2013-12-02 - Mtg 44 REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 562
REGULAR TOWN BOARD MEETING MTG#44
DECEMBER 2, 2013 RES# 466-477
7:00 P.M.
BOARD MEMBERS PRESENT
SUPERVISOR RONALD MONTESI
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PRESS
LOOK TV, POST STAR
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR RONALD MONTESI
SUPERVISOR MONTESI-Opened meeting.
PROCLAMATION
WHEREAS, the Queensbury Town Board wishes to recognize local student-athletes for
their exceptional performances on the athletic field, and
WHEREAS, the Queensbury High School Football Team, also known as the
Queensbury Spartans Football Team, ranked as Section 2 Class A Northeast Division
Champions, Section 2 Class A Sectional Champions, (NYSPHSAA) Class A East Region
Champions, AND (NYSPHSAA) Class A State Champions bringing victory to the Queensbury
Union Free School District and Town of Queensbury in this 2013 season, and
WHEREAS, the Queensbury Spartans Football Team and its Coach John Irion, and
Assistant Coaches, Matt Crossman, Matt Miller, Craig Scott, Matt Howard, and Joel Brown deserve
special recognition of their accomplishments and the Queensbury Town Board wishes to formally
salute and recognize the entire team and coaches for representing the Queensbury School District
and Town of Queensbury in such an exemplary manner, and
WHEREAS, the Queensbury High School Girl's Cross-Country Team, also known as the
Queensbury Spartans Girl's Cross-Country Team that ranked 3 d place in the (NYSPHSAA)
Federation Meet, ranked as Foothills Champions in their League, Section 2 Class B Champions,
AND (NYSPHSAA) State Class B Champions bringing victory to the Queensbury Union Free
School District and Town of Queensbury in this 2013 season, and
WHEREAS, the Queensbury Spartans Girl's Cross-Country Team and its Coaches
Robert Underwood and Kevin Sullivan deserve special recognition of their accomplishments and
the Queensbury Town Board wishes to formally salute and recognize the entire team and Coaches
for representing the Queensbury School District and Town of Queensbury in such an exemplary
manner,
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 563
NOW, THEREFORE, the Queensbury Town Board, hereby congratulates the
Queensbury Football Team and the Queensbury Girl's Cross-Country Team and all the Coaches
for their outstanding performance and level of excellence during the 2013 season and achieving
the multiple titles of New York State, Regional, Divisional, Sectional, and League Championships,
and further expresses its sincere appreciation to the Queensbury Football and Girl's Cross-Country
Teams and their Coaches for doing their part in making the Town of Queensbury a better place to
live by declaring this coming Sunday, December 8th, 2013 as "Spartan Day" whereas a celebratory
parade will commence at noon on Bay Road, starting at the Stewart's shop, and ending at the
Town Hall.
GIVEN under the SEAL of the Town of Queensbury this 2nd day of December, 2013.
RONALD S. MONTESI TIMOTHY BREWER BRIAN CLEMENTS
ANTHONY METIVIER JOHN STROUGH
1.0 PUBLIC HEARING
PROPOSED LOCAL LAW NO. OF 2013 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 55 `BOATS" SECTION 55-6 TO EXPAND
SANDY BAY SPEED ZONE
PUBLICATION DATE: NOVEMBER 22, 2013
PUBLIC HEARING OPENED
RON MILLER-Rockhurst-First of all, I would like to thank the board for moving
forward with this change in the Ordinance. We appreciate the response bottom line
is we think this is good for Lake George. A couple of folks wanted their voice
heard but could not be here tonight so if you don't mind I would just like to on
their behalf add some comments. Joyce Cloutier and Larry Steinhart live on
Cleverdale you remember Joyce probably from her coming before the board earlier
in the season.
SUPERVISOR MONTESI-Yes.
MR. MILLER-They would just like you to know that they are very happy that
something will be done to extend the five mile per hour zone. She came before the
board earlier to express her concerns on the conditions in Sandy Bay she spoke of
high speed boaters close to the dock, congestion in the bay, and unsafe rental boat
operators if she was here she would like to repeat that for you.
SUPERVISOR MONTESI-Thank you.
