on the discussions we had, had at the previous meetings. But, there was one line item
that was not increased by the 3% and we were looking for some clarification on that. There was going to
be verb change are in addition actually into the contract that we had some concerns about as well. One of
which was already touched on by Henry tonight. My Treasurer Chris Hickey had contacted Bill Lavery on
December 27th to set up a meeting to discuss it with the Town Board subsequently the Chief Joe DePray
and myself had been up here on December 31 st I addressed some concerns with both Dennis and Bill and
with Henry about some workmen comp question, had reiterated to Bill and to Henry again that we were
interested in meeting. Subsequently we were up filling in one of the vouchers on January 13th with Henry
when I mentioned again that we had not heard about meeting with theTown Board to discuss the addition
of the 2004 which was never discussed in two previous meetings and he said he would get a note out to the
Town Board and I said I was especially confused because I know West Glens Falls and North Queensbury
Fire had meetings that night. We are not talking major issues nothing is going to stop the world from
spinning but for some clarification as far as my concerns were one of which has been elevated a little bit.
The new verbiage into the contract was the Town Board and Fire Company and this is under Section 4, the
Town Board and Fire Company hereby acknowledge the joint intention to open a contract prior to
expiration for possible negotiations regarding application of underutilized operating budgets and the
employment of an independent accountant as a bookkeeper for all companies. Acknowledging that it does
say possible negotiations number one we had discussed the bookkeeper issue in one or our previous
meetings I said I would prefer to see something on paper before we een entertained adding that into a
contract. At no time was it really the joint intention because again I wanted to see something before we
discussed the bookkeeper. I know it was an idea the Town had talked about I said it may be of interest to
Queensbury Central but we would like to look into it further before we started including it into contract
wording. Subsequently going back to the letter that we did receive on December 26th dated the 23rd it also
had said basically it was just the Town Board's intention to open the contract prior and then the rest of the
wording. There was no, that it would be a joint intention. It is not the end of the World, I just for public
record, I do have some concerns as far as the instituting of a bookkeeper we do, do audits every year it has
nothing to do, so there is no conspiracy theory of not disclosing our books, we do that every year as we
know for the Town Board and that is a main issue there. The biggest question I had was just the fact that
the explanation we ha gotten in passing in talking with Henry and Henry was helpful in trying to explain it,
we agreed to disagree that the 3 % increase for our small equipment was really based on the fact that in our
last audit it looked as though it was a fixed asset. We do not believe that is the case we thought it was more
of a possibly just the arbitrary was our biggest line item maybe that was way it wasn't increased. It is not
the end of the World but it is certainly something that we would have liked to have sat down with the Town
Board and discussed both the verbiage and the monies. Unfortunately that did not happen we are at the
public hearing we did not have a chance to talk and that is why I am basically here just voicing our
concerns. The last thing I would like to bring up and then certainly would entertain any questions or I will
take my seat is that something that we had brought up originally in our first two meetings with the Town
Board is that for years there was a liaison from the Town Board to the fire and ms services in the Town I
think something along those lines is sorely needed there is a lot of questions that both the fire and ems have
for the Town Board on a regular basis there is a lot of questions the Town Board has for the fire and ems, I
think a liaison and somebody who is willing to put in that time is certainly warranted and I would strongly
urge the Town Board of institute such a program again.
Councilman Brewer-I think we did that night, I asked Joe DePray if you had meetings that you want to do
that with let me know I would be happy to go and I have not heard a word from anybody.
Mr. Kassebaum-I will call you tomorrow Tim. I will let you know exactly when our meetings are both our
Board meetings and our company meetings are open to the public.
Supervisor Brower-Thank you.
Town Comptroller Henry Hess-Can I make just a response...first of all this was intended to be a public
hearing, not an negotiation session on contracts. The negotiations we thought had been done, secondly the
contracts even though we negotiate these contracts the fact is they are not arms length contracts. The Fire
Companies do not sell their services to a number of vendors on a competitive basis. They sell them to the
Town only and they sell them to a Town Board who has the sole discretion on how much taxes need to be
raised to provide that service. So, I think that when this agreement came about I think the Board has to be
sensitive to the fact that it is not an arms length transaction and the Board does have probably a greater say
in the level of taxation that is going to take place than probably the Fire Companies do. Really in fact
under the law the Town Board is not obligated to pick up 100% of those expenses that it does for the Fire
Companies. That is not intended to be said argumentatively I thnk it is a matter of fact for the benefit of
the public listening to, participating in the hearing. The Fire Company that Joe represents Queensbury
Central their budget is going up 4.1 % in 2003 and 4% in 2004 which is the high end of the range for the
Fire Companies. He made the comment that the Board cut back the restricted equipment fund the fact is
the restricted equipment for 2002 was sixty thousand dollars an increase over the prior year, the request
was a 100% increase to a hundred and twenty thousand. The Board instead increased it 25% to seventy
five thousand and again another 25% to ninety thousand for the 2004. So there was no cut in the fund it
just went up 25% each of two years instead of up a 100% in the first year.
Mr. Kassebaum-I may have mis-spoke about that you are absolutely right it did increase from sixty to
seventy five and we did ask for a hundred and twenty. Knowing that according to the time lines that had
been set up according to the previous contract we were purchasing a truck that is why we had originally put
in the 120,000 so it was not necessarily a cut but at the same time I also agree with Henry this is not the
purpose for negotiations the reason why I was just bring it up was because unfortunately we did not get the
chance to negotiate about the 2004 and terms and that is the only reason why I brought it up.
Supervisor Brower-You pointed out what I had marked down too, Henry, because it did go from sixty
thousand in 2002 to seventy five thousand in 2003 to ninety thousand in 2004. I think the Town Board
responded to the concerns that the fire company had over the usage of some of its equipment and the
replacement needs of some of its equipment. So, I think we have been extremely fair frankly to all the fire
compames.
Comptroller Hess-Just as a point of reference the highest contribution to an equipment fund in the other
squads is forty thousand dollars.
Supervisor Brower-Ok would anyone else care to address the Board at this time? Hearing none I think the
one other item that John had mentioned was the provision in the contract to be able to open the contract for
negotiations and that terminology is in there for the possibility of actually, I do not have that particular
page, Henry do you? I marked this thing up pretty heavy.
Councilman Boor-page 8 bottom.
Supervisor Brower-Thank you.
Comptroller Hess-I can read that to you. The Town Board and the Fire Company hereby acknowledge the
joint intention to open the contract prior to the expiration for possible negotiations regarding application of
underutilized operating budgets and the employment of independent accountant for bookkeeper for all
companies. That is a change it was under, been under consideration those two language changes for some
time in one form or another but the two things that were, two major items called to attention this year
during negotiations one is the need for more uniformity if you remember back in 1997 the Town conducted
an audit, the first one conducted on Fire and EMS companies and found out that we needed some
uniformity in the way we report. We have pretty much accomplished that, it is now acknowledged that we
maybe we need some more uniformity in the way we account, not just report but the way we account. So,
the Town Board would like to open, rather than prolong these negotiations and not come to an agreeent for
some more months go ahead and settle the contract with the agreement that negotiations would be open
during the contract with all five companies to see if an arrangement could be made and most of the
companies welcome the opportunity to have that discussion. There is no commitment on either side. The
other issue is the employment of underutilized operating budgets right now the contract provides the old
contract provides they can be taken back by the Town if they understand their operating budget or it can be
used to reduce debt and we are looking at other options. A couple of the companies, Bay Ridge in
particular made some good suggestions on how that money could be utilized but rather than apply it to just
Bay Ridge it needs to be applied to everybody uniformly and we need to talk about that further, they are the
two changes.
Supervisor Brower-One last chance anyone care to comment during the public hearing on Fire Company
Budgets?
Councilman Brewer-Do we have an attachment with all the budgets on it Henry in the budgets? I did not
get one if we do.
Comptroller Hess-I had handed them out before. I can lend you the summary if you want to see it.
Councilman Brewer-you can just make me one.
Comptroller Hess-I will put it in there.
Supervisor Brower-Hearing none I will close the public hearing and ask Town Board Members is they have
any comment or would care to propose an action? I just want to indicate that we are blessed with five hard
working volunteer fire companies that do an outstanding job of providing fire protection for the residents of
the Town of Queensbury. It does not come without costs and yet we have a very dedicated individuals that
serve these fire companies and I am thankful for them and with that I will call for a vote.
RESOLUTION APPROVING FIRE PROTECTION SERVICE AGREEMENTS FOR 2003 -
2004
RESOLUTION NO.: 68, 2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge
Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire
Co., Inc., South Queensbury Volunteer Fire Co, Inc., and West Glens Falls Volunteer Fire Co., Inc., (Fire
Companies) in accordance with agreements between each Fire Company and the Town, and
WHEREAS, the Town and Fire Companies negotiated terms for new two (2) year Agreements for
fire protection services, and
WHEREAS, in accordance with Town Law ~184 and General Municipal Law ~209(b), the Town
Board conducted a public hearing and heard all interested persons concerning the proposed agreements for
fire protection service, and
WHEREAS, copies of the proposed agreements have been presented at this meeting and are in
form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby
approves the fire protection service agreements between the Town and its five (5) Fire Companies, Bay
Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer
Fire Co., Inc., South Queensbury Volunteer Fire Co, Inc., and West Glens Falls Volunteer Fire Co., Inc.,
substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the agreements with each Fire Company and take such other and further action necessary to effectuate the
terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES None
ABSENT: None
2.2 Pubic Hearing Route 9 and 254 Traffic Improvements Capital Fund
Notice Shown
Councilman Boor-2.2 and these have been changed these numbers on here just so I know are we doing both
of these now?
