2012-10-15 Mtg 23 REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 575
REGULAR TOWN BOARD MEETING MTG. # 23
October 15, 2012 RES. 301-314
7:00 PM BOH 27-28
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PRESS
POST STAR
LOOK TV
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
MIKE GENIER, CEMETERY SUPERINTENDENT
MIKE SHAW,WASTEWATER DIRECTOR
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC
SUPERVISOR STEC OPENED MEETING
1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 301,2012
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
Duly adopted this 15th day of October, 2012 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer,Mr. Stec
NOES: None
ABSENT: None
QUEENSBURY BOARD OF HEALTH
WILLIAM BALDWIN SEPTIC VARIANCE APPLICATION
PUBLICATION DATE: OCTOBER 5, 2012
NOTICE SHOWN
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 576
SUPERVISOR STEC-We set this at our last Town Board Meeting. It's for property located at
24 Joshua Rock Road in Queensbury up on Lake George and their seeking four variances for a
new absorption field 72 feet from Lake George in lieu of 100, 73 feet from the well in lieu of
100, three feet from the property line in lieu of 10, and 12 feet from the dwelling in lieu of 20. So
with that said I will open the public hearing and I see that Mr. MacElroy with the owner and I'll
allow you guys to have your first comments and maybe some Q & A with the Town Board
before we take some additional public comment. So the public hearing is open
DENNIS MACELROY- Thank you. I am Dennis MacElroy with Environmental Design,
representing Bill and Cheryl Baldwin the owners of this property at Joshua Rock Road. This is
an old family property in Joshua's Rock compound. As you may know there's a number of
different family owned properties that have actually passed through generations to different
family members as this has. Bill and Cheryl purchased this property in the mid-sixties from
Bill's grandmother. Originally it had been built around the turn of the century, around 1903. A
year ago or so when Irene came through the area there was some tree damage, some blow down
actually, they had damage to their camp as well. One of the things that happened is that one of
tree uprooted and in its removal the tree company had come across what is the drywell or the
leach field area of that existing system, and it got Bill concerned about the condition of it and the
age of it. He had some repairs to that area done, the ground around it but again still concerned
about the condition of the old system, no question about it. The house is served by an old metal
septic tank right on the corner and then as the plan indicates the area of the leach field, which
really turned out to be a laid up block drywell type of situation
COUNCILMAN STROUGH- Is that the circle of stones
MR. MACELROY- Correct, yeah it could be a cement block laid up or even rocks laid up to be a
recipient of the effluent from the septic tank. We did test pits on the site, and a couple different
areas we have constraints from the separation distance to the lake and from a drilled well that's
on the property. So,that in combination with trying to satisfy or be as far from those different
constraints, the well and the lake
COUNCILMAN BREWER- Is the well cased Dennis?
MR. MACELROY- Yes it is. I think at the last meeting Ron asked for some well information
and I think that should have been passed on to everyone by email; the well log and the DEC data
report on that particular well. It's forty feet of casing; the well is five hundred and fifty feet deep.
Not unusual really in that east side of Lake George where the wells are deep and not a lot of
great yield, but they have an active well that was 2003 I guess it was installed/drilled. So now we
have an idea for a replacement wastewater system and it would be an Eljen system, the GSF
(geotextile sand filter system), which we've done a lot of around the lake. It uses less of a
footprint but it results in high levels of treatment before introduction into the soils. So that's what
we feel is the best situation here. We've got that located where we had the best or the greatest
amount of depth to rock. There's rock down there and it varies and we did go over in the area of
the original field and that was shallow, it's really not, it's two to three feet down before you hit
rock. There was a little bit more of a margin in the area that would have proposed the system; so
that's what we're suggesting here but as a result, as you see on the plan, it does require a setback
relief from the lake and from the well and the two others are relatively minor, the property line
setback and the setback to the dwelling, as Dave Hatin indicated to me really may or may not be
applicable because there is no basement to this house, and that's usually where he draws the line
is whether there's a dwelling that requires a setback on what is normally a twenty foot setback.
But, I added it in here since we're here. It was a little bit of a gray area
SUPERVISOR STEC-Well, certainly I think just granting relief from that I think it's an easier
thing to consider relief from something that is not a basement as opposed to a basement
MR. MACELROY- Yeah, there's a crawl space in that area
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 577
SUPERVISOR STEC- I would agree that is of less concern that it would be if there was a
basement
MR. MACELROY- Yes, the two primary requests here are for the relief to the lake and we've
kind of split the difference
COUNCILMAN STROUGH- Well, the good news about the well, actually there two pieces of
good news about the well, 1) it's up gradient and 2) it's kind of a mixed bag but it is bedrock.