MR. MILLER-Also a couple of neighbors the Sinatra's live on Rockhurst and they
could not make this meeting they have a brief letter I told them I would read it into
the record. Dear Board Members: Please be advised that we own 105 Rockhurst
Road on Sandy Bay. It is our wish to have Ronald Miller, our neighbor, speak on
our behalf The Matter is very important to us. When we first purchased our
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 564
home in 1998 the speed zone markers were moved to directly across from our
dock. Since then, the abuse our dock has taken and the danger that has been
created for swimming is immeasurable. Boaters now speed up to the marker and
stop short creating wakes. The constant water crashing on our dock has made even
sitting on the dock uncomfortable. There are boaters who come into the bay and
just drop anchor. One person was so close to our property that their dog jumped
off the boat and defecated on our property. We would appreciate you considering
our requests. We would also appreciate it if there was a better patrol of the bay as
the congestion in the bay has really gotten out of hand. We love our home on
Sandy Bay and try to preserve its beauty, please do not let boaters speed in and
cause a danger for us. Sincerely, Frank Sinatra, Jr. & Laura Sinatra
MR. MILLER-Personally I would just like to add my comments. I think it is good
for Lake George. I think it is safer it will align the speed zone with the Park
Commission Special Use Zone. It will make it a better place for everybody to
enjoy boating on Lake George and Sandy Bay. Thank you.
SUPERVISOR MONTESI-Anyone else to speak to this?
GARY LONG, CLEVERDALE ON SANDY BAY-Currently well inside the five
mile per hour speed limit zone, but I want to express my support for a resolution to
extend that five hour per hour zone out to the eighteen hundred feet from the
southern shore.
SUPERVISOR MONTESI-Thank you.
JOHN SALVADOR, NORTH QUEENSBURY-This copy of this resolution that
you are going to adopt tonight should be made available to everyone affected.
Your resolution has a first Whereas clause that the Queensbury Town Board
wishes to expand the area of Sandy Bay subject to the five mile per hour speed
limit imposed by Queensbury Town Code Section 55-6 in order to protect the
entire portion of the Bay which is designated as a Restricted Use Zone pursuant to
NYCRR Section 646-2.9 (b)(1) from higher speeds. NYCRR Section 646-2.9 (b)
(1) says nothing about speed. It is a restricted use zone and the Park Commission
has not limited the speed within their regulations. The speed is regulated by the
Town and the Town has its authority in Town Law Article 9 Section 130,
Paragraph 17 except where prohibited by the laws of this State or of the United
States A. Regulating the speed and regulating and restricting the operation of
vessels in the County of Warren the size and horsepower of inboard and outboard
motors while being operated and driven upon any waters within or bounding the
Town to a distance of fifteen hundred feet from shore. That is your authority you
have done nothing on regulating the horsepower of boats. It says, and regulating
the horsepower it doesn't say or. You have taken the authority to regulate the
speed only. Further you should be restricting and regulating the anchoring or
mooring of vessels in any waters within or bounding the Town to a distance of
fifteen hundred feet from the shore. Restricting and regulating the anchoring or
mooring of vessels in such waters when used or occupied as living or sleeping
quarters and providing time limits on duration of stay of such vessels in such water
and requiring inspection and registration of such vessels when so used. You have
done nothing about this it is part of the law that authorizes you to regulate vessels
but you have seized just one little part of that law the speed this says restricting and
regulating.
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 565
COUNCILMAN BREWER-Does it say that we have to if we change one part of it
we have to change the other part also?
MR. SALVADOR-I am not talking about change.
COUNCILMAN BREWER-That is what I am asking.
MR. SALVADOR-Listen to this. Restricting and regulating sewage disposal and
garbage removal from said vessels and the use of toilets there on you have done
nothing about that look at the condition of our lake today.
SUPERVISOR MONTESI-John would you say that the effort that we are making
in terms of speed is all for naught don't you ever have anything nice to say. I mean
honest and true John we work pretty hard to get what the neighbors and this
community wanted up there and you come in and lamb base us I don't understand
how come you are such an unhappy guy.
MR. SALVADOR-What you don't understand is that you don't have authority
beyond what is in the law. The law says fifteen hundred feet from shore that is
your authority.