Town Clerk Dougher-You have three and one of them I understand Mr. Hess wanted pulled the last one.
Councilman Boor-Are we going to talk about these individually or can we just fire away on this?
Town Clerk Dougher-As a whole.
Councilman Boor-As a whole, the one marked 2.5 B where we are going to assume 100% with the
expectation of the federal government finally putting in 80% there is no precedent where they wouldn't,
they will put the 80% up right?
Comptroller Hess-I am going to let Chris talk to that. We had quite a discussion about it they will but they
have to do it in a sequence that does not allow us ...
Councilman Boor-There is no real danger in us doing it a 100% and then having some war with Iraq or
something and have them...
Executive Director Round-Let me address your question but let me give you some background. The public
hearing tonight was established under the Capital Improvement Plan process a number of types of projects
do not normally invite public comment participation. This particular project does and will have other
public hearing components to it. The Route 9 and 254 Project is a locally administered project thorough
New York State DOT. We have signed we are authorizing the signing of a contract with DOT which
requires the DOT to reimburse us provided we follow certain steps. So, that the language that is in this
resolution is language that is requested by DOT and I know Henry struggled or had some concerns about
that particular language and I think he has addressed them with some minor revisions that is going to
satisfy both ...
Councilman Boor-The three of you are comfortable with it?
Executive Director Round-I looked at Bill Lamy, Bill is administering a couple of locally administered
project thorough DOT and the are very prompt in payment they have not defaulted on payment because of
budget constraints or any Golf War Impacts Bill with any of the bike plan bridge or Main Street. It is the
way the work is done now. It used to be administered by DOT now they are putting the burden on the local.
Councilman Boor-You three are comfortable with it.
Executive Director Round-I am and I know Bob has reviewed the contract and it is something...
Comptroller Hess-I am comfortable with resolutions A.B.C as written but pull D.
Councilman Boor-B was the only one that was of concern to me.
Supervisor Stec-Are we pulling D for future action or not necessary?
Comptroller Hess-It is not necessary.
Executive Director Round-For the public's benefit, there are three resolutions in front of the board to
authorize the Town to move forward with the Route 9 and 254 congestion area improvements. What the
Town is doing is agreeing to follow State purchasing standards we have gone through a procurement
process and selected Sear Brown Consultants by way of a scope of work from Sear Brown that the DOT
has reviewed and approved and they will be looking at a series of alternatives on how to resolve congestion
improvements at 9 and 254. We are having a public hearing at this point because our Capital Improvement
Plan policy requires that we do so because a CIP includes all types of capital projects that do not
necessarily involve public funds or don't necessarily involve or invite public participation. There will be at
least two public informational meetings as part of the 9 and 254 projects so people will get a chance to say
hey we like this solution or we do not like that solution we would like you to look at smething else. We
have already started to receive comments and suggestions about how to look at the particular project. So,
there is really nothing new happening tonight that you have not heard already other than the resolutions that
allow you to enter into the agreements and hire Sear Brown to look at that particular area. I know Roger
and Dennis sat on the selection committee in looking at Sear Brown, Sear Brown right now is working for
Warren County and has looked at Quaker Road a series of improvements for Quaker Road for some turning
lanes so we thought that was an advantage to have Sear Brown working on this particular intersection. Sear
Brown has also been the Town Planning Board consultant in reviewing the environmental impact
statements for the Aviation Mall so they have a great understanding of what is going on at Aviation Mall.
What is planned at Aviation Mall want is going on in the corridor. So, we are all very comfortable in
looking at that consultant, so I just want to share that with thepublic and the board.
Councilman Brewer-Can I ask one question about these, I have a personnel problem with we put things out
to bid and we award a bid for ninety thousand and then there is a ten thousand dollar cushion. I hate that.
Bid one hundred thousand.
Executive Director Round-What that is Tim, Henry has asked that resolution 2.5D be pulled is that the
State has authorized us to spend up to one hundred thousand dollars we negotiated a contract with Sear
Brown and we are able to bring that cost to ninety thousand dollars there will be costs to the Town at times
whether it is a reproduction of materials, a mailing, there is sometimes there are some things that fall out of
the scope of the consultant services and so that ten thousand dollars is reserved for that use and what we
will do is when we incur that cost we will come to the Board, ask for you to spend that and you will know
what that is and how and when we are spending it.
Councilman Brewer-I understand that Chris, but, in my mind and maybe I got a simple mind, but, these
companies have been doing this for years and years and years and they always know that there is another
ten thousand or eight thousand so why don't they put it in the price.
Comptroller Hess-This ten thousand isn't geared for...
Councilman Brewer-This is for us?
Comptroller Hess-This is for us....
Supervisor Brower-It doesn't go to Sear Brown.
Executive Director Round-In administering this contract process the State allows the Town incur costs and
seek reimbursement for those costs and so they budgeted, they said Town do you want to consider ten
percent of the over all project cost as a local cost and so if you incur costs that are directly attributable to
this contract you are able to do that I think you are familiar with that with the small cities project. We are
incurring costs that, whether it was a special meeting or in advertising we can spend and get reimbursed for
that. So it is not a cushion for the consultant it is a cushion for the Town itself so I hope I have addressed
that.
Councilman Brewer-Well I understand I guess but its just the way it is written here I do not it is confusing
to me.
Councilman Boor-Is that stated ok at one hundred thousand we have contracted for ninety but does that
mean that, that additional ten thousand is still available to us should we need it is that would you are saying
and at that point if we need it we could draw off that?
Executive Director Round-That is correct if we go through the proper documentation we will be able to
spend that money and get reimbursed for it.
Councilman Boor-So in other words does that, is that a fund that they set up? Or is that just a pool of
money that a lot of people pull out of, this hundred thousand.
Executive Director Round-This hundred thousand is subject to what they call the master federal aid
agreement that specifies that within that this scope of work ninety percent of that is contractual services ten
thousand dollars is other.
Supervisor Brower-Well this establishes a Capital Project NO.1 for this corridor number two it enables
ninety thousand to be spent for Sear Brown Engineering and we will advance, the Town will advance the
monies to the project with the idea that we will be reimbursed eventually but certainly that will come from
our Capital Improvement Fund Reserve and you have anything further to add on that Henry?
Comptroller Hess-I think that you are right this is not coming out of the General Fund this is the hundred
thousand advance is coming from the Capital Reserve Fund, Fund 64, which is where you put the money
aside for the Capital Improvement Plan and the three resolutions you are adopting A does establish the
Capital Fund, the Capital Reserve for this project, Resolution B. is the boiler plate that you need to pass
that really reaffirms resolution A but puts it in language that the State can except for their purposes and
then resolution C is the hiring of Sear Brown.
Supervisor Brower-At this time I will open the Public Hearing and ask members of the public if anyone
would care to comment on the proposed action? Ok. Seeing none, I will close the public hearing and ask
Town Board Members if they have any comments or recommended actions?
Executive Director Round-Dennis if! might, 2.5B there is a the title of the resolution does not read
correctly it should say Program Aid Eligible costs of Routes 9 and 254 Traffic Improvements not the title
that is shown there. The body of the resolution contains the proper language.
