2009-05-18 MTG# 21REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21
REGULAR TOWN BOARD MEETING
May 18th, 2009
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
WATER SUPERINTENDENT, BRUCE OSTRANDER
PRESS
POST STAR TV 8
MTG#21
RES# 174-189
RD #805
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC
PRIVILEGE OF THE FLOOR
CHRIS NAVITSKY, WATER KEEPER AND DAWN KEPPLER, PROGRAM
DIRECTOR OF STREAM ASSESSMENT PROJECT-Presentation made regarding The
2008 Stream Assessment presented report to board members.
PAUL H. NAYLOR, DIVISION ROAD-Spoke to the board regarding Warren County
and the positions being cut asked that they be careful when it comes to the highways.
LEN FOSBROOK, PRESIDENT OF THE ECONOMIC DEVELOPMENT
CORPORATION-Spoke to the board regarding the two resolutions that they have on the
agenda. One is the Acceptance and Dedication of Stone Quarry Road thank the
following Department Heads who gave them a tremendous amount of help and guidance
in this project Highway Superintendent, Mike Travis, Wastewater Director, Mike Shaw,
Water Superintendent, Bruce Ostrander, Director of Building & Codes, Dave Hatin,
Senior Planner, Stu Baker, and Attorney Bob Hafner. When this is accepted this will be
the first fully infrastructure shovel ready certified Industrial Park in Warren County.
SUPERVISOR STEC-Asked how many lots will be for sale?
MR. FOSBROOK-Eight lots for sale it is also the home of the new eleven million dollar
National Guard Readiness Center.
SUPERVISOR STEC-Eight lots ready for sale with water, sewer, power, gas.
MR. FOSBROOK-And High Speed Internet access.
COUNCILMAN BREWER-And the Airport.
MR. FOSBROOK-Spoke regarding the approval for their contract expressed his
appreciation for reviewing it. It is that type of support which allows us to do the work
like the shovel ready sites that we are trying to create.
COUNCILMAN MONTESI-Questioned when they will be moving in?
MR. FOSBROOK-By mid-summer they will be fully into the Armory.
MARGARET RISHEL-Updated the board regarding the Cancer Prevention Study 3.
This CPS 3, to take place May 29, 2009 at the Queensbury High School in conjunction
with the Relay for Life, you do not have to do the relay to come to the CPS 3 Study.
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 2
Parking will be set aside for the people that come to enroll. Let the people who will help
with the parking know that you are here for the Cancer Prevention Study they will send
you behind the old Maintenance Garage it will take thirty minutes to enroll it will take
place 6:00 p.m. to 10:00 p.m.
COUNCILMAN STROUGH-Asked if there will be signage out there?
MS. RISHEL-Yes, we will have a big tent marked different from the Relay for Life it
will say CPS 3. There is no cost to this it is just your time commitment it takes place rain
or shine. If anyone has any questions that have not been addressed they may call the
American Cancer Society Office 792-5377. It is for men and women between the ages of
30 and 65 with no history of cancer except they don't consider basil and squamous cell
skin cancer, cancer. You can still participate if you have had those two forms of cancer
that is the only one. You must be willing to make the long term commitment to answer
American Cancer Society Survey every two years for approximately twenty to thirty
years you do not need an appointment. Thanked the board for letting her speak hopes
that they meet their numbers.
SUPERVISOR STEC-Do you have to be a Queensbury resident?
MS. RISHEL-Anybody in the area if someone is visiting from another state and they
would like to do it that would be fine.
RESOLUTIONS
RESOLUTION ADDING FAIRFIELD DRIVE TO LIST OF TOWN
PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION N0.:174, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list
of names for private driveways and roads in the Town in connection with the 911 addressing
system, and
WHEREAS, the Town Board wishes to add "Fairfield Drive," a private roadway
located within the Fairfield Professional Office Park Subdivision to provide access to lots 1
-12 off of Baybridge Drive, to the Town's list of private driveways and road names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds "Fairfield Drive" to the
Town of Queensbury's list of private driveways and roads, and
BE IT FURTHER,
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3
RESOLVED, that the Town Board further authorizes and directs the Town Highway
Department to arrange for installation of the necessary poles and street signs identifying
"Fairfield Drive," and
BE IT FURTHER,
RESOLVED, that any expenses associated with this Resolution shall be paid for
from the appropriate account.