SUPERVISOR MONTESI-And we did that and we regulated a piece of it the
speed.
MR. SALVADOR-What is this eighteen hundred feet?
SUPERVISOR MONTESI-That is the New York State it is the no anchor zone
eighteen hundred feet. Fifteen hundred feet from the shoreline any shoreline it
didn't say specifically the bottom of the bay it said any shoreline.
MR. SALVADOR-Why does it have to read eighteen hundred?
COUNCILMAN CLEMENTS-That is what the people were asking for.
SUPERVISOR MONTESI-That is what the people were asking make the speed
limit the same as the no anchor zone.
MR. SALVADOR-There is nothing in this Local Law that references Town Law,
Section 130, Paragraph 17 that is your statutory authority.
COUNCILMAN STROUGH-Section 55-6 says we have the authority to set the
speed limit for certain areas of Lake George Section 55-6 speak specifically to that.
MR. SALVADOR-You have the Town Code.
COUNCILMAN STROUGH-Yeah.
MR. SALVADOR-What do you have Section 55?
COUNCILMAN STROUGH-Yeah.
566
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44
MR. SALVADOR-Is there a statutory authority listed there it should be right in the
very beginning.
COUNCILMAN STROUGH-I do not see any references to State Law John.
MR. SALVADOR-That Chapter 55 does not have a statutory authority?
COUNCILMAN STROUGH- Provisions of 130 Subdivision 17 of Town Law of
the State of New York.
MR. SALVADOR-Exactly that is your authority to adopt that local law.
COUNCILMAN STROUGH-Okay.
MR. SALVADOR-And only what is in that Section 130 Paragraph 17 only, not
beyond.
COUNCILMAN STROUGH-I think we are fine John.
MR. SALVADOR-That says fifteen hundred feet what is eighteen hundred all
about?
COUNCILMAN STROUGH-Eighteen hundred is a Special Use Zone we didn't
set that.
MR. SALVADOR-I understand but the Special Use Zone set by the Park
Commission says nothing about speed.
SUPERVISOR MONTESI-That is right we are setting the speed limit and we are
setting it the same....
MR. SALVADOR-Excuse me the Park Commission has no authority to regulate
speed.
SUPERVISOR MONTESI-We know that so what are you talking about.
MR. SALVADOR-The authority to regulate speed rest with this board.
SUPERVISOR MONTESI-And we are doing it.
MR. SALVADOR-It is only to fifteen hundred feet.
COUNCILMAN STROUGH-Of any shoreline.
COUNCILMAN CLEMENTS-Of any shoreline we are within that fifteen hundred
feet.
MR. SALVADOR-What is this eighteen hundred all about?
SUPERVISOR MONTESI-The eighteen hundred feet is said r that the
like to
of New York has put out for a no anchor zone. The residents lace
have that speed limit at that same marker. We said okay we can go any p
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 567
along that shoreline up to fifteen hundred feet. If we went from the bottom of
Sandy Bay we would not reach the eighteen hundred feet. We go from the side we
reach the fifteen hundred feet and it happens to match up with the eighteen
hundred feet.
COUNCILMAN BREWER-That just references the zone John right here the
eighteen hundred feet. Our lawyers prepared it I think we are going to be okay.
MR. SALVADOR-If stating fifteen hundred feet will do the job why don't you just
state fifteen hundred feet.
COUNCILMAN BREWER-Because the eighteen hundred feet references the
boundaries of the area it is in here. It is the definition of Sandy Bay right here if
you want to read it.
COUNCILMAN CLEMENTS-If you look at the map John Sandy Bay comes
down like this. From the end of Sandy Bay out to where they put the no anchor
zone is eighteen hundred feet. From this shore to this shore is actually less than
fifteen hundred feet. The Town Board can put a speed zone in there actually they
can could go right out to the tips of the both points and go out even farther than
that.
MR. SALVADOR-I understand fifteen hundred feet not eighteen hundred.
SUPERVISOR MONTESI-You are not listening to the whole thing, but that is
okay.
COUNCILMAN CLEMENT S-Eighteen hundred feet from the southern part we
did fifteen hundred feet from up here this could do it from any shore.
MR. SALVADOR-I live in one of these bays I know how it works.
COUNCILMAN BREWER-So what's the problem.