RESOLUTION AUTHORIZING ESTABLISHMENT OF ROUTES 9 AND 254 TRAFFIC
IMPROVEMENTS CAPITAL PROJECT AND ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS
CAPITAL PROJECT FUND #137
RESOLUTION NO.: 69,2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board adopted the Town of Queensbury's Capital
Improvement Plan (CIP), which CIP included the Town's proposed prioritized short and long-term Capital
Projects, and
WHEREAS, in accordance with the CIP, the Town Board must conduct a public hearing before
approving any specific Capital Project listed on the CIP, and
WHEREAS, the Town Board scheduled and duly held a public hearing on January 27th, 2003
concerning establishment of the Routes 9 and 254 Traffic Improvements Capital Project, currently listed on
the Town's approved CIP,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of
the Routes 9 and 254 Traffic Improvements Capital Project, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of
a Capital Project Fund to be known as the Routes 9 and 254 Traffic Improvements Capital Project Fund
#137 which Fund will establish funding for expenses associated with this Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such Capital
Project shall be by an interfund loan from the Town of Queensbury Capital Reserve Fund #64 in the
amount of $100,000 to transfer to Routes 9 and 254 Traffic Improvements Capital Project Fund #137, until
Federal and Non-Federal Funds are received in the amount of $100,000, and
BE IT FURTHER,
RESOLVED that the Queensbury Town Board further authorizes and directs the Town
Comptroller's Office to take all action necessary to establish the following accounts for such appropriations
and revenues as necessary: Revenue Acct No. - 137-0137-4789 (Other Economic Assistance &
Opportunity) $100,000, Expense Accts - 137-8020-4403 (Engineer/Surveyor) $90,000; 137-8020-4400
(Miscellaneous Contractual) $10,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller's Office to
amend the 2003 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.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT: None
RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING OF THE FIRST INSTANCE
100% OF FEDERAL AID AND STATE "MARCHISELLI" PROGRAM-AID ELIGIBLE COSTS OF
ROUTES 9 AND 254 IMPROVEMENTS CAPITAL PROJECT AND APPROPRIATING FUNDS FOR
SUCH CAPITAL PROJECT
RESOLUTION NO.:70, 2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by previous Resolution, the Queensbury Town Board authorized establishment of the
Routes 9 and 254 Traffic Improvements Capital Project, and
WHEREAS, such Capital Project for the Routes 9 and 254 area congestion improvements, Town
of Queensbury P.I.N. 1753.82 (the "Project"), is eligible for funding under Title 23 U. S. Code, as amended,
that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds
and 20% non-federal funds, and
WHEREAS, the Town of Queensbury wishes to advance the Project by making a commitment of
100% of the federal and non-federal share of the costs of preliminary engineering and has previously
appropriated the funds for this purpose,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reaffirms and authorizes its establishment
of the Routes 9 and 254 Traffic Improvements Capital Project, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Comptroller to make
the arrangements for the Town to pay in the first instance 100% of the federal and non-federal share of the
cost of preliminary engineering work for the Project or portions of the Project up to the $100,000 already
appropriated, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs $100,000 to be transferred from
Fund #64 - Capital Reserve Fund as previously authorized, and such sum is made available to cover the
cost of participation in the above phase of the Project, and
BE IT FURTHER,
RESOLVED, that in the event that the full federal and non-federal share costs of the Project
exceeds the amount appropriated above, the Queensbury Town Board shall convene as soon as possible to
appropriate such excess amount immediately upon the notification by the New York State Department of
Transportation, and
BE IT FURTHER,
RESOLVED that the Queensbury Town Board further authorizes and directs the Town Supervisor
and/or Executive Director of Community Development to execute all necessary Agreements, certifications
or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the Town with the New
York State Department of Transportation in connection with the advancement or approval of the Project
and providing for the administration of the Project and the Town's first instance funding of Project costs
and permanent funding of the local share of federal aid and state-aid eligible Project costs and all Project
costs within appropriations therefore that are not so eligible, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community
Development to file a certified copy of this Resolution with the New York State Commissioner of
Transportation by attaching it to any necessary agreement in connection with the Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Executive
Director of Community Development to take all action necessary to effectuate all terms of this Resolution,
and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF SEAR BROWN TO PROVIDE ENGINEERING
SERVICES CONCERNING ROUTES 9 AND 254 TRAFFIC IMPROVEMENTS CAPITAL PROJECT
RESOLUTION NO.: 71. 2003
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by previous Resolution, the Queensbury Town Board established the Routes 9 and
254 Traffic Improvements Capital Project and the Routes 9 and 254 Traffic Improvements Capital Project
Fund #137 and appropriated funds for the Project, and
WHEREAS, the Town of Queensbury's Executive Director of Community Development has
recommended that the Town Board engage Sear Brown to provide the necessary engineering services in
connection with the Project, and
WHEREAS, Sear Brown has offered to provide these services for an amount not to exceed
$90,000 as delineated in the Architectural/Engineering Consultant Agreement presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of
Sear Brown for engineering services in connection with the Routes 9 and 254 Traffic Improvements Capital
Project for an amount not to exceed $90,000 to be paid for from the newly created Capital Project Fund
#137, such Fund to be reimbursed by federal and non-federal funds, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the Architectural/Engineering Consultant Agreement between the Town and Sear Brown presented at this
meeting as well as any other necessary documentation, and authorizes and directs the Executive Director of
Community Development, Town Comptroller and/or Town Supervisor to take such other and further action
as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES None
ABSENT: None
Discussion held before vote: Supervisor Brower-Chris I want to thank you for the effort that you have put
in on this. It certainly an important corridor for the Town and we got to keep that humming.
PRESENT A TIONS
North Queensbury Sewer Project Update by O'Brien and Gere and Mr. Bill Lamy
Mr. Bill Lamy the Deputy Supt. Of Warren County Dept. Works and Stewart Speigel Managing Scientist
from O'Brien and Gere who is the consultant for the North Queensbury Sewer Project. Passed out the
following: Involved on the Draft Supplemental Environmental Impact Statement for the North
Queensbury Project... Briefed the Town Board on the project... seeking input from the Board as an involved
agency...
Presented by Sewart Speigel
Project Alternatives - Limitations to Implementation
Alternative
1. Centralized collection and treatment, treatment facility behind firehouse, discharge to Glen Lake Brook
Limitation
1. Difficulty accessing some residences. 2. Location of Discharge away from contact use of brook
Estimated Operations & Maintenance Cost $180*
Noted there are fine points to this proposal still being looked at: 1. discharge to Glen Lake Brook and
where it should be best situated and 2. the size of the treatment facility behind the fire house...
Alternative
2. Centralized collection and treatment, discharge to Lake George Wastewater Treatment Plant
1. Difficulty in accessing some residences 2. Fatal Flaw - Lake George does not have capacity to accept
flow
Estimated Operations 7 Maintenance Cost* $220
Alternative
3. Centralized collection and treatment, discharge to Dunham Bay wetlands
Limitation
1. Fatal Flaw - NYSDEC will not provide a discharge permit for wetlands discharge at this location.
Estimated Operations & Maintenance Cost* $250
Alternative
4. Centralized collection and treatment, spray/subsurface discharge at Dunham Bay site
Limitation
1. Fatal Flow - Available overburden and depth to ground water are insufficient for site use.
Estimated Operations & Maintenance Cost* $225
Alternative
5. Centralized collection and treatment, spray/subsurface discharge at Pickle Hill site
Limitation
1. Fatal Flaw - Available overburden and depth to ground waer are insufficient for site use
Estimated Operations & Maintenance Cost* $235
Alternative
6. Centralized collection, discharge raw wastewater to Lake George Wastewater Treatment Plant for
treatment and discharge
Limitation
1. Fatal Flaw - Capacity of sand filters at treatment plant insufficient for treatment.
Estimated Operations & Maintenance Cost* $235
Alternative
7. Centralized collection, discharge raw wastewater to Glens Falls sewer system for transmission to Glens
Falls Wastewater Treatment Plant, treatment and discharge
Limitation
1. Fatal Flaw - Constitutes an inter-basin transfer under the Great Lakes Basin Charter; requires approval of
all Great Lake states and provinces; approval highly unlikely.
Estimated Operations & Maintenance Cost* $235
Alternative
8. Decentralized collection and treatment, multiple community systems
Limitation
1. Fatal Flaw - Insufficient properties (number and size) available in services area for location of systems.
Estimated Operations & Maintenance Cost* $220
Alternative
9. Combination of individual treatment systems (Septic Tank Management District)
Limitations
1. Fatal Flaw - Majority of residences will not comply with required setback regulations, lot sizes and
related limitations.
Estimated Operations & Maintenance Cost* $150-$1700* *
* Approximate annual cost per EDU (assume 710 EDUs) in March 2002 dollars ** Lower cost ($150)
assumes district is predominantly septic systems that are cleaned out once a year; higher cost assume
district is predominantly holding tanks (due to severe limitations on septic tank use) with the holding tanks
emptied every three weeks.
Councilman Stec-Questioned what would be involved in expanding the L. G. Treatment Plant?
Mr. Lamy-Noted there is not enough space at that location.
Councilman Boor-Questioned if there has been identified the number off ailing systems on the lake? ...1 do
not know if we are treating eleven homes or eleven hundred homes...Noted it will take fifteen thousand
dollars for every individual to hook up to this ...those numbers are not in the figures as shown...1 consider
that to be a fatal flaw...Where is the study that shows that when you put people on a sewer system they
don't increase their use of fertilizers.. .do we get a positive net benefit I am not sure... what is the
environmental impact of blasting in bedrock we have talked about this before, what about the number of
trees that will be removed what effect does that have environmentally. When you have to blast bed rock
have lift stations, I do not know how many like this would require but certainly quite a few. To me we end
up with exactly what was initially offered everything else has a fatal flaw. I do not see that some of these
others have been given their day in court really. I am not pleased wit what I am seeing here...question the
amount of commercialization that will take place where there is a sewer system? What about the
wastewater management as asphalt as it is developed... What about the warming of water from runoff are
we looking at these types of things? I have serious concerns for the quality of life for the people up there,
that place will never be the same in a lot of bad ways if we put a sewer up there.
Mr. Lamy-Asked that Mr. Boor write down his concerns so they can be looked at...noted that there has
been given a fair shake to all the alternatives in front of you.. .looking for a preferred alternative that solves
the problem to put it in front of the Town of Queensbury that will lead to the formation of the sewer
district, it does not matter to us what the option is it has to make sense. Ultimately the Town Board gets to
vote on it, and every resident in the district gets to vote on it. It maybe there isn't an alternative that will
work for North Queensbury...Maybe status quo is the solution. From the engineering evaluation we have
gone through the information, wastewater in Queensbury has been studied since 1965 and there is nothing
new...
Councilman Boor-With all due respect you have hit it right on the head when you said you have been
looking at it since 1965 and nothing has changed because that is exactly what has changed, we have got
new systems up these fifty five gallon drums that were there in 65' are not there anymore and I want to
know if these Elgin systems are doing the job. I have not seen a study that says they are or aren't why
would I spend all this money with out having that very simple basic question answered.
Supervisor Brower-Questioned the cost of hook up for residents, fifteen thousand? Can those costs be
picked up by the project?
Mr. Lamy-Noted there are extreme property out there...in Hague the cost from the public utility to the
lateral cost are borne by the property owner with the exception of those cases where grinder pumps or in
the case of Queensbury a step system, with those exceptions the project paid for the pumps. Noted there
are a wide range in connection costs.
