2008-07-28 SP MTG#32
SPECIAL TOWN BOARD MEETING 07-28-2008 MTG#32 923
SPECIAL TOWN BOARD MEETING MTG#32
JULY 28, 2008 RES# 364-365
7:00 P.M. RD# 803-804
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
BUDGET OFFICER, BARBARA TIERNEY
WATER SUPERINTENDENT, BRUCE OSTRANDER
WATER DEPARTMENT, ENGINEER CHRIS HARRINGTON
PRESS
POST STAR
SUPERVISOR STEC-Opened meeting.
RESOLUTION ACCEPTING DEDICATION OF CROSS COURT AND
RICHMOND HILL DRIVE IN BARRINGER HEIGHTS SUBDIVISION
RESOLUTION NO. 364, 2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Tra-Tom Development, Inc., has offered a deed to the Town of
Queensbury to dedicate Cross Court and Richmond Hill Drive in the Barringer Heights
Subdivision to the Town of Queensbury as more particularly described in a survey map
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,
prepared by VanDusen & Steves Land Surveyors, LLC dated November 14, 2007and
WHEREAS, the Town Highway Superintendent has inspected the road and
recommended its acceptance contingent upon the developer completing the top coat of the
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black-top within two years of the date of acceptance or by July 28, 2010, and if applicable,
all drainage easements being in place, and
WHEREAS, Tra-Tom Development, Inc., has provided the Town with a $125,000
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cash escrow to ensure placement of the top coat on the roads by July 28, 2010 consistent
with the Town Highway Superintendent’s requirements, along with an additional $25,000
cash escrow for the Town to hold for five (5) years so that the Town Highway
Superintendent may use such funds toward drainage costs that may arise in the
development, and
SPECIAL TOWN BOARD MEETING 07-28-2008 MTG#32 924
WHEREAS, the Town Water Superintendent has confirmed that installation of
water mains and appurtenances has been made in accordance with Town Water Department
standards, and
WHEREAS, the Town Zoning Administrator/Code Compliance Officer and
Director of Building and Codes Enforcement have confirmed that they have inspected
Richmond Hill Drive and it was found to be in compliance with the requirements of their
offices except that the permanent survey monuments have not yet been installed,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the
dedication of Cross Court and Richmond Hill Drive in the Barringer Heights Subdivision,
contingent upon:
1.The Town’s receipt of deeds, related forms and signed Escrow Agreement in form
acceptable to Town Counsel;
2.The Developer providing title insurance insuring the Town satisfactory to Town
Counsel,
3.Confirmation by the Town Wastewater Director that there are no sewer department
requirements for this development;
4.The Town’s receipt of a subdivision map showing the roads and drainage easement
(including metes and bounds);
5.Receipt by the Town Budget Officer of the required escrow amounts in the form of a
bank check;
6.Installation of the permanent survey monuments; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to
execute, sign and affix the Town seal to any and all documents necessary to complete the
transaction including an Escrow Agreement in form acceptable to Town Counsel and the
Town Budget Officer, and
BE IT FURTHER,
ONLY AFTER WRITTEN CONFIRMATION BY TOWN
RESOLVED, that,
COUNSEL THAT THE FIRST FIVE (5) CONTINGENCIES SET FORTH ABOVE
HAVE BEEN SATISFACTORILY MET,
the Town Board further authorizes and directs
Tra-Tom Development, Inc., to record the deed in the Warren County Clerk's Office, after
SPECIAL TOWN BOARD MEETING 07-28-2008 MTG#32 925
which time the deed shall be properly filed and maintained in the Queensbury Town Clerk’s
Office and only then shall building permits be issued, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
add the roads to the official inventory of Town Highways as follows:
Name: Cross Court Road Number: 803
Description: Beginning at West Berry Way and continuing in a westerly direction
a distance of 511’ and .10± hundredths of a mile and ending at Richmond Hill Drive.
Feet: 511’ and .10± of a mile .
Name: Richmond Hill Drive Road Number: 804
Description: Beginning at Sherman Avenue and continuing in a southerly
direction a distance of 3358’ and .64± hundredths of a mile and ending at a cul-de-
sac.
Feet: 3358’ and .64± of a mile .
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Duly adopted this 28 day of July, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN BREWER-Questioned if they can say they want the money before any
building permits are given?
TOWN COUNSEL HAFNER-This is perfectly fine, recommended that the following
amendment be added to the resolution and only then shall buildings permits be issued.
DISCUSSION MAIN STREET BONDING RESOLUTION – TOWN COUNSEL
HAFNER, BUDGET OFFICER BARBARA TIERNEY
Discussion held regarding Main Street Bonding. Supervisor Stec stated Budget Officer, Ms.
Tierney has a very conservative worse case scenario estimate for the total amount to be
bonded. This would assume if we lose that case and we have to pay all the cost of
undergrounding utilities and our share of Main Street waiting for the Judges decision.
