2010-04-05- MTG#13
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 722
REGULAR TOWN BOARD MEETING MTG#13
APRIL 5, 2010 RES# 151
7:00 P.M. B.H. 5-7
RD#807
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
PRESS
SUPERVISOR STEC-Opened meeting.
P R O C L A M A T I O N
WHEREAS
, the Queensbury Town Board wishes to recognize Kathy and Dennis
Franklin, and
WHEREAS,
the generous donation of approximately fifty acres of land to the
Town of Queensbury by Kathy and Dennis Franklin is worthy of extraordinary
recognition, and
WHEREAS
, the Queensbury Town Board wishes to recognize the significance of
this parcel to the betterment of the Town’s residents’ quality of life, and the Town’s
natural and social environments, and
WHEREAS
, the Town Board is compelled to list some of the reasons we are
appreciative of this donation. This parcel enables the furtherance of the Town's effort to
both conserve and provide public access to beautiful land, open space, and significant
flora and fauna habitat in the Rush Pond preservation area, and
WHEREAS
, the land donated by the Franklins also allows for the expansion of
various recreational opportunities for the residents of this Town, such as, hiking, biking,
canoeing, kayaking, bird watching, fishing and picnicking.
NOW THEREFORE BE IT PROCLAIMED,
that the Queensbury Town Board
hereby expresses sincere gratitude to Kathy and Dennis Franklin for their generous
donation of beautiful land to the Town of Queensbury for the future use and enjoyment of
this wonderful natural asset by the Town’s residents.
GIVEN under the SEAL of the Town of Queensbury this fifth day of April 2010.
_____________________ ___________________ ____________________
DANIEL STEC ANTHONY METIVIER RONALD MONTESI
_________________________ _________________________
JOHN STROUGH TIMOTHY BREWER
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 151, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 723
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
Regular Session and enters into the Queensbury Board of Health.
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Duly adopted this 5 day of April, 2010, by the following vote:
Ayes: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
Noes: None
Absent:None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL
VARIANCE APPLICATION OF THOMAS VANNESS
RESOLUTION NO.: BOH 5, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, Thomas VanNess has applied to the Local Board of Health for a
variance from Chapter 136 to install a leaching system 1’6” from the property line in lieu of
the required 10’ setback on property located at 5 Ohio Avenue in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
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hearing on Monday, April 19, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider Thomas VanNess’ sewage disposal variance application
concerning property located at 5 Ohio Avenue in the Town of Queensbury (Tax Map No.:
309.13-1-62) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 724
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE
DISPOSAL
VARIANCE APPLICATION OF ARTHUR RIVERS
RESOLUTION NO.: BOH 6, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, Arthur Rivers has applied to the Local Board of Health for variances
from Chapter 136 to allow placement of the:
1.leech field 4’ from the property line in lieu of the required 10’ setback; and
2.leech field 2’ from the water line in lieu of the required 10’ setback; and
3.septic tank 8’ from the water line in lieu of the required 10’ setback;
on property located at the corner of Ohio and Central Avenues in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
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hearing on Monday, April 19, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury, to consider Arthur Rivers’ sewage disposal variance application
concerning property located at the corner of Ohio and Central Avenues in the Town of
Queensbury (Tax Map No.: 309.9-1-87) and at that time all interested persons will be
heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 725
NOES : None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 7, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into
the Town Board of the Town of Queensbury.
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Duly adopted this 5 day of April, 2010 by the following vote:
Ayes: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
Noes: None
Absent:None
2.0PRIVILEGE OF THE FLOOR
TAMMY SULLIVAN, HOMER AVENUE-Spoke to the board regarding the formation
of a district.
SUPERVISOR STEC-Spoke regarding the background of this, a week ago Councilman
Montesi and myself had a conference call with Mr. McCall does not think they made
significance progress another call has been scheduled for tomorrow afternoon. The
resolution for tonight would authorize getting our Engineer started on formally putting
together the Map, Plan and Report to form a district.
MS. SULLIVAN-Questioned at what point is it too late?
SUPERVISOR STEC-It is never too late we do not form the district until we vote after
the public hearing to form a district.
MS. SULLIVAN-Questioned if the Town still pays a portion of this if it is a district?