Supervisor Brower-Questioned what the projected cost will be for Alternative NO.1?
Mr. Speigle-As of last years costs, seventeen point nine million.
Supervisor Brower-Noted that there would have to be more monies coming from the Federal Government.
Mr. Lamy- That is correct.
Councilman Brower-How much do we have left?
Mr. Lamy-About eight million dollars.
Supervisor Brower-What is your projection as to our potential success of being about to receive more
dollars for this project?
Mr. Speigel-Right now pretty much up in the air, it is far from impossible it is a doable thing, a member
item from a congressman or EP A would have to be lobbied.
Supervisor Brower-The proposed location of the treatment plant behind the Cleverdale Fire House and then
the treatment effluent into the brook what is the directional flow of that brook?
Mr. Lamy- The brook flows easterly to the Hudson Champlain Canal, actually it flows east and south into
the Halfway Brook which flows easterly to the Hudson Champlain Canal.
Councilman Boor-The size of the project would include Assembly Point and Cleverdale
Mr. Lamy- And Rockhurst.
Councilman Boor- east side of Lake George
Mr. Lamy-We stop at the Warren County Line.
Councilman Boor- down Ridge Road and a treatment station and lift stations and you think you can do this
for seventeen million dollars?
Mr. Lamy-Noted there are no connections on Ridge Road. Noted the figures are 2002...
Mr. Speigle-Noted they have done ground penetrating radar to see where the bedrock is...used as input for
the cost projections.
Councilman Boor-Are there costs in there for property acquisition?
Mr. Speigle-I believe there was some costs in the estimate.
Supervisor Brower-How long will it take you to compile the EIS.
Mr. Speigle-Between forty five and sixty days and we will have a draft version from a preparation
perspective not in the legal sense to turn over to Mr. Lamy and the County to review before it will be
officially turned over to the County for acceptance.
Supervisor Brower-We will have public hearings at that point?
Mr. Speigle-Noted there will be opportunity for the public to review and to vote on the proposed district.
Executive Director Round-Re: Alternative 9 You dismiss alternative nine because the system do not meet
set back requirements, can you expand on that?
Mr. Speigel-Our understanding is that a lot of the systems that are in place now may have been constructed
before the ordinances were in place and therefore technically speaking they are in contravention of the
existing ordinances. If new systems were to be put in those new systems would have to comply with all
ordinances and set back requirements...
Mr. Lamy-A septic tank maintenance district will not solve all your problems it will solve part not all.
Supervisor Brower-If NO.1 was to move forward to construction 100% would be funded by Federal
Dollars?
Mr. Lamy-No 90% would be funded by Federal Dollars, 10% would be funded locally and last direction
from the Warren County Sewer Committee was that the County was paying for the local share. With that I
asked Stu when he developed the O&M costs to back our any charges in that annual user fee that would be
related to debt service or capital construction because as the program has been devised, at this time there
would not be a charge for capital construction.
Supervisor Brower-That is consistent with the Lake George project and the Hague project as well. Thank
you.
PRESENTATION - SMALL CITIES PROGRAM UPDATE
Presentation made by Queensbury Planner Marilyn Reba and Charles Philion of Shelter Planning. (handed
out to the Board some technical data on the project on file)
Queensbury Planner Marilyn Reba-Updated the Town Board on the Small Cities Program in West Glens
Falls ... received $400,000 for the program, 10% is used for program deliver services, Shelter Planning is
the lesion with homeowners, contractors and the town. Other funds are used for administration which is for
reports, environmental reviews and Shelter Planning and Development also does that. A small part of that
is reserved to the Town for us to utilize as we see the need and recently we advertised for contractors and
we hope to be doing a lead base paint workshop soon. We have to date completed or substantially
completed eight homes the cost of each project has been a little bit higher than expected, we average about
twenty three thousand two hundred and fifty dollars per property originally we hoped to do twenty three
properties, nineteen single family homes four landlord or multi family situations that is not going to happen
if we continue with the costs. Some of the higher costs are attributable to th lead base paint operation and
some reference to the amount of maintenance that resulted in the need for improvements to meet basic
health and safety standards. We had hoped for a maximum of twenty thousand per property we have had to
go over that in several instances.
Charles Philion of Shelter Planning-Presented a slide show of some of the homes that were renovated
through this program... Noted some renovations included siding, replacement windows and doors,
upgrading of electrical systems, repairs to inside of the house, handicapped accessibility issues, work on
septic systems.. .new roofs...
Planner Marilyn Reba-Spoke to the board on how grants are achieved, noting the Town is competing with
other areas for the funding...noted there are some ideas to expand the target area for another grant in that
specific area, there are quite a few people calling in other areas of the town we do have funds through a
technical assistant grant to look at housing strategy over all for the town and that will come in handy.
Noted there are two hearings one on February 24th and one in March, if resolutions can be prepared to set
those public hearing for your next meeting date.
Mr. Philion-Noted there is a documented need in this area for housing improvements...
Planner Marilyn Reba-We are doing a through job so we do not have to come back two or three times that
will be emphasized in a new application.
Councilman Boor-Do you look for asbestos?
Mr. Philion-In many instances it is not an issue we go by Federal guidelines...
Councilman Turner-Questioned if you were looking to expand in the same area?
Planner Marilyn Reba-Back in 2001 we had a larger area and we did not get the funding the State said if
you cut it back we will look more favorably so we are looking to extend that same area depending on the
income survey and that is part of the work of Shelter Planning...need updated income survey for the area.
Mr. Philion-The target area has to be 51 % low to moderate benefit ...
Planner Marilyn Reba-The first public hearing is input from the community for additional ideas, the second
hearing closer to having the application in final form, anyone with concerns or suggestions they are
certainly welcome to call me...
Supervisor Brower-Thank you.
3.0 CORRESPONDENCE
31. Town Historian's 2002 Annual Report 32. Town Clerk's Annual Report 2002 and December 2002
Monthly report and the Receiver to Taxes for 200233. On file the Nace Engineering report on the
Schermerhorn Walker Lane Town house septic system annual report
4.0 INTRODUCTION OF RESOLUTIONS FROM THE FLOOR
Town Counsel Hafner-recommended to the Board a resolution requesting title insurance in regard to
purchase of property from Hole in the Woods...
5.0 OPEN FORUM
Mr. Dick Merrill-What are the plans for the Bay Ridge Fire House on Sunnyside?
Supervisor Brower-At this point in time we are still planning on using it for a storage facility...
Mr. Pliney Tucker-4l Division Road Town Comptroller-Do you have an inventory of all businesses in the
Town of Queensbury?
Town Comptroller Hess-No.
Mr. Tucker-Questioned how the sales taxes are being monitored?
Town Comptroller Hess-Noted that the Town does not have a way to audit that, it comes from the State and
is allocated to the County and the County gives it to uS...the Treasurers office does a reasonableness test
and spot checks returns, they go to the state and spot checks returns for business located in Queensbury to
make sure they are reporting it correctly.
Supervisor Brower-Noted that the only office that can check this is the County Treasurer's Office...
Mr. Tucker-Congratulations (Mr. Hess) for stepping into the political arena a breath offresh air I believe
anyway. Resolution 6.12 what property is that?
Councilman Boor-Easements.
Town Counsel Hafner-There is a small piece of property where the pump station was going to be...
Mr. Tucker-Resolution 6.14 I was under the impression that the connector road was going to go in if the
industrial park became a reality?
Supervisor Brower-The industrial park will be a reality, the City will be paying part of the cost of this road.
It is part of the sewer agreement along with the annexation of veterans field, which will be called the
Northway Industrial Park.
Mr. Tucker-Resolutions 6.16 & 6.17 Tax problem with Niagara Mohawk- How come we have two people
doing the same thing?
Town Counsel Hafner-These are very valuable pieces of property and as part of the litigation over the
assessment, it was determined that we needed a second appraiser, with different ways of appraising that
same property. We have been ordered to supply appraisals and the date they are due in Court is March
31st.
Mr. Tucker-Resolutions 6.20, 6.21, 6.22 Are they all related? What are they doing for the Recreation
Department.
Town Counsel Hafner-The resolutions states that Robert Winchip Sr. will be a part time recreation
specialist and the pay would be at $9.50 per hour and he is the father of Robert Winchip Jr. and Jennifer
Winchip...the others would each be a part time recreation leader at the pay of $5.15 per hour....the only
reason this is a resolution in front of the Town Board is because they are related and in those cases we need
to have the Town Board review it.
Mr. John Salvador-Re: Warren County Sewer Project $180.00 per year is 50 cents a day is pretty cheap...1
would not be concerned about the costs. Noted he did not feel that the project would deal with
blasting...reviewed fatal flaws ... reviewed the DEC position of 1953...prohibiting discharge to the surface
waters of Lake George.. .1979 changed to no one could discharge to the surface waters of Lake George
except the two municipal treatment plants that existed, the precluded Queensbury from building a sewage
treatment plant that would discharge in the basin.. .1984 changed allowing Eichlerville to discharge in the
basin anybody could do it until.. .1987 the Lake George park Commission had authority to promulgate
wastewater regulations...repealing the 1984 permission to discharge in the basin, that is the chain of events
that brought us to today...There is nothing environmentally wrong in discharging treated wastewater to a
wetland... Alternative one, four and five...and separate the projects the flaw is tryng to put too much
wastewater in one area...noted it would not cost seventeen million dollars. Spoke about the discharge from
marinas around the lake...need leadership in this area.