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT:None
RESOLUTION AUTHORIZING AWARD OF BID FOR
OIL AND WATER SEPARATOR SERVICING
HIGHWAY DEPARTMENT GARAGE FLOOR DRAINS
RESOLUTION NO.: 175, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, in accordance with Resolution No.: 121,2009, the Town of
Queensbury's Purchasing Agent duly advertised for bids for installation of an oil and
water separator servicing the Town Highway Department garage floor drains as more
clearly specified in bid specifications prepared by the Town's Facilities Manager, Town
Engineer and/or Town Purchasing Agent, and
WHEREAS, on May 7th, 2009, the Purchasing Agent duly received and opened
all bids, and
WHEREAS, Vision Engineering, the Purchasing Agent and Town Facilities
Manager have recommended that the Town Board award the bid to the lowest responsible
bidder, Moy Enterprises, Inc., for an amount not to exceed $94,022.50,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid
for installation of an oil and water separator servicing the Town Highway Department
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garage floor drains from Moy Enterprises, Inc., for an amount not to exceed $94,022.50,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute any needed documentation, including an Agreement between the
Town and Moy Enterprises, Inc., in form acceptable to the Town Supervisor, Vision
Engineering, Town Budget Officer, Facilities Manager and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs an Interfund
transfer of $94,023.00 from Highway Garage Reserve Fund #62 to the General Fund 001
to provide payment for this Project and establishes initial appropriations in Account No.:
O1-1620-2899 and estimated revenues in the same amount in the appropriate General
Fund Revenue account as determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Budget Officer to amend the 2009 Town Budget, make any adjustments, budget
amendments, transfers or prepare any documentation necessary to establish such
appropriations and estimated revenues and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Purchasing Agent, Town Budget Officer, Town Facilities Manager and/or
Town Counsel to take any and all action necessary to effectuate the terms of this
Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in
accordance with the provisions of Town Law Article 7 and the Town Board hereby
authorizes and directs the Town Clerk to publish and post such notices and take such other
actions as may be required by law.
Duly adopted this 18th day of May, 2009, by the following vote:
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21
AYES Mr. Montesi, MR. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES :None
ABSENT: None
RESOLUTION TO AMEND 2009 BUDGET
RESOLUTION NO.: 176, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
5
WHEREAS, the following Budget Amendment Requests have been duly initiated
and justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town's Accounting Office to take all action necessary to amend the 2009 Town Budget
as follows
From To
Code Appropriation Code
001-1990-4400 Contingency 001-1410-4420
001-1990-4400 Contingency 001-1620-4070-0027
001-7020-1010 Recreation Admin Wages 001-7020-4120
034-0000-0599 Appropriated Fund Balance 034-8110-4130
036-0000-0599 Appropriated Fund Balance 036-8110-4130
Duly adopted this 18th day of May, 2009, by the following vote:
Appropriation
Codeification
Building Maint./Repair
Rec Printing
Twn Counsel Retainer
Twn Counsel Retainer
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING REVISIONS TO TOWN OF
QUEENSBURY SICK LEAVE BANK POLICY
RESOLUTION NO.: 177, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
12,000
8,110
5,000
1,000
5,000
SECONDED BY: Mr. John Strough
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WHEREAS, by Resolution No.: 430,1999, the Queensbury Town Board authorized
implementation of a temporary, voluntary sick leave bank to be made available for a certain
ill employee, which bank accepted voluntary, one-time contributions of unused sick leave
from Department Managers and non-union employees from which the employee could draw
on after exhausting his own leave for the purpose of a medical emergency, and
WHEREAS, by Resolution No.: 51.2001, the Town Board authorized
implementation of a Sick Leave Bank Policy for full-time, non-union employees, and
WHEREAS, by Resolution No.: 300,2004, the Town Board authorized
implementation of a revised Sick Leave Bank Policy, and
WHEREAS, the current Sick Leave Bank Policy provides for the establishment of a
Sick Leave Bank Committee and such Committee was created, and
WHEREAS, the Sick Leave Bank Committee and Town Budget Officer met to
review the Town's current Sick Leave Policy and has recommended certain changes, and
WHEREAS, the revised proposed Sick Leave Bank Policy has been presented to the
Town Board and the Town Board wishes to authorize such revised Policy,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts, authorizes and
directs implementation of the revised Sick Leave Bank Policy as presented at this meeting
for full-time, non-union Town employees, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to distribute copies of the revised Sick Leave Bank
Policy to all eligible employees, sign any documentation and take such other and further
action as may be necessary to implement the revised Sick Leave Bank Policy and effectuate
the terms of this Resolution.
