2012-11-05 Mtg 25 TOWN BOARD MEETING MTG. #25
NOVEMBER 5, 2012 RES. 317-327
7:00 p.m.
TOWN BOARD MEMBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER-Absent
TOWN OFFICIALS
TOWN COUNSEL BOB HAFNER
DIRECTOR OF WASTEWATER MIKE
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
1.0 PUBLIC HEARINGS
1.1 Public Hearing on 2012 Emergency Ambulance Service Agreement Between Town
of Queensbury and North Queensbury Rescue Squad, Inc.
NOTICE SHOWN
PUBLICATION DATE: 10-22-2012
Supervisor Stec-We had set this public hearing not too long ago at one of our Board Meetings, it
is not a typo, this is just for 2012. For the last ten months we have been operating under
provision of the expired contract that allows us while we are in negotiations with the Rescue
Squad or working out a contract to continue to pay them on their last one, one twelfth of last
years contract per month. It provides for continuity of funding in the event. Tony had been
working on that and at the end of the day though Tony and I sat down and I think we cleared up
a miss-understanding that was getting in the way. What we did decide to do, this has already
been reported in the Post Star, but we decided to have a one year contact to get us through
2012 and then that will bring them in line with an opportunity for them. One of the remaining
issues remains to be paid staffing and the future of that as far as adequate coverage verses call
volume. Some squads have a much greater call volume than other squads here in the town.
How to best to allocate and spread that resource. It was left in the conversation that Tony and I
had with North Queensbury that they were going to talk to their neighbor Bay Ridge about
possibilities of sharing or pooling certain parts of their paid staffing. That is something that
they are looking to do and when that would happen and I do not think that they have
necessarily had that conversation with each other yet. But, the expectation was that was
something that would go into place in 2013. So, in the mean time because we had gone
through most of 2012 without not having a contact we felt that lets at least get the numbers
settled on a contract. Their contract goes up a little bit for 2012 over 2011, 1 do not have a
math directly in front of me, but it is in the neighborhood of two and a half percent. The grand
total for North Queensbury Rescue Contract for 2012 would be two hundred and fifty thousand
dollars. Now obviously we have already paid them the lion share of that in the first twelve
months of the year so what would happen upon execution of the contract they would get the
balance owed them up to the two hundred and fifty thousand dollars. So, again this is a one
year contact for North Queensbury Rescue Squad and with that said I will open the floor. The
public hearing is open if there is any members of the public that would like to comment on this
public hearing for the EMS Contract for North Queensburyjust raise your hand and I will call on
you one at a time and when you get to the microphone please state your name and address.
For the record these microphones not only amplify but they do record for the purpose of our
record.
Councilman Montesi-I had the opportunity to talk to Kim who is the assistant to the new
Supervisor in Fort Ann. She wanted us to resend the letter where we asked for I think twenty
five hundred dollars for the coverage that we give up in Fort Ann's part of Lake George, Pilot
Knob.
Supervisor Stec-I do not recall that we ever asked or suggested a specific dollar amount but
certainly if they are saying that they would like to send a letter.
Councilman Montesi-Well, I did.
Supervisor Stec-You did.
Councilman Montesi-I resubmitted the letter but I told her what we were thinking. She was
going to put it in the budget. If you did you send the check to Queensbury but we will issue it
directly to North Queensbury.
Supervisor Stec-Lets ask that question Bob, we have been talking about this with North
Queensbury for a while and I think we all had the sense on our Town Board that we thought it
was the right thing for North Queensbury to get some sort of funding from people that they are
providing most of the protection for on the Fort Ann side up there near the lake.
Councilman Montesi-They make twenty calls a year.
Supervisor Stec-They do not get a lot it is not a huge portion and there is bill for, the insurance
billing but with that said though, as far as just mechanically how would you recommend that we
structure. Should North Queensbury Rescue Squad just have their own contact with Fort Ann?
Town Counsel Hafner-If they send it to us, that this is to go to and we accept it on restricted
rules we can turn it over to them. But they need to restrict it specifically in their letter. The
best way is for them to contract because it is North Queensbury that is agreeing to provide the
service to that part of the Town of Fort Ann.
Councilman Montesi-Well, they have been.
Councilman Strough-But we have to authorize that.