SUPERVISOR STEC-No, that is one of the things we pointed out. Frankly that might be
one of the things to move this along is that the Town’s participation, which is part of
Option A legally could not be part of Option B. It would cost those who are in the district
that were formally splitting seventy five percent of the cost they will now be essentially
splitting almost one hundred percent of the cost to the other properties in the district.
MS. SULLIVAN-Questioned how long it takes to put together the Map, Plan and Report?
SUPERVISOR STEC-It might take the Engineer until April to have it ready we might be
setting the public hearings for the back half of May.
COUNCILMAN BREWER-We cannot do the work until the flow is down in the ground.
SUPERVISOR STEC-We still have time to do this from a perspective of the calendar
when is the best time to do this the lowest flow August, September time frame.
MS. SULLIVAN-Asked if forming the district would it delay anything?
SUPERVISOR STEC-This should happen long before that.
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 726
MS. SULLIVAN-Questioned if it is a district how would you get onto the property to do
this?
SUPERVISOR STEC-There is mechanisms if someone wants to oppose the formation of
a district there are all kinds of options we would still be working with easements.
COUNCILMAN BREWER-We have a game plan.
COUNCILMAN STROUGH-If a district is the ultimate object that we have to go with
that route it means you and many others are going to be paying for this even though you
didn’t cause it you are feeling the impacts of it, thinks this is unfair thinks that the money
that they are putting towards the Map, Plan and Report, Attorney fees could be going to
fix the problem.
SUPERVISOR STEC-The preferred option is and always has been Option A.
MS. SULLIVAN-Does he have an open ended time frame?
SUPERVISOR STEC-There are no guarantees on time line. The five of us are doing
everything we can to make sure that it doesn’t go on through another winter and spring
melt.
PLINEY TUCKER, 41 DIVISION ROAD-Asked why the Town was putting in blacktop
at the Transfer Station on Luzerne Road.
COUNCILMAN BREWER-Kubricky is the contractor on site they are employed by the
City. We asked the City and Engineers if we could get more room on the north side of
the compactor we needed some more feet to be able to work there. We would pay our
portion of this and then when it happens we would ask the Highway Department to pave
that they have done this in the past.
PLINEY TUCKER-Originally all the land belonged to the City.
COUNCILMAN BREWER-It still does.
MR. TUCKER-Questioned if this will change hands?
SUPERVISOR STEC-No.
MR. TUCKER-Questioned if and when they decide to sell it.
COUNCILMAN BREWER-We cannot sell something we do not own the City owns this.
MR. TUCKER-Owns the land.
SUPERVISOR STEC-We have a lease.
COUNCILMAN BREWER-Correct.
MR. TUCKER-Everything else the Town owns.
SUPERVISOR STEC-Yes, the equipment we own.
MR. TUCKER-Asked the status of the Honey Do Man they were they suppose to meet
with the Attorney?
SUPERVISOR STEC-The Attorney has been trying to talk to the Insurance Company has
not heard anything from Insurance Company or our Attorney as to their position thinks
this will probably go to court.
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 727
MR. TUCKER-It was supposed to happen last Friday it was cancelled asked if
Supervisor Stec will contact someone regarding this matter?
SUPERVISOR STEC-Yes.
JOHN SALVADOR-Spoke to the board regarding the Honey Do situation going to court
asked who are the parties involved?
SUPERVISOR STEC-The Town is being sued by the owner of the vehicle.
MR. SALVADOR-Spoke to the board regarding the Homer Avenue Drainage District
asked who has defined the scope of work for the Map, Plan and Report.
COUNCILMAN METIVIER-It is part of the Map, Plan and Report this has to be defined
in part of the process of the Map, Plan and Report.
MR. SALVADOR-Questioned who defines the boundaries of the district?
SUPERVISOR STEC-The Town Board.
MR. SALVADOR-You have the cart before the horse.
COUNCILMAN METIVIER-They do have to define who will be impacted we don’t
know that yet. Hopefully when it is completed or before then we will have more of an
idea of who will be impacted.
MR. SALVADOR-Spoke regarding the State Constitution Article I the Bill of Rights
read Section 7 of the Bills of Rights into the record. Asked if the ten thousand dollars for
the Map, Plan and Report is only for engineering.