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT : None
RESOLUTION APPOINTING GARY CROSSMAN AS
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AQUATICS SUPERVISOR
RESOLUTION NO. 178, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, there is currently a vacancy in the full-time position of Aquatics
Supervisor in the Town of Queensbury's Parks and Recreation Department, and
WHEREAS, the Recreation Commission and Director posted availability for the
position in accordance with the Warren County Civil Service Department, reviewed resumes
and interviewed interested candidates, and
WHEREAS, the Recreation Commission Personnel Committee and Director have
made a hiring recommendation to the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby endorses the appointment of
Gary Grossman as Aquatics Supervisor, an overtime exempt and Grade 5 position within the
Town of Queensbury's Non-Union Position Grade Schedule, effective on or about May 19tH
2009 or the date thereafter that he commences in such position, on a provisional basis
subject to his successful completion of: 1) apre-employment physical required by Town
Policy; 2) a six (6) month probation period; 3) a Warren County Civil Service Exam, if
applicable; and 4) any other Civil Service requirements, and also subject to the Town
successfully completing background checks as reasonably may be necessary to judge
fitness for the duties for which hired, and
BE IT FURTHER,
RESOLVED, that Mr. Grossman shall be paid an annual salary of $34,575, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town
Supervisor, Director of Parks and Recreation and/or Town Budget Officer to complete any
forms and take any action necessary to effectuate the terms of this Resolution.
Duly adopted this 18th day of May, 2009 by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 8
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT
CORPORATION -WARREN COUNTY
RESOLUTION NO. 179, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town and the Economic Development Corporation -Warren
County (EDC) recognize the need to revitalize the local economy by increasing the
number of jobs for Town residents by attracting high technology and other industries to
the area, and
WHEREAS, in accordance with the Not-for-Profit Corporation Law § 1411(a) and
EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively
charitable or public purposes of relieving and reducing unemployment, promoting and
providing for additional and maximum employment, bettering and maintaining job
opportunities, instructing or training individuals to improve or develop their capabilities
for such jobs, carrying on scientific research for the purpose of aiding a community or
geographical area by attracting new industry to the community or area or by encouraging
the development of, or retention of, an industry in the community or area, and lessening
the burdens of government and acting in the public interest, and
WHEREAS, the Not-for-Profit Corporation Law specifically finds that
corporations organized under § 1411 perform an essential governmental function, and
WHEREAS, the Town Board strongly supports EDC's important mission to
improve employment opportunities and economic development in the Town, and
WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed
agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Agreement with the Economic Development Corporation -Warren County presented at this
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meeting with funding in the amount of $100,000 to be paid for from the appropriate account,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer
to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 18th day of May, 2009 by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
ARTICLE 7 REAL PROPERTY ASSESSMENT CASES
COMMENCED BY FRANK J. PARILLO
RESOLUTION NO.: 180, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, Frank J. Parillo (Petitioner) previously commenced Article 7 Real
Property Assessment Review cases against the Town for tax years 2007/08 and 2008/09
concerning assessments on four (4) parcels of commercial property located on Corinth
and/or Big Bay Roads, Queensbury (Tax Map Nos.: 309.13-2-2; 309.13-2-3; 309.13-2-4;
309.13-2-9;), 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, the Queensbury Union Free School District has approved the
proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of
the pending Article 7 proceedings filed by Frank J. Parillo and identified above, as follows:
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10
2008
Tax Map # Current AV Proposed AV Reduction Spec Dist Refund