Supervisor Stec-We do have to authorize that kind of agreement between them and Fort Ann if
they wanted to. I think
Town Counsel Hafner-For mutual Aid?
Supervisor Stec-In our contact ... how about this it seems to me that Fort Ann has indicated a
willingness to compensate either directly or indirectly
Town Counsel Hafner-If they give it to us with a letter telling us how we get it then we can turn
it over to them.
Councilman Strough-It says on Section 4 that contracts or otherwise bill those municipalities for
services provided so long as copies of any contacts proposed to be entered into by the
emergency squad are delivered to the Queensbury Town Clerk and authorized by resolution of
the Queensbury Town Board.
Town Counsel Hafner-Thank you John, I forget that we put that in there.
Councilman Montesi-At this point though the Rescue Squad has not been asking for this of Fort
Ann, we have.
Supervisor Stec-Except we had told the Rescue Squad they should be talking to Fort Ann and
they didn't but we have.
Town Counsel Hafner-Either way is fine it is just that they are going to give it to us and it is
going to go through Town Fund then it's got to be given to us on specific terms you know
restricted gift terms.
Supervisor Stec-We will reach out to them and see how they want to structure it and we will
involve Bob on it.
Town Counsel Hafner-We can easily make that work.
Supervisor Stec-That is encouraging news and I had forgotten to mention that. Any public
comment on this public hearing? (No one spoke) I will close the public hearing.
RESOLUTION APPROVING YEAR 2012 EMERGENCY AMBULANCE
SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
NORTH QUEENSBURY RESCUE SQUAD, INC.
RESOLUTION NO.: 317,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
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 31St,2011,and
WHEREAS, the Town and the North Queensbury Rescue Squad, Inc., have negotiated terms for a
new one(1)year Agreement for general emergency ambulance services,and
WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on Monday,
November 5th, 2012 the Town Board duly conducted a public hearing and heard all interested persons
concerning the proposed Agreement for emergency ambulance services,and
WHEREAS,a copy of the proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Year 2012 Emergency
Ambulance Services Agreement between the Town and the North Queensbury Rescue Squad, Inc.,
substantially in the form presented at this meeting,and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to execute the
Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action
necessary to effectuate the terms of this Resolution.
Duly adopted this 5th day of November,2012,by the following vote:
AYES Mr.Metivier,Mr.Montesi,Mr. Strough,Mr. Stec
NOES : None
ABSENT: Mr.Brewer
2.0 HEARINGS
2.1 Hearing on Marianne McDonough DBA Graycourt Motel and Thomas J.
McDonough Law Office's application for Variance/Waiver Request From Sanitary Sewer
Connection requirement set forth in Town Code Chapter 136-Sewers and Sewage Disposal
Supervisor Stec-We had set this at a previous Town Board Meeting and we have done a lot of these
in the past and I know that the Board recalled when we set this hearing date for tonight, last years
discussion. Then I guess since then Mike Shaw communicated to us and he is in the audience that
one of the items that we had discussed was that the Town's desire to have at least the office get
connected to the Town Sewer and I guess a recent development and Tom, correct me certainly if I
miss speak, that they have applied for a permit and so they anticipate making a connection in the
near future. I think that was one of our concerns. Clearly I think everything that we said last time
Tom probably still holds true, in an ideal world we would like to get everyone connect but we are
also trying not to be overly heavy handed about it if there is not pressing, failing issue or whatever
we have not held anyone's feet to the fire. I appreciate you working with the Town to at least
connect that office in the near future. But, I thought I would make sure that the Town Board was
aware of that, Mike told us that earlier. With that said, does the Board have any questions of Mr.
McDonough on this application for the sewer variance the waiver?
Councilman Montesi-The only question that I have, these are two separate parcels the office and the
motel and because Tom has been faithful in coming before us for the variances through the years
and now he is going to hook up the office I would just assume leave the motel. I do not want Tom
to have to keep coming back for a motel, let's leave it until he sells the property or until he is no
longer the owner of it. At that point then the new owner will have to hook it up if it is going to be a
motel or...
Supervisor Stec-We have been going one or usually one year or occasionally two years.
Town Counsel Hafiier-Sometimes we have gone two.
Supervisor Stec-We have not done more than two,we could go to two or upon sale.