COUNCILMAN METIVIER-Correct.
MR. SALVADOR-Attorney fees.
COUNCILMAN MONTESI-All of those costs will go into it the Town will be
reimbursed for its in house Attorney and also for its Engineering.
MR. SALVADOR-Questioned what happens if the district isn’t formed.
SUPERVISOR STEC-The general fund like any other district formation if it doesn’t get
formed then the general fund eats it.
MR. SALVADOR-Spoke regarding the Comptrollers Audit of the Town.
SUPERVISOR STEC-Every Town in the County.
MR. SALVADOR-Asked if this is progressing has he heard anything.
SUPERVISOR STEC-They conducted this in every Town in the County right before the
end of the year it stemmed from cash flow concerns at the County. They went to all the
Receivers of Taxes of the eleven Town’s in the County they were here two days before
Christmas we haven’t heard anything from them since. All indications are that they had
no problem with the way that Darleen Dougher was doing her job collecting the taxes and
remitting it to the County. The State Comptroller has set up shop and has been in the
County Municipal Center for almost eight months this is one of the things that stemmed
from that at our invitation we invited them in to take a look at our operations at the
County.
3.0RESOLUTIONS
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 728
RESOLUTION AUTHORIZING REQUEST FOR QUOTES
REGARDING SALE AND REMOVAL OF MISCELLANEOUS SCRAP
METAL
RESOLUTION NO.: 152, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to arrange for the sale and
removal of miscellaneous scrap metal located at the Town of Queensbury Transfer Station
on Luzerne Road, Queensbury, and
WHEREAS, the Purchasing Manager and Landfill Equipment Operator have
prepared a Request for Quote regarding the Town’s sale of scrap metal,
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby authorizes the sale and removal
of miscellaneous scrap metal located at the Town of Queensbury Transfer Stations in
Queensbury, consistent with the terms of the Agreement substantially in the form presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves and authorizes the Request for
Quote form substantially in the form presented at this meeting and further authorizes and
directs the Town Purchasing Manager to issue such Request for Quote to qualified
companies regarding the sale and removal of miscellaneous scrap metal, and
BE IT FURTHER,
RESOLVED, that once the quotes are received and reviewed by the Town
Purchasing Agent and/or Landfill Equipment Operator, the Town Board authorizes and
directs the Town Supervisor to enter into and execute an Agreement for the sale and
removal of miscellaneous scrap metal with the qualified business submitting the highest
quote for payment of such sale and removal, such Agreement being substantially in the form
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that any funds obtained from the sale and removal of miscellaneous
scrap metal shall be deposited in the appropriate Town Account(s), and
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 729
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Landfill Equipment
Operator, Purchasing Agent and/or Town Budget Officer to obtain quotes from time-to-time
in order to maximize Town revenue from the sale and removal of miscellaneous scrap metal
without additional Town Board Resolutions or approvals, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor,
Purchasing Agent, Landfill Equipment Operator and/or Town Budget Officer to take any
and all action necessary to effectuate the terms of this Resolution.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT:None
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS
FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION
FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS
RESOLUTION NO.: 153, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 248,2009, the Queensbury Town Board authorized
submission of an application for a Capital Improvement Fund Grant from the New York
State Office of Court Administration (OCA) to be used by the Town for Town Court
improvements, and
WHEREAS, the grant application was submitted and the Town has been awarded a
grant in the amount of $8,324.90, and
WHEREAS, the Town Board wishes to accept such grant funds and establish
appropriations and estimated revenues for the grant award,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 730
RESOLVED, that the Queensbury Town Board hereby accepts the $8,324.90 in
grant funds from the New York State Office of Court Administration (OCA) as set forth in
the preambles above and authorizes and directs the Town Supervisor to execute any needed
grant acceptance form and/or any other associated documentation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby establishes appropriations
and estimated revenues in the amount of $8,324.90 for such grant funds as follows:
?
Increase Appropriation 001-1110-2010 Town Justice Office Equipment by
$8,324.90;
?