309.13-2-2 496,000 301,800 194,200 511.72
309.13-2-3 93,500 98,400 NO N/A
309.13-2-4 187,000 72,400 114,600 301.97
309.13-2-9 127,400 77,000 50,400 132.80
2009
Current AV Proposed AV Reduction Spec Dist Refund
309.13-2-2 496,000 301,800 194,200 516.38
309.13-2-3 93,500 98,400 NO N/A
309.13-2-4 187,000 72,400 114,600 304.72
309.13-2-9 127,400 77,000 50,400 134.01
and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs that any payment of any
and all refunds shall be refunded, with interest if ordered by the Court, within sixty (60)
days after service upon the taxing authorities of the Order approving settlement with
Notice of Entry, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Budget Officer 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 18th day of May, 2009, by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING SETTLEMENT OF
PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT
CASES COMMENCED BY JOHN NIGRO/
UPPER GLEN STREET ASSOCIATES, LLC
RESOLUTION NO.: 181, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 11
SECONDED BY: Mr. Ronald Montesi
WHEREAS, John Nigro/LJpper Glen Street Associates, LLC previously
commenced Article 7 Real Property Assessment Review cases against the Town for tax
years 2005/06, 2006/07, 2007/08 and 2008/09 concerning assessments on five (5) parcels
of commercial property located on Upper Glen Street, Queensbury (Tax Map Nos.:
302.6-1-22; 302.6-1-23; 302.6-1-24; 302.6-1-25; 302.6-1-26), 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, the Queensbury Union Free School District has approved the
proposed settlement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of
the pending Article 7 proceedings filed by John Nigro/LJpper Glen Street Associates, LLC
and identified above as follows:
2006
Tax Map # Current AV Proposed AV Reduction Spec Dist Refund
302.6-1-22 650,000 570,000 80,000 176.88
302.6-1-23 39,000 25,400 13,600 30.07
302.6-1-24 415,000 415,000 0 0.00
302.6-1-25 4,130,000 3,849,600 280,400 619.96
302.6-1-26 579,000 540,000 39,000 86.23
Totals $5,400,000 413,000 913.14
2007
Tax Map # Current AV Proposed AV Reduction Spec Dist Refund
302.6-1-22 650,000 570,000 80,000 187.36
302.6-1-23 39,000 25,400 13,600 31.85
302.6-1-24 415,000 415,000 0 0.00
302.6-1-25 4,130,000 3,849,600 280,400 656.70
302.6-1-26 579,000 540,000 39,000 91.34
Totals $5,400,000 413,000 967.25
2008
Tax Map # Current AV Proposed AV Reduction Spec Dist Refund
302.6-1-22 650,000 570,000 80,000 205.68
302.6-1-23 39,000 25,400 13,600 34.97
302.6-1-24 415,000 415,000 0 0.00
302.6-1-25 4,130,000 3,849,600 280,400 720.91
302.6-1-26 579,000 540,000 39,000 100.27
Totals $5,400,000 413,000 1,061.82
2009
Spec Dist Refund
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302.6-1-22 650,000 570,000 80,000 207.84
302.6-1-23 39,000 25,400 13,600 35.33
302.6-1-24 415,000 415,000 0 0.00
302.6-1-25 4,130,000 3,849,600 280,400 728.48
302.6-1-26 579,000 540,000 39,000 101.32
Totals $5,400,000 413,000 1,072.97
and
BE IT FURTHER,
RESOLVED, that the Assessor is hereby authorized to modify the assessed values
of the individual parcels from the "Proposed AV" amounts shown above if she deems
any adjustments appropriate, provided that the combined assessed value of all parcels is
not reduced below $5,400,000 as provided for above, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of any and all
refunds shall be refunded, with interest if ordered by the Court, within sixty (60) days
after service upon the Warren County Treasurer of the Order approving settlement with
Notice of Entry, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Assessor, Town Budget Officer 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 18th day of May, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING INSTALLATION OF
STREET LIGHTS ON BIRDSALL ROAD
RESOLUTION NO.: 182, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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WHEREAS, due to public safety concerns, the Queensbury Town Board wishes to
arrange for placement of two (2) street lights on Birdsall Road located off Blind Rock Road
in the Town of Queensbury, and
WHEREAS, one (1) of such lights is located within the Queensbury Lighting
District while the other light is located outside the boundaries of any Town of Queensbury
Lighting District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves installation of two
(2) high pressure sodium lamps on Birdsall Road located off Blind Rock Road in the Town
of Queensbury, one on National Grid Pole #25 and one on National Grid Pole #6, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that annual charges for the