MR. SALVADOR-Next we will have eighteen hundred feet.
SUPERVISOR MONTESI-Anyone else to speak on this?
PUBLIC HEARING CLOSED
RESOLUTION ENACTING LOCAL LAW NO.: 5, OF 2013 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 55 "BOATS" SECTION 55-6 TO
EXPAND SANDY BAY BOATING SPEED ZONE
RESOLUTION NO.466,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 568
WHEREAS, the Queensbun-Town Board wishes to expand the area of Sand` Bay subject to the
five mile per hour speed limit imposed by Queensbun� Town Code §55-6 in order to protect the entire
portion of the Bay which is designated as a Restricted Use Zone pursuant to NYCRR §646-2.9(b)(1) from
higher speeds, and
WHEREAS, the Town Board prepared proposed Local Law No. 5, of 2013 which provides for
such expansion, and
WHEREAS, New York Municipal Home Rule Law requires a public hearing to be held prior to
adoption of a Local Law and the Town Board duly held such public hearing on Monday, December 2 d,
2013 and heard all interested persons,and
WHEREAS,a cop` of the proposed Local Law has been presented at this meeting,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby enacts Local Law No.: 5, of 2013 to Amend
Queensbury Town Code Chapter 55 entitled "Boats," Section 55-6 to Expand Sand` Bay Boating Speed
Zone as presented at this meeting,and
BE IT FURTHER-
RESOLVED,that the Town Board hereby authorizes and directs the Queensbun-Town Clerk to file
the Local Law with the New York State Secretary-of State in accordance with the provisions of the Municipal
Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the
Secretary of State.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT: None
LOCAL LAW NO.: 5, OF 2013
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 569
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 55 "BOATS" SECTION 55-6 TO EXPAND
SANDY BAY BOATING SPEED ZONE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. Paragraph A of Queensbury Town Code Section 55-6, entitled "Speed limits for
certain areas of Lake George," is hereby amended to read as follows:
A. Sandy Bay: bounded on the east by the Rockhurst Peninsula, on the south by the shore
of Lake George between the Rockhurst and Cleverdale Peninsulas, on the west by the
Cleverdale Peninsula and on the north by a line which runs due east to due west
between two points identified as N 43.475644', W 73.641199 and N 43.475611, W
73.635924 and is 1,800 feet north of the southernmost point on the southern boundary
of the area, which area is designated as a "restricted use zone" pursuant to New York
Compilation of Rules and Regulations (NYCRR) Section 646-2.9(b)(1).
SECTION 2. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall
not invalidate any other clause,sentence, paragraph or part thereof.
SECTION 3. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with
any part of this Local Law are hereby repealed. In particular, current Queensbury Town Code Section 55-
6(A) is superseded by the provision of this Local Law.
SECTION 4. This Local Law shall take effect immediately upon filing in the Office of the New
York Secretary of State as provided in New York Municipal Home Rule Law§27.
2.0 PRIVILEGE OF THE FLOOR
JOHN LABOUR, FOX ROAD, QUEENSBURY-Spoke regarding the televising of
the Town Board Meetings noting it is a great asset to the Town. Spoke regarding
his concern for the privilege of the floor noting people need to use it the way it is
intended to be used.
RON MILLER, BOARD OF DIRECTORS OF THE LAKE GEORGE
REGIONAL CHAMBER OF COMMERCE, RERESENTING THE CHIEF
EXECUTIVE OFFICER MIKE CONSUZLO, MEMEBERS OF THE BOARD
AND ALL MEMBERS OF THE CONPAERCE-Thanked the Town Board for their
support and cooperation in 2013 look forward to a prosperous 2014 for everyone.
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 570
Looking forward to having a close working relationship with the Lake George
Regional Chambers of Commerce and the Town of Queensbury.
RON BALL, QUEENSBURY-Apologized for his actions at the previous Town
Board Meeting. Spoke to the board regarding his concerns with cell tower fires.
JOHN SALVADOR, QUEENSBURY-Spoke to the board regarding the Ethics
Board asked if the board is going staff an Ethics Committee.
COUNCILMAN STROUGH-Yes.
