2011-02-07 MTG#4
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 307
REGULAR TOWN BOARD MEETING MTG # 4
February 7, 2011 RES. 69-79
7:00 P.M. BOH: 3-4
BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIALS
WASTEWATER DIRECTOR, MIKE SHAW
PRESS
TV 8
POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN RONALD MONTESI
SUPERVISOR STEC-Opened Meeting
1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 69, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED
, that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
Duly adopted this 7th day of February, 2011 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
NOTICE SHOWN
PUBLICATION DATE: January 28, 2011
PUBLIC HEARING SANITARY SEWAGE DISPOSAL VARIANCE OF JOHN SHINE
AND LARRY CLEVELAND
SUPERVISOR STEC- This is for property located on Rockhurst, 90 Rockhurst Road and they
are seeking two variances, five feet from the west property line in lieu of the code’s ten feet and
seventeen point three five feet from the house foundation in lieu of twenty feet. With that said, I
will open the public hearing and I see Mr. Center’s here and I assume you are the applicant’s
agent?
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 308
TOM CENTER, NACE ENGINEERING- Representing Mr. Shine and Mr. Cleveland. As you
stated, this is a variance request for an absorption system to be placed five feet from the west
property line which is adjacent to Rockhurst Road and seventeen point three five feet from the
foundation instead of the twenty feet required for the closest absorption lateral. What’s proposed
is to construct a two bedroom home with a square footage of eight hundred and twenty two
square feet footprint, nineteen hundred and ninety square feet floor area total, one thousand six
hundred and twenty six square feet of gross living area of the residence. The construction of the
house is not going to require any variances and it has been submitted for the Planning Board for
site plan and review; but I should say no zoning variances. The water supply for the existing
residence is lake water, as is adjacent on all sides. I would like to make a couple corrections on
the septic system design notes where it says use trench with two laterals, it should be thirty three
linear foot trenches with eight Eljen units each and also the profile detail should be trench detail
not bed standard trench detail, not standard bed detail. It’s a pretty straight forward design.
We’ve done a shallow stepped system with Eljen units. We are providing the fifty feet, fifty
percent replacement area included in the total build out which gives us sixty five percent more
Eljen units than is required for the number of bedrooms that this house is designed for. It will be
a pump up system with a standard septic tank, thousand gallon septic tank pump station and have
one day’s storage in the holding tank
COUNCILMAN MONTESI- Where’s the expansion area going to be?
MR. CENTER- The expansion area is already built into the system it requires ten Eljen units. We
provided two sixteen Eljen unit trenches, which are both thirty three feet long. So what we’ve
done here is incorporate to try to spread it out and included the fifty percent reserve area into the
actual design for the two bedroom house
SUPERVISOR STEC- Tom, if I could, five feet from the west property line in lieu of the ten
feet; now the west property line is along Rockhurst Road
MR. CENTER- That’s correct, yes. It’s actually seven and a quarter feet from the actual edge of
road and what we’re trying to do there is take the storm water that comes down Rockhurst Road
and get it around the system, put it in a shallow swale and we’ve also routed into, currently it
goes down the property line and straight into the lake. We’ve routed that in our storm water to
the pond and try to get some sedimentation of any of that storm water, take it around and into our
pond and out in that direction. So we try to improve the situation with the construction of this
septic system
SUPERVISOR STEC- Because periodically when we look at these particularly on Rockhurst,
one of the concerns that we have is obviously parking on top of these kinds of systems is never
healthy
MR. CENTER- Correct
SUPERVISOR STEC- So we usually try ask about how the design addresses that and
sometimes it’s as simple as the topography
MR. CENTER- Yea, I pulled it further off the road and tried to use that swale along the edge.
Certainly you could probably place large boulders or decorative stones along the edge of the road
to block that
SUPERVISOR STEC- We’ve gone there before, I’m not sure if we
MR. CENTER- I’m not sure if Highway would appreciate that. I know we had some issues when
we tried to do the curvage
COUNCILMAN BREWER- Only if you pick them up in the fall and put them back in the spring
MR. CENTER- Yea, but that’s why we pulled it back a little bit from the road to try to create
that swale and take care of that storm water
COUNCILMAN STROUGH- What about snow mounding Tom? I mean that is road side
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 309
MR. CENTER- As we’ve stated before it’s not an issue with the snow being on top of the
system, it’s sloped, there’s top soil on top, grass, it’s sloped to drain the storm water off of it and
take it down the swales. This is a step system, continuously slopes to both the swale that takes
water from that high point that you see right outside of the front entrance, around the house and
then you have the swale that’s going to catch it along the roadside; so we’ve accounted for taking
care of any snow melt that occurs on the system
COUNCILMAN STROUGH- Is that the swale that goes down to the septic tank area?