Mr. Trevis Whitehead-22 Brookshire Trace- What has happened in the last year regarding sales tax from
the Great Escape?
Supervisor Brower-The County had a meeting with John Collins regarding this, the State Comptrollers
Office had people at the Great Escape evaluating their collection procedures and found them as I
understand to be in compliance with what the require. We have not had any official correspondence per
se.... There might be in the future a change in the States requirement of what is taxable and what isn't.
Mr. Whitehead-Requested that we resolve to find our what the status of this is...
Councilman Boor-We do not have the authority the County has to examine this...
Supervisor Brower-Noted he can ask the State Comptrollers office for an opinion.
Mr. Daniel Valente-Local Builder - Re: No. Qsby. Sewer District Noted larger houses are being placed on
smaller lots in the North Queensbury area...noted new septic system will only last fifteen to twenty
years...what we have right now is a short term fix a long term will be a lot greater reward with a sewer
district.
Mr. John Salvador-RE: Sales tax on Great Escape the law says that if you have a two ticket system the
rides and the admission have to be equal or a reasonable relationship between the two, there is no
reasonable relationship between three dollars and thirty dollars especially when the three dollars includes
all day parking which is taxable. RE: Americade Sales tax...they charge a sixty dollar registration fee for
Americade participants and when you analyze what the registration fee is for it is for nothing but admission
and admissions are taxable...it is now a question of enforcement. Mr. Tessier has agreed that Mr. Dutcher
needs a business license in the Town of Lake George and when he applies for this license there is
disclosure involved...
Supervisor Brower-Seeing no further comments the Open forum was closed.
6.0 RESOLUTIONS
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.1 OF 2003 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE LANGUAGE
CONCERNING SPECIAL USE PERMITS AND ESTABLISH SETBACKS FOR MIXED USEIMAIN
STREET ZONE
RESOLUTION NO. 72, 2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 1 of 2003 to amend
Queensbury Town Code Chapter 179 entitled "Zoning," specifically Article 10 entitled "Special Use
Permits", to 1) add language concerning special use permits particularly concerning the operation of
marinas and 2) revise Zoning Ordinance Table 4 entitled "Summary of Dimensional/Bulk Requirements,"
to establish setbacks for the Mixed Use ZoneIMain Street, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal Home
Rule Law ~1O and Town Law Article 16, and
WHEREAS, 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 shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on February 10th, 2003 to hear all
interested persons and take any necessary action provided by law concerning proposed Local Law No.: 1 of
2003, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning proposed Local Law No. 1 of 2003 in the manner
provided by law.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES None
ABSENT: None
RESOLUTION ESTABLISHING POSITION OF SECOND DEPUTY RECEIVER OF TAXES AND
ASSESSMENTS
RESOLUTION NO. 73, 2003
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board wishes to establish the full-time position of Second
Deputy Receiver of Taxes and Assessments in accordance with New York State Town Law ~20(3)(c),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby establishes the position of Second Deputy
Receiver of Taxes and Assessments in accordance with New York State Town Law ~20(3)(c), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby sets the initial salary for such position at $25,000
annually, and
BE IT FURTHER,
RESOLVED, that the Town Clerk shall make an appointment to such newly established position,
and
BE IT FURTHER,
RESOLVED, that it shall be the duty of the Second Deputy Receiver of Taxes and Assessments to
assist the Receiver of Taxes and Assessments and Deputy Receiver of Taxes and Assessments in the
performance of their duties along with any other assigned duties, and in his or her duties, the Second
Deputy Receiver of Taxes and Assessments will in times act for and in place of the Receiver of Taxes and
Assessments, and
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 hereby authorizes and directs the Town Supervisor, Town
Clerk and/or Town Comptroller's Office to complete any documentation and take such other and further
action necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES None
ABSENT: None
Letter Read after adoption of Resolution No. 73.2003
January 27,2003
To: Queensbury Town Board
Re: Appointment - Second Deputy Receiver of Taxes for 2003
I hereby appoint as my Second Deputy Receiver of Taxes for 2003:
Ms. Irma I. VanGuilder
Respectfully submitted, /s/ Miss Darleen M. Dougher Town Clerk-Queensbury
RESOLUTION AUTHORIZING PURCHASE ORDER FOR DUMP TRUCK FOR USE BY TOWN
WATER DEPARTMENT
RESOLUTION NO.: 74, 2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board previously adopted purchasing procedures which
require that the Town Board must approve any purchase in an amount of $5,000 or greater up to New York
State bidding limits, and
WHEREAS, the Town Water Superintendent has advised the Town Board that he wishes to
purchase a dump truck to replace a one-ton dump truck in the Town Water Department, and
WHEREAS, New York State Bidding is not required as the purchase is under New York State
Contract No.: PC5842l,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Water Superintendent's
purchase of a dump truck from Genesee Truck Sales in accordance with New York State Contract
#PC5842l for an amount not to exceed $24,902 to be paid for from funds budgeted in the current year,
from the appropriate Water Department account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Town
Comptroller and/or Town Supervisor to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF PAUL SMITH AS PART-TIME LABORER FOR TOWN
TRANSFER STATIONS
RESOLUTION NO.
: 75, 2003
INTRODUCED BY
Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Solid Waste Facilities Operator has requested Town Board authorization to hire
Paul Smith as a temporary, part-time Laborer to work at the Town Transfer Stations, and
WHEREAS, Mr. Smith's twin brother presently works in the Town Highway Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Solid Waste
Facilities Operator to hire Paul Smith as a temporary, part-time Laborer effective January 28th, 2003, at an
hourly salary of $11.19 to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that such hiring is contingent upon Mr. Smith passing the pre-employment physical
required by Town Policy, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Solid
Waste Facilities Operator and/or Town Comptroller to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES None
ABSENT: None
RESOLUTION APPROVING GRANT AWARD FOR CASE FILE #4305 IN CONNECTION WITH
WARD 4 REHABILITATION PROGRAM
RESOLUTION NO.: 76,2003
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which
provides grants to cover 100% of the cost of rehabilitation up to a maximum of $20,000, and
WHEREAS, a single family property, Case File No.: 4305, has been determined to be eligible for
rehabilitation grant assistance and the owner of the property has requested such assistance, and
WHEREAS, property rehabilitation specifications have been provided to three (3) qualified
contractors for bid, and
WHEREAS, the low bid cost to complete the work specified is fourteen thousand nine-hundred
ninety dollars ($14,990), and
WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has
verified that it has been followed in this case and recommends approving this grant,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves a grant for Case File No.: 4305
in the Town of Queensbury, New York in the amount not to exceed fourteen thousand nine-hundred ninety
dollars ($14,990) and authorizes and directs either the Town Supervisor or Town Senior Planner to execute
a Grant Award Agreement and take such other and further action as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT
None
RESOLUTION AUTHORIZING REVISION TO GRANT AWARD FOR CASE FILE #4313 IN
CONNECTION WITH WARD 4 REHABILITATION PROGRAM
RESOLUTION NO.: 77,2003
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury has established a Housing Rehabilitation Program which provides
grants up to 100% of the cost of rehabilitation, up to a maximum of $20,000 per unit whichever is less, and
WHEREAS, a single family property, Case File # 4313, has been determined to be eligible for
rehabilitation grant assistance and the owner of the property has requested such assistance, and
WHEREAS, by Resolution No.: 46,2003, the Queensbury Town Board approved a rehabilitation grant in
the amount of nineteen-thousand five-hundred dollars ($19,500) for Case File #4313, and
WHEREAS, property rehabilitation specifications have been revised to include additional work, and
WHEREAS, the revised cost to complete the work specified is twenty-eight thousand twenty-five dollars
($28,025) and is still the lowest acceptable cost,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Town Board approves a grant for Case File #4313,
Queensbury, New York, in the amount not to exceed twenty-eight thousand twenty-five dollars ($28,025)
and authorizes and directs the Town Supervisor and/or Town Senior Planner to execute a Grant Award
Agreement and take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT
None
RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHTS ON FELD AVENUE
RESOLUTION NO.: 78.2003
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board wishes to arrange for placement of two (2) street lights
on Niagara Mohawk Power Corporation Poles #6A and #5-lD on Feld Avenue in the Town of Queensbury,
and
WHEREAS, such lights would be located within the boundaries of the West Queensbury Lighting
District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves installation of 70 watt high
pressure sodium lamps on Niagara Mohawk Poles #6A and #5-lD on Feld Avenue in the Town of
Queensbury with payment for the lighting to be billed to the West Queensbury Lighting District Account
No.: 024-5182-4305, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to
make all necessary installation arrangements with Niagara Mohawk Power Corporation and take any other
action necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES
None
ABSENT: None
RESOLUTION DESIGNATING LEWIS STONE CHAIRMAN OF TOWN OF QUEENSBURY ZONING
BOARD OF APPEALS
RESOLUTION NO.: 79.2003
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board has received the Queensbury Zoning Board of Appeals'
recommendation for its year 2003 Chairman and the Town Board now wishes to designate Lewis Stone as
Chairman of the Zoning Board of Appeals for the year 2003,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby designates Lewis Stone as Chairman of the
Town's Zoning Board of Appeals for the year 2003.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT: None
RESOLUTION TO AMEND 2003 BUDGET
RESOLUTION NO.: 80.2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Comptroller's Office to take all action necessary to transfer funds and amend the 2003 Town Budget as
follows:
RECORDS:
FROM:
TO:
$ AMOUNT:
01-1460-1061
(Records)
01-1460-4155
(Temp. Emp.)