I'm going to assume that the bedrock follows the topography, which is that it slopes towards the
water
MR. MACELROY- Correct
COUNCILMAN STROUGH- I was up there at the site today and are you ready for questions
Dennis?
MR. MACELROY- Yes
COUNCILMAN STROUGH- Okay. And I like the E1jen geotextile sand filter two stage with
pretreatment, and at least eljen's proclaiming that it has persistence to it. So, it all sounds good,
the only thing I was just wondering since we are three and a half feet of soil above bedrock, if
and you know how the house is and they just put the new interior of the new porch and the new
post and new ceiling
MR. MACELROY- Correct
COUNCILMAN STROUGH- And they've got the stone patio, and then it slopes down right to
the lake. Were you planning on bringing a little fill in and maybe doing two things
MR. MACELROY- Leveling
COUNCILMAN STROUGH- Leveling it and also giving us a little buffer to the bedrock
MR. MACELROY- Correct, correct
COUNCILMAN STROUGH- I assumed that you were and usually you have those little cut
sheets where you showed, this time you didn't,but that's okay. That's perfect, that's the only
thing that I said if he does that and acts that extra measure, not that, I think you did a good job
engineering it, but with that extra measure of assurance I feel pretty good that this is a
wholesome and good project. The other thing is that cedar shaped place that's not on here, what
is that?
WILLIAM BALDWIN, OWNER- That's the old ice house
COUNCILMAN STROUGH- Oh, is that an old ice house?
MR. BALDWIN- Yes
COUNCILMAN STROUGH- You keeping that?
MR. BALDWIN- Yeah
COUNCILMAN STROUGH- Okay
MR. BALDWIN- Well, we don't use it for an ice house anymore, but I have tools and things in
there
COUNCILMAN STROUGH- Yeah, okay well fine, it wasn't on here and I just wondered what
it was and I figured it was some kind of just usage shed but it had a little history and that's even
more interesting
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 578
SUPERVISOR STEC- Other questions from the Board?
COUNCILMAN MONTESI- Dennis, I visited the site a week ago and I'm delighted to hear an
Eljen system is going in. I would prefer it to be as far away from the well as possible even
though we're down 50 feet with a casing and you've done that and I think with that sophisticated
system even though it's in front and going to be closer to the lake I think it's going to serve us
well. Certainly better than what we've got
MR. MACELROY- Correct
COUNCILMAN MONTESI- So,that's an improvement
MR. MACELROY- Yeah. Just note that one of the reasons I put all of the trees, the significant
trees on the plan, I did that deliberately so that you could see if you hadn't seen the site that
there's significant vegetation there, the trees, significant white pines and what not, and the root
system; and I think of the up take that then results from that as well. So that's another, I can't
point to it in a regulation but in reality it's something that would assist in just the uptake and
treatment of that effluent that is treated through the Eljen system but eventually into the native
soil and works its way toward the lake. That's just the nature of things, the geology and
geography of the situation
COUNCILMAN MONTESI- One of the first times that I had, whenever we do a field study we
are provided with name tag badges, and for the first time one of your neighbors wanted to know
what I was doing there and
SUPERVISOR STEC- They're looking out for you. Well, he can look shady, when he's not
wearing a tie. Other questions from the Board. Okay, the public hearing is open if there's any
members of the public that would like to address... Mr. Salvador
JOHN SALVADOR- Good evening, my name is John Salvador for you record, I'm a resident in
North Queensbury, not to far distant from this project. The project: this project is simply for a
variance, it's got nothing to do with construction of anything. The SEQRA form identifies the
project as a wastewater system, there's no wastewater system being approved here tonight. The
proposed action is for a modification or an alteration; this is an entirely new project, a new septic
system and a new leach field. This is not a modification of anything. Describe the project briefly:
it's the installation of a replacement wastewater system, it is not,this is a variance. I noticed that
the Baldwin's application was addressed to Mr. Hatin, the Town's Director of Building and
Codes. Presumably, this Board has accepted Mr. Hatin's determination that this application is
complete. The plan doesn't have any contours on it, there are no dimensions, these buildings are
not dimensioned from the property lines. The variance is supported by this plan and the plan is
based on a map reference, up in the upper left hand corner if you have your copy. That map
reference is dated January 3, 1903 and is titled a map of a survey of the lands of Sharon Davies
... This map came into question at a previous application in this area, and as it was presented, it
was challenged and determined to be a fraud. That map is a fraud, it is not stamped by Tom
McCormack and he was not conducting surveys in 2003. That map was redone and another