Increase Revenue 001-0000-53021 State Aid, Court Facilities by
$8,324.90;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to make any necessary adjustments, budget amendments, transfers or prepare any
documentation necessary to establish such appropriations and estimated revenues and
authorizes the Town Supervisor, Town Court Clerks and/or Town Budget Officer to take all
other action necessary to effectuate the terms of this Resolution.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION ADDING BITTERSWEET LANE TO LIST OF TOWN
PRIVATE DRIVEWAYS AND ROAD NAMES
RESOLUTION NO.: 154, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list
of names for private driveways and roads in the Town in connection with the 911 addressing
system, and
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 731
WHEREAS, the Town Board wishes to add “Bittersweet Lane,” a private
roadway/shared driveway located off of 719 Luzerne Road, to the Town’s list of private
driveways and road names,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adds “Bittersweet Lane” to
the Town of Queensbury’s list of private driveways and roads, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Highway
Department to arrange for installation of the necessary poles and street signs identifying
“Bittersweet Lane,” and
BE IT FURTHER,
RESOLVED, that any expenses associated with this Resolution shall be paid for
from the appropriate account.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN
OF QUEENSBURY AND VELO QUEBEC VOYAGES
RESOLUTION NO.: 155, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury has received a request for occupancy tax funding
from Velo Quebec Voyages regarding a cycling tourism event called The Grand Tour”
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which event will be held from August 7 – August 13, 2010 from Queensbury, New York
to Saint-Hyacinthe, Quebec, and
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 732
WHEREAS, such event is expected to draw approximately 2,000 participants and
supporters to the Town of Queensbury and the surrounding area’s hotels and motels,
restaurants, stores and other businesses, thereby benefiting the general economy of the
Town and all of Warren County, and
WHEREAS, by prior Resolution, the Queensbury Town Board provided for the
Town’s receipt of occupancy tax revenues from Warren County in accordance with the
Local Tourism Promotion and Convention Development Agreement (Agreement) entered
into between the Town and Warren County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided
under the Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town Board wishes to provide funding to Velo Quebec Voyages in
the amount of $2,000 with occupancy tax revenues received from Warren County, and
WHEREAS, a proposed Agreement between the Town and Velo Quebec Voyages
has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes
funding to Velo Quebec Voyages regarding a cycling tourism event called The Grand Tour”
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which event will be held from August 7 – August 13, 2010 from Queensbury, New York
to Saint-Hyacinthe, Quebec and authorizes the Agreement between the Town and Velo
Quebec Voyages substantially in the form presented at this meeting, and authorizes and
directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum
of $2,000 and to be provided by occupancy tax revenues the Town receives from Warren
County, to be paid for from Account No.: 050-6410-4412, and
BE IT FURTHER,
RESOLVED, that such Agreement is contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren
County.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 733
RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF
BARTLETT, PONTIFF, STEWART & RHODES, P.C. AND
PREFERRED ADVOCATES, LTD. FOR CONTRACT
NEGOTIATIONS BETWEEN THE TOWN AND QUEENSBURY
CHAPTER OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC.
(CSEA)
RESOLUTION NO.: 156, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Town Board wishes to engage Bartlett, Pontiff, Stewart & Rhodes,
P.C. (BPSR) and Preferred Advocates, Ltd. to serve as the Town’s legal representative
during the negotiation process between the Town and the Town Chapter of the Civil Service
Employees Association, Inc. (CSEA) for a new Union contract in accordance with BPSR
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and Preferred Advocates, Ltd.’s February 8, 2010 letter-form proposal,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes
engagement of the services of Bartlett, Pontiff, Stewart & Rhodes, P.C. and Preferred
Advocates, Ltd. for the provision of legal services to the Town limited to the negotiations
between the Town and the Town of Queensbury Chapter of the Civil Service Employees
Association, Inc. for a new Union contract consistent with the letter-form proposal dated
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February 8, 2010, and
BE IT FURTHER,
RESOLVED, that the cost of such services shall be as follows:
?
$5,000.00 for the first month of representation;
?
$2,500.00 per month or any partial month (up to six months) thereafter until
fact-finding or until the contract is completed, whichever occurs first;
?