MR. CENTER- It goes down around the septic tank and carries the water around the holding
tank
COUNCILMAN STROUGH- So it goes
MR. CENTER- Yes, so we bring it around the septic tank and then we flatten out and try to
capture it into that
COUNCILMAN STROUGH- I see, so it goes towards the house and then towards that drainage
basin
MR. CENTER- Yes, it comes down around and then it comes around the septic tank to the basin
and the stuff inside the house itself, the house roof, will be captured by gutters and directed to
that inner swale that will take it to the storm water pond
COUNCILMAN MONTESI- Have you found the old septic system?
MR. CENTER- Excuse me?
COUNCILMAN MONTESI- Have you found the old septic system?
MR. CENTER- The old septic system appeared to be closer to the, it would be the east south
east, there’s a section of trees in there, just before it starts to slope away we probed and we
believe we found what is probably a dry well, we did find the septic tank. That’s going to be
removed completely. We did locate the septic tank that actually shows on our removal plan that
we submitted to the Planning Board
COUNCILMAN MONTESI- We had one that was underneath the road
MR. CENTER- Excuse me?
COUNCILMAN MONTESI- We had one at one time
MR. CENTER- Oh, yea we located that, there was a piece of wood over the top of it, we located
that prior to digging our test pit and then from there we kind of probed around and we believe we
found what’s an old dry well; this house has not been used for some time according to some
neighbors so we are not confident at all in the existing system
SUPERVISOR STEC- The new system is farther from the lake than the old system?
MR. CENTER- Yes, the new system is farther from the lake, it’s a shallow absorption system. It
is still into the existing grade, talking with Clark Wilkinson, Paragon Engineering, was the Town
Engineer at the time we did the test pit, we both agreed we wanted to keep this system up on the
loamy fine silty sand area and not go deeper. So that’s why it’s kind of an engineered designs
system with shallower Eljens. We know that we had to deal with the grade and smooth out the
grade over the top of it. The Eljen laterals themselves, as you can see by the detail, are going to
be into the existing grade and then the fill will be over the top and
COUNCILMAN MONTESI- And you provided a sedimentation pond, which is really a nice
feature because the runoff will at least have a chance to be absorbed
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 310
MR. CENTER- Correct, as part of the process to go through site plan review we had to handle
Chapter 147 for the storm water so we’ve reduced the storm water load as per the code
COUNCILMAN STROUGH- Now Tom, you’ve got to go before the Planning Board?
MR. CENTER- That’s correct
COUNCILMAN STROUGH- Now they will also probably going to require a fifteen foot buffer
area, as you know, per the new code
MR. CENTER- Fifteen foot buffer from?
COUNCILMAN STROUGH- The shoreline
SUPERVISOR STEC- The shore
MR. CENTER- From the shoreline, yes; we’ve pulled, that’s why we’ve kept that pond as far as
possible and there is some existing wood line. Certainly, we’ll discuss any additional amenities
that we need to
SUPERVISOR STEC- All right, the public hearing is open is there is any members of the public
that would like to comment on this sewage disposal variance application we just ask that you
raise your hand and I will call on folks one at a time. Mr. Navitsky
CHRIS NAVITSKY, LAKE GEORGE WATERKEEPER- Good evening, a couple of our
comments were addressed by questions from the Board regarding protection of the field and how
that would be protected from parking. One question I have is general regarding the ordinance to
the Board is the Town Code requires sites with rapid soil percolations of three minutes or less be
amended to perk rates of seven to ten minutes. This has got a rather fast perk rate of four, four
and a half minutes but it requires no amending to seven to ten minutes. I’m just wondering if
there was any consideration of that and why you would allow the faster perk rates not to be
amended to the slower ones. Just a general thought, and then if there’s any consideration for
enhanced treatment at the site. Thank you
SUPERVISOR STEC- Thank you. Is there anyone else that would like to comment to the Board
on this application’s variance? Tom, do you want to address the comment?