2,640.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING PAYMENT OF POST-STAR ADVERTISEMENT
RESOLUTION NO.: 81,2003
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Queensbury Town Court personnel purchased a personnel recruitment advertisement in the
Post-Star for an amount of $138.60 and have submitted a Voucher to the Comptroller's Office for
reimbursement to the petty cash fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Court's
purchase of the Post-Star personnel recruitment advertisement in the amount of $138.60 and reimbursement
of the Town Court's petty cash fund in the amount of $138.60 as set forth in the Voucher submitted at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Comptroller and/or
Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING EXTENSION OF INTERMUNICIPAL LEASE AGREEMENT WITH
WARREN COUNTY FOR USE OF HIGHWAY DEPARTMENT SHOULDER MACHINE
EQUIPMENT
RESOLUTION NO.: 82,2003
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board previously authorized an Intermunicipal Lease
Agreement with the Warren County Department of Public Works (DPW) concerning the DPW's rental of
the Town Highway Department's shoulder machine equipment, and
WHEREAS, the Town and Warren County authorized an extension of the Agreement for 2001
and 2002 and wish to extend the Agreement for 2003, and
WHEREAS, by Resolution No.: 775 of 2002, the Warren County Board of Supervisors
authorized an extension to the Agreement for the year 2003, and
WHEREAS, a copy of the proposed Extension Agreement has been presented at this meeting and
is in form approved by Town Counsel, and
WHEREAS, the Town Highway Superintendent recommends the Extension Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Extension to the
Intermunicipal Agreement between Warren County and the Town of Queensbury concerning the lease of
Town Highway Department shoulder machine equipment as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the Extension Agreement and take such other and further action necessary to effectuate the terms of this
Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING RETURN OF PROPERTY PREVIOUSLY DONATED TO TOWN
FROM DANIEL AND ELIZABETH VALENTE
RESOLUTION NO.: 83,2003
INTRODUCED BY: Mr. Theodore Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 20.2001, the Queensbury Town Board approved Extension NO.7
to the Central Queensbury Quaker Road Sewer District, subject to certain conditions, and
WHEREAS, those conditions were not satisfied and so a new Map, Plan and Report proposing an
alternative sewer district for the general area was prepared, and
WHEREAS, by Resolution No.: 349, 2002, the Town Board rescinded Resolution No.: 20.2001
and approved an alternative Extension NO.7 to the Central Queensbury Quaker Road Sewer District to
include the southern Bay Road corridor, and
WHEREAS, Daniel and Elizabeth Valente previously donated two easements and a parcel of land
to the Town of Queensbury explicitly to be used for the Sewer District Extension which was planned but
never completed, and
WHEREAS, the original Sewer District Extension never occurred, so the Town of Queensbury has
the responsibility to return such interests in real property donated by the Valentes for a specific purpose to
the Valentes, such parcel described in Warranty Deed of Daniel 1. Valente and Elizabeth M. Valente to the
Town of Queensbury dated December 12th, 2001 and recorded in the Warren County Clerk's Office at
Liber 1244 of Deeds, Page 290 and such easement described in the Easement of Daniel 1. Valente and
Elizabeth M. Valente to the Town of Queensbury dated December 12th, 2001 and recorded in the Warren
County Clerk's Office at Liber 1244 of Deeds at Page 284, and
WHEREAS, the Valentes have graciously permitted the Town of Queensbury to retain the
remaining sewer easement given to the Town by Valente Builders, Inc., described in the Easement dated
December 12th, 2001 and recorded in the Warren County Clerk's Office at Liber 1244 of Deeds at Page
279,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves and authorizes the return of certain property
identified in the Warren County Clerk's Office at Liber 1244 of Deeds, Page 290 to Daniel and Elizabeth
Valente as well as the Easement of Daniel and Elizabeth Valente to the Town of Queensbury dated
December 12th, 2001 and recorded in the Warren County Clerk's Office at Liber 1244 of Deeds at Page
284, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby determines that such property was given to the Town to
be used for a specific purpose which the Town will not be using it for, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any and all documents necessary to complete this transaction, including, without limitation, the Deed, any
Real Property Transfer Reports and Capital Gains Affidavits, which documents will be prepared by the
Valentes' attorneys and in form acceptable to Town Counsel, and take such other and further actions as may
be necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING RUBY RUN TO BE HELD AT ADIRONDACK COMMUNITY
COLLEGE
RESOLUTION NO. 84, 2003
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Adirondack Community College has requested authorization from the Queensbury
Town Board to conduct their second annual "Ruby Run" road run and walk as follows:
SPONSOR
Adirondack Community College
EVENT:
Ruby Run - Road Run and Walk
DATE
Saturday, March 29th, 2003
TIME
10:00 a.m.
PLACE:
Beginning and ending at ACC Road at Haviland Road
(Letter delineating course is attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance
from Adirondack Community College to conduct the Ruby Run road run and walk within the Town of
Queensbury on Saturday, March 29th, 2003, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval by the Town
Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the
date and time of the event.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES None
ABSENT: None
RESOLUTION AUTHORIZING BARTON & LOGUIDICE, P.C., TO PROVIDE ENGINEERING
SERVICES RELATED TO DESIGN OF MAIN STREET CONNECTOR ROAD
RESOLUTION NO.: 85. 2003
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Resolution No.: 251.2001, the Queensbury Town Board authorized engagement
of the engineering services of Barton & Loguidice, P.c. (Barton) for the provision of engineering, planning
and landscaping architecture services in connection with the proposed Main Street Infrastructure and
Redevelopment Plan, and
WHEREAS, by Resolution No.: 154,2002, the Town Board authorized engagement of Barton for
additional engineering services in connection with the proposed Main Street Infrastructure and
Redevelopment Plan in order to extend the sanitary sewer system outside the Project's boundaries, and
WHEREAS, by Resolution No.: 362,2002, the Town Board authorized engagement of Barton for
additional engineering services and technical support necessary to pursue the goal of placing the Project's
utilities underground, and
WHEREAS, the Town's Executive Director of Community Development has advised that Barton
has completed the scope of work previously authorized by the Town Board and it is necessary to again
engage the services of Barton for the design of the Main Street Connector Road, and
WHEREAS, Barton has offered to provide the requested additional engineering services for an
amount not to exceed $28,000 as delineated in a copy of Barton's October 9th, 2002 proposal presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
Barton & Loguidice, P.c. for the provision of engineering services in connection with the design of the
Main Street Connector Road as delineated in Barton & Loguidice, P.C.'s October 9th, 2002 proposal
presented at this meeting for an amount not to exceed the total of $28,000 as follows:
Design of Roadway:
Design of Waterline:
Evaluation of Sanitary Sewer:
Total:
$26,000.
$ 1,500.
$ 500.
$28,000.