Councilman Montesi-We could go to five if the
Councilman Metivier-Why don't we go to five or upon sale.
Supervisor Stec-Can we Bob, I am not opposed to but I thought somewhere we limited to two. We
are not limited?
Town Counsel Hafiier-I thought that was in our Code but if it is not
Attorney McDonough-there is nothing in the Code
Supervisor Stec-Mike and you are both agreeing
Town Counsel Hafiier-If it is not in our Code then it is a Town Board decision.
Councilman Metivier-Why don't we do the five years or until the property is sold.
Supervisor Stec-That is fine,I can live with that.
Attorney McDonough-I guess my question is
Supervisor Stec-Tom please grab
Attorney McDonough-Thomas J. McDonough 28 Twicwood Lane, Queensbury, New York I guess
my question is what do I do in five years?
Councilman Montesi-We are saying five years or until the property is sold.
Attorney McDonough-Or until it is sold, ok.
Supervisor Stec-Or you could come back in five years if you still own it and you come back and ask
for another,we have been making you do it once a year we could give you some slack.
Attorney McDonough-If we are still around we would probably own in it five years if not our
children would probably own it.
Councilman Montesi-But we said or until it is sold.
Councilman Metivier-But if in five years you haven't sold the property come back and ask for
another request and we will look at it again.
Town Counsel Hafiier-That is to save you having to come back every year.
Supervisor Stec-It will cut yourtime by a factor of five.
Attorney McDonough-That will be fine. With respect to my law office the permit was granted and
according to the contractor it should be in within the next couple of weeks.
Supervisor Stec-You will get it in this season then, I was not sure if you were talking spring or
Attorney McDonough-No, it is going to be done this fall.
Supervisor Stec-Thanks, Tom.
Attorney McDonough- The issue which won't be any different five years from now if I were still
alive, all things being equal,
Supervisor Stec-Be an optimist.
Attorney McDonough-is that the problem with trying to hook up on the other side has so much
involved and complicated with it and it makes it cost prohibited.
Councilman Montesi-That is why we were kind of walking away from it and saying ok you have
done the due diligence on this and let's see what happens. I mean five years from now you may find
somebody that comes in and wants to put in a mini Wal-Mart in there.
Attorney McDonough-If I come back five years from now and we are still here and all things being
equal..
Town Counsel Hafiier-I think that is a long time from now, I think you would have to let that Board
decide it.
Supervisor Stec-Obviously unless there is a failure.
Attorney McDonough-That is another issue we have to address at that time.
Supervisor Stec-I am comfortable with that, is the Board comfortable with that? (Board agreed)
Town Counsel Hafiier-I have penned out a few changes to the resolution because I also saw he had
applied for the permit after we did the resolution and was issued. I just wanted to go over them in
case you want me to, to make sure it makes sense. The last Whereas on the first page it says the
Town Clerk's Office mailed a notice of hearing to McDonough's and they conductive that variance
then we would add a Whereas after that; Whereas, on November 2nd 2012 the McDonough's
received a permit to sanitary sewer service to connect the law office building to the town's sanitary
sewer system. Then you just make changes in the first Resolved we are changing one year
extension to five year extension and then it would be, or until sold if sooner and then in the second
to the last Resolved, I will read the whole thing; RESOLVED, that this resolution is contingent
upon the applicant actually connecting the law office building to Town Sewer I was going to ask
you what day in 2012 but he says it will be done this year so I put by December 31, 2012.
Town Board agreed to the changes.