Budget Officer, Tierney 1.8 million is estimated for sewer the general fund this includes the
National Grid betterment, Verizon, betterment, Time Warner betterment, easement
acquisition, utilities services, underground cost and the contingency for a total of 4.6
million. The bond resolution recommended by B & L should be for four million seven for
the general fund. Town Counsel Hafner there will be three resolutions one resolution for
one million for the condemnation the cost of buying the easements. There will be a
resolution for three point seven for the betterment portion everything else related to the
project. There will be one resolution for one point eight million for the sewer. Spoke with
Wastewater Director, Mike Shaw today he was going to talk to B & L in hopes of getting
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the revised Map, Plan, and Report by August 11 so it could be on for the meeting of
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August 18. The other two resolutions we are looking to have them for the meeting of
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August 4, 2008.
SPECIAL TOWN BOARD MEETING 07-28-2008 MTG#32 926
DISCUSSION – DRAFT INTER-MUNICIPAL AGREEMENT WITH KINGSBURY
REGARDING SALE OF WATER
Discussion held regarding Inter-Municipal Agreement with Kingsbury regarding sale of
water. Town Counsel Hafner stated the Town has water agreements with Moreau, Hudson
Falls, and Kingsbury. The Kingsbury contract runs out shortly it is for a limited amount of
water. They have two issues that need to be addressed. They have a new development that is
going to be taking place that will need a significant amount of additional water. They also
have an Industrial Park that is in the Town of Kingsbury that the Town of Queensbury has
been trying to arrange for them to take responsibility for, for sometime. They have formed a
district we were told of this two months ago it was formed shortly before that noting this is not
covered under our current contract. The Water Department would like the contract to be fairly
standardized. Councilman Montesi questioned, who will fix the water mains, is it part of our
responsibility or will they contract with us. Water Superintendent, Ostrander said this has not
been discussed assuming that the Town of Kingsbury will take care of their own water
distribution system. Town Counsel, Hafner noted they would like to set up a meeting with the
board to discuss this. Supervisor Stec- shooting for a resolution for late August.
DISCUSSION – MMA CONTRACT
Town Counsel Hafner spoke regarding the fire study and working with MMA to finalize a
contract. Referred to an e-mail regarding scope of services and that he needs a copy of that
email so that it can be attached as a Schedule A. He will work with Councilman Brewer and
Councilman Metivier on collecting information that is needed to go forward with this for
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August 18.
DISCUSSION- PHONE SYSTEM REPLACEMENT- CORNERSTONE
Representatives from Cornerstone spoke to the Board regarding the replacement and
upgrades to the town’s current outdated telephone system. Ryan Lashway of the Town’s
IT Department explained that he received quotes from four different vendors and
Cornerstone had the best package. The representatives explained the proposed software
and services. After further discussion it was the decision of the Board to have a resolution
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on the agenda for next Monday, August 4 to set a public hearing for August 18 to
purchase the system.
DISCUSSION- DRAFT EMS HARDSHIP POLICY AND RATE INCREASE
SUPERVISOR STEC- Introduced Peter Berry of Emergency Management Resources.
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Mr. Berry took over the billing responsibility contract for EMS on July 1.
PETER BERRY- Spoke to the board regarding EMS policies and rate increases. He
explained that the Town is in a unique situation as far as EMS and billing. The
ambulance services within the Town are responsible for EMS & billing, but under
contractual obligations with them the Town has taken on the responsibility to
administrate it. As part of that administrative responsibility the Town needs to make sure
that all the providers are compliant with all the rules under CMS or Medicare/Medicaid
services. He explained that one recommendation of the Federal Registry and the
Compliance Plan is to have a hardship policy. What the hardship policy does is it allows
you to deal with indigent population or persons who are unable to pay their copayments
for their ambulance bills in general.
COUNCILMAN BREWER- Noted his concerned for those who do not have insurance,
cannot pay their bill but feel obligated to do so.
MR. BERRY- Explained how they determine who falls under the hardship category and
the procedures they follow in assisting anyone in that situation.
SUPERVISOR STEC- Stated that they will be working on a resolution for Monday,
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August 4 looking to adopt the policy and the new rates.
SPECIAL TOWN BOARD MEETING 07-28-2008 MTG#32 927
OTHER DISCUSSIONS HELD
COUNCILMAN STROUGH-
?
Spoke regarding emails he has sent to board concerning getting the Franklin’s on
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the agenda for the upcoming workshop on August 11.
?
Spoke regarding Rush Pond; he wants to set up a time when the Town Board,
Warren County Soil and Water, Boces and LaBerge can get together to discuss
moving forward with this project.
COUNCILMAN MONTESI-
?
He will be attending the Recreation Commission Meeting next Tuesday to talk
about a proposed walkway in Highland Park.
DOUG MILLER, OWNER- ADIRONDACK SPORTS COMPLEX-
?
Spoke to the board regarding an email he sent providing additional detail/
clarification regarding question number 5.B.5 of the application for Designation
as a Convention, Sports or Exhibits Center; “Maximum building occupancy
rating per Town of Queensbury Fire Marshal’s Office.”
SUPERVISOR STEC- Noted that the public hearing is set for next Monday at 7pm.
RESOLUTION ADJOURNING SPECIAL TOWN BOARD MEETING
RESOLUTION NO.: 365, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED: Mr. Ronald Montesi
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its
Special Town Board Meeting.
Duly adopted this 28th day of July, 2008, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Metivier, Mr. Montesi, Mr. Stec
NOES: None
ABSENT: None
Respectfully,
Darleen Dougher
Town Clerk/Town of Queensbury