and
BE IT FURTHER,
RESOLVED, that payment for such engineering services shall be from Consultant Services Account No.:
001-1440-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Executive Director of
Community Development, Town Comptroller and/or Town Supervisor to execute any documentation and
take such other and further action necessary to effectuate all terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF MDI ASSOCIATES, LLC TO PROVIDE
APPRAISAL OF PROPERTY DESIGNATED AS SHERMAN ISLAND HYDROELECTRIC PLANT
FOR 2001 TAX YEAR AND UPDATE AND REVISE APPRAISAL FOR 1994-2000 TAX YEARS IN
CONNECTION WITH TAX ASSESSMENT PROCEEDINGS COMMENCED BY NIAGARA
MOHAWK POWER CORPORATION
RESOLUTION NO.: 86.2003
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Niagara Mohawk Power Corporation and its successors have commenced Article 7
Real Property Tax Assessment Proceedings against the Town of Queensbury concerning the Sherman
Island Hydroelectric Plant, and
WHEREAS, the Town was ordered to file a comprehensive appraisal of the property with the
Warren County Supreme Court, and
WHEREAS, by Resolution No.: 424,2000, the Town Board authorized engagement ofMDI
Associates, LLC to perform a comprehensive analysis of the value of the property for the tax years 1994-
2000 and to produce a trial-ready appraisal of the Sherman Island property for those years, and
WHEREAS, since that time, the Court has ordered proceedings for the year 2001 to be
consolidated with those for the years already at issue, and therefore the Town will need a complete value
analysis of the property for the year 2001, and
WHEREAS, MDI Associates, LLC has offered to perform a comprehensive analysis of the value
of the property for the 2001 tax year and modify its appraisal, as required to include value conclusions for
year 2001 with those for years previously authorized, for an amount not to exceed $10,500, not including
out -of-pocket expenses, primarily for travel, subsistence and communications, which will be billed in
addition to the professional fees and which will not exceed the total of $1,500 without prior Town Board
approval, and
WHEREAS, the costs ofMDI Associates, LLC's work will be shared equally by the Town and the
Queensbury Union Free School District, and
WHEREAS, Queensbury Union Free School District counsel recommends that the School Board
approve authorizing MDI Associates, LLC to perform the needed appraisal work on the stated terms, with
the costs to be shared equally by the Town and the School District, and such approval by the School Board
is expected, and
WHEREAS, the Town Assessor has recommended that the Town Board authorize the services of
MDI Associates, LLC for such work,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement ofMDI
Associates, LLC to perform a comprehensive analysis of the value of the Sherman Island Hydroelectric
Plant property for the 2001 tax year and modify its previously authorized appraisal as required to include
value conclusions for the year 2001 with those of the prior years already authorized, for an amount not to
exceed $10,500, plus out-of-pocket expenses, primarily for travel, subsistence and communications, which
will be billed in addition to the professional fees and which will not exceed the total of $1,500 without
further Town Board approval, and which costs shall be divided equally between the Town and the
Queensbury Union Free School District, to be paid for from the Assessor's Department Article 7 Account
No.: 001-1355-4740, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Assessor, Town Counsel
and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of
this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF MAINSTREAM ASSOCIATES TO PROVIDE
APPRAISAL OF PROPERTY DESIGNATED AS SHERMAN ISLAND HYDROELECTRIC PLANT IN
CONNECTION WITH TAX ASSESSMENT PROCEEDINGS COMMENCED BY NIAGARA
MOHAWK POWER CORPORATION
RESOLUTION NO.: 87,2003
INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Niagara Mohawk Power Corporation and its successors have commenced Article 7
Real Property Tax Assessment Proceedings against the Town of Queensbury concerning the Sherman
Island Hydroelectric Plant, and
WHEREAS, by Court Order, the Town must file a comprehensive appraisal of the property with
the Warren County Supreme Court for tax years 1994-2001, and
WHEREAS, the Town previously engaged the services ofMDI Associates, LLC to provide such
appraisal but wishes to obtain an alternative appraisal, and
WHEREAS, Mainstream Associates has offered to provide a limited-scope appraisal of the property for the
1994-2001 tax years for an amount not to exceed $15,000, not including expenses related to preparing for
trial and providing expert witness testimony, if necessary, which services would be billed at the rate of
$225 per hour, and
WHEREAS, the costs of Mainstream Associate's work will be shared equally by the Town and the
Queensbury Union Free School District, and
WHEREAS, Queensbury Union Free School District counsel recommends that the School Board
approve retaining Mainstream Associates to perform the needed appraisal work on the stated terms, with
the costs to be shared equally by the Town and the School District, and such approval by the School Board
is expected, and
WHEREAS, the Town Assessor has recommended that the Town Board engage the services of
Mainstream Associates for such work,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of Mainstream
Associates to furnish a Court-ready, limited-scope appraisal in connection with Article 7 Real Property Tax
Assessment Proceedings commenced by Niagara Mohawk Power Corporation concerning the property
referenced in this Resolution for the 1994-2001 tax years for an amount not to exceed $15,000, plus
expenses related to preparing for trial and providing expert witness testimony, if necessary, which services
would be billed at the rate of $225 per hour, not to exceed an additional amount of $2,500 without further
Town Board approval, which costs shall be divided equally between the Town and the Queensbury Union
Free School District, to be paid for from the Assessor's Department Article 7 Account No.: 001-1355-
4740, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Assessor, Town Counsel
and/or Town Supervisor to take such other and further action as may be necessary to effectuate the terms of
this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY
ASSESSMENT CASES COMMENCED BY GEORGE GOETZ AND JOHN GOETZ D/B/A RAY
SUPPLY
RESOLUTION NO.: 88,2003
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, George Goetz and John Goetz (d/b/a Ray Supply) previously commenced Article 7
Real Property Assessment Review cases against the Town of Queensbury concerning the Ray Supply
property (tax map no.: 296.17-1-35) for the 2000/01,2001/02 and 2002/03 tax years, and
WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and
the Town Board has reviewed the cases with Town Counsel, and
WHEREAS, counsel for the Queensbury Union Free School District has advised that upon Town
Board approval of the proposed settlement, counsel will also recommend School Board approval,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending
Article 7 cases against the Town of Queensbury by George Goetz and John Goetz (d/b/a Ray Supply)
concerning the Ray Supply property (tax map no.: 296.17-1-35) for the 2000/01,2001/02 and 2002/03 tax
years in accordance with the following revised assessment values:
Tax Year:
Current Assessment
Revised Assessment
2000/01
2001/02
2002/03
$452,300
452,300
462,300
$410,000
410,000
410,000
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without
interest to George Goetz and John Goetz (d/b/a Ray Supply) within forty-five (45) days from the date that a
Demand for Refunds is served upon the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to
effectuate the proposed settlement in accordance with the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON REZONING PROPOSED BY TOWN PLANNING
STAFF CONCERNING PROPERTY LOCATED ON BAY ROAD FROM PROFESSIONAL OFFICE
(PO) TO SINGLE F AMIL Y RESIDENTIAL 20,000 (SFR-20)
RESOLUTION NO.: 89,2003
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is considering a request by its Planning Staff to amend
the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No. 's: 296.12-1-1 thru 23 and
296.12-1-25 located on Bay Road, Queensbury from Professional Office (PO) to Single Family Residential
20,000 (SFR-20), and
WHEREAS, on or about December 3rd, 2002, the Queensbury Planning Board adopted a
Resolution recommending that the Town Board approve such rezoning request, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance
and Map, 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 Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, February
24th, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all
interested parties concerning the proposed amendment to its Zoning Ordinance and Map regarding property
bearing Tax Map No. 's: 296.12-1-1 thru 23 and 296.12-1-25 located on Bay Road, Queensbury from
Professional Office (PO) to Single Family Residential 20,000 (SFR-20), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to
provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the
Town's official newspaper and posting the Notice on the Town's bulletin board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community Development
Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the
area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property
owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send
the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County
Planning Board and other communities or agencies that it is necessary to give written notice to in
accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the
State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby refers such rezoning request to the Warren County
Planning Board for its advisory recommendation in accordance with General Municipal Law ~239-m and
directs the Community Development Department to take all actions necessary to effect such referral, and
BE IT FURTHER,
RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning
after the public hearing at its February 24th, 2003 meeting.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES
None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON REZONING PROPOSED BY TOWN PLANNING
STAFF CONCERNING PROPERTY LOCATED ON THE BOULEVARD FROM MIXED USE (MU)
TO LIGHT INDUSTRIAL (LI)
RESOLUTION NO.: 90,2003
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is considering a request by its Planning Staff to amend
the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.'s: 303.20-2-14, 15, 17, 18,
19 and 304.17-1-29 located on The Boulevard, Queensbury from Mixed Use (MU) to Light Industrial (LI),
and
WHEREAS, on or about December 3rd, 2002, the Queensbury Planning Board adopted a
Resolution recommending that the Town Board approve such rezoning request, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance
and Map, 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 Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, February
24th, 2003 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all
interested parties concerning the proposed amendment to its Zoning Ordinance and Map regarding property
bearing Tax Map No.'s: 303.20-2-14,15,17,18,19 and 304.17-1-29 located on The Boulevard,
Queensbury from Mixed Use (MU) to Light Industrial (LI), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to
provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the
Town's official newspaper and posting the Notice on the Town's bulletin board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community Development
Department to provide the Town Clerk's Office with a list of all property owners located within 500' of the
area to be rezoned so that the Town Clerk's Office may send the Notice of Public Hearing to those property
owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send
the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County
Planning Board and other communities or agencies that it is necessary to give written notice to in
accordance with New York State Town Law ~265, the Town's Zoning Regulations and the Laws of the
State of New York, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby refers such rezoning request to the Warren County
Planning Board for its advisory recommendation in accordance with General Municipal Law ~239-m and
directs the Community Development Department to take all actions necessary to effect such referral, and
BE IT FURTHER,
RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed rezoning
after the public hearing at its February 24th, 2003 meeting.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES
None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF ROBERT WINCHIP, SR., TO WORK FOR
DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO.
: 91. 2003
INTRODUCED BY
Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Theodore Turner
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Robert Winchip, Sr., to work part-time for the Department as a Recreation Specialist, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town
Board must approve the appointment of Town employees' relatives and Robert Winchip, Sr., is the father of
Robert Winchip, Jr. and Jennifer Winchip, part-time Town Recreation Department employees,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert
Winchip, Sr., to work for the Town's Department of Parks and Recreation as a part-time Recreation
Specialist effective January lIth, 2003 at the rate of pay of $9.50 per hour, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Parks and
Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF ROBERT WINCHIP, JR., TO WORK FOR
DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO.
: 92. 2003
INTRODUCED BY
Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr. Theodore Turner
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Robert Winchip, Jr., to work part-time for the Department as a Recreation Leader, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town
Board must approve the appointment of Town employees' relatives and Robert Winchip, Jr., is the daughter
of Robert Winchip, Sr., a part-time Town Recreation Department employee,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert
Winchip, Jr., to work for the Town's Department of Parks and Recreation as a part-time Recreation Leader
effective January 11th, 2003 at the rate of pay of$5.l5 per hour, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Parks and
Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES None
ABSENT: None
Discussion held: Councilman Boor-Will they be working directly under their father? This is something
that we could discontinue if it did not work out I just think this is something that we do not want to
encourage though. Town Counsel noted he would speak to the Recreation Director about it.
RESOLUTION AUTHORIZING HIRING OF JENNIFER WINCHIP TO WORK FOR DEPARTMENT
OF PARKS AND RECREATION
RESOLUTION NO.