RESOLUTION APPROVING MARIANNE MCDONOUGH DBA
GRAYCOURT MOTEL AND THOMAS J. MCDONOUGH 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.: 318, 2012
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
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) 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 2e,
2012 letter and application, and
WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the McDonoughs and
the Town Board conducted a hearing concerning the variance/waiver request on Monday,
November 5th, 2012, and
WHEREAS, on November 2"d, 2012, the McDonoughs received a permit to Sanitary Sewer
Service to connect the law office building to the Town's Sanitary Sewer System,
NOW, THEREFORE,BE IT
RESOLVED,that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be materially
detrimental to the purposes and objectives of Queensbury Town Code Chapter 136
and/or adjoining properties or otherwise conflict with the purpose and objectives of any
plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on the applicants; and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough dba
GrayCourt Motel and Thomas J. McDonough Law Office (the McDonoughs)'s application for a
variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers
required" and hereby grants the McDonoughs a five (5) year extension of time or until sold, if
sooner, in which to connect their properties located at 1082 and 1088 State Route 9, Queensbury
(Tax Map No.'s: 296.9-1-8 and 296.9-1-9) to the Town of Queensbury's Route 9 Sewer District,
provided that if there is any change in property use, increase in septic use or additional bathroom
facilities added, then such variance shall immediately terminate unless the Queensbury Town Board
reviews and approves a new application for a variance/waiver, and furthermore, if the septic system
has been determined to fail or is modified by the Applicant, or if ownership of the property is
transferred, then the variance is terminated as well and the property must connect to the Route 9
Sewer District,
BE IT FURTHER,
RESOLVED, that RESOLVED, that the McDonoughs shall pay all charges due as if their
properties were connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that this Resolution is contingent upon the applicant actually connecting the
law office building to Town Sewer by December 31st,2012, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
Duly adopted this 5th day of November, 2012 by the following vote:
AYES : Mr. Montesi, Mr. Strough,Mr. Stec,Mr. Metivier
NOES : None
ABSENT: Mr. Brewer
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING ESTABLISHMENT OF
HIGHWAY GARAGE REPAIRS CAPITAL PROJECT FUND #194
RESOLUTION NO.: 319, 2012
INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as
the Highway Garage Repairs Reserve Fund No. 62 for future capital projects,and
WHEREAS, in accordance with New York State General Municipal Law §6-c(8), expenditure
from this fund shall be made only by authorization of the Town Board, and
WHEREAS, expenditure from Capital Reserve Fund No.: 62 is subject to permissive referendum
in accordance with General Municipal Law §6-c(8), and
WHEREAS, the Town of Queensbury's Facilities Manager has recommended certain
steel/concrete/structural repairs and break/locker room renovations at the Town's Highway Garage
(Project) as were set forth in specifications set forth in vendor quotes provided by the Town's Facilities
Manager,Town Engineer and/or Town Purchasing Agent,and
WHEREAS, such proposed Project is anticipated to cost approximately$20,000,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment
of the Highway Building Repairs Capital Project and establishment of a Capital Project Fund to be known
as the Highway Building Repairs Capital Project Fund 9194 which will establish funding for expenses
associated with this Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
Capital Project shall be by a transfer from the Town of Queensbury Highway Garage Capital
Reserve Fund #62 in the amount of $20,000 to transfer to Highway Building Repairs Capital
Project Fund#194, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby fords that the withdrawal and expenditure for such Project
is an expenditure for a specific capital project for which the Reserve Account was established,and
BE IT FURTHER,
RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget
Officer to take all action necessary to establish the following accounts for such appropriations and
revenues as necessary:
• Revenue Acct No.— 194-0000-55031 (Interfund Revenue) $20,000; and
• Expense Acct No.— 194-1620-2899(Capital Construction) $20,000;
• Increase Appr 001-9950-9030-0062 Transfer to Cap Project$20,000;and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the 2012 Town Budget, make any adjustments, budget amendments, transfers or prepare any
documentation necessary to establish such appropriations and estimated revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities
Manager,Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate all
terms of this Resolution,and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to
publish and post such notices and take such other actions as may be required by law.