MR. CENTER- In regards to amending the soils, I believe the three minutes, anything less than
three minutes is addressing when you have the very, very fast, high sands that you see around
Glen Lake where you have fast sands and very little separation issues; here we have none of
those. We did not observe modeling or ground water issues at the time we did the test pit. I
would be opposed to trying to amend the soils into a slower rate, that’s the natural soils, we have
a good perk rate, it’s close to the five minute perk rate, its five to seven. I think you’re getting
into the, the state requires one minutes, the Town has the higher, is trying to meet a higher
criteria with the three minutes, less than three minutes. I think that was around because of the
faster perk rates that you see, maybe in Glen Lake or maybe you have beach sand and you’re
trying and no separation or very little separation to modeling. So I would probably be not
inclined to try amend the soils. As far as enhanced treatment, I think that has been proposed
when we are looking at something that has less than the hundred feet of separation to the lake. In
this case we have the separation to the lake plus we also have the additional Eljen units that
we’re proposing in this system. Along with pumping up, we’re using the whole Eljen, all of both
laterals when we pump up to it. So I think we have some redundancy already built into the
system
COUNCILMAN METIVIER- Can you explain enhanced a little bit to me?
MR. CENTER- Excuse me?
COUNCILMAN METIVIER- Can you explain enhanced a little bit more to me?
MR. CENTER- And?
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 311
COUNCILMAN METIVIER- Enhanced
MR. CENTER- Enhanced treatment would be similar to an aerobic treatment unit or a peat
system, which the peat system we had looked at but in this situation being a sloped site you get
into height issues and cover and we did have that separation. We didn’t have a concern for
ground water or the separation distance from the lake
SUPERVISOR STEC- All right, is there anyone else that would like to comment on this public
hearing? All right, seeing none I will close the public hearing and is there anymore discussion
from the Board?
COUNCILMAN MONTES- I would move the resolution
SUPERVISOR STEC- Okay moved for approval by Councilman Montesi
COUNCILMAN METIVIER- I’ll second
SUPERVISOR STEC- Seconded by Councilman Metivier. Any further discussion? Hearing
none let’s go ahead and vote
RESOLUTION APPROVING JOHN SHINE AND LARRY CLEVELAND’S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 3, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, John Shine and Larry Cleveland applied to the Local Board of Health for
variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance,
Chapter 136 to place a leaching system:
1.5’ from the west property line in lieu of the required 10’ setback; and
2.17.35’ from the house foundation in lieu of the required 20’ setback;
on property located at 90 Rockhurst Road in the Town of Queensbury, and
WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s
official newspaper and the Local Board of Health conducted a public hearing concerning the
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variance request on Monday, February 7, 2011, and
WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 312
1.due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2.the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and are the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
applicants; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves John Shine and Larry
Cleveland’s application for variances from the Sewage Disposal Ordinance to place a leaching
system:
1.5’ from the west property line in lieu of the required 10’ setback; and
2.17.35’ from the house foundation in lieu of the required 20’ setback;
on property located at 90 Rockhurst Road in the Town of Queensbury and bearing Tax Map No.:
227.13-2-39.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 4, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
RESOLVED,
that the Queensbury Board of Health hereby adjourns its meeting and moves back
in regular session.
Duly adopted this 7th day of February, 2011 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 313
ABSENT: None
2.0 PUBLIC HEARINGS
NOTICE SHOWN
PUBLICATION DATE: January 28, 2011
MODIFICATION TO QUEENSBURY VILLAGE MOBILE HOME PARK
SUPERVISOR STEC- The Town Board has been looking at this a little bit over the winter. The
Queensbury Village Mobile Home Park, which is located over there near my neighborhood, over
off Luzerne Road. They’ve got a letter that they’ve sent to us a couple of weeks back applying
for modification and this would require Town Board approval to increase the lot frontage on lot
number twenty one from fifty five feet to a hundred feet and thereby reducing the frontage of the
storage lot by forty five feet. In order to permit tenant to store their miscellaneous vehicles in the
storage lot in the mobile home park. So the mobile home park owner has asked to basically
modify his previously approved plan. It’s a new owner and he wants to use this one lot for
storage of miscellaneous RV type vehicles that are owned by the folks that live in the mobile
home park. So that’s the purpose of the public hearing. If there’s anybody who would like to
comment on this public hearing I will go ahead and open the public hearing. All right, seeing
none I will go ahead and close the public hearing and entertain a motion