: 93.2003
INTRODUCED BY
Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Department of Parks and Recreation has requested Town Board authorization to
hire Jennifer Winchip to work part-time for the Department as a Recreation Leader, and
WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town
Board must approve the appointment of Town employees' relatives and Jennifer Winchip is the daughter of
Robert Winchip, Sr., a part-time Town Recreation Department employee,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Jennifer Winchip to work for the Town's Department of Parks and Recreation as a part-time Recreation
Leader effective January 11th, 2003 at the rate of pay of $5.15 per hour, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Director of Parks and
Recreation, Town Supervisor and/or Town Comptroller to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT,
INC. TO PROVIDE ASSISTANCE WITH APPLICATION FOR FUNDS - NEW YORK ST ATE SMALL
CITIES PROGRAM
RESOLUTION NO.:
94,2003
INTRODUCED BY:
Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY:
Mr. Daniel Stec
WHEREAS, the Town of Queensbury wishes to apply for Community Development Block Grant (CDBG)
funds through the New York State Administered Small Cities Program for the purposes of expanding its
Ward 4 Housing Improvement Program, and
WHEREAS, the Town's Department of Community Development (Department) has informed the Town
Board that it will need assistance to complete the funding application, and
WHEREAS, the Department prepared a Request for Proposals (RFP) in accordance with per Resolution
128,2000, and
WHEREAS, the Procurement Standards of the New York State Small Cities Program allows
consultants already under contract to provide work within the scope of the original RFP if within a three (3)
year period, and
WHEREAS, the Executive Director of the Department has recommended that the Town engage the
services of Shelter Planning &Development, Inc., for the estimated amount of $6,000 as delineated in its
January 20th, 2003 proposal presented at this meeting, to be paid from the appropriate account,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter
Planning & Development, Inc., to provide community development strategy and grant application
assistance for an amount not to exceed $6,000 as delineated in its January 20th, 2003 proposal presented at
this meeting, and
BE IT FURTHER,
RESOLVED, that the payment of $6,000 shall be paid from Planning Misc. Contractual Account No.: 001-
8020-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any
documentation and agreements in form approved by Town Counsel and the Town Supervisor and
Community Development Department to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES
Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES
None
ABSENT
None
RESOLUTION AUTHORIZING ENGAGEMENT OF BRIGHT IDEAS TO WRITE THREE ISSUES OF
TOWN NEWSLETTER
RESOLUTION NO.: 95.2003
INTRODUCED BY:
Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY:
Mr. Theodore Turner
WHEREAS, the Queensbury Town Board has solicited and received quotations for both the
writing and the printing of three (3) issues of the Queensbury Town Report for 2003, and
WHEREAS, Bright Ideas has offered to write the three (3) Reports for an amount not to exceed
$1,200 for each of two, 4-page newsletters and not to exceed $2,100 for one, 8-page newsletter, for a total
amount not to exceed $4,500, as delineated in its December 19th, 2002 proposal presented at this meeting,
and
WHEREAS, the Town's acting Purchasing Agent has recommended engagement of Bright Ideas
for such services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Bright Ideas to
write up to three (3) Town newsletters during 2003 for an amount not to exceed $1,200 for each of two, 4-
page newsletters and not to exceed $2,100 for one, 8-page newsletter, for a total amount not to exceed
$4,500, as delineated in its December 19th, 2002 proposal presented at this meeting, to be paid from
Publicity Account No.: 01-6410-4532, and
BE IT FURTHER,
RESOLVED, that the Town Board can cancel the contract with Bright Ideas at any time as long as
such cancellation occurs prior to the Town's direction is given to proceed with any specific newsletter, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any
documentation, including an agreement in form acceptable to Town Counsel, and take any action necessary
to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec
NOES
Mr. Brewer
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF GLENS FALLS FORMS & LABELS TO PRINT
THREE ISSUES OF TOWN NEWSLETTER
RESOLUTION NO.:
96.2003
INTRODUCED BY:
Mr. Roger Boor WHO MOVED ITS ADOPTION
SECONDED BY:
Mr. Theodore Turner
WHEREAS, the Queensbury Town Board has solicited and received quotations for both the
writing and the printing of three (3) issues of the Queensbury Town Report for 2003, and
WHEREAS, Glens Falls Forms & Labels has offered to print the three (3) Reports for an amount
not to exceed $930.02 for each of two, 4-page newsletters and not to exceed $1,548.04 for one, 8-page
newsletter, for a total amount not to exceed $3,408.08, as delineated in its December 23rd, 2002 quotations
presented at this meeting, and
WHEREAS, the Town's acting Purchasing Agent has recommended engagement of Glens Falls
Forms & Labels for such services,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Glens Falls
Forms & Labels to print up to three (3) Town newsletters during 2003 for an amount not to exceed $930.02
for each of two, 4-page newsletters and not to exceed $1,548.04 for one, 8-page newsletter, for a total
amount not to exceed $3,408.08, as delineated in its December 23rd, 2002 quotations presented at this
meeting, to be paid from Publicity Account No.: 01-6410-4532, and
BE IT FURTHER,
RESOLVED, that the Town Board can cancel the contract with Glens Falls Forms & Labels at any
time as long as such cancellation occurs prior to the Town's direction is given to proceed with any specific
newsletter, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any
documentation, including an agreement in form acceptable to Town Counsel, and take any action necessary
to effectuate the terms of this Resolution.
Duly adopted this 27th day of January, 2003, by the following vote:
AYES
Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES
None
ABSENT: None
RESOLUTION TO AMEND 2002 BUDGET
RESOLUTION NO.: 097.2003
INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the attached Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Comptroller,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Comptroller's Office to take all action necessary to transfer funds and amend the 2002 Town Budget as
follows: HIGHWAY:
FROM:
TO:
$ AMOUNT:
04-5110-4441
(Drainage Cont.)
04-5142-4641
(Snow & Ice Melting Agents)
4,000.
04-5110-4478
(Sidewalk Construction)
04-5142-4641
(Snow & Ice Melting Agents)
4,500.
PURCHASING:
FROM:
TO:
$ AMOUNT:
01-1345-1150
(Purchasing Agent)
01-1345-4010
400.
SOLID WASTE:
FROM: TO:
$ AMOUNT:
910-9030-8030 910-9040-8040
(Workers Comp.)
1,000. (SS & Medicare)
910-9010-8010 910-9040-8040
(Workers Comp.)
2,500. (ERS)
910-9950-9050 910-8160-4447
(Burn Trash Disp.)
5,000 (Trans. To Equip.)
910-9060-8060 910-8160-4447
(Burnable Trash Disp.)
4,100 (Health Ins. Prem.)
910-8160-1450 910-8160-4447
(Burnable Trash Disp.)
2,400 (MEO)
Duly adopted this 27th day of January, 2003, by the following vote:
AYES Mr. Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor
NOES None
ABSENT: None
7.0 ACTION OF RESOLUTIONS PREVIOUSLY INTRODUCED FROM THE FLOOR
RESOLUTION AUTHORIZING PURCHASE OF TITLE INSURANCE FOR HOLE IN THE WOODS
AVIATION ROAD PROPERTY
RESOLUTION NO. 98.2003
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Town Board hereby authorizes the purchase of title insurance for the
purchase of the Hole in the Woods Property on Aviation Road at statutory minimum rates and be it further
RESOLVED, that Town Counsel will take all actions necessary to make that happen.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES: Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES: None
ABSENT: None Discussion held before vote: Councilman Boor-Questioned if this was one property now
or is it still the three properties? Town Counsel Hafner-It is going to be one deed with three parcels going
into Hole in the Woods it is still three parcels the title will include all three. One of them has some
restrictions on it, the restrictions will be the same restrictions that the Town has known about
since...Councilman Boor-Those restrictions are going to be to a certain geographic area of this now one
parcel correct? Town Counsel Hafner-Exactly. I think there are three tax map parcels and there will
continue to be three parcels unless the Town decides to merge them. We would recommend that you keep
that one separate from the others because it is the only one to have those particular restrictions.
7.0 TOWN BOARD DISCUSSIONS
Councilman Boor-None
Councilman Turner-Noted he had received a call regarding a situation on the Boulevard, it has been
researched and it has been resolved.
Councilman Stec-Questioned Councilman Turner regarding a street lamp?
Councilman Turner-That has already been done.
Councilman Stec-Executive Director Round and I had a meeting on Thursday morning with Mike Travis on
Bike Paths in Queensbury on the west end of town the Highway Dept. feels that they can accommodate this
in the schedule...looking at Upper Sherman and Potter and Dixon they believe are wide enough to go ahead
and sign as a Bike Path...Upper Sherman may have to have some poles moved that may slow the
process...This will be a good starting point ...
Councilman Brewer-Questioned if we got the check for the Feeder Dam Park?
Comptroller Hess-Yes
9.0ATTORNEY MATTERS
10.0 EXECUTIVE SESSION
RESOLUTION CALLING FOR AN EXECUTIVE SESSION
RESOLUTION NO. 99.2003
INTRODUCED BY: Mr. Daniel Stec WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into an Executive Session to
discuss a litigation matter.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
RESOLUTION ADJOURNING EXECUTIVE SESSION AND REGULAR SESSION
RESOLUTION NO. 100.2003
INTRODUCED BY: Mr. Turner WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Executive Session and
be it further
RESOLVED, that the Regular Session of the Queensbury Town Board is hereby adjourned.
Duly adopted this 27th day of January, 2003 by the following vote:
AYES: Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES: None
ABSENT: None
Respectfully submitted,
Miss Darleen M. Dougher Town Clerk-Queensbury