Duly adopted this 5h day of November, 2012,by the following vote:
AYES Mr. Strough,Mr. Stec,Mr.Metivier,Mr.Montesi
NOES None
ABSENT : Mr.Brewer
RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH
WARREN COUNTY CONCERNING DEVELOPMENT OF
RUSH POND WAY TRAIL
RESOLUTION NO.: 320,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Daniel Stec
WHEREAS, by Resolution No.: 251, 2012, the Queensbury Town Board authorized an Agreement
between the Town and Richard Schermerhorn and/or Schermerhorn Real Estate Holdings providing for the
development of the Rush Pond Way Trail, a multiuse trail proposed for construction within portions of the
Warren County right-of-way extending along West Mountain Road(Trail),and
WHEREAS, the primary use of the County right-of-way would be at the northern end of West
Mountain Road which is currently being used as a parking lot,and
WHEREAS, Warren County and the Town of Queensbury wish to enter into an Intermunicipal
Agreement providing,among other things,that:
1. the Town or its agents, construct,upgrade, maintain and use the Trail within portions of the
County right of way, with the Town to indemnify and hold harmless Warren County from
any claims related to the construction,maintenance or public use of the Trail;
2. construction details and future modifications of the Trail shall be approved by the County's
Superintendent of Public Works, with actual construction and maintenance work within the
County's right-of-way to be by separate permit issued by the Superintendent; and
3. the term of the Agreement to be in effect until it is revoked by either parry with or without
cause,and
WHEREAS, by Warren County Resolution No.: 614 of 2012, the County Board of Supervisors
authorized such an Intermunicipal Agreement,and
WHEREAS, the Queensbury Town Board feels that such an Intermunicipal Agreement will benefit
Town residents and therefore wishes to authorize such Agreement,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes an Intermunicipal Agreement with
Warren County concerning development of the Rush Pond Way Trail within portions of the County right-of-
way extending along West Mountain Road,such Intermunicipal Agreement to be in form set forth and agreed
upon by the Town Supervisor, County Attorney,Town of Queensbury Parks and Recreation Director, and/or
Town Counsel,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
such Intermunicipal Agreement and the Town Supervisor, Director of Parks and Recreation, Town Counsel
and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this
Resolution.
Duly adopted this 5"'day of November,2012,by the following vote:
AYES : Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
NOES : None
ABSENT: Mr.Brewer
Discussion held before vote: Councilman Strough-The northern part of the trail the part that
goes to the parking area on the corner of Gurney Lane and West Mountain Road part of the
trail goes onto County property as such we have to get a license for that from the County and
we have to agree to maintain the trail our part of the trail that is on the County property, that is
basically what this is. We are going through the process right now of getting all these permits
necessary so that Richard Schermerhorn can build the northern part of the trail as per
agreement.
RESOLUTION AUTHORIZING PURCHASE OF PROPERTY OWNED BY
WARREN COUNTY LOCATED OFF STATE ROUTE 9
NEAR GURNEY LANE RECREATION AREA
RESOLUTION NO.:321,2012
INTRODUCED BY: Mr.John Strough WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution the Warren County Board of Supervisors authorized that any Town,
Village or City within Warren County can purchase property obtained in a foreclosure proceeding by the
County for either one-third (1/3) the market value or the amount of outstanding taxes on the parcel,
whichever is higher,and
WHEREAS, the Queensbury Recreation Commission and Director of Parks and Recreation have
recommended that the Town Board authorize the purchase of a parcel of land located adjacent to 123 acres of
Town-owned property off of State Route 9 near the Gurney Lane Recreation Area, such parcel currently
owned by Warren County totaling 29.33 acres (Tax Map Parcel No.: 288.-1-40) for the purpose of
additional trail expansion and other passive recreational opportunities or for any other lawful purpose as
the Town Board may designate, and
WHEREAS, the Town Board may purchase the Property for $9,275.79, the current amount of
outstanding back taxes on the parcel,and
WHEREAS,the Town Board previously established Recreation Reserve Fund No. 61 and the Town
Board wishes to withdraw and expend $9,275.79 from such Fund for the property purchase subject to
permissive referendum in accordance with New York State General Municipal Law§6(c),
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase of a
parcel of land owned by Warren County totaling 29.33 acres located off of State Route 9 in the Town of
Queensbury near the Gurney Lane Recreation Area, Tax Map Parcel No.: 288.-1-40, as delineated in the
preambles of this Resolution,for an amount not to exceed$9,275.79,and
BE IT FURTHER,
RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such
purchase is an expenditure related to a specific capital project for which Recreation Reserve Fund No. 61 was
established,and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of
$9,275.79 to fund such purchase and authorizes the Town Budget Officer to take all actions necessary to
provide for such purchase including amendment of the 2012 Town Budget as follows:
• Increase Appropriation 001-1940-2799-Purchase of Land-$9,500
• Increase Appropriation 001-9901-9120-0061 Transfer to Operating Funds- $9,500
• Increase Revenues 001-0000-55031 —Interfund Transfers- $9,500
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any and all documents necessary to complete this transaction in form acceptable to Town Counsel, including,
without limitation, any needed real estate contract, Real Property Transfer Reports and Capital Gains
Affidavits and the Town Supervisor, Director of Parks and Recreation, Town Counsel and/or Town Budget
Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution,
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to
publish and post such notices and take such other actions as may be required by law.