If negotiations lead to fact finding, then the Town and BPSR and Preferred
Advocates, Ltd. would agree on an appropriate, additional flat fee depending
on the number of issues at fact-finding or BPSR and Preferred Advocates,
Ltd. would bill the Town at the rate of $250.00 per hour; and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 734
RESOLVED, that payment for such services shall be from the appropriate account
as may be determined by the Town Budget Officer and the Town Board hereby authorizes
and directs the Town Budget Officer to amend the 2010 Town Budget accordingly to
allow each fund to pay its share of the legal expense, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to execute any needed Agreement or documentation related to the engagement of
such services and the Town Supervisor and/or Town Budget Officer to take any further
action needed to effectuate the terms of this Resolution.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2010 BUDGET
RESOLUTION NO.: 157, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
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 2010 Town Budget
as follows:
From To
Code Appropriation Code Appropriation $
Increase Revenue 001-0000-52680 Insurance Recovery 4,562.71
Increase Appropriation 001-5110-4110 Repairs 4,562.71
Increase Revenue 004-0000-52680 Insurance Recovery 6,726.77
Increase Appropriation 004-5130-4110 Repairs 6,726.77
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 735
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. __ OF 2010 TO AMEND THE QUEENSBURY
TOWN CODE BY ADDING A NEW CHAPTER NO.: 44 ENTITLED,
“HOTEL AND MOTEL REGISTERED SEX OFFENDER
OCCUPANCY LICENSE LAW”
RESOLUTION NO. 158, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to promote the public health,
safety and general welfare of the guests of hotels and motels located within the Town of
Queensbury and that of the general citizenry of the Town, and
WHEREAS, the Town Board therefore wishes to consider adoption of Local Law
No.: __ of 2010 and amend the Queensbury Town Code by adding a new Chapter No.: 44
entitled "Hotel and Motel Registered Sex Offender Occupancy License Law,” and
WHEREAS, this legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and Town Law §130, 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 Monday,
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April 19, 2010 to hear all interested persons and take any necessary action provided by law
concerning proposed Local Law No.: __ of 2010 to amend the Queensbury Town Code by
adding a new Chapter No.: 44 entitled "Hotel and Motel Registered Sex Offender
Occupancy License Law,” and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 736
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. __ of 2010 in the manner provided by law.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN
CODE CHAPTER 179 “ZONING” §179-3-040(B)(1)(a) and §179-3-
040(C)(1)(a)
RESOLUTION NO.: 159, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to amend the Queensbury Town
Code in the following Town Code sections:
§179-3-040(B)(1)(a)
A. to specify that food service establishments should be
listed as a use permitted by site plan review in the Enclosed Shopping
Center (ESC) zoning district; and
§179-3-040(C)(1)(a)
B. to specify that health-related facilities should be
listed as a use permitted by site plan review in the Commercial-Light
Industrial (CLI) zoning district; and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of
2010 to accordingly amend Queensbury Town Code Chapter 179 “Zoning” §179-3-
040(B)(1)(A) and §179-3-040(C)(1)(a) as presented at this meeting, and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting
the legislation the Town must first refer the proposed Local Law and obtain a
recommendation from the Warren County Planning Board, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of
this Local Law,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 737
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town Clerk or Senior Planner to forward a copy of the proposed Local Law to Amend
Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(A) and §179-3-
040(C)(1)(a) to the Warren County Planning Board for its review, approval and/or
recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby declares its intention to be designated
Lead Agency for SEQRA review of the proposed Local Law and directs the Town Clerk or
Senior Planner to send copies of the proposed Local Law, Long Environmental Assessment
Form, and a certified copy of this Resolution stating the Town Board’s intention to be Lead
Agency for SEQRA review, to any Involved Agencies as required by law, and
BE IT FURTHER
RESOLVED, that the Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April
th
19, 2010 to hear all interested persons concerning proposed Local Law No.: ___ of 2010 to
Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(a) and §179-3-
040(C)(1)(a), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
provide the public with at least 10 days’ prior notice of the Public Hearing by causing a
Notice of Public Hearing to be timely published in the Town’s official newspaper and by
posting the Notice of Public Hearing on the Town’s bulletin board at least 10 days before
the date of the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
send the Notice of Public Hearing, together with copies of the proposed Local Law, if
necessary, to any public officials, agencies or municipalities, in accordance with New York
State Town Law §265 and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk,
Town Supervisor, Senior Planner and/or Town Counsel to take such other actions and give
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 738
such other notice as may be necessary in preparation for the Town Board to lawfully adopt
proposed Local Law No.___ of 2010.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec
NOES : Mr. Strough
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN STROUGH-I think this is an opportunity for us to say to them listen we
will accommodate you we will put restaurants as an allowed use into your zone in the
meantime clean up the property. We ought to make it contingent upon the issuance of a
building permit or a CO use this as a tool to get the job done. If they sign the contract two
weeks from now I will say yes on this, but I am saying no on this now because I want to
send a message to them.