RESOLUTION AUTHORIZING MODIFICATION TO
QUEENSBURY VILLAGE MOBILE HOME PARK
RESOLUTION NO.: 70, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board previously approved the Queensbury Village
Mobile Home Park located on Petrie Lane off Warren Lane, Queensbury (Mobile Home Park) and
owned by Sam Wahnon (Owner), and
WHEREAS, by Resolution No.: 102,2008, the Town Board authorized an expansion of the
Mobile Home Park and at that time, as SEQRA Lead Agency, the Town Board determined that
there were no involved agencies for SEQRA purposes, reviewed an Environmental Assessment
Form to analyze potential environmental impacts of the proposed rezoning, considered the
conditions and circumstances of the area affected by the proposed modification, determined that the
modification would not have any significant environmental impact and made a SEQRA Negative
Declaration, and
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WHEREAS, by letter to the Queensbury Town Clerk dated January 19, 2011, the Owner
applied for a modification to the existing plan to increase the lot frontage of lot #21 from 55’ to
100’, thereby reducing the frontage of the storage lot by 45’, in order to permit tenants to store their
miscellaneous vehicles on the storage lot in the Mobile Home Park, and
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 314
WHEREAS, before the Town Board may approve the requested modification, it must first
conduct a public hearing and the Town Board duly conducted such public hearing on Monday,
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February 7, 2011, and
WHEREAS, the Town Board has considered the previous SEQRA finding in relation to
the current proposed modification and affirms such previous SEQRA finding as the proposed
modification does not appear to propose any significant impacts to warrant further SEQRA
review,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves Sam Wahnon’s application
to modify the existing plan by increasing the lot frontage of lot #21 from 55’ to 100’, thereby
reducing the frontage of the storage lot by 45’, in order to permit tenants to store their miscellaneous
vehicles on the storage lot in the Mobile Home Park, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Zoning Administrator
and Code Compliance Officer to take any actions necessary to advise the Owner and effectuate the
terms of this Resolution.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
3.0 PRIVELEGE OF THE FLOOR (LIMIT- 4 MINUTES)
PLINEY TUCKER- Questioned the purpose of Resolution 4.5 entitled, Resolution Setting Public
Hearing on Proposed Local Law to Amend Queensbury Town Code Chapter 61 Entitled,
“Burning, Outdoor”
SUPERVISOR STEC- The Fire Marshal pointed out that there has been changes in the New
York State Regulations for fire code. He wants us to modify our local code to be consistent with
that.
MR. TUCKER- Spoke regarding resolution that involves five hundred thousand that was
transferred from Capital Reserve 64 to Capital Fund No. 1.
SUPERVISOR STEC- It was five hundred thousand and it had to be returned by the end of 2010,
and it was
JOHN SALVADOR- Asked Supervisor Stec if there was anything to report on the proposed Fort
Ann EMS contract?
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 315
SUPERVISOR STEC- Currently looking into it and will be sending a letter to Fort Ann
recommending that they look at considering what was talked about earlier.
MR. SALVADOR- With regards to North Queensbury Volunteer Fire Company, still awaiting
information stating that the Town has approved an accounting procedure where by depreciation
can be used as a cash expense
SUPERVISOR STEC- Our Attorney looked at your letter as did our Budget Officer
MR. SALVADOR- Since this is not part of the Town’s records, I have foiled it from the Fire
Company
SUPERVISOR STEC- These are not Town documents
COUNCILMAN METIVIER- Explained that usually in the first sentence of the audit will
explain what procedures are used
SUPERVISOR STEC- You have received correspondence from the audit company
MR. SALVADOR- I received a letter from the Budget Officer that had the explanation attached
to it from the audit firm. I understand completely what was said in the letter
SUPERVISOR STEC- The Budget Officer believes that she has answered your question at least
once
MR. SALVADOR- I have asked for additional information and awaiting it. The other thing that
he is awaiting from the Fire Company is the information pertaining to the two hundred and
eighty three thousand dollar cash transfer from the volunteer fire company to the fire services
company. Also, spoke regarding water front court action concerning assessments
SUPERVISOR STEC- We are not going to discuss current litigation with you
CHRIS NAVITSKY, LAKE GEORGE WATERKEEPER- Requested the Board look into
comments that were made by a Queensbury Planning Board Member against him and his staff
SUPERVISOR STEC- Explained to Mr. Navitsky that he will look into this
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING GLENS FALLS ROTARY TO CONDUCT
5K RACE TO BENEFIT THE OPEN DOOR MISSION
RESOLUTION NO.: 71, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Glens Falls Rotary has requested authorization from the Queensbury Town
Board to conduct a 5k Race to benefit the Open Door Mission as follows:
SPONSOR: Glens Falls Rotary
EVENT: The 5k
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 316
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DATE : Saturday, April 9 2011