Duly adopted this 5b day of November,2012,by the following vote:
AYES Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
NOES :None
ABSENT:Mr.Brewer
Discussion held before vote: Supervisor Stec-This is a parcel that is landlocked and adjacent to the Gurney
Lane Recreation Area totaling twenty nine and a third acres and the Town had the opportunity to buy it for
the amount of back taxes that were owed on it which was nine thousand two hundred and seventy five dollars
and seventy nine cents. So, we will be making this purchase and adding twenty nine acres to the rec area.
Talking with Steve Lovering about it he is excited he says this parcel is something that they could easily in
future extend some of the hiking and cross country ski trails onto.
RESOLUTION SETTING HEARING ON LAKE GEORGE CAMPSITES,
LLC'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 1053 STATE ROUTE 9
RESOLUTION NO.:322,2012
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
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, Lake George Campsites, LLC (Applicant) has applied to the Town Board for a
variance/waiver from §136-44 and an 18 month extension in which to connect its property located at 1053
State Route 9 to the Town of Queensbury's Route 9 Sewer District, as the Applicant states that it is still
working towards completion of sewer connection plans and the property's on-site septic system is in full
compliance with all Town and State regulations, as more fully set forth in the application presented at this
meeting,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, November 19th
2012 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider Lake George
Campsites,LLC's sewer connection variance/waiver application concerning its property located at 1053 State
Route 9,Queensbury(Tax Map No.:295.12-1-6),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 Applicant required by law.
Duly adopted this 5th day of November,2012,by the following vote:
AYES : Mr.Metivier,Mr.Montesi,Mr. Strough,Mr. Stec
NOES : None
ABSENT: Mr.Brewer
RESOLUTION TO AMEND 2012 BUDGET
RESOLUTION NO.: 323,2012
INTRODUCED BY: Mr.Anthony Metivier 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
Offi ce r,
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:
From To
Code Appropriation Code Appropriation $
001-1990-4400 Contingency 001-1620-4110 Eq. Repairs 4,000
001-1990-4400 Contingency 001-1620-4400 Misc.Contractual 4,000
001-3620-4110 Vehicle Repairs 001-3410-4010 Supplies 200
001-3620-4110 Vehicle Repairs 001-3410-4030 Postage 100
001-3620-4110 Vehicle Repairs 001-3410-4410 Fuel 1,000
001-9060-8060 Health Insurance 001-8020-4711 Engineering 10,000
031-8130-2899 Capital Construction 031-8130-4521 Sewage Treatment 50
Duly adopted this 5t"day of November, 2012, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Stec. Mr. Metivier
NOES : None
ABSENT: Mr. Brewer
RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL
RESERVE FUND #64 AND AWARDING BID FOR
HIGHWAY DEPARTMENT AIR CONDITIONING AND
HEATING SYSTEM UPGRADE PROJECT
RESOLUTION NO. 324,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury Facilities Manager requested that the Town Board authorize
an advertisement for bids for the Town of Queensbury Highway Department air conditioning and heating
system upgrade project as set forth in bid specifications prepared by the Town's Facilities Manager, Town
Engineer and/or Town Purchasing Agent,and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the
bids to the lowest responsible bidder(s)meeting New York State statutory requirements and the requirements
set forth in the Town's bidding documents and by Resolution No.: 256,2012,the Town Board authorized the
Town's Purchasing Agent to advertise for bids and following such advertisement and receipt of bids, all
received bids were opened and reviewed on October I It'',2012,and
WHEREAS, the Purchasing Agent, Facilities Manager and Town Engineer have
recommended that the Town Board award the bid to the lowest, most responsible bidder,
TMG, LLC (The McCormick Group) for an amount not to exceed $207,568, and
WHEREAS, the Facilities Manager has advised the Town Board that there are times
when Change Orders may become necessary for such Contract and has requested that the
Town Board also authorize him to approve and sign certain Change Orders up to a 5%
contingency, or $10,378.40, for Change Orders that he deems necessary or appropriate, and
WHEREAS, the Town Engineer expects to spend an additional $55,000 in engineering,
lab services and air and soil testing, bringing the total Project cost to approximately
$272,946.40, and
WHEREAS, the Town Board wishes to authorize such Project to be paid from Highway and
Town Hall Mechanicals Replacement Capital Project Fund 4182 and additional funding to be from