SUPERVISOR STEC-I certainly understand your point, I share your sentiment in fact I
largely share the goal that you are expressing. I have not asked Counsel this questions
whether or not we could literally hold a zoning change. I understand the concept I am not
sure it is either the right thing to do or it is not the right thing to do, but I certainly can see
that we could be using this zoning change for leverage.
COUNCILMAN STROUGH-We are just setting a public hearing now, but I am going to
send a message. I also have an issue with the second one. We are talking about Hudson
Headwaters on Corinth Road it used to be the old beverage center distribution center. I am
glad its there it is a great location for them. The debate the board had was whether we
should zone it office zone or whether we should allow health facility as an allowed use in
our light industrial zone. My concern about that is if you allow a health facility, health
facilities is just not in your industrial zones because it tends to be an incompatible use. We
have this light industrial zone on Quaker Road, Dix, Queensbury, lower Warren, and
Corinth Road around the Airport and other areas, areas that we want to see developed in an
industrial way. If a health facility becomes an allowed use then it may deter other industrial
uses that might want to go there it is an incongruent incompatible use with that zone. What,
I suggested is that we take the two parcels where they are currently and where they want to
expand and make them office zone because health facility is an allowed use in that zone.
Not only that, but the office zone is a transitional zone it is designed to be that way it is
designed to be transitional between residential areas and industrial or other commercial
areas the office zone is the perfect zone for this particular spot. They say spot zoning it is
not spot zoning if you have a rational basis for it the rational basis would be currently this is
a health related facility it already has been built it was a distribution center the facility is
open and running now we are trying to make it so it is a conforming use. We don’t want to
hinder the development of Hudson Headwaters I would like to see it expand. Again, I think
it is a perfect location for them, but I am just arguing that the best type of zoning that is best
for the Town is to give them an office zone. What, I am saying is if you take a health
facility and put it in light industrial as an allowed use what you are going to end up with is a
lot of light industrial that might not be useable. I don’t think that is good for the economic
sustainability of this Town we want to develop light industrial as light industrial. Just the
same office zone should be developed for offices and related commercial uses it shouldn’t
be apartments, but you know this is going to again be a four to one vote, but that’s the way I
feel.
COUNCILMAN BREWER-That is forty acre parcel that is light industrial to change two or
three or four acres to office on the contrary to what you said John.
COUNCILMAN STROUGH-We did it on the corner of Gurney Lane and West Mountain
Road.
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 739
COUNCILMAN BREWER-We didn’t just do it though.
COUNCILMAN STROUGH-I am saying as long as you have a rational basis for doing it.
COUNCILMAN BREWER-I don’t think it is rational when our Attorney that has been to
college and is an Attorney and does nothing but planning says it is spot zoning.
COUNCILMAN STROUGH-I do my own thinking.
COUNCILMAN BREWER-That is what we have Attorneys for John.
RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEWS
CREMATION GROUP TO PERFORM CREMATORY RETORT REPAIRS
RESOLUTION NO.: 160, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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WHEREAS, by Memorandum dated March 30, 2010, the Town of Queensbury
Cemetery Commission requested that the Town Board authorize Matthews Cremation
Group as a single source vendor to perform annual Crematory Retort inspections and repairs
on the Crawford and Power Pak Cremation Unit at the Pineview Cemetery, and
WHEREAS, such inspections and repairs shall not exceed $11,299, and
WHEREAS, Matthews Cremation Group has performed annual Crawford and
Power Pak Retort inspections, is accepted by the New York State Department of
Environmental Services as meeting statutory requirements regarding inspections, and is the
manufacturer of these retorts, possessing proprietary engineering drawings and
specifications for such equipment, and for these reasons, the Town Board wishes to waive
the Town Purchasing Policy’s two (2) quotes, self-imposed bidding requirement in this
instance, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements,
and
WHEREAS, this will ensure that the Town’s retorts will continue to operate in a
safe and efficient manner while continuing to meet DEC’s regulatory requirements, and
WHEREAS, the cost of inspections and repairs currently needed at the Pineview
Cemetery, proposed to be provided by Matthews Cremation Group, will cost $11,299 (under
$20,000), not including freight charges, as delineated in the Cemetery Commission’s
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March 29, 2010 Memorandum presented at this meeting, and the Cemetery
Superintendent and Cemetery Commission have requested authorization for such repairs,
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 740
NOW, THEREFORE, BE IT
RESOLVED, that for the reasons outlined above, in these circumstances the
Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s
Purchasing Policy for two (2) written quotes, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of Matthews Cremation Group to inspect and repair the Crawford Cremation
Unit at the Pineview Cemetery for an amount not to exceed $11,299 (under $20,000), not
including freight charges, and
BE IT FURTHER,
RESOLVED, that such authorization is contingent upon Matthews Cremation
Group providing the Town with satisfactory proof of insurance prior to commencing
work for the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that payment shall be
made from the Cemetery’s Equipment Repair Account No.: 002-8810-4800, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Budget Officer to take any
and all actions necessary to amend the 2010 Town Budget by transferring $5,650 from
the Cemetery Building Repairs Account No.: 002-8810-4070 and $5,649 from the
Cemetery Labor Account No.: 002-8810-1010 to the Equipment Repair Account No.:
002-8810-4800, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and
further actions as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Stec, Mr. Metivier
NOES : Mr. Brewer
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 741
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN BREWER-I have no problem with the outfit doing this I don’t want to
essentially give them a blank check. I don’t have a good feeling about having only one
vendor for anything we do in the Town.
RESOLUTION ACCEPTING DEDICATION OF APRES CIRCLE IN CERRONE
WEST MOUNTAIN ROAD SUBDIVISION
RESOLUTION NO. 161, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, Cerrone Builders, Inc., has offered a deed to the Town of Queensbury
to dedicate Apres Circle in the Cerrone West Mountain Road Subdivision to the Town of
Queensbury as more particularly described in a survey map prepared by VanDusen &
th
,
Steves Land Surveyors, LLC dated December 4, 2009and
WHEREAS, the Town Highway Superintendent has inspected the road and
recommended its acceptance contingent upon the developer completing the top coat of
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the black-top within two years of the date of acceptance or by April 5, 2012, and if
applicable, all drainage easements being in place, and
WHEREAS, Cerrone Builders, Inc., has provided the Town with a $25,800 cash
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escrow to ensure placement of the top coat on the roads by April 5, 2012 consistent with
the Town Highway Superintendent’s requirements, 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 indicated that his Department has
no issues with such road dedication, and
WHEREAS, the Town Zoning Administrator/Code Compliance Officer and
Director of Building and Codes Enforcement have confirmed that they have inspected Apres
Circle and it was found to be in general compliance with the requirements of their offices,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 742
RESOLVED, that the Queensbury Town Board hereby accepts and approves the
dedication of Apres Circle in the Cerrone West Mountain Road Subdivision,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 the Escrow Agreement substantially in the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Cerrone Builders,
Inc., 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: Apres Circle Road Number: 807
Description: Beginning at West Mountain Road and continuing in a westerly
direction a
distance of 1088’ and .21± hundredths of a mile and ending at a cul-
de-sac.
Feet: 1088’ and .21± of a mile .