MR. SALVADOR-Spoke regarding the Assessor and the assessment work of
commercial properties read letter into the record regarding this topic. Spoke to the
board regarding Dunham's Bay Wastewater initiative recommended to the board
hiring someone to do this part-time maybe this person could be shared with the
Town of Lake George asked the board if this could be discussed in a workshop.
3.0 RESOLUTIONS
RESOLUTION AWARDING BID FOR SODA ASH
RESOLUTION NO.: 467,2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Town of Queensbury duly advertised for bids for Soda Ash in accordance with the
Town Water Department Bid Specifications,and
WHEREAS, the Town's Purchasing Agent, Water Superintendent and Water Engineer have
reviewed the bids and recommended that the Town award the bids to the lowest responsible bidder,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the bid for Soda Ash to the lowest
responsible Bidder, Astro Chemical, Inc., for the amount of$.2047 per pound to be paid from the appropriate
Town Water Department Account(s),and
BE IT FURTHER
RESOLVED, that such bid award shall be effective through December 31St, 2014 with an option at
such time to extend such bid awards for up to two (2)additional 12 month periods or through December 31St,
2015 or 2016, with any extended bid award to be subject to the same terms and conditions of the original
bid, with no surcharges, add-ons or tariffs to be added, and
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 571
BE IT FURTHER
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent,
Water Engineer,Water Superintendent and/or Town Budget Officer to take all actions necessary to effectuate
the terms of this Resolution.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT: None
RESOLUTION TO AMEND 2013 BUDGET
RESOLUTION NO.:468,2013
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
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 2013 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
Increase Revenue
001-0000-53820 State Aid,Youth Pr 1,715
Increase
Appropriation
001-8989-4414 Youth Court 1,715
Increase Revenue
001-0000-53820 State Aid,Youth Pr 2,500
Increase
Appropriation
001-7110-4824 2,500
001-1990-4400 Contingency 001-1010-4400 Contractual 5,000
001-1990-1010 Contingency 001-1620-1020 O/T 3,000
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 572
001-1990-1010 Contingency 001-3510-1020 O/T 2,000
001-1990-1010 Contingency 001-4020-4135 Vital Stats 1,000
001-1990-1010 Contingency 001-7110-1010 Wages 20,000
001-1990-4400 Contingency 001-1620-4065 Tools& Equipment Repair 3,000
001-9060-8060 Health Insurance 001-1620-4400 Misc. Contractual 3,500
040-8320-4300 Electricity 040-8340-2001 Misc Equipment 2,000
Duly adopted this 2nd day of December, 2013, by the following vote:
AYES Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr.Clements
NOES None
ABSENT: None
RESOLUTION SCHEDULING PUBLIC HEARING ON
PROPOSED LOCAL LAW NO.: OF 2013 AMENDING QUEENSBURY TOWN
CODE CHAPTER 179 "ZONING" TO CHANGE
ZONING OF CERTAIN PROPERTIES FROM "MDR" TO "RR-3A"
RESOLUTION NO.: 469,2013
INTRODUCED BY : Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, the Queensbury Town Board is considering a request to amend the zoning
designations for the following certain properties along the east side of Rockwell Road in the Town
of Queensbury:
290.10-1-5.1; 290.10-1-5.2; 290.10-1-6; 290-10-1-7; 290-10-1-8; 290.10-1-9; 290.10-1-10;
290.10-1-11; 290.14-1-1; 290.14-1-2; 290.14-1-3; 290.14-1-5; 290.14-1-7.1; and 290.14-1-7.2
from Moderate Density Residential (MDR)to Rural Residential 3 Acre(RR-3A), and
WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.:
of 2013 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Law
and Map to reflect such changes as set forth above, and
WHEREAS,before the Town Board may amend, supplement, change, or modify its Zoning Law and
Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal
Home Rule Law and the Town of Queensbury Zoning Laws,
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 573
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
December 16t1i 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury
to hear all interested parties concerning adoption of proposed Local Law No.: of 2013, to
amend the Town of Queensbury Zoning Law and Map to change the zoning of certain properties
from Moderate Density Residential (MDR)to Rural Residential 3 Acre(RR-3A), and
BE IT FURTHER-
RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk's Office to provide
10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's official
newspaper and posting the Notice on the Town's bulletin board and website,and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Community Development
Department to provide the Town Clerk's Office with a list of the owners of the above listed properties and all
property owners adjacent to the area to be rezoned so that the Town Clerk's Office may send the Notice of
Public Hearing to those property owners,and
BE IT FURTHER]
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to forward the proposed Local Law to the Warren County Planning
Department for its review and comment in accordance with New York State General Municipal
Law §239-m.