surveyor's put on it. Now I have a map, this is a snippet from that map that was dated January 3,
2003 but this was done in 1982. The title block is gone, don't know where it is. I have here
however, a map I think the Baldwin's can use, it's a map of a survey of a parcel of land made for
Mrs. Blanche Law. I believe that's their predecessor in title and maybe his grandmother, I don't
know. But this was done in and last revised in 1956 and it has a stamp on it, and I don't know
why this can't be used, okay. This was done by John VanDusen, the predecessors to VanDusen
and Steves, it should be available. I will give them the copy I have here. But that reference is not
true and should not stand. The application is made and Mr. MacElroy cover letter he talks about
for modernization of the pre-existing septic system. What section of chapter 136 establishes the
criteria to modernize a septic system, which shows no apparent signs of failure? In addition the
application does not have a septic system certification as required pursuant to town code chapter
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 579
179, section 179-3-040 paragraph A5E. Said code requires that regardless of the use that
applicants for development activities in a waterfront residential zoning district shall produce for
an existing septic system, a professional engineer's certification attesting to the fact that the
septic system is in compliance with existing standards and not causing pollution to the ground
water. We don't have such a certification here and if we can't than there's maybe reason for this
septic system to have been in a failed condition. The components of the existing septic system
have been sited, they're on the map here, the steel septic tank is sited and a drywell seepage pit is
sited. The drywell must be functioning all right; test pits in the area of the drywell show no
ground water down to three feet. However, the 50 year old steel septic tank should be replaced.
The replacement of a steel tank with that of concrete tanks is something Mr. Dave Hatin has
approved repeatedly in our neighborhood without variance application. I've got two neighbors
that put concrete septic tanks in place of steel tanks and they didn't need any variances, they just
got a permit and did it. That would represent the minimum variance and least disturbance in this
particular case. The proposed design is for a four bedroom dwelling whereas the Town
Assessor's records show this 20 foot by 40 foot two story building to be harboring five
bedrooms. This factor would require an increase in the infiltration capacity. In addition, a
photograph in the Assessor's files shows an accessory structure close to the northwest corner of
the building, about in the area where that steel tank is. Consideration should be given for
whatever we do here, for decommissioning and removal of the old system, the tank and the field,
removal of it and disposal of it. This was a condition we required for the San Souci if you
remember. That was a condition they had. The date that this project is going to be put in, there
should be a time specified. This is a problem we're getting into with the San Souci, they got a
permit to do these great, marvelous, wonderful things, three and a half years have gone by and
they still haven't done it, and there doesn't seem to be explanation why. So we should have a
commitment when is this work going to be done. When do they need the variance?Also, are
these permits transferrable, these variances transferable?
SUPERVISOR STEC-Variances travel with the property
MR. SALVADOR- How can the Town issue a variance request herein if such a grant may
increase the risk of pollution?You have asked the applicant to sign a waiver holding the Town
harmless from any potential pollution as a result of granting this variance. If that's the case, the
variance shouldn't be granted, if there's the slightest chance of pollution of Lake George we
should not be granting variances. We should find a way to do what we want to do without a
variance. Now I submit that looking at this plan if they simply move this proposed location of the
septic tank to the rear of the building, somewhat in the area of where the existing tank is. That
would accomplish two things; they could take out the old tank, dispose of all the material and
have a hole left to put the new tank in. They'd have all that area there where the existing field is;
we want to remove that anyway because it is contaminated. We'd have all that area to put this
system in and we wouldn't have to encroach on the lake. We don't have to worry about the well,
that's encased and this location here to the north of the building wouldn't be any closer to the
well. I think we are obligated to grant the minimum variance we have to. In this case there's no
reason to grant any variance for anything other than that replacement of that septic tank.
Everything else seems to be working all right.
SUPERVISOR STEC- All right, thank you Mr. Salvador. Is there anyone else that would like to
address the Board on this public hearing? Any further discussion from Town Board Members?