light within the Queensbury Lighting District shall be billed from the Queensbury Lighting
District Account(s), while the annual charges for the light outside of any Town Lighting
District shall be billed from General Fund Account No.: 001-5182-4305 or such Account to
be determined by the Town Budget Officer, 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 National Grid
Power Corporation and the Town Supervisor and/or Town Budget Officer to take any other
action necessary to effectuate the terms of this Resolution.
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE AND/OR SURPLUS ITEMS
RESOLUTION N0.:183, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 14
SECONDED BY: Mr. John Strough
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury
Town Board may authorize the sale of items which are no longer needed by the Town or
obsolete, and
WHEREAS, the Town's Budget Officer requested that Town Departments advise of
any surplus items in their respective Departments and the Town Budget Officer did receive
lists of items from various Departments which are considered to be surplus, and
WHEREAS, the Budget Officer advised the various Town Departments of the
surplus items and did not receive any requests from the Departments for such surplus items
and therefore has requested Town Board authorization to sell the surplus items by using
auction companies 1) Auctions International and 2) GovDeals, to dispose of such surplus
property, and
WHEREAS, a list of the surplus items has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the sale of the
surplus items that are no longer needed by the Town or obsolete as presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and engagement
of the services of auction companies Auctions International and GovDeals to sell/dispose of
the surplus items and authorizes and directs the Town Supervisor to execute any needed
Agreements with such companies in form acceptable to the Town Supervisor, Town Budget
Officer, Purchasing Agent and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that all Town proceeds from the sales shall be deposited into the
appropriate revenue accounts in accordance with the Queensbury Town Code and Laws of
the State of New York, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer and/or Purchasing Agent to accept or reject any bids received online for any online
auction bids, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such
further action as maybe necessary to effectuate the terms of this Resolution.
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT: Mr. Brewer
RESOLUTION ACCEPTING DEDICATION OF STONE QUARRY ROAD
RESOLUTION NO. 184, 2009
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Economic Development Corporation (EDC) has offered a deed to
the Town of Queensbury to dedicate Stone Quarry Road to the Town of Queensbury as
more particularly described in a survey map prepared by VanDusen & Steves Land
Surveyors, LLC dated January 9th, 2008, and
WHEREAS, the Town Highway Superintendent has inspected the road and
recommended its acceptance contingent upon, if applicable, all drainage easements being
in place to the satisfaction of the Town Highway Superintendent, and
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 Wastewater Director has confirmed that installation of the
sanitary sewer infrastructure appears to be made in accordance with the Town Wastewater
Department standards, and
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WHEREAS, the Town Community Development Department has confirmed that its
requirements have been met,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves Stone
Quarry Road for dedication contingent upon receipt of the deed (including all schedules),
forms and title insurance report, in form satisfactory to Town Counsel, and
BE IT FURTHER,
RESOLVED, that any future wastewater infrastructure must be constructed in
accordance with Town of Queensbury Wastewater Department requirements to the
satisfaction of the Town's Wastewater Director prior to any connection to the Town's
wastewater lines, 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, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Economic
Development Corporation to record the deed in the Warren County Clerk's Office, after
which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's
Office, 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: Stone Quarry Drive
Road Number: 805
Description: Be i.~ nnin.~ at Queensbury Avenue and continuing in an easterly
direction a distance of 1728' and .33 hundredths of a mile and ending at a cul de sac.