BE IT FURTHER-
RESOLVED,that the Town Board hereby finds that adoption of the proposed Local Law is a T`pe I
Action under the State Environmental Quality Review Act (SEQRA) and directs the Community
Development Department to prepare Part 1 of a SEQRA Full Environmental Assessment Form,and
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 574
BE IT FURTHER-
RESOLVED, that the Town Board herebv finds that it is the only SEQRA Involved Agency and
it may conduct SEQRA review of the proposed Local Law after the public hearing at its Monda`,
December 16, 2013 meeting.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2013 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 "ZONING" RELATING
TO THE MAIN STREET ZONING DISTRICT
RESOLUTION NO.: 470,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Ronald Montesi
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _of 2013 to amend
Queensbun,Town Code Chapter 179, entitled "Zoning,"to amend language and requirements related to the
Main Street zoning district,and
WHEREAS,before the Town Board may amend, supplement, change, or modI&its Zoning Law and
Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal
Home Rule Law and the Town of Queensbun-Zoning Laws,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board shall meet and hold a public hearing at the
Queensbun� Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 16th, 2013 to
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 575
consider proposed Local Law No.: _ of 2013 and to hear all interested persons, and following the public
hearing may take any other actions authorized by law concerning proposed Local Law No.: of 2013,and
BE IT FURTHER-
RESOLVED,that the Town Board authorizes and directs the Queensbun-Town Clerk to publish and
post a Notice of Public Hearing concerning proposed Local Law No. _of 2013 in the manner provided by
law and to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors,
Warren County Planning Department and to other agencies and departments, communities and property
owners as may be necessary in accordance with New York State Town Law §265, the Town's Zoning
Regulations and the Laws of the State of New York, and
BE IT FURTHER-
RESOLVED,that the Town Board hereby finds that adoption of the proposed Local Law is a T`pe I
Action under the State Environmental Quality Review Act (SEQRA) and directs the Community
Development Department to prepare Part 1 of a SEQRA Full Environmental Assessment Form,and
BE IT FURTHER-
RESOLVED, that the Town Board hereby finds that it is the only SEQRA Involved Agency and
it may conduct SEQRA review of the proposed Local Law after the public hearing at its Monday,
December 16, 2013 meeting.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF NICHOLAS GEORGE AS
TEMPORARY, PART-TIME ACTIVITIES CENTER COORDINATOR
RESOLUTION NO.: 471,2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 576
SECONDED BY: Mr.Brian Clements
WHEREAS,the Queensbun-Town Board wishes to hire Nicholas George as a temporan% part-time
Activities Center Coordinator at the Queensbun-Activities Center on an "as needed" basis while a full-time
employee is out on disability leave,for approximately two(2)hours per da`,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby authorizes and directs the hiring of Nicholas
George to work as a temporan%part-time Activities Center Coordinator to work at the Queensbun-Activities
Center on an "as needed" basis while a full-time employee is out on disabilitv leave, effective as of
November 18th,2013,for approximately two(2)hours per da`,
and
BE IT FURTHER
RESOLVED, that such temporary, part-time Activities Center Coordinator shall be paid $15.27 per
hour to be paid from the appropriate pa`TOII account,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or
Town Supervisor to complete any forms and take any action necessarN to effectuate the terms of this
Resolution.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING CHANGE OF BULK WATER RATE FOR
COMMERCIAL/INDUSTRIAL USERS
RESOLUTION NO.: 472,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town
Board authorize a change to the Town's "bulk"water rate for commercial/industrial users from $1.1511000
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 577