Capital Reserve Fund 964,and
WHEREAS, the Town Board is authorized to withdraw and expend funds from the Capital
Reserve Fund subject to permissive referendum,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Highway Garage HVAC
Project delineated in the preambles of this Resolution and funding for such Project in the total amount of
$272,946.40,and
BE IT FURTHER,
RESOLVED,that the Queensbury Town Board hereby accepts and awards the bid from the lowest,
most responsible bidder, TMG,LLC(The McCormick Group) for an amount not to exceed$207,568,and
BE IT FURTHER,
RESOLVED,that the Town Board hereby authorizes the Town Facilities Manager to approve and
sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not
exceeding $10,378.40 that he deems necessary or appropriate, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes an additional $55,000 in expenses
required by the Town Engineering toward engineering, lab services and air and soil testing,
bringing the total Project cost to approximately $272,946.40, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes funding for such Project from the Highway
and Town Hall Mechanicals Replacement Project Fund#182,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the transfer of$13,945.96, the balance of
appropriations in Fund 4182 Engineering Account No.: 182-1620-4710, to Fund 4182 Capital
Construction Account No.: 182-1620-2899,bringing the balance in 182-1620-2899 to $113,466.04, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board further authorizes and directs additional funding
for expenses associated with the Project to be funded from Capital Reserve Fund 964, and the Town
Budget Officer to take all action necessary to:
• Increase Appropriations 001-9950-9030-0064 Transfer to Capital Project by $160,000;
• Increase Revenue 182-0000-55031 Interfund Revenue by$160,000; and
• Increase Appropriations 182-1620-2899 Capital Construction by$160,000;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or
prepare any documentation necessary to establish such appropriations and estimated revenues
and effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing
Agent, Facilities Manager, Town Engineer and/or Budget Officer to take such other and further actions as
may be necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to
publish and post such notices and take such other actions as may be required by law.
Duly adopted this 5"'day of November, 2012,by the following vote:
AYES Mr. Strough,Mr. Stec,Mr.Metivier,Mr. Montesi
NOES None
ABSENT: Mr. Brewer
RESOLUTION AUTHORIZING REINDEER RUN 5K ROAD RACEIWALK
TO BENEFIT CINDY'S CAMP COMFORT
RESOLUTION NO. 325,2012
INTRODUCED BY:Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,the Adirondack Runners has requested authorization from the Queensbury Town Board
to conduct its 9th Annual Reindeer Run 5k Road Race/Walk to benefit Cindy's Camp Comfort as follows:
SPONSOR Adirondack Runners
EVENT: Reindeer Run 5k Road Race/Walk
DATE Saturday,December Ist,2012
TIME 9:00 a.m./10:00 a.m.—Children's Run
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 its Reindeer Run 5k Road Race/Walk within the Town of Queensbury to benefit Cindy's Camp
Comfort on Saturday, December 1st, 2012 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.
Duly adopted this Stn day of November,2012,by the following vote:
AYES Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
NOES None
ABSENT: Mr.Brewer
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF OCTOBER 19TH, 2012 AND NOVEMBER 6TH, 2012
RESOLUTION NO.: 326,2012
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
Warrants with run dates of October 19`h, 2012 and November 1", 2012 and payment dates of October 19`h
2012 and November 6`h,2012,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of
October 19`h, 2012 and November I't, 2012 and payment dates of October 19th and November 6`h, 2012
totaling $254,651.76 and$1,241,016.41,respectively, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
Duly adopted this 5th day of November,2012,by the following vote:
AYES : Mr. Stec,Mr.Metivier,Mr.Montesi,Mr. Strough
NOES : None
ABSENT: Mr.Brewer
4.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES)
Mr. John Salvador-Spoke on concern that the Town's Community Planning Staff in particular the
Zoning Administrator have been misconstruing the Zoning Ordinance and its law relating to the
subject of Site Plan Review. Spoke on Outdoor Banquet Patio is nowhere defined in the Zoning
Ordinance. Questioned why a new filing system is used for each site plan why not revision
one...we do this all over all the permit are revisions of something in the past it is a whole new
numbering system. We are using the Site plan Review process to circumvent the need for a use
variance.