COUNCILMAN MONTESI- Well,just to the question that Mr. Salvador raised, when will the
work be done and will the old field and old tank be removed
COUNCILMAN BREWER- I think it's a requirement of our code isn't it, to remove
SUPERVISOR STEC- Dennis
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 580
MR. MACELROY- Thank you. It's the owner's intent to try to have the work done this season
certainly, and if scheduling with contractors and what not then it would be in the spring. So if
you would want to assign a date to it, I would say by June 1St of 2013. Typically in a situation
like this the tank, the old septic tank would be dug up and removed, pumped, dug up and back
filled. Now it's an old metal tank, it's probably paper thin and would probably be crushed and
removed. So that's not a significant operation. Leach fields themselves are to my knowledge
rarely removed when they can be left in place. Now if that became a condition I think certainly
the owner would consider that. I don't find it necessary, it's something ... the areas
contaminated. It's been the recipient of wastewater effluent over the years but that doesn't
necessarily contaminate the soil, in time inactivity will help, let's say, remediate the soil. So
there's not a requirement in your standards or any town standards that I know of that requires a
leach field area to be removed. I won't say that it isn't done at times, particularly when you're
building over that same area, but in that case we aren't proposing to do that so I would suggest
that it just be left in place, with the one provision, if it's something that had any structural tank
type effect where the top to a drywell or something could collapse, then that is something that
should be filled in. So, as I'm thinking out loud here I guess I would say that we would, while
the excavator is there, that we would excavate the top of it and then just backfill that so that
there's no chance of a void being, but it's my understanding it's relatively shallow in the order
MR. BALDWIN- It's shallow and it's constructed, it has two cast concrete slabs on top of it
COUNCILMAN STROUGH- Is that the one that has the little pile of rocks on the top of it
MR. BALDWIN-No,no,no. That's simply gray water from the kitchen sink
COUNCILMAN STROUGH- Is that going to be eliminated?
MR. MACELROY- Yes, all discharge will go to the new system
COUNCILMAN STROUGH- When are you going to install it?
MR. MACELROY- Well, ideally it would be this fall, this season before the winter close in, but
it's a matter of getting this approval, and let me just clear another thing up here procedurally.
What you have is a variance plan, it's not necessarily the design plan that then Dave Hatin's
office gets and acts on. It's 90% of that, or that variance plan is 90% of the design plan. But,
there's other information that we would provide on the design plan, which would go with the
septic disposal permit application, what you have before you is a variance plan and a variance
application. So there's more detailed information that maybe John is thinking is lacking
COUNCILMAN BREWER- What detail would we get besides what we have?
MR. MACELROY- Well, there would be more information about the design and details of the
septic tank and details of the leach field area that John was referring to before
COUNCILMAN STROUGH- Did you... five bedrooms or four
MR. BALDWIN- The way I understood it, you've got to have a closet to have a bedroom. There
is one small room that has no closet and we don't use it very much
COUNCILMAN STROUGH- Well, you may want to go to the Assessor's Office and maybe get
a reduction on your taxes
MR. BALDWIN- Well, I just found out about that
COUNCILMAN STROUGH- All right, its four bedroom
MR. BALDWIN- Yes
COUNCILMAN STROUGH- And how extensively are you planning on redoing the building?
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 581
MR. BALDWIN- We're not changing the building any
COUNCILMAN STROUGH- I mean if you do change it someday, it's got to stay four bedrooms
or less
MR. BALDWIN-No, I understand that
COUNCILMAN STROUGH- Okay
MR. BALDWIN- We have no plans of remodeling
COUNCILMAN STROUGH- Okay, okay thank you. Dennis, I'm sure you considered putting it
to the north side
MR. MACELROY- Yes we did test pits over there and it was just too shallow to bedrock
COUNCILMAN STROUGH- Okay
MR. MACERLY- To consider that in terms of where the proposed septic tank would be adjacent
to the house. The reason we don't put it right back where the other one is is because it doesn't
meet the 10 foot separation, that would have been another variance. We could put the tank closer
to the house if that would, but it would involve another variance
COUNCILMAN STROUGH- Yeah and if you put the infiltration field over there it's going to be
even closer to the well
MR. MACELROY- Correct, it's sort of splitting the difference of trying to be
COUNCILMAN STROUGH- Yeah well like you said I think it's a good plan, especially when
you're going to put in a little additional fill, giving us a little additional buffer, a little bit more
filtration; and I still feel satisfied. I thought John brought up some very good points, but even
after consideration of his points I think the system that you're proposing to us is probably the
best
SUPERVISOR STEC-Any other questions from the Board? Any other public comment?Mr.