gallons, in excess of 4,000,000 gallons per quarter, to $0.92/1000 gallons in excess of 4,000,000 gallons
per quarter, and
WHEREAS, the Town Board has duly considered such proposed rate change and concurs with the
Water Superintendent's recommendation,
NOW,THEREFORE, BE IT
RESOLVED,that,pursuant to Queensbury Town Code §173-27,the Town Board hereby authorizes
a change to the Town's "bulk" water rate for commercial/ industrial users from $1.1511000 gallons, in
excess of 4,000,000 gallons per quarter, to $0.92/1000 gallons in excess of 4,000,000 gallons per quarter,
and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Water
Superintendent, Town Budget Officer and/or Town Clerk to take any actions as may be necessary to
effectuate the terms of this Resolution, including updating the Fee Schedule to reflect these changes.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE EQUIPMENT
RESOLUTION NO.: 473, 2013
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 578
WHEREAS, in accordance with New York State Town Law §64(2), the Queensbun- Town Board
ma`s authorize the sale of items which are no longer needed by the Town or obsolete,and
WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus
items in their respective Departments and the Town Budget Officer did receive lists of items from various
Departments which are considered to be surplus,and
WHEREAS,the Budget Officer advised the various Town Departments of the surplus items and did
not receive any requests from the Departments for such surplus items and therefore has requested Town
Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such
surplus property, or,if deemed unsafe and/or inoperable by the Department Manager,to be sold as scrap,and
WHEREAS,the following is the list of surplus items provided by the various Town Departments:
Description
2 - Rubbermaid Drafting Tables
7—Office/Reception Chairs
Sand Pro Truck Mount Salt/Sander
1997 Howard Price Turf Mower
White Snow Boss Snow blower
2 - Echo Weed Whackers
Small White Printer Cabinet
Feminine Product Dispenser
Mustang Drainline Jetter
Vibrating Plate Compactor
ALS Sandy-Jet Sand Blaster
Billy Goat Lawn Vacuum
22 - Cafeteria Style Chairs
Small Work Table
Printer Stand and Paper Storage Cabinet
Small Cube Reception End Table
Corner Section Work Table
3-Black Metal Bookcases
3-Metal Desks
Wood grain Desk
Formica Counter Top 2'W x 7'L
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 579
RESOLVED,that the Queensbury Town Board hereby approves of the sale of the surplus items that
are no longer needed by the Town or obsolete as follows:
Description
2 - Rubbermaid Drafting Tables
7—Office/Reception Chairs
Sand Pro Truck Mount Salt/Sander
1997 Howard Price Turf Mower
White Snow Boss Snow blower
2 - Echo Weed Whackers
Small White Printer Cabinet
Feminine Product Dispenser
Mustang Drainline Jetter
Vibrating Plate Compactor
ALS Sandy-Jet Sand Blaster
Billy Goat Lawn Vacuum
22 - Cafeteria Style Chairs
Small Work Table
Printer Stand and Paper Storage Cabinet
Small Cube Reception End Table
Corner Section Work Table
3-Black Metal Bookcases
3-Metal Desks
Wood grain Desk
Formica Counter Top 2'W x 7'L
and
BE IT FURTHER-
RESOLVED,that the Queensbun-Town Board hereby authorizes and engagement of the services of
auction company GovDeals to sell/dispose of the surplus items,and
BE IT FURTHER
RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue
account(s)in accordance with the Queensbun-Town Code and New York State Laws,and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 580
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or
Purchasing Agent to accept or reject any bids received online for any online auction bids,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Budget
Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
RESOLUTION SETTING PUBLIC HEARING REGARDING AMENDMENT
TO SOUTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.'S
BUDGET AND FIRE SERVICES AGREEMENT TO PROVIDE FOR
ENGAGEMENT OF VISION ENGINEERING, LLC FOR PROVISION
OF FEASIBILITY STUDY
RESOLUTION NO.: 474,2013
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.John Strough
WHEREAS, the Town of Queensbury and the South Queensbun� Volunteer Fire Company, Inc.