Feet: 1728' and .33 hundredths of a mile.
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 17
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES :None
ABSENT: Mr. Brewer
RESOLUTION AND FINAL ORDER ESTABLISHING
EXTENSION TO QUEENSBURY CONSOLIDATED WATER
DISTRICT
TO SERVE THE CERRONE SUBDIVISION
RESOLUTION NO. 185, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board has decided to extend the Queensbury
Consolidated Water District to serve a relatively small portion of the Cerrone Subdivision
(Subdivision) on the west side of Corinth and West Mountain Roads in the Town of
Queensbury in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report which included: (a) the boundaries of the
proposed District; (b) a general plan of the proposed water system; (c) a report of the
proposed method of operation; (d) the source of water supply and description of any lands,
streams, water to water rights to be acquired; and (e) the mode of constructing the proposed
water works, water mains, distributing pipes and hydrants, was submitted to the Town
Board and filed with the Town Clerk, and
WHEREAS, on March 23rd, 2009, subsequent to the filing of the Map, Plan and
Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing
Order") reciting (a) the boundaries of the proposed Water District Extension; (b) the
proposed improvements; (c) the maximum amount proposed to be expended for the
improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water
District to the typical property and the typical one or two family home (if not the typical
property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan
and Report describing the improvement is on file in the Town Clerk's Office; and (g) the
time and place of a public hearing on the proposed Water District Extension, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and
were filed with the New York State Comptroller's Office, all as required by law, and
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 18
WHEREAS, the Town Board held a public hearing and heard all interested persons
concerning the proposed Water District Extension on Monday, April 6th, 2009 and the Town
Board has considered the evidence given together with other information, and
WHEREAS, on April 6th, 2009, the Town Board adopted a Resolution determining
that (a) the notice of public hearing was published and posted as required by law and was
otherwise sufficient; (b) all of the property and property owners within the proposed District
Extension would be benefited thereby, (c) all of the property and property owners benefited
are included within the boundaries of the proposed District Extension; and (d) the
establishment of the District Extension as the boundaries are set forth in the Plan subject to
permissive referendum in the manner provided in Town Law Article 7, and
WHEREAS, by Resolution No.: 115,2009, the Town Board established the
proposed Water District Extension in accordance with Town Law Article 12-A and
consolidated the Extension with the Queensbury Consolidated Water District in accordance
with Town Law §206-a, which Resolution was subject to permissive referendum, and
WHEREAS, the required Notice of Resolution subject to permissive referendum
was duly published and the Queensbury Town Clerk has reported that petitions requesting a
referendum have not been filed within 30 days after the date of the Resolution,
NOW, THEREFORE, BE IT
ORDERED, that the Queensbury Consolidated Water District Extension be
established to serve the Cerrone Subdivision as has been described in the Map, Plan and
Report on file with the Queensbury Town Clerk and as more specifically described in this
Resolution, and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk
to cause a certified copy of this Order to be duly recorded in the Warren County Clerk's
Office in the time and manner required by law, and
BE IT FURTHER,
ORDERED, that a consolidated assessment bill shall be prepared for next year in
which assessments are levied against the extended District, and
BE IT FURTHER,
ORDERED, that this Order is a Final Order and shall take effect immediately.
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 19
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES :None
ABSENT: None
RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND TOWN OF HINGSBURY
FOR SALE OF ADDITIONAL WATER
RESOLUTION NO.: 186, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury has a Water Treatment Plant Facility
(Facility) for the treatment of water which currently has capacity in excess of its users' use,
and
WHEREAS, the Town of Kingsbury has been purchasing water from Queensbury
since 1986 and wishes to obtain additional water from the Facility, and
WHEREAS, the Town of Queensbury is agreeable to supplying additional water
from its Facility to meet Kingsbury's need for water, and
WHEREAS, the Towns of Queensbury and Kingsbury are authorized to enter into
an Intermunicipal Agreement for the sale of water in accordance with New York State
General Municipal Law § 119-n and 199-0, § 118 and Town Law § 198(3)(b) and have
negotiated terms for such Intermunicipal Agreement, and
WHEREAS, a proposed Intermunicipal Agreement has been presented at this
meeting and the Town Board believes that such Agreement would be in the best interests of
the Town, its residents, and its Consolidated Water District,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Queensbury
Consolidated Water District, hereby approves of an Intermunicipal Agreement with the
Town of Kingsbury on behalf of Kingsbury's Water Districts, as delineated in the preambles
of this Resolution, substantially in the form presented at this meeting, and
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 20
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute such Intermunicipal Agreement and the Town Supervisor, Town
Counsel and/or Town Water Superintendent to take such other and further action necessary
to effectuate the terms of this Resolution.
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES :None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS -
WARRANT OF MAY 19~, 2009
RESOLUTION NO.: 187, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve the audit of bills
presented as the Warrant with a run date of May 14th, 2009 and a payment date of May 19th
2009,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a
run date of May 14th, 2009 and payment date of May 19th, 2009 totaling $1, 041, 821.46, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES :None
ABSENT: None
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 21
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW AMENDING LOCAL LAW NO.: 8 OF 2008
PROHIBITING PARHING ON SOUTH SIDE OF PORTION OF
SUNSET LANE
RESOLUTION NO.: 188, 2009
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, on November 17th, 2008 the Town Board adopted Local Law No.: 8 of
2008 which prohibited the parking of any vehicle on the south side of a portion of Sunset
Lane in the Town of Queensbury; and
WHEREAS, the purpose of Local Law No.: 8 of 2008 was to facilitate snow
plowing and other road maintenance activities and access by emergency services vehicles;
and
WHEREAS, the Town Board has determined that the prohibition on parking
imposed by Local Law No.: 8 of 2008 is only necessary during the winter months except for
that portion of Sunset Lane in close proximity to its intersection with Assembly Point Road,
and
WHEREAS, the Town Board therefore wishes to consider adoption of a Local Law
Amending Local Law No. 8 of 2008 accordingly, and
WHEREAS, such legislation is authorized in accordance with New York State
Town Law, Vehicle and Traffic Law X1660(18) and the Municipal Home Rule Law, and
WHEREAS, before the Town Board may act on such a Local Law, it must conduct
a public hearing
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 Monday,
June 1st, 2009 to consider the proposed Local Law presented at this meeting, hear all
interested persons and take such action required or authorized by law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
publish and post a Notice of Public Hearing in the manner provided by law.
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 22
Duly adopted this 18th day of May, 2009, by the following vote:
AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES :None
ABSENT: None
CORRESPONDENCE
DEPUTY CLERK O'BRIEN-The following reports are on file in the Town Clerk's
Office Community Development -Building and Codes Supervisor Report for March and
April 2009.
TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER
• Wished everyone a Happy Memorial Day
COUNCILMAN MONTESI
• At 1:00 p.m. at Hovey Pond on Sunday, May 24, 2009 there will be a dedication
at the American Legion
Received a phone call from a constituent that lives up on Carleton Drive In her
backyard there is a twenty foot buffer between the end of her yard and the fence
for Wal-Mart, a wooded area. Her concern was that there were some vagrants
living there we called the Sheriffs Department they sent a Deputy also asked Dave
Hatin to go up and take a look noted there was a gentlemen living in the woods he
asked him to move on.
COUNCILMAN STROUGH
Memorial Day Celebrations are starting this weekend. There has been a joint
effort between the City and Town of Queensbury for the Parade it will begin at
10:00 a.m. at the intersection of Glen Street and Bay Road it will proceed north to
Crandall Park a Remembrance Ceremony will be held following the parade. The
Theme this year is Through Whose Courage and Sacrifice Came Victory and
Peace.
Two essays were dedicated to this year's theme the two essay contest winners are
Madeline Sawyer, Glens Falls and Theresa Wappett, Queensbury their essays will
be read at the Remembrance Ceremony. The keynote speaker will be Forest
Robinson, the Queensbury High School Band will provide music. The
Gettysburg Address will be read by Patrick Oswald the New York State Boys
Representative from Queensbury. If there is rain the Remembrance Ceremony
will be held in the Recreation Center in back of the YMCA on Fire Road. The
essay winners also get two hundred dollars from the Glens Falls VFW and the
Queensbury American Legion. We also had a poster contest for the Parade there
were two winners. Kevin Chen, Queensbury and Natasha Wright, Glens Falls,
thanked Robin Brewer for her cooperative efforts in the poster contest they each
won one hundred dollars from the Glens Falls VFW and the Queensbury
American Legion.
• Remembrance Ceremony on Sunday May 24th, 2009 at 1:00 p.m. in Hovey's
Pond Park everyone is welcomed to attend.
• Activity Report from Fire Marshal it is noted that there is no outdoor burning in
the Town of Queensbury unless it is for food or a recreation fire.
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 23
COUNCILMAN BREWER
• Last Friday visited the Water Plant they were installing new high lift pumps and
new motors they are up-to-date new cost saving motors hopefully it will save the
Water Treatment Plant on electricity.
• On Saturday the Grand Opening of the West End Park was held about three
hundred people attended.
• Thanked Councilman Strough for the work he did with the Memorial Day Parade.
SUPERVISOR STEC
• Grand Opening of the West End Park Opening the Parks noted the Recreation
Department did a fabulous job.
• Michaels Drive is completed grass is planted the last thing to be done is to repave
the road this fall.
• Spoke regarding the shovel ready site on Stone Quarry Road and the importance
of being ready for business.
• The Town's website www.queensbury.net thanked TV 8 and sponsors for
televising the Town Board Meetings.
• Warren County is offering a discount prescription program. Warren County
residents can look for their new prescription drug discount cards beginning
Tuesday, May 26th. The Board of Supervisors have partnered with Proact
Incorporated a Pharmacy Benefit Management Company based in Central New
York to offer residents prescription drug discount card that will help defray the
rising costs of prescription medication. Proact Inc., will mail more than thirty six
and a half thousand drug cards to households in Warren County. When you
receive the card from Warren County it is not a gimmick it is something to pay
attention to don't throw it away. The cards are schedule to arrive in residents
homes the week of May 26th. The prescription drug discount cards should
provide significant savings for uninsured and underinsured residents of Warren
County without the hassles of other prescription plans. Residents who have
prescription drug coverage can use the card to save money on drugs that are not
covered by their health plan. If you have health insurance and you have a
prescription that you need to fill it might not be covered or might not be covered
very well by your plan you can give them this card to see what it would cost
under this plan. There is no cost to the County or its residents any County
resident regardless of age can participate in the discount program one discount
card may be used for all family members. It is anticipated that it will save an
average often to twenty percent on brand name prescriptions and twenty to fifty
percent on generic drugs. The prescription drug discount card is accepted at many
pharmacies as well as more than fifty seven thousand pharmacies nation wide.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 189, 2009
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
REGULAR TOWN BOARD MEETING OS-18-2009 MTG#21 24
Duly adopted this 18th day of May, 2009 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
AB SENT:None
Respectfully Submitted
Darleen M Dougher
Town Clerk
Town of Queensbury