Supervisor Stec-Thanks John I will ask Staff about that.
5.0 CORRESPONDENCE
NONE
6.0 TOWN BOARD DISCUSSIONS
WARD 1 COUNCILMAN ANTHONY METIVIER
• After Super Storm Sandy-we were pretty much spared this one but our friends down
south were not; there is a group in North Queensbury collecting clothing, bleach, mops,
coats, socks anything you give, they will be heading down on Wednesday and Friday, if
you are interested in dropping anything off, you can drop off the items at the North
Queensbury Fire Volunteer Fire Station there is a black van that is loading up items on
Wednesday. Folks from the East Cove Restaurant are going down on Friday. Delivered
to New Jersey and Staten Island
• Thanked Councilman Strough, Marylee Gosline, Dan Kane, and Mrs. Strough and others
cleaned up the corner of Bay and Quaker last Saturday. The Cornell Cooperative
Extension is looking for people as Master Gardeners, will train...Bay and Quaker is a site
that can be used.
• Dan good luck tomorrow
WARD 2 COUNCILMAN RONALD MONTESI
• Brian LaFlure is our emergency coordinator for the county, noted each one of our Fire
Companies was asked to provide equipment and manpower to go down to either Long
Island or Staten Island or Manhattan with one of the fire trucks as back up...all five
companies have agreed to it. West Glens Falls did not have to go down with their ladder
truck...Bay Ridge had their rescue truck ready to go...
• Dan good luck tomorrow anybody in the audience that can vote make sure you vote
tomorrow
Supervisor Stec-All five of the town's fire companies were standing by— received an e-
mail from Brian LaFlure that they did send down a truck from Lake George it will be
there for a few days.
WARD 3 COUNCILMAN JOHN STROUGH
• When they were predicting Tropical Storm Sandy to be in the area all five fire
departments had buildings open and the three ems squads had building open as safe
harbors should any of our residents need them. Hats off to them.
• Landscaping at the corner of Bay and Quaker-Marylee also wanted to mention that
Cornell Cooperative Extension has a Master Gardner program each Master Gardner
completes a volunteer training program..if interested call 623-3291 for more
information...
• Message from Fire Marshal Mike Palmer-set the clocks back and check your batteries in
your fire and carbon monoxide alarms
• Highway Dept. — Fall clean up— leaves, grass clippings, pine needles—Ward 3 November
5th through 91h Ward 1 and 2 November 13th through 16th
• Announced there will be a Thanksgiving Dinner Offering held at the Christ Church
United Methodist 54 Bay Street from Noon to 3 pm sponsored by the people of the
Greater Glens Falls Community if you need transportation or other special needs call
636-9679. Donations for this effort can be sent to PO Box 2445 Glens Falls, N Y 12801
• Thanked the Queensbury Parks and Recreation for the booklet of recreational
opportunities available in our town..copies can be picked up at the Queensbury Town
Office
SUPERVISOR DANIEL STEC
• Thanked Look TV and our sponsors for televising these meeting, Queensbury is the only
municipality in Warren County that televises our regular board meetings.
• www.gueensbury.net—great site for governmental information
• Regarding the storm Sandy—we had to be prepared for the worst and I know that all of
our fire companies and rescue squads, I had called all eight of them the day before the
storm to check in and let them know if there was anything that they need from the
Town or the County we were just a phone call away—They were all ready, their
buildings were open and ready for the public if needed. Amy Drexel and Brian LaFlure at
the County did a really good job and I would like to thank them. We were fortunate that
we did not get the kind of damage that they feared that we might but again we were
ready and from what I could see the fire companies and rescue squads in the area were
standing by they were prepared for the worst. We thank them again for that.
COUNCILMAN STROUGH-Good luck tomorrow Dan.
SUPERVISOR STEC-Thank you John,...and everybody don't forget to vote tomorrow
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 327.2012
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Town Board
Meeting.
Duly adopted this 5t" day of November, 2012 by the following vote:
AYES: Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Stec
Noes: None
ABSENT: Mr. Brewer
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury