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2011-11-21 MTG #30 REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 939 TOWN BOARD MEETING MTG. # 30 November 21, 2011 RES. 334-347 7:00 PM BOH 37-40 TOWN BOARD MEMBERS PRESENT SUPERVISOR DANIEL STEC COUNCILMAN ANTHONY METIVIER COUNCILMAN RONALD MONTESI COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STEC OPENED MEETING 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 334, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED , that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 21 day of November, 2011 by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AUGSTELL AND JAMES AUGSTELL NOTICE SHOWN PUBLICATION DATE: November 11, 2011 SUPERVISOR STEC- This is to allow the installation of a new thirty five hundred gallon replacement holding tank system serving cottages with one bedroom and two bedrooms respectively and their seeking for three additional variances from Chapter 136. First, this placement of holding tanks one foot from the south property line in lieu of 10 feet, placement of sewer lines one foot from the cottages in lieu of 10 feet and installation for fill for the holding tanks with less than 50 foot radius such relief to be from Chapter 136 11-D-18, which restricts mounding over holding tanks. The property is located at 38 Dean Road in Queensbury. With that said I will open the public hearing and I guess Mr. Center you’re the applicant’s agent? TOM CENTER, NACE ENGINEERING- Yes SUPERVISOR STEC- Good evening REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 940 MR. CENTER- Good evening; Tom Center, Nace Engineering. As Mr. Stec said we’re looking to install a new holding tank system for a total of three bedrooms; there’s a one bedroom cottage cabin on the top and a two bedroom cottage on the lower portion. We are going to install a sewer ejector pump down for the lower two bedroom pump up to the hold tank system. We’ve asked that it be open ended whether or not, we’re not sure depending on rock, whether or not we’re going to run gravity or have to pump from the upper cabin to the holding tanks also. We have quite a bit of bedrock that we’re dealing with that’s why we’ve also asked for the option to place fill over the tanks. If we can get these down into the ground as deep as they need to be we will not be placing any fill over the top of them; but we know we have rock that’s going up as you go towards the north property line. So, that’s why we’ve asked for that variance. We’ve done a few test pits, we didn’t get into the existing system so we don’t know exactly what we’re going to find when we get there but we know we have at least four and a half feet of cover COUNCILMAN MONTESI- Can’t be good MR. CENTER- Yea, we’ve got a lot of rock COUNCILMAN MONTESI- Tom, I have a question for you, why are we looking at this? When I went out to look at this property I passed a sign that said you are entering Washington County. Are you sure this is in Queensbury? MR. CENTER- This is in Queensbury COUNCILMAN MONTESI- Ok SUPERVISOR STEC- The road curves back in. Dean Road is in Queensbury COUNCILMAN STROUGH- Yea, I see that you’re digging around the area in back of that two bedroom cabin where it says porch, holes are dug back there I see plywood over it. MR. CENTER- That’s where the existing system is now, which may be a metal tank that’s rotted out or a seepage pit. We don’t know the exact extent of it. It’s an older facility COUNCILMAN STROUGH- Then there was a pole over on the north side with some heating tape MR. CENTER- Yes, that’s that existing, there’s an existing seepage pit that’s down there. That’s where we are going to actually put the ejector pump in to pump up to the holding tanks COUNCILMAN STROUGH- Okay MR. CENTER- So we’re removing something that’s very close to the lake that’s probably right on top of bedrock, and we’re encasing that, we’re going to put concrete on the bottom of that, put the plastic pumps station in right there. This will have several connections to solenoid valves in case there are any issues with the pump system it will shut off the water to the SUPERVISOR STEC- So there will be shut offs and alarms MR. CENTER- Yes, shut offs and alarms. I’ve been going through it with the installer at length, trying to figure out how to do this COUNCILMAN BREWER- What happens in case of a power outage? It shuts down MR. CENTER- It’s going to shut the water off as well as the pump station COUNCILMAN BREWER- Okay MR. CENTER- So, both of them cannot be used until the power comes back on or they are connected to power COUNCILMAN MONTESI- Tom, how wide is this lot? REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 941 MR. CENTER- It’s about 30 feet I believe COUNCILMAN BREWER- 29.96 MR. CENTER- That’s down to the lake side and it’s about 30 feet on the top side, 30.36 at Dean Road SUPERVISOR STEC- All right the public hearing is open if there is any members of the public that would like comment on this public hearing I just ask that you raise your hand and I will call on folks one at a time. Just state your name and address into the microphone, these microphones not only amplify but they record. Is there’s any members of the public that would like to comment? Any other discussion by Town Board Members? COUNCILMAN STROUGH- No, they can’t get this in fast enough SUPERVISOR STEC- All right. If there is no comment from the public I will close the public hearing and I will entertain a motion from the Board RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR JOHN AUGSTELL AND JAMES AUGSTELL RESOLUTION NO.: BOH 37, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, John Augstell and James Augstell filed an application to the Local Board of Health for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, to allow installation of a new 3,500 gallon replacement holding tank system serving cottages with one bedroom and two bedrooms respectively, and WHEREAS, the applicants also applied for three (3) additional variances from Chapter 136 to allow: 1.placement of the holding tanks one foot (1’) from the south property line in lieu of the required ten feet (10’) setback; 2.placement of the sewer lines one foot (1’) from the cottages line in lieu of the required ten feet (10’) setback; and 3.installation of fill for the holding tanks with less than a 50’ radius, such relief to be from §136-11B-18 which restricts mounding over holding tanks; on property located at 38 Bean Road in the Town of Queensbury, New York, and REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 942 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 st variance requests on Monday, November 21, 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 1.due to the nature of the variances, it is felt 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 is 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 the application of John Augstell and James Augstell for a variance from the Sewage Disposal Ordinance to allow installation of a 3,500 gallon replacement holding tank system and three (3) additional variances to allow: 1.placement of the holding tanks one foot (1’) from the south property line in lieu of the required ten feet (10’) setback; 2.placement of the sewer lines one foot (1’) from the cottages line in lieu of the required ten feet (10’) setback; and 3.installation of fill for the holding tanks with less than a 50’ radius, such relief to be from §136-11B-18 which restricts mounding over holding tanks; on property located at 38 Bean Road in the Town of Queensbury, New York and bearing Tax Map No.: 227.10-1-20. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 943 ABSENT: None PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DONALD MARSHALL NOTICE SHOWN PUBLICAITON DATE: November 11, 2011 SUPERVISOR STEC- This is for property located at 101 Fitzgerald Road Extension in Queensbury and let me see here, all property owners have been notified within 500 feet. The variance that’s being sought is to install holding tanks beneath the parking area due to steep slopes and the lack of available space for conventional system. So, that’s what their seeking from the Town is a variance for that. I will open the public hearing and gentlemen if you would like to introduce yourselves please TOM HUTCHINS, HUTCHINS ENGINEERING- Good evening I’m Tom Hutchins, Hutchins Engineering; with me is Mr. Marshall, property owner. He has owned this property since the mid 1960’s, this is similar to the last application this is a pump up to a holding tank setup. This lot is just over 6000 square feet in total size and much of that area is very deep. This is really the only reasonable option for a compliant wastewater system on this part of …. There is a wastewater system in place that is not in failure, however it’s somewhat of a mystery and it’s rather close to the lake and this will help us improve that SUPERVISOR STEC- What’s the distance that the holding tanks will be from the lake? MR. HUTCHINS- They will be 55 feet SUPERVISOR STEC- And we always ask the question, but the holding tank design is such that there are alarms and shut offs associated with levels MR. HUTCHINS- There are alarms and water system shut off’s, yes. Usually there is a contact closure on the panel that the pump power is run through SUPERVISOR STEC- Right. Questions from Board Members? John COUNCILMAN STROUGH- This is right at the end of Fitzgerald Road MR. HUTCHINS- Correct COUNCILMAN STROUGH- Who owns the big three car garage right at the end of the road? There’s no house that seems to be associated with it or anything MR. HUTCHINS- That’s the neighbor’s garage, that parcel that wraps COUNCILMAN STROUGH- Oh, okay and theirs is enveloped by that MR. HUTCHINS- Yes COUNCILMAN MONTESI- My only question, this is terrific for the health of the lake, but I question when I drove there, I just questioned how a septic truck will get in there and get out. I don’t think you can turn around DONALD MARSHALL- They’ve been there COUNCILMAN MONTESI- Have they, okay that’s all I need to know MR. HUTCHINS- They’ve been there and I’ve been there in the last month with an installer COUNCILMAN STROUGH- Chances are that they will have to do what I did, go up near that three car garage I talked about and do a three-point turn there REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 944 MR. HUTCHINS- And that’s what you have to do COUNCILMAN MONTESI- Yea MR. MARSHALL- They back out sometimes COUNCILMAN STROUGH- And that’s all public road up to that garage MR. HUTCHINS- That is private road COUNCILMAN STROUGH- But they have an easement, right of way MR. HUTCHINS- Yes, they have right of way COUNCILMAN STROUGH- Yea, so when guests come that’s where they park I suppose, up there. Now who owns the particle wood shed, tool shed, is that theirs? MR. HUTCHINS- That’s the Marshall’s yes COUNCILMAN STROUGH- No, this is easy to convince me that a holding tank is the only thing here, that you could possibly do and it will be better than what’s there, looking at the steepness of the slope and the proximity it’s got to be better SUPERVISOR STEC- All right, the public hearing is open if there is any members of the public that would like to comment on this public hearing, again I just ask that folks raise their hand I will call on people COUNCILMAN MONTESI- Mr. Hutchins one of the questions that I have and this is just in general. We sit here, we go out as Town Board Members and as the Department of Health and look at these sites and make a decision that obviously this is a much better scenario than a septic system that might be failing is but how often, I mean is this going to be a seasonal home and how often does the owner have to pump this? MR. HUTCHINS- This is a seasonal home and it will be most likely be two to three times a year COUNCILMAN MONESI- Okay, I’m just trying to get a feel of how expensive it is to because the alarm is going to shut it off so you’ve got to COUNCILMAN STROUGH- Well, it’s probably a couple of hundred dollars every time they come. A new septic system would cost what probably $12,000 so that’s a lot of years of COUNCILMAN METIVIER- What does something like this cost versus a septic system? MR. HUTCHINS- In a situation where we have to go to holding tanks it’s generally much less expensive than any septic system you could dream up would be. These aren’t cheap, they’re big tanks, they’re traffic rate tanks, they’re heavy tanks, there’s pumping involved. I mean this isn’t an inexpensive alternative but it’s really the only COUNCILMAN BREWER- Pretty much the only alternative SUPERVISOR STEC- All right, any public comment? Seeing none I will close this public hearing and I’ll entertain a motion from the Board RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE FOR DONALD MARSHALL RESOLUTION NO.: BOH 38, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 945 SECONDED BY: Mr. Tim Brewer WHEREAS, Donald Marshall filed an application to the Local Board of Health for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, to allow installation of holding tanks beneath the parking area due to steep slopes and lack of available space for a conventional system on property located at 101 Fitzgerald Road Ext., in the Town of Queensbury, New York, 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 st variance request on Monday, November 21, 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 1.due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Donald Marshall for a variance from the Sewage Disposal Ordinance to allow installation of holding tanks beneath the parking area due to steep slopes and lack of available space for a conventional system on property located at 101 Fitzgerald Road Ext., in the Town of Queensbury, New York and bearing Tax Map No.: 289.14-1-28. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 946 ABSENT: None SUPERVISOR STEC- All right, now we just need to set one public hearing. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ANGELO AND RITA MOLINARO RESOLUTION NO.: BOH 39, 2011 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, Angelo and Rita Molinaro have applied to the Local Board of Health for variances from Chapter 136 to: 1) allow a septic tank to be placed 36’ from the well in lieu of the required 50’ setback; and 2) install a 500 gallon tank in lieu of the required 1,000 gallon tank in accordance with 75A.6 Table 3 of the New York State Department of Health Appendix 75A Wastewater Treatment Standards, on property located at 24 Sunset Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public th hearing on Monday, December 5, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Angelo and Rita Molino’s sewage disposal variance application concerning property located at 24 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19- 1-7) 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. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 947 NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 40, 2011 INTRODUCED BY: Mr. Anthony Metivier 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 21st day of November, 2011 by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 PUBLIC HEARINGS SUPERVISOR STEC- We do have one public hearing tonight and I’ll let Rose read the public hearing in. We won’t be taking action on this tonight; this hasn’t been reviewed by the Warren County Planning Board yet, not anticipating any problems but just from a process perspective it needs to go through their process. What we’ll do is we will conduct the public hearing, take any comment there may be, we will leave the public hearing open and we will revisit this probably visit this at our second meeting in December; that is when we’ll have what we need to have from Warren County and then at that point we’ll conclude the public hearing and perhaps take action that evening. So, there won’t be action on it tonight. AMENDING ZONING LAW TO CHANGE CLASSIFICATION OF PROPERTIES OWNED BY GARY AND SUSAN HIGLEY AND CHARLES AND BARBARA SEELEY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO COMMERCIAL INTENSIVE (CI) AND ENACTING LOCAL LAW NO.___ OF 2011 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” NOTICE SHOWN DATE OF PUBLICATION: November 10, 2011 NO PUBLIC COMMENT- NO ACTION TAKEN 3.0 RESOLUTIONS RESOLUTION APPOINTING JUDITH GORALSKI TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO.: 335, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 948 SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Recreation Commission due to the resignation of former member Doug Irish, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Judith Goralski to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Judith Goralski to the Town of Queensbury Recreation Commission, to fill the unexpired term of Doug Irish, such term to st expire on December 31, 2012. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2011 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO INCREASE ANNUAL CHARGES FOR ALL TOWN OF QUEENSBURY SANITARY SEWER DISTRICTS RESOLUTION NO.: 336, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2011 to amend Queensbury Town Code Chapter 136, Article XXIV entitled “Establishment of Sewer Rents," which Local Law would modify the quarterly sewer rent rates in all Town of Queensbury Sanitary Sewer Districts, with the new rates to be applied to the first quarterly bill of 2012,and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and General Municipal Law Article 14-F, and REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 949 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 th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 5, 2011 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2011, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: __ of 2011 in the manner provided by law. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF BOLLAM, SHEEDY, TORANI & CO., LLP, CPA’S TO AUDIT STATEMENTS OF CASH RECEIPTS AND DISBURSEMENTS FOR FISCAL YEARS ENDING ST DECEMBER 31, 2011, 2012, 2013, 2014 AND 2015 RESOLUTION NO.: 337, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Town of Queensbury’s Budget Officer requested quotes for professional auditing services for the years ending 2011 - 2015, and WHEREAS, the Purchasing Agent received, evaluated and ranked the two (2) received proposals and the Town Budget Officer and Purchasing Agent have recommended that the Town Board accept the proposal of Bollam, Sheedy, Torani & Co., LLP, CPA’s (BST), as BST submitted the lowest proposal, REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 950 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Bollam, Sheedy, Torani & Co., LLP, CPA’s (BST) to provide cash receipts and disbursement auditing services to the Town of Queensbury for the years ending December 31, 2011, 2012, 2013, 2014 and 2015 at a cost, per year, of: ? Up to $25,300 – 2011 ? Up to $26,100 – 2012 ? Up to $26,950 – 2013 ? Up to $27,800 – 2014 ? Up to $29,650 - 2015 to be paid for from the appropriate account(s) as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING RELEASE OF ESCROW FUNDS