(Fire Company) have entered into an Agreement for fire protection services (Agreement), which Agreement
sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or
enter into anv binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or
make an`- improvements that would require the Fire Company to acquire a loan or mortgage or use mone`
placed in a"vehicles fund"without prior approval of the Queensbun-Town Board,and
WHEREAS, the Fire Company wishes to engage the services of Vision Engineering, LLC for
preparation of a feasibility stud` regarding the Fire Company's station and lot for an amount of$7, 00,and
WHEREAS, since such expenses are not presently included in the Fire Company's 2013-201
Agreement with the Town, the Town Board wishes to set a public hearing concerning such additional
services and expenses and coinciding amendments to the Fire Company's budget and Agreement,and
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 581
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the
proposed increase in the South Queensbury Volunteer Fire Company, Inc.'s budget for the gear 2013 in an
amount not to exceed$7, 00 for engagement of the services of Vision Engineering, LLC for preparation of a
feasibilitv stud`,and the corresponding amendment to the Fire Company's Agreement with the Town for fire
protection services, on Monday, December 16th, 2013 at 7:00 p.m. in the Queensbury Activities Center, 742
Bay Road, Queensbun%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 2nd day of December,2013,by the following vote:
AYES Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
PURCHASE OF MINI-EXCAVATOR FOR
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 475,2013
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS,the Town of Queensbury's Highway Superintendent wishes to advertise for bids for the
purchase of a mini-excavator for use by the Town Highway Department as set forth in bid specifications
prepared by the Highway Superintendent and/or Purchasing Agent,and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the
bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements
set forth in the Town's bidding documents,
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 582
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing
Agent to publish an advertisement for bids for the purchase of a mini-excavator for use by the Town
Highway Department, in the official newspaper for the Town of Queensbun.and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all
bids received, read the same aloud and record the bids as is customarily done and present the bids to the next
egular or special meeting of the Town Board.
Duly adopted this 2nd day of December,2013,by the following vote:
AYES : Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer
NOES : None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF DECEMBER 2ND, 2013
RESOLUTION NO.: 476,2013
INTRODUCED BY: Mr.John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of November 29th,2013 and a payment date of December 3rd,2013,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
November 29th,2013 and a payment date of December 3rd,2013 totaling$556,972.62, and
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 583
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 2nd day of December,2013,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi
NOES : None
ABSENT : None
4.0 CORRESPONDENCE
NONE
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN TIM BREWER WARD FOUR
• Congratulated the Queensbury High School Football Team on their win and being State
Champions.
COUNCILMAN JOHN STROUGH WARD THREE
• Congratulated the Queensbury High School Football Team on their win and being State
Champions also congratulated the Girls Cross Country Team it has been a good year for
Queensbury School congratulated the kids, coaches and parents for doing a wonderful job
with wonderful results.
• Thanked Supervisor Montesi and Harry Troelstra, from Garden Time for their energy to
revitalize the corner.
• Thanked the following people for all of their help with the volunteer work they have done
on the bridges for Rush Pond. Paul Abess, Kay Beach, Justin Beach, Dean Boecher, Craig
Brown, Paul Edwards, Harrison Freer, Aaron Frankenfeld, Dave Hodgson, Greg Francese,
Jim Leiberum, Bud Maddocks, Lloyd Mott, John Riley, Phil Russell, Bradley Schreiber,
Colby Segulic, Tom Segulic, Ben Smith, Martha Smith, Pat Smith, Torey Sweet, Chris
Strough, John Strough, IV., Jim Underwood, Nick Rowell, Jamie Flansburg, Paul Smith,
Jack Hicks, John Pellino, Ron Montesi. When you see the intricate cedar work on the
bridge that is done by Jim Underwood.
COUNCILMAN BRIAN CLEMENTS WARD TWO
• Congratulated the Spartan athletes from Queensbury will be looking forward
to being at the end of the Parade.
COUNCILMAN ANTHONY METIVIER WARD ONE
REGULAR TOWN BOARD MEETING 12-02-2013 MTG#44 584
• Congratulated the Girls Cross Country Team from Queensbury they did a
great job they were a treat to watch
• Congratulated the Queensbury Football Team for being State Champions
looking forward to seeing them on Sunday.
SUPERVISOR MONTESI
• Time Warner Cable we have a Franchise Agreement with them we have
received a check for $135, 101.31 for the Franchise Agreement for Cable
TV.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 477, 2013
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
Duly adopted this 211d day of December, 2013 by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier
NOES: None
ABSENT:None
RESPECTFULLY SUBMITTED
DARLEEN M. DOUGHER
TOWN CLERK
TOWN OF QUEENSBURY