Salvador
MR. SALVADOR- Thank you. The answer to Mr. Brewer's question is you will not see it again.
You grant this variance tonight, the construction plans go before Mr. Hatin
SUPERVISOR STEC- Right
MR. SALVADOR- Doesn't need any variance nothing, got to get a building permit. The other
thing is if this is considered new construction and it definitely is new, it's definitely new, every
element of this is new; you need 200 foot setback from the lake. Mr. Strough, 200
COUNCILMAN STROUGH- Yeah, but this isn't new construction. The building is established
MR. SALVADOR- This septic system is the subject
COUNCILMAN STROUGH- Well yeah, but everybody's septic system is new every 20 years or
so
MR. SALVADOR- Well, you have to meet the new code
COUNCILMAN STROUGH-No
MR. SALVADOR-No, our poor lake, the poor lake
COUNCILMAN STROUGH-No, we try to do the best job we can
MR. SALVADOR- Mr. Brewer,you won't see it again
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 582
SUPERVISOR STEC-Any other public comment on this public hearing?All right I will close
this public hearing and what does the Board want to do, I'll entertain a motion
COUNCILMAN STROUGH- I'll introduce
SUPERVISOR STEC- Bob, there's no SEQRA. Introduced by Councilman Strough, Seconded
by Councilman Metivier, any discussion? Do we want to add the June 1St completion
contingency?
TOWN COUNSEL, ROBERT HAFNER- Sure. That seemed to be relevant to the Board
SUPERVISOR STEC- John, do you want to add June 1St as a contingent condition
COUNCILMAN STROUGH- Yes, that's fine
SUPERVISOR STEC- Tony are you fine with that amendment.
COUNCILMAN METIVIER-Yes
SUPERVISOR STEC- Okay, so amend that to say to be completed by June 1St, 2013. Any other
discussion, hearing none let's go ahead and vote.
RESOLUTION APPROVING WILLIAM BALDWIN'S APPLICATION FOR SANITARY
SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 27, 2012
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, William Baldwin filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new absorption
field:
1. 72' from Lake George instead of the required 100' setback;
2. 73' from the well instead of the required 100' setback;
3. 3' from the property line instead of the required 10' setback; and
4. 12' from the dwelling instead of the required 20' setback;
on property located at 24 Joshua Rock Road in the Town of Queensbury, and
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 583
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
variance requests on Monday, October 15th,2012, 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, 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 is the minimum variances 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 William
Baldwin for variances from the Sewage Disposal Ordinance to install a new absorption field:
1. 72' from Lake George instead of the required 100' setback;
2. 73' from the well instead of the required 100' setback;
3. 3' from the property line instead of the required 10' setback; and
4. 12' from the dwelling instead of the required 20' setback;
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 584
on property located at 24 Joshua Rock Road in the Town of Queensbury and bearing Tax Map No.:
239.19-1-6, contingent upon the applicant digging up and removing the old tank, with such
construction to be completed by June 1 st, 2013.
Duly adopted this 15th day of October, 2012, 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 28, 2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back
in regular session.
Duly adopted this 15th day of October, 2012 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
REGULAR TOWN BOARD MEETING
2.0 RESOLUTIONS
RESOLUTION SETTING PUBLIC HEARING ON YEAR 2012 EMERGENCY
AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
NORTH QUEENSBURY RESCUE SQUAD,INC.