TO AMEDORE LAND DEVELOPERS, LLC IN CONNECTION WITH DEDICATION OF BEEKMAN PLACE, BOGART COURT AND POLLAZZO COURT IN HAVILAND ROAD SUBDIVISION RESOLUTION NO.: 338, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 280,2007 the Queensbury Town Board authorized the dedication of Beekman Place, Bogart Court and Pollazzo Court (roads) in the Haviland Road Subdivision and at the time of dedication, Amedore Land Developers, LLC provided the Town with REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 951 a $46,000 cash escrow to ensure completion of the roads, such sum to be held in escrow in accordance with the terms of an Escrow Agreement, and WHEREAS, as required by the Escrow Agreement, the Town deposited the $46,000 in an interest bearing account, and WHEREAS, the Town’s Highway Superintendent has advised the Town Board that the roads have been completed to the Highway Superintendent’s satisfaction in accordance with the Escrow Agreement, and therefore has requested that the monies held by the Town be released, and WHEREAS, the Town Board wishes to therefore authorize the refund of funds currently held in escrow to the Developer as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the return of escrow funds to Amedore Land Developers, LLC in connection with the dedication of Beekman Place, Bogart Court and Pollazzo Court (roads) in the Haviland Road Subdivision, which sum shall be the amount of $46,000 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF KEVIN MULCAHY FROM WATER MAINTENANCE WORKER II TO WATER MAINTENANCE WORKER I RESOLUTION NO.: 339, 2011 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 952 WHEREAS, the Town of Queensbury’s Water Superintendent has recommended that the Town Board authorize the promotion of Kevin Mulcahy from Water Maintenance Worker II to Water Maintenance Worker I at the Town’s Water Department, and WHEREAS, the Water Superintendent has advised that Mr. Mulcahy has passed the “in- house” written and oral test for the position and has demonstrated capability in all Water Department equipment, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Kevin Mulcahy from Water Maintenance Worker II to Water Maintenance Worker I at the Town nd Water Department effective on or about November 22, 2011 at the rate of pay specified in the Town’s CSEA Union Agreement for the position for the year 2011, and BE IT FURTHER, RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of November, 2011 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING 2012 RENEWAL CONTRACTS FOR EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH EMPIRE BLUE CROSS BLUE SHIELD AND DELTA DENTAL RESOLUTION NO.: 340, 2011 REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 953 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Empire Blue Cross Blue Shield and for employee dental insurance with Delta Dental, and WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated renewal contracts for the year 2012 with Empire Blue Cross Blue Shield and Delta Dental, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal contracts for the year 2012 with Empire Blue Cross Blue Shield and Delta Dental with the 2012 monthly premiums to be as follows: TWO MEDICARE MEDICARE MEDICARE INDIVIDUAL PERSON FAMILY INDIVIDUAL 2-PERSON FAMILY PPO 649.28 1893.10 1896.68 596.41 1188.63 1845.44 EPO 598.60 1745.04 1748.62 549.85 1095.48 1701.44 DENTAL 32.84 79.20 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute future renewal contracts with Empire Blue Cross Blue Shield and/or Delta Dental without the need for additional Town Board Resolution provided that such contracts do not provide for any changes to the percentage of employee contributions toward monthly premiums and/or copays, and BE IT FURTHER, RESOLVED, that in the event that surcharges or fees are mandated or imposed on the Town’s health insurance policies that are beyond the Town’s control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 954 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY WILLIAM WHITE AND LISAMARIE WHITE RESOLUTION NO.: 341, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, William White and Lisamarie White (Petitioners) previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury concerning their residential property at 63 Masters Common North in Queensbury, more specifically identified as Tax Map No.: 290.13.-1-9 (the Property) for the year 2008, and WHEREAS, the parties have had discussions regarding the settlement of these cases, and the Town Assessor has recommended a settlement proposal to the Town Board, and the Town Board has reviewed the case with Town Counsel, and WHEREAS, it is anticipated that the Queensbury Union Free School District will approve the proposed settlement, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 955 RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 assessment case brought against the Town of Queensbury by William White and Lisamarie White in 2008 as follows: 1.The assessed value of the Property on the Town of Queensbury’s final assessment roll for 2008 shall be reduced from $429,700 to $379,700; and 2.The assessed value of the Property on the Town of Queensbury’s final assessment roll for 2009 shall remain unchanged at $429,700; and 3.The assessed value of said Property on the Town of Queensbury’s final assessment roll for 2010 shall remain unchanged at $379,700; and 4.The assessed value of said Property on the Town of Queensbury’s final assessment rolls for 2011 shall remain unchanged at $351,400; and 5.The assessed value of said Property on the Town of Queensbury’s final assessment roll for 2012 shall be $351,400, if no improvements are made to the Property before March 1, 2012; and BE IT FURTHER, st RESOLVED, if any improvements are made to the Property before March 1, 2012, the Assessor shall be authorized to increase the assessment accordingly, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds, with interest if ordered by the Court, within sixty (60) days after service upon the Warren County Treasurer of the Order approving settlement with Notice of Entry, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 956 ABSENT: None RESOLUTION AWARDING BID FOR SENIOR CITIZENS TRANSPORTATION TO WARREN-HAMILTON COUNTIES ACEO, INC. - COMMUNITY ACTION AGENCY RESOLUTION NO.: 342, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury duly advertised for bids for the Transportation Services for the Queensbury Senior Citizens for the year 2012, and WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has offered to provide such Transportation Services for the amount of $22,000, and WHEREAS, the Town’s Purchasing Agent and Town Clerk have recommended that the Town Board award the bid to the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency, the only and therefore lowest, responsible bidder, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the contract for the Transportation Services for the Queensbury Senior Citizens for the year 2012 to the Warren- Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of $22,000 to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer, Accountant and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING 5K RUN TO BENEFIT CAMP COMFORT REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 957 RESOLUTION NO.: 343, 2011 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit Camp Comfort as follows: SPONSOR : Adirondack Runners EVENT : 5k Road Race/Walk rd DATE : Saturday, December 3, 2010 TIME : 9:00 a.m. PLACE : Beginning and ending at Adirondack Community College (Email Letter delineating course is attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Adirondack Runners Club to conduct a 5k Road Race/Walk within the Town of Queensbury to benefit Camp Comfort on rd Saturday, December 3, 2011 subject to the Town’s receipt of proof of insurance from the Adirondack Runners, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent’s approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2011 BUDGET RESOLUTION NO.: 344, 2011 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 958 SECONDED BY: Mr. John Strough 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 2011 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-3620-4090 Training 001-3410-4110 Vehicle Repair 117 001-3620-4090 Training 001-3410-4410 Fuel 261 001-3620-4090 Training 001-3410-4090 Training 100 001-9060-8060 Health Insurance 001-3620-4400 Misc Equipment 7,500 001-9060-8060 Health Insurance 001-7110-4400 Misc. Contractual 8,200 001-7110-1010 Rec Wages 001-7110-4400 Misc. Contractual 1,500 001-7110-1010 Rec Wages 001-7110-4418 Bus Transportation 500 001-7110-1010 Rec Wages 001-7110-4824 Rec Programs 3,500 004-5110-4620 Paving Materials 004-5140-4009 Tree Removal 12,000 031-8120-4400 Misc. Contractual 031-8130-4521 Sewage Treatment 200 031-8130-2899 Capital Construction 031-8130-4521 Sewage Treatment 500 134-1990-4417 Contingency 134-9730-7030 BAN Interest 7,540 st Duly adopted this 21 day of November, 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 SALE OF OBSOLETE VEHICLES AND EQUIPMENT RESOLUTION NO.: 345, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 959 WHEREAS, the Town’s Highway Superintendent has declared certain vehicles and equipment as surplus, as follows: Item Description Asset Tag No. Serial No. 1990 Chevrolet 1-Ton Truck 2913 1GBHC34K6LE209035 1990 International Dump Truck 2619 1HTGBZ3R8LH244981 1987 Ford LTS 9000 Truck 1605 1FDZY90X3HV153982 1990 International Dump Truck 2618 1HTGBZ3R6LH244980 2-Van Awnings, 15’ x 8’ each, from used truck purchase (Asset No. 8954) and WHEREAS, the Highway Superintendent advised Town Departments of the surplus vehicles and equipment and received no requests from the Departments for the surplus vehicles and equipment and therefore has requested Town Board authorization to sell the surplus vehicles and equipment by using auction company GovDeals to dispose of such surplus, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the sale of the Town Highway Superintendent’s vehicles and equipment that are no longer needed by the Town or obsolete, as follows: Item Description Asset Tag No. Serial No. 1990 Chevrolet 1-Ton Truck 2913 1GBHC34K6LE209035 1990 International Dump Truck 2619 1HTGBZ3R8LH244981 1987 Ford LTS 9000 Truck 1605 1FDZY90X3HV153982 1990 International Dump Truck 2618 1HTGBZ3R6LH244980 2-Van Awnings, 15’ x 8’ each, from used truck purchase (Asset No. 8954) and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company, GovDeals, to sell/dispose of the surplus vehicles and equipment and authorizes and directs the Town Supervisor to execute any needed Agreement with such company in form acceptable to the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue accounts in accordance with the Queensbury Town Code and Laws of the State of New York, and REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 960 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent, Town Highway Superintendent and/or Town Counsel to take such further action as may be necessary to effectuate the terms of this Resolution. st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS – ND WARRANT OF NOVEMBER 22, 2011 RESOLUTION NO.: 346, 2011 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 presented as a thnd Warrant with a run date of November 17, 2011 and a payment date of November 22, 2011, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run thnd date of November 17 and a payment date of November 22, 2011 totaling $516,738.43, 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. REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 961 st Duly adopted this 21 day of November, 2011, by the following vote: AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES: None ABSENT: None 4.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) JOHN SALVADOR- ? Spoke to the Board regarding a rescue squad contract with the Town of Fort Ann now that there is a new Supervisor. Councilman Metivier explained that he and Councilman Brewer will be working on that budget and will make sure that that issue gets addressed. ? Spoke regarding the Crandall Library budget ? Recently submitted a letter regarding the Highway Superintendent undertaking improvements of Dunham Bay Road. There is a lot of work to be done with regards to storm water issues. 5.0 CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- The following letter was submitted and read into the record: Dear Dan and Mike Travis, Just a quick note regarding the drainage project on Lester Drive/Applehouse Lane Queensbury. Chuck Garb and his crew did a super job from start to finish- they acted professionally and courteously. Our questions were answered and our concerns addressed. At project completion, the property appearance was much improved. We’ve since sold our house and finally made the move to Lake George, so we won’t be there to realize any results to the drainage. I think the project was a positive factor in selling our home. Thanks to all those who helped facilitate the job and thanks to chuck and his crew for a job well done! Please pass our appreciation to those involved. Sincerely, Joe & Suki Seybolt 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER- Wished everyone a safe and Happy Thanksgiving COUNCILMAN STROUGH- Also wished everyone a safe and Happy Thanksgiving COUNCILMAN MONTESI-Will be spending Thanksgiving with this son and four grandchildren working at the Christ/Methodist Church on Bay and Washington Street for the Hometown dinner. COUNCILMAN METIVIER- ? Spoke of Lawrence Millington, Jr. who has recently passed away. He was the known as the “bottle man”, often seen around Glens Falls and Queensbury collecting bottles. Over the years he had collected approximately 3.8 million bottles and made roughly $190,000. ? Spoke regarding Queensbury possibly spearheading blue laws in which retail stores cannot be opened on Thanksgiving, allowing employees to be with family. REGULAR TOWN BOARD MEETING 11-21-2011 MTG #30 962 SUPERVISOR STEC- ? Wished everyone a Happy Thanksgiving ? Congratulated Board Members on their re-election and looks forward to working with everyone again RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 347, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21st day of November, 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