PLACE: Beginning at Haviland Road, right onto Meadowbrook Road,
right to Cronin Road, and right onto Bay Road (Letter and
map showing course is attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Glens Falls Rotary to
conduct a 5k Race to benefit the Open Door Mission within the Town of Queensbury subject to the
Town’s receipt of proof of insurance from the Glens Falls Rotary, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval by the
Town Highway Superintendent, which may be revoked due to concern for road conditions at any
time up to the date and time of the event.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR TOWN COURT IMPROVEMENTS PROJECT
RESOLUTION NO.: 72, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 348,2007, the Queensbury Town Board authorized the
establishment of the Town Court Improvements Capital Project Fund #168, and
WHEREAS, the Town of Queensbury Facilities Manager wishes to advertise for bids for
such building renovations at the Town Court for improved security measures and accessibility, as
will be more clearly specified in bid specifications to be prepared by the Town’s Facilities Manager,
Town Engineer and/or Town Purchasing Agent, and
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 317
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and
award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements
and the requirements set forth in the Town’s bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Purchasing Agent to publish an advertisement for bids for building renovations at the Town Court
for improved security measures and accessibility, in the official newspaper for the Town of
Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to
open all bids received, read the same aloud and record the bids as is customarily done and present
the bids to the next regular or special meeting of the Town Board.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING WASTEWATER DIRECTOR TO
EXECUTE CHANGE ORDER IN CONNECTION WITH SANITARY
SEWER PORTION OF MAIN STREET RECONSTRUCTION PROJECT –
WEST QUEENSBURY SANITARY SEWER DISTRICT
RESOLUTION NO.: 73, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by Resolution No.: 254,2009, the Queensbury Town Board authorized a
Betterment Agreement between the Town and Warren County relating to the County Route 28
(Corinth Road/Main Street/Broad Street) Reconstruction Project – West Queensbury Sanitary
Sewer District, and
WHEREAS, among other things, the Betterment Agreement authorized the Town’s
Wastewater Director to sign Change Orders not exceeding a cumulative total of five-percent
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 318
(5%) of the contract for the wastewater portion of the Project, and
WHEREAS, the Town’s Wastewater Director has advised the Town Board that he has
received a Change Order dated 12/27/2010 for increase and decrease of item quantities necessary
to complete the work required to date to meet actual field conditions and requirements, and such
Change Order is in the amount of $73,579.40 which amount is above five-percent (5%) of the
contract, and
WHEREAS, even with such Change Order, the project cost for the sanitary sewer portion
of the Project is still below the authorized bonding amount, and therefore the Wastewater
Director has requested Town Board authorization to execute such Change Order, and
WHEREAS, the Town Board wishes to provide authorization for such Change Order, a
copy of such Change Order being presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town’s
Wastewater Director to approve and sign the Change Order referred to in the preambles of this
Resolution and upon completion of such work authorized by the Change Order(s), the Town
Board further authorizes payment for these services, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Wastewater Director, 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 7 day of February, 2011, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2010 BUDGET
RESOLUTION NO.: 74, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 319
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 $
001-1990-4400 Contingency 001-1440-4720 Engineering Consultant 10,000
001-1990-4400 Contingency 001-1670-4030 Postage 1,975
001-7020-1020 Rec o/t 001-7110-4823 Facility Repairs 225
001-5010-4820 Uniforms 001-5010-8061 Health Ins Buy Out 32
005-9040-8043-4980 First Aid 005-3410-4401-4980 CPA Audit 670
030-0000-0909 Fund Balance 030-8130-4425 Treatment Charges 4,912
032-8120-4300 Electricity 032-8130-4425 Treatment Charges 4,588
033-0000-0909 Fund Balance 033-8130-4425 Treatment Charges 20,266
035-0000-0909 Fund Balance 035-8130-4425 Treatment Charges 11,459
036-0000-0909 Fund Balance 036-8130-4425 Treatment Charges 152,639
040-9030-8030 Social Security 040-9040-8040 Workers Comp 1,643
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO.: ____ OF 2011 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 61 ENTITLED, “BURNING, OUTDOOR”
RESOLUTION NO.: 75, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law to
amend Town Code Chapter 61 entitled, "Burning, Outdoor” to provide that the Town of
Queensbury’s regulations will be more uniform with regulations issued by the New York State
Department of Environmental Conservation in October of 2009, and
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 320
WHEREAS, such legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and New York State Town Law Article 16, and
WHEREAS, before the Town Board may act on the proposed 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
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Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, February 28,
2011 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 authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning the proposed Local Law in the manner
provided by law.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
ESTABLISHMENT OF WASTEWATER DISPOSAL DISTRICT NO. 1
RESOLUTION NO.: 76, 2011
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury wishes to establish Queensbury Wastewater
Disposal District No. 1 (Rockhurst) (the “District”) to serve properties located on the Rockhurst
peninsula on the east shore of Lake George in accordance with New York Town Law Article 12-
A, and
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WHEREAS, Map, Plan and Report for establishment of the District has been prepared by
David Decker, P.E. of the Lake George Watershed Coalition, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, Part 1 of a State Environmental Quality Review Act (“SEQRA”) Full
Environmental Assessment Form (“EAF”) has been prepared for establishment of the District,
and
WHEREAS, the Queensbury Town Board wishes to be Lead Agency for purposes of the
environmental review required for the project under SEQRA,
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The boundaries of the proposed Wastewater Disposal District are as follows:
All that tract or parcel of land, situate in the Town of Queensbury, County of
Warren and State of New York, and more particularly described as follows:
Beginning at a point on the northerly side of NYS Route 9L, said point being at
the southwest corner of tax parcel 240.5-1-26, thence in a northerly direction,
along the westerly bounds of said tax parcel, 604 feet, more or less, to the
southwest corner of tax parcel 227.17-2-2; thence in a northwesterly direction
along the westerly bounds of tax parcels 227.17-2-2, 3, 4 and 227.17-2-6, 614
feet, more or less, to the northwest corner of tax parcel 227.17-2-6, said point also
being in the southerly bounds of 227.17-2-9; thence in a southwesterly direction
along the southerly bounds of said tax parcel 132 feet, more or less, to the
southwesterly corner of said parcel; thence in a northerly direction, along the
westerly bounds of said tax parcel 168 feet, more or less, to a point in the
southerly bounds of tax parcel 227.17-2-10; thence in a southwesterly direction
along the southerly bounds of said parcel, 98 feet, more or less, to the southwest
corner of said parcel; thence in a northerly direction, along the westerly bounds of
tax parcels 227.17-2-10, 227.17-2-11, and 227.17-2-17 in part, 525 feet, more or
less, to a point, said point being the southeast corner of tax parcel 227.17-2-24;
thence in a westerly direction, along the southerly bounds of said tax parcel, 200
feet more or less to the southwest corner of said parcel; thence in a northerly
direction, along the westerly bounds of said parcel, 150 feet, more or less, to the
northwest corner of said parcel, said point being in the southerly bounds of
Church Road, thence in a westerly direction, along the southerly bounds of
Church Road, and also the southerly bounds of tax parcel 227.17-2-26, 301 feet,
more or less, to the southwest corner of said parcel; thence in a northerly
direction, along the westerly bounds of tax parcels 227.17-2-26 and 227.17-1-60,
456 feet, more or less, to the northwest corner of the last mentioned parcel, said
point also being in the southerly bounds of Rockhurst Road, thence continuing in
a northerly direction, crossing Rockhurst Road, 41 feet more or less, to a point in
the northerly bounds of Rockhurst Road, said point being the southeast corner of
tax parcel 227.13-2-20, thence along Rockhurst Road in a westerly direction 770
feet, more or less to a point, thence along the southwesterly bounds of tax parcel
227.13-2-20, in a northwesterly direction, 48 feet more or less, to a point in the
easterly bounds of Cleverdale Road; thence along the easterly bounds of
Cleverdale Road in a northerly direction, 1,539 feet, more or less, to a point in the
southerly bounds of Fielding Road; thence along the southerly bounds of Fielding
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Road 524 feet, more or less, to a point in the northerly bounds of tax parcel
227.13-2-20, said point being on the shore of Lake George, at the purported high
water mark; thence northeasterly along the purported high water mark, and the
northerly bounds of tax parcels 227.17-2-20, 21, and 22, 959 feet, more or less, to
a point, said point being the southwest corner of tax parcel 227.17-2-23; thence
along the purported high water mark, around the entire peninsula of Rockhurst in
a northerly, easterly, and southerly direction, 4,454 feet, more or less, to the
southerly most corner of tax parcel 227.13-2-57; thence in a generally southerly
direction, along the purported high water mark of the easterly shore of Warner
Bay in Lake George, 4,193 feet, more or less, to a point in the easterly bounds of
tax parcel 240.5-1-26; thence in a southwesterly direction along the easterly
bounds of the remainder of said tax parcel 107’, more or less, to the southeast
corner of said parcel, at a point in the northerly bounds of NY State Route 9L;
thence along the northerly bounds of Route 9L, 460 feet, more or less, to the point
or place of beginning. Containing 85 acres, more or less.
Intending to include all tax parcels within the above described boundaries:
Section 227.9 Block 1 Lots 1 thru 14, Section 227.17 Block 1 Lots 24 thru 60,
Section 227.13 Block 2 Lots 20 thru 59, Section 227.17 Block 2 Lots 2 thru 15,
17 thru 24, and 26, Section 240.5 Block 1 Lot 26.
2. The proposed District services are as follows: providing a management structure
and plan to ensure the timely inspection of individual on-site septic disposal systems to detect
signs of failure and/or malfunction and to optimize the systems’ operating efficiencies through
routine and scheduled pump-out of the system components.
3. The maximum amount proposed to be expended for such services is Two
Hundred Eighty Thousand Four Hundred Fifty Dollars ($280,450) over ten (10) years, with a
maximum annual expenditure of Twenty-six Thousand Two Hundred Dollars ($26,200) after the
first year. The total estimated cost for the first year of operation is $43,900; the Town expects
that grant funds and a 50% subsidy for pump out will total $32,200, resulting in approximately
$11,700 in net cost for the first year.
4. There will be no District hook-up fees.
5. The cost of the District to the typical property, which is a one family home, will
be Ninety-Seven Dollars and fifty cents ($97.50) per year for ten (10) years.
6. The proposed method to be employed for financing the District services is as
follows: (a) $15,000 grant from NYS Department of State, Environmental Protection Fund –
Local Water Front Revitalization Program, via the Lake George Watershed Conference, under
contract to the Town of Bolton, FY 2004 (b) $100,000 grant from NYS Department of
Environmental Conservation, Environmental Protection Fund, round IX, Environmental Quality
Program, via the Lake George Watershed Conference, under contract to the Town of
Queensbury, FY 2006, and (c) equal benefit assessments on properties (excluding the Town’s
parcel) within the proposed District.
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7. A Map, Plan and Report describing the proposed District is on file in the office of
the Queensbury Town Clerk for public inspection.
8. The Queensbury Town Board shall meet at the North Queensbury Volunteer Fire
Company Fire Station, 2663 State Route 9L, Queensbury, New York, on Wednesday, March
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23, 2011, at 7:00 p.m. for the purpose of conducting a public hearing on the proposal to
establish Queensbury Wastewater Disposal District No. 1 (Rockhurst) to provide the services
specified above, at which time and place all persons interested in the subject thereof may be
heard concerning the same.
9. The Town Board hereby authorizes and directs the Queensbury
Town Clerk to send a copy of the EAF and a copy of the Map, Plan and
Report to all potentially involved agencies, together with a letter indicating
that the Town Board wishes to be Lead Agency for coordinated SEQRA
review and that a Lead Agency must be agreed upon within 30 days.
10. The Town Board hereby authorizes and directs the Town of Queensbury
Community Development Department to prepare a report identifying any environmental impacts
it believes should be considered at the time the SEQRA review is conducted.
11. The Town Board hereby authorizes and directs the Queensbury Town Clerk to
duly publish and post this Order not less than ten (10) days nor more than twenty (20) days
before the public hearing date, as required by Town Law §209-d, and complete or arrange for the
securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of
Notice of the Public Hearing required hereby and to file a certified copy of this Order with the
State Comptroller on or about the date of publication.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS –
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WARRANT OF FEBRUARY 8, 2011
RESOLUTION NO.: 77, 2011
INTRODUCED BY: Mr. Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Montesi
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 324
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
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Warrant with a run date of February 3, 2011 and payment date of February 8, 2011,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with the run
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date of February 3, 2011 and payment date of February 8, 2011 totaling $883,493.83, 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.
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Duly adopted this 7 day of February, 2011, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING CONCERNING PROPOSED
LEASE FOR WIRELESS SERVICES BETWEEN TOWN OF
QUEENSBURY, ON BEHALF OF THE QUEENSBURY CONSOLIDATED
WATER DISTRICT, AND VERIZON WIRELESS
RESOLUTION NO.: 78, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Cellco Partnership d/b/a Verizon Wireless (hereinafter "Verizon Wireless")
is a public utility engaged in the provision of personal wireless services, and
WHEREAS, Verizon Wireless has approached the Queensbury Town Board, which acts
on behalf of the Queensbury Consolidated Water District, (hereinafter the “Town”) and
requested permission to lease a portion of land owned by the Town of Queensbury for the benefit
of the Queensbury Consolidated Water District, located off of West Mountain Road and
designated as Tax Map Parcel No.: 295.6-1-1, together with the right to place communications
equipment, utilities and related appurtenances on and around the Town property (the "Proposed
Lease"), and
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WHEREAS, the Proposed Lease is necessary to enable Verizon Wireless to provide
adequate and safe wireless services to the surrounding area, for emergency and nonemergency
use by the general public, and
WHEREAS, pursuant to Section 198(12) of New York State Town Law, the Town Board
wishes to duly conduct a public hearing and hear all interested persons concerning the Proposed
Lease with Verizon Wireless, a copy of which has been presented at this meeting,
NOW, THEREFORE, BE IT RESOLVED
in accordance with the provisions of
Sections 64[2] and 198[12] of the New York State Town Law, as follows:
1)The Town Board shall meet and hold a public hearing at the Queensbury Activities
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Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, February 28, 2011 to
hear all persons interested in the Proposed Lease described above and to take such
other and further action as may be required or authorized by law; and
2)The Town Board authorizes and directs the Queensbury Town Clerk to duly publish
and post a Notice of such Hearing not less than ten (10) days nor more than twenty
(20) days before the public hearing date, as required by Town Law §202-b.
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Duly adopted this 7 day of February, 2011 by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
*DISCUSSION HELD BEFORE VOTE: It was the decision of the Town Board to change the
date of this public hearing from Monday, March 7, 2011 to February 28, 2011.
5.0 CORRESPONDENCE
DEPUTY TOWN CLERK, MELLON- I have the Annual Report for 2010 for
Community Development on file in the Town Clerk’s Office
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN BREWER (WARD 4)-
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Commended our Highway Department for taking such great care of our roads. We have
had a lot of snow and ice this winter and they have done a very good job
COUNCILMAN STROUGH (WARD 3)-
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Attended the Bicentennial Logo Committee Meeting earlier this evening. The winner of
the logo contest was Rachel DelSignore from Glens Falls High School. There were four
REGULAR TOWN BOARD MEETING 02-07-2011 MTG #4 326
runners up: Shelby Backus of Hadley Luzerne, Molly Kunst of Glens Falls, Sophie
Bruno, Lauren Pennock and Peter Valenti of Lake George. Thanked them for their
fantastic submissions.
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Received the monthly newsletter from the Queensbury Senior Citizens. It is full of
activities available to seniors fifty five or older. If you are interested in joining please call
761-8224, or you can go to the website www.seniorsonthego.org
COUNCILMAN MONTESI (WARD 2)-
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Thanked Supervisor Stec for his letter to Mr. Montsour regarding the project at Halfway
Brook near Price Chopper. That project is complete now, the only thing left is
landscaping and paving in the Spring.
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Spoke of how fortunate we are to have West Mountain in Queensbury. It’s a great tourist
attraction and asset to the Town
COUNCILMAN METIVIER (WARD 1)-
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Unfortunately, the Town has not been able to obtain an easement for the Aquatic
Management District for Lake Sunnyside. This is needed to give the Town access to the
Lake and without the easement the Town cannot move forward with the Management
District. He will be reaching out again to anyone on Sunnyside who may be willing to
give the Town an easement. Basically, all the easement would say is that the Town can
have access to the Lake through that individual’s property in order to do the mitigation of
the milfoil. If anyone is interested in helping out please email Councilman Metivier at
ward1@queensbury.net
SUPERVISOR STEC-
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Thanked TV8 and its sponsors for televising these meetings
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Pointed out the Town’s website www.queensbury.net The Town has a good website
thanks to Ryan Lashway in the IT Department
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Commended the our Highway Department on a job well done
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Spoke of a recent article in the Post Star entitled “Former radical to Speak at ACC”. He
has received many phone calls and emails about the article. He will be looking into how
this was funded.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 79, 2011
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 its Regular
Town Board Meeting.
Duly adopted this 7th day of February, 2011, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen M. Dougher
Town Clerk
Town of Queensbury