RESOLUTION NO.: 302, 2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 585
SECONDED BY: Mr.Anthony Metivier
WHEREAS, in accordance with Town Law §184, the Queensbury Town Board may
contract with ambulance services certified or registered in accordance with Public Health Law
Article 30 for general emergency ambulance service within the Town, and
WHEREAS, the Agreement currently in effect between the Town of Queensbury and the
North Queensbury Rescue Squad, Inc. (Squad) expired on December 31, 2011, and
WHEREAS, the Town and the Squad have negotiated terms for a new one (1) year
Agreement for general emergency ambulance services, and
WHEREAS, in accordance with Town Law §184, the Town Board wishes to set a public
hearing concerning the proposed 2012 Agreement for emergency ambulance service,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning
the proposed 2012 emergency ambulance services Agreement between the Town of Queensbury
and the North Queensbury Rescue Squad, Inc., on Monday,November 5th, 2012 at 7:00 p.m., and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days
prior to the Public Hearing.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Brewer,Mr. Stec,Mr. Metivier,Mr. Montesi,Mr. Strough
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 586
NOES: None
ABSENT: None
RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH DBA
GRAYCOURT MOTEL AND THOMAS J.MC DONOUGH LAW OFFICE'S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136—
SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 303, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners
situated within a sewer district and located within 250' of a public sanitary sewer of the sewer
district to connect to the public sewer facilities within one(1)year from the date of notice, and
WHEREAS, Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law
Office (the McDonoughs) have applied to the Town Board for a variance/waiver from §136-44, as
the McDonoughs have requested a continuing waiver and/or permanent relief from the Town's
connection requirements to connect the Graycourt Motel and Law Office properties to the Town of
Queensbury's Route 9 Sewer District for the reasons set forth in the McDonough's September 20t1i,
2012 letter and application presented at this meeting,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, November
5t1i, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 587
Marianne McDonough dba GrayCourt Motel and Thomas J. McDonough Law Office (the
McDonoughs)'s sewer connection variance/waiver application concerning the properties delineated
in the preambles of this Resolution and located at 1082 and 1088 State Route 9, Queensbury (Tax
Map No.'s: 296.9-1-8 and 296.9-1-9), and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to
send the Notice of Hearing presented at this meeting to the McDonoughs as required by law.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Stec, Mr. Metivier,Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF DANIEL W.BURTON AS MOTOR
EQUIPMENT OPERATOR IN HIGHWAY DEPARTMENT
RESOLUTION NO.: 304, 2012
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury's Highway Superintendent wishes to fill a vacant
Motor Equipment Operator (MEO) position due to the transfer of former MEO Scott Jarvis to the
Town's Water Department, and
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 588
WHEREAS, the Highway Superintendent posted availability for the position, reviewed
resumes, interviewed interested candidates and wishes to make an appointment, and
WHEREAS, funds for such position have been budgeted for in the 2012 Town Budget,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Daniel W.
Burton to the full-time Union position of Motor Equipment Operator (MEO) in the Town's
Highway Department effective on or about October 16 ', 2012, and
BE IT FURTHER,
RESOLVED, that such appointment shall be contingent upon Mr. Burton's successful
completion of a pre-employment physical as required by Town Policy, drug and/or alcohol
screening, any applicable Civil Service requirements, an eight (8) month probation period, and the
Town successfully completing a background check as reasonably necessary to judge fitness for
the duties for which hired, and
BE IT FURTHER,
RESOLVED, that Mr. Burton shall be paid the hourly rate for the MEO position as
delineated in the Town's current Agreement with the Civil Service Employees Association, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Highway Superintendent and/or Town Budget Officer to complete any documentation and take such
other and further action necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 589
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr.Metivier,Mr. Montesi,Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOTS IN PINE VIEW
CEMETERY FROM LOUIS AND KATHLEEN MAIOCCO
RESOLUTION NO.: 305,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury Cemetery Commission previously sold two (2)
cemetery lots in the Pine View Cemetery to Louis and Kathleen Maiocco — Plot No.'s: 22A and
28D, Seneca Section, and
WHEREAS, by letter dated October 3rd, 2012,the Cemetery Commission has recommended
re-purchase of the lots and requests approval of the re-purchase from the Town Board,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery
Commission's re-purchase of two (2) lots in the Pine View Cemetery from Louis and Kathleen
Maiocco—Plot No.'s: 22A and 28D, Seneca Section, for the amount of$1,333.33, and
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 590
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to
arrange for the payment of such amount to Louis and Kathleen Maiocco and properly account for
the sales in the Town's books and records.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec,Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON
TOWN OF QUEENSBURY 2013 PRELIMINARY BUDGET
RESOLUTION NO.: 306, 2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town
of Queensbury and its Districts for the fiscal year beginning January 1,2013, and
WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a
public hearing,
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 591
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury
Preliminary Budget for 2013, comprised of statements of appropriations and estimated revenues, a
copy of which is attached and made a part of this Resolution, and
BE IT FURTHER,
RESOLVED, that copies of the 2013 Preliminary Budget for the Town of Queensbury shall
be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall
be available for inspection by interested persons during regular business hours, and
BE IT FURTHER,
RESOLVED, that the Town Board will conduct a public hearing on Thursday, November
8�', 2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all
interested persons will be heard concerning the Town's Preliminary Budget, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108,
such Notice to be substantially in the following form:
NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE
TOWN OF QUEENSBURY FOR THE YEAR 2013
NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County
of Warren, State of New York for the Fiscal Year beginning January 1, 2013, which includes the
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 592
S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's Office where it is
available for inspection by any interested person during normal business hours.
FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public
hearing on Thursday, November 8th, 2012 at 7:00 p.m. at the Queensbury Activities Center, 742
Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons
concerning the Preliminary Budget.
AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the
proposed salaries of Town of Queensbury elected officials for Year 2013 are as follows:
TOWN SUPERVISOR 67,276.
TOWN COUNCILPERSON(4) 17,382.
TOWN CLERK 66,442.
TOWN HIGHWAY SUPERINTENDENT 67,161.
TOWN JUSTICES (2) 42,969.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Strough,Mr. Brewer, Mr. Stec,Mr.Metivier,Mr. Montesi
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING APPLICATION FOR FUNDS FROM
NEW YORK STATE OFFICE OF CHILDREN &FAMILY SERVICES
RESOLUTION NO.: 307, 2012
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 593
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director) has
advised the Queensbury Town Board that the Town is again eligible to apply for funds from the
New York State Office of Children & Family Services (OCFS) relating to Town recreation
programs, and
WHEREAS, the Director has requested Town Board authorization to prepare a funding
application in the amount of $3,000 for youth recreation programs eligible for matching
reimbursement from OCFS through the Warren County Youth Bureau,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Director of Parks and Recreation to prepare the application for recreation funds from the New York
State Office of Children & Family Services and the Town Supervisor to execute such funding
application, and
BE IT FURTHER,
RESOLVED, that in the event that the Town does receive such recreation funds, the Town
Board further authorizes and directs the Town Budget Officer to amend the Town Budget by
increasing Revenue Account No.: 001-0000-53820 (Youth Program) and Operating Account No.:
001-7110-4824(Recreation Programs)by the amount of$3,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Parks and Recreation Director and/or Town Budget Officer to take any other action necessary to
effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 594
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Metivier,Mr. Montesi, Mr. Strough
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX,INC.
SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND
SUPPORT SERVICES FOR 2012/2013 AND PROVISION OF 2012 STANDARD YEAR
END SERVICES
RESOLUTION NO.: 308, 2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX,
INC. Service Award Program Specialists to provide administration and support services during
2012/2013, and the 2012 standard year end administration services for the Town of Queensbury's
Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in
PENFLEX's Service Fee Agreement presented at this meeting, and
WHEREAS, PENFLEX will provide these services for a total estimated cost of$13,145,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 595
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
engagement of PENFLEX, INC. to provide administration and support services during 2012/2013
and the 2012 standard year end administration services for the Town of Queensbury's Volunteer
Firefighter Service Award Program for a total estimated cost of $13,145, to be paid from the
appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
execute the agreement with PENFLEX, INC. substantially in the form presented at this meeting and
the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 15th day of October, 2012 by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING AWARD OF BID FOR NEW REPLACEMENT
TRACTOR FOR TOWN CEMETERY DEPARTMENT
RESOLUTION NO.: 309, 2012
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 596
WHEREAS, in accordance with Resolution No.: 291,2012, the Town of Queensbury's
Purchasing Agent duly advertised for bids for the purchase of a new compact tractor to replace an
obsolete 1987 Mitsubishi tractor in the Cemetery Department as set forth in bid specifications
prepared by the Cemetery Superintendent and/or Purchasing Agent, and
WHEREAS, on October 10t1i, 2012, the Purchasing Agent duly received and opened all
bids, and
WHEREAS, the Town Cemetery Superintendent and Purchasing Agent have
recommended that the Town Board award the bid to the only and therefore lowest, responsible
bidder, John Stokowski and Sons, Inc., for the amount of$13,407,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the
purchase of a new compact tractor for use by the Cemetery Department from the only and
therefore lowest, responsible bidder, John Stokowski and Sons, Inc., for the amount of$13,407,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment for such
tractor shall be from Misc. Equipment Account No.: 002-8810-2001, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to transfer $13,407 from Health Insurance Account No.: 002-9040-8040 to Misc.
Equipment Account No.: 002-8810-2001, amend the 2012 Town Budget, make any other
adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate
all terms of this Resolution, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 597
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Cemetery Superintendent Purchasing Agent and/or Town Budget Officer to take any and all
action necessary to effectuate the terms of this Resolution.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough,Mr. Brewer,Mr. Stec
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2012 BUDGET
RESOLUTION NO.: 310, 2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
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 2012 Town Budget as follows:
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 598
From To
Code Appropriation Code Appropriation $
001-3120-1010 Wages 001-3120-4400 Misc. Contractual 250
001-1990-4400 Contingency 001-3510-4400 Misc. Contractual 1,750
001-1990-4400 Contingency 001-3510-4410 Fuel 2,000
001-3620-4090 Training 001-3410-4090 Training 310
001-3620-4090 Supplies 001-3410-4010 Supplies 210
040-9060-8060 Health Insurance 040-8310-4131 Town Counsel 7,500
Computer
040-8320-4300 Electricity 040-1680-2032 Software 3,700
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Montesi,Mr. Strough, Mr. Brewer,Mr. Stec,Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS—
WARRANT OF OCTOBER 16TH,2012
RESOLUTION NO.: 311,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of October l lt1i, 2012 and a payment date of October 16th, 2012,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of October 1 lth, 2012 and a payment date of October 16th,2012 totaling $320,133.90, and
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 599
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Budget Officer to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 15th day of October, 2012,by the following vote:
AYES: Mr. Strough,Mr. Brewer, Mr. Stec,Mr.Metivier,Mr. Montesi
NOES: None
ABSENT: None
3.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES)
PLINEY TUCKER- Asked Councilman Brewer to check out the property at the corner of
Pinewood and Corinth Road, it's beginning to look like a junkyard with all the cars.
COUNCILMAN BREWER- Has looked into this before and even sent Mr. Hatin over
there. Mr. Hatin made a visit and said everything was legal. There happens to be more
than one family living there. When driving by tonight, noticed at least five or six cars out
there; will put another call into Mr. Hatin regarding this matter.
JOHN SALVADOR- Spoke regarding the situation with the San Souci's septic system.
COUNCILMAN STROUGH- Asked Mr. Salvador if he submitted his concerns to Mr.
Hatin?
MR. SALVADOR- Yes
COUNCILMAN STROUGH- Will speak with Mr. Hatin regarding this subject
4.0 CORRESPONDENCE
DEPUTY TOWN CLERK MELLON- The Supervisor's Report for Community
Development/Building and Codes for the month of September on file in the Town
Clerk's Office.
5.0 TOWN BOARD DISCUSSIONS
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 600
COUNCILMAN BREWER- Received an email from a concerned citizen regarding
traffic issues on Sherman Avenue and Veterans Road. Will contact Highway
Superintendent, Mike Travis concerning this.
COUNCILMAN STROUGH-
• Announced that Dr. Marilyn VanDyke recently received a proclamation from the Capital
Regions Archives Committee.
• Received three notices from the Senior Citizens. Recently they had a Gala and get
together where they honored Frances Dean who was one of the original founders of the
Queensbury Senior Citizens.
• Every month the Queensbury Post sends out a newsletter and it has a monthly calendar.
They are doing things every day. This Saturday, October 20th,here at the Activities
Center, there will be an arts and crafts fair from 9am until 3pm. Also on November 3rd
The Queensbury Senior Citizens will be a sponsoring a dinner dance at the Queensbury
Hotel. Anyone 55 or older interested in becoming a member should call 761-8224.
COUNCILMAN MONTESI- Spoke regarding and article in the Post Star about the new
exit 19 diner that will be opening mid-November and will be employing approximately
50 people.
COUNCILMAN METIVIER-Nothing to report
SUPERVISOR STEC-
• A reminder of the Town's website www.queensbury.net. There is a lot of information
there.
• Thanked Look TV and our sponsors for televising these meetings
• Thanked the Department Heads and Budget Officer for all their hard work on the budget
so far.
RESOLUTION ENTERING EXECUTIVE SESSION
RESOLUTION NO.312,2012
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 from Regular
Session and moves into Executive Session to discuss a current litigation matter.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Brewer, Mr. Stec,Mr. Metivier,Mr.Montesi,Mr. Strough
NOES: None
ABSENT: None
RESOLUTION ADJOURNING EXECUTIVE SESSION
RESOLUTION NO.313,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
REGULAR TOWN BOARD MEETING 10-15-2012 MTG#23 601
SECONDED BY: Mr.Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive
Session and moves back into Regular Session.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Stec, Mr. Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer
NOES: None
ABSENT: None
No action taken during executive session.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 314,2012
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 adjourns its Regular
Town Board Meeting.
Duly adopted this 15th day of October, 2012, by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough,Mr. Brewer, Mr. Stec
NOES: None
ABSENT: None
Respectfully Submitted,
Darleen M. Doughier
Town Clerk
Town of Queensbury