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION APPROPRIATING MONIES TO PAY COST OF
MAP, PLAN AND REPORT RELATING TO PROPOSED
DRAINAGE DISTRICT IN VICINITY OF QUAKER ROAD AND
HOMER AVENUE
RESOLUTION NO.: 162, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 743
WHEREAS, as a result of a failed drainage pipe and related drainage issues in the
vicinity of Quaker Road and Homer Avenue, the Queensbury Town Board is considering
the formation of a Drainage District (District) in accordance with Article 12-A of New
York Town Law to pay for the work needed to repair such drainage problems, and
WHEREAS, to do so, the Town must authorize the preparation of a Map, Plan and
Report outlining the details of such a District,
NOW, THEREFORE, BE IT
RESOLVED, that, subject to permissive referendum as provided below, the
Queensbury Town Board hereby appropriates the sum of Ten-Thousand Dollars
($10,000) to pay the cost of Vision Engineering LLC’s preparation of a Map, Plan and
Report related to drainage issues in the vicinity of Quaker Road and Homer Avenue and
the formation of a Drainage District, and
BE IT FURTHER,
RESOLVED, that if the Town Board establishes the District and contracts for the
required services, the expense incurred by the Town for the preparation of the Map, Plan
and Report shall be deemed to be part of the cost of the services and the Town shall be
reimbursed for the amount paid or such portion of that amount which the Town Board, at
a public hearing, allocates against the District, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs Vision
Engineering to prepare such a Map, Plan and Report within the limits of the amount
appropriated therefore, and upon completion thereof to file the Map, Plan and Report in
the Queensbury Town Clerk’s Office, and
BE IT FURTHER,
RESOLVED, that this Resolution shall be subject to permissive referendum in
accordance with New York Town Law Article 7 and shall not take effect until such time
as provided therein, and the Town Board hereby authorizes and directs the Town Clerk to
post and publish the Notice required for Resolution subject to permissive referendum.
th
Duly adopted this 5 day of April, 2010 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : Mr. Strough
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 744
TH
APRIL 5, 2010
RESOLUTION NO.: 163, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills
stth
presented as a Warrant with a run date of April 1, 2010 and payment date of April 6,
2010,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with
stth
the run date of April 1, 2010 and payment date of April 6, 2010 totaling $1,204,497.92,
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.
th
Duly adopted this 5 day of April, 2010, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
4.0 CORRESPONDENCE - NONE
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER
?
Main Street will be closed Monday through Friday this week Niagara Mohawk
will be relocating gas lines if at all possible try to avoid that area.
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On Saturday went to West Glens Falls Firehouse they took delivery of their new
tower truck it was attended by a big crowd. I am very pleased with the truck I
think the Fire Company is pleased with it I just want to say kudos to West Glens
Falls on their new truck.
COUNCILMAN STROUGH
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Invited to attend the Adirondack Business Educators an Appreciation Dinner on
March 24, 2010. It was an interaction of the local business people with about
twenty five schools participating in this and twenty businesses participate in this it
is a great program that ACC is having that gets business and education together
and working in one direction thanked everyone for inviting him.
REGULAR TOWN BOARD MEETING 4-5-2010 MTG#13 745
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Spoke regarding the Adirondack Talk regarding a picture showing Hovey Pond.
The Friends of Hovey Pond are asking for donations for putting together the
beautiful gardens you can send donations to Friends of Hovey Pond, 28
Glenwood Avenue, Queensbury or call Marylee Gosline at 798-6463 also Lise
Fuller, Greg Green, Drew Monthie, a bunch of other people help out with this, but
they would appreciate some donations to put the gardens together for 2010.
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Thanked Kathy and Dennis Franklin for their wonderful contribution to the Town.
COUNCILMAN MONTESI
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Attended the snowmobile races at West Mountain last Saturday it was great to see
that kind of group there and activity. There are lots of ways you can make things
work in our Town that happens to be one of them. West Mountain has always
been a good one now he has some off season things going on.
COUNCILMAN METIVIER
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The Water Department is flushing hydrants starting last week Monday through
Friday from 8:00 a.m. to 4:00 p.m. be careful before you do laundry and once the
program has been completed they suggest that you flush out your hot water
heaters.
?
The Beautification Committee will be looking for nominations both residential
and commercial for the 2010 season. We will have something on the website that
you can nominate people later on in the season.
SUPERVISOR STEC
?
Spoke regarding flushing the hydrants in April noted that every single hydrant
gets tested and maintained every year.
?
Website www.queensbury.net
?
Thanked TV 8 and sponsors for televising meetings.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 164, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their
Regular Town Board Meeting.
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Duly adopted this 5 day of April, 2010, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT:None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury