2014-03-10 - Mtg 9 REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 806
REGULAR TOWN BOARD MEETING MTG#9
MARCH 10, 2014 B.H. 3
7:00 P.M. RES. 85-100
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
BOB HAFNER
PRESS
POST STAR, LOOK TV
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 85, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular
Session and moves into the Queensbury Board of Health.
Duly adopted this l Oth day of March, 2014, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
AB SENT:None
PUBLIC HEARING ON SEWAGE DISPOSALVARIANCE APPLICATION
ADIRONDACK MOUNTAIN RIDGE ESTATES
PUBLICATION DATE: February 24, 2014
OPENED
QUEENSBURY BOARD OF HEALTH
ATTORNEY STEFANIE BITTER AND ENGINEER DEVIN DICKINSON PRESENT
ATTORNEY BITTER-I am here this evening with Devin Dickinson for the applicant. We are
here this evening seeking a septic variance for 85 Hannaford Road, which consists of two tax
map parcels. Our client is Adirondack Mountain Ridge Estates who purchased this property in
September 2013. As we mentioned the last time we were before you, the property has improved
by a one story three season cottage, very modest in size. The existing footprint is one thousand
fifty square feet in size and currently maintains three bedrooms; the cottage is over seventy years
old. The applicant has been pursuing renovations to this structure to enhance it as laid out
without expanding on the footprint and without changing the number of bedrooms. A building
permit is required for the renovations; the septic has to be upgraded pursuant to New York State
Building Code. The applicant is proposing to install a new absorption field, an upgrade and
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install an entirely new system. There is a private well that is shared with the neighbor to the
south, which in designing this system was the main priority, to stay that hundred foot distance.
The property itself is located off of Pilot Knob Road. Although it is on Hannaford, if you are
familiar with that area, there is a steep grade by Pilot Knob. The property does have a little bit of
a strip on Lake George. The applicant accesses the lake by using the stairs, but then it levels up
on Hannaford, which is where the house and obviously the septic system will be installed. The
absorption field as proposed is on the backend of that property, maintaining again that hundred
foot setback from the well as mentioned. Due to the depth and the width and the small size of
the parcel and the layout, the owner is in a position where it cannot find a compliant location for
this absorption field to meet that hundred foot setback from the well, as well as the effluent lines.
We are seeking the following variances. The effluent line will be two feet from the property line
where ten feet is required. Another location where the effluent line will be six feet from the
property line where ten feet is required and the absorption field, although it will be tucked back
in the backhand corner will maintain a two foot separation distance from the northern property
line, five feet from the eastern and seven feet from the southern. Without these variances the
applicant will have an unnecessary hardship because the applicant will be unable to move
forward with the renovation project and obtain a building permit. Honestly not be able to have a
reasonable use of the land because the cottage is in need of renovations. With these renovations
the cottage will move up to be energy efficent and obviously be able to upgrade the septic
system. The design has been contemplated to not materially change or materially detriment the
adjacent landowners. Devin Dickinson is here to describe the process he went through in order
to go through that to get to a point where he felt was best for the all the properties involved.
They are installing a swale around the beds so that there is not going to be runoff or to prevent
runoff. The applicant intends to install a state of the art system on this property; this is the only
alternative to pursue. We have reached out to the neighbors in an attempt to discuss the design,
we were entirely successful in having conversations with those neighbors, but we at least tried to
explain to them what we were doing. I am going to turn it over to Devin to show those exact
areas of the variance points and also obviously to demonstrate the size of that lot.
DESIGN PLAN PRESENTED TO TOWN BOARD MEMBERS AND PUBLIC
DEVIN DICKINSON-The variances that Stephanie discussed are located here. This is the six
foot we are requesting for the effluent line. We are also requesting two feet here, the reason for
that is that there is actually some exposed bedrock in this area. As she discussed, the other
variances we are asking, two feet here, five feet on this property line and seven feet there. This
center line here is actually your hundred foot setback from the well that has been the real issue
for the location of this system itself for the leaching bed. If you look at page 2 of the plans you
will see that we did soil testing and found groundwater at fourteen inches. That is another
component that made us raise the bed out of the ground and required some fill, which again
makes this system a little bit larger. We had a lot of discussions with Dave Hatin back and forth,
I met Dave on site, in his office. He and I kind of worked through it to kind of eliminate as many
of the variances that we could. Again, like Stephanie said to reiterate, we do meet the hundred
foot setback to the well, most important setback. The system itself is somewhat typical. We
have a thousand gallon septic tank, a thousand gallon pump station; we pump to a raised stone
and pipe bed,just a very efficient system. We are controlling the amount of effluent that gets
there. Although we had high groundwater, we did have good soils, you will see on the second
sheet that it is good sandy loom soils. I think that is about it.
SUPERVISOR STROUGH-We're you going to show the public where the variances were?
MR. DICKINSON-Yes.
SUPERVISOR STROUGH-We also got a correspondence today from one of your neighboring
properties. The neighboring property of Casa La Rocca, they were opposed to what you are
proposing. They have some script here, I got this this afternoon around midafternoon and I went
and did my research on it. Their acquisitions, one of their acquisitions is the proposed raised bed
of the system is shown to be outside of a hundred foot radius on the existing potable well. As the
proposed absorption bed is higher in elevations, specifically hydrologically, the system must
maintain a two hundred foot well separation. The predominant surface and subsurface drainage
path is west towards the lake. I looked into that and what the State actually says in 75-A, is that
if your system is new, because in this case it is a replacement system, it's what we call it. If your
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system was new and the gradient was unwaveringly towards the well, then this might apply. If it
was in direct, what they call in line with the well, which it is not, so this is a replacement so the
two hundred foot does not apply here. Furthermore, it is not a gradient and nowhere in 75-A, the
New York State Board of Health or in our Town Code, which reflects that and is stricter, does it
say anything about hydrologically. I think the intent was that if the infiltration bed were to fail
and flow directly into a well that would not be good. In this case you have a gradient, but then
you have a row bed then it goes down the row bed, is at least a foot higher than the infiltration
bed plus there is a dip between that and the infiltration bed. Furthermore it is not in direct line.
Here is the infiltration bed and here is the well, here is the downgrade gradient. I researched that
just to make sure we were doing due diligent. I see people are back there, they are going to
contest that, I did my homework. The next point is that the separation distance does not meet the
setback requirements of the hundred foot setback applicable to the toe-of-slope. I took that to the
building and codes and he said it does meet that.
MR. DICKINSON-That is one of the issues that I did discuss with Dave Hatin.
SUPERVISOR STROUGH-The taper of the raise bed system is supposed to be a maximum of a
3-lslope and we have a 1-1-slope, but in your plans you have a mitigation plan. You are
admitting it is a 1-lslope then you are putting in a mitigation plan. For the sake of the public that
is a coconut blanket, equivalent seed and mulch because your pitch is higher than the 3-1 ratio,
but you are mitigating that.
MR. DICKINSON-Yes.
SUPERVISOR STROUGH-The required fifty percent expansion is not required for replacement
beds, that is only for new. The other bulleted item as a matter of course, the proposed system
discharges waste to a separate adjacent parcel. It depends on how you read our code, but you
could eliminate that, it just seems to make sense if you merge by deed these two parcels.
Anyways that would eliminate that concern. Dave seemed to think that the intent was you
cannot put your infiltration bed on another piece of property owned by another owner and call it
yours. It might be vague in that point, but it could be eliminated and fairly easily just merge by
deed is what Terri Ross our Assessor said. So, how can they fix that problem? You can do a
merge by deed and that solves that? I think that addresses most and there will probably be other
issues that come up, but I did take a look at those issues.
ATTORNEY BITTER-Thank you very much.
SUPERVISOR STROUGH-I did take a hard look at your plan and I will listen to others who
may not agree that it may be the best plan, we will see by the end of the day. Before we go to the
public, public hearing does any member of the board wish to have any question for the
applicant's agent at this time?
COUNCILMAN METIVIER-I guess I am curious why you went this route verses a holding tank
since this is a seasonal home?
MR. DICKINSON-I'm personally not a big fan of holding tanks.
COUNCILMAN METIVIER-Nobody is.
MR. DICKINSON-There are a few reasons really. The nature of a holding tank, the pump out
stinks, the trucks are loud. It really doesn't afford you any kind of backup if you had some sort
of issue where maybe you had a big weekend and it's full. The other thing, like I said, we do
have high groundwater, but we have really good soils. We are raising the system and we still
meet the three foot vertical separation. In my opinion I didn't see a large health hazard in asking
for these setbacks. If we couldn't meet the well that would definitely be a different scenario.
That was my reasoning, I like to always treat if you can.
COUNCILMAN METIVIER-Sure.
SUPERVISOR STROUGH-Anyone else on the board for the applicant's agent? Any other
members of the public that wish to speak to this application? Sir, you have to come on down and
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state your name and address for the record because we tape everything, we make minutes on
everything. Everything has to be recorded so you have to speak into the microphone, thank you.
ANDREW DIDIO, FAMILY MEMBER OF CASA LA ROCCA, LLC-As far as the 3-1 slope,
the Department of Health requirement for a 3-1 slope isn't specifically for soil stabilization in
that area. As far as seeding and mulching it is not a storm water stabilization situation, which is
normally if you are doing slope stabilization this is more to prevent lateral failure of a raised bed
system. This is why they specify a twenty foot minimum taper for a raised bed system, which
the applicant does not provide. I am not familiar with the replacement system for a replacement
system. I believe unless you are replacing system in the same location, if you are relocating a
system it should still have to meet the setback requirements for the Department of Health, if you
are relocating it and there is a well within the required setback distances.
MIKE DIDIO, FAMILY MEMBER OF CASA LA ROCCA, LLC-This is not a replacement of a
system that exists as it is; it is in addition to....
SUPERVISOR STROUGH-Our Building and Codes said it is a replacement system.
ANDREW DIDIO-I understand that as far as from a Building and Codes perspective, the State
Department of Health 75-A, if it is a replacement system it would have to be a replacement
system in the same location. If it was a nonconforming use in that location it would be a
replacement of an existing system that is in a nonconforming use. This is a new system in a new
location, which is now a new nonconforming use. As far as the raised bed system, as it is
currently proposed meeting the hundred foot setback, the basil area's two and a half feet
extended from the edge of all the absorption bed area. As far as the measurement for the taper,
again they are proposing a one on one taper, which is insufficient for lateral absorption of the
bed. There is potential for lateral failure through a 1-1 slope. Even still, if the measurement
should be taken from the total slope because their grade line extends back to existing grade it is
flat in that area, but if you were to extend those grade lines the total slope would actually
encroach within the hundred foot setback.
MIKE DIDIO-I am a neophyte in this, I don't know exactly the terms and logistics of it, this is
not my field. I just want to make sure that you are aware that our well for our property, the only
water source we have is two and a half feet from an effluent line if they are allowed to do this
system. I don't understand how anybody logically could approve something like that, it is
putting our well in jeopardy. I also don't understand this point, is that they are running an
effluent line under a right-a-way, an unapproved seasonal gravel road. From my experiences
from digging there you really don't have a lot of subsoil where you can put a pipe safely under
that road without assuring, because it is a rural area there is no reason why a log truck wouldn't
run over this road or a skidder, there are full grown pines sitting on that ridge if somebody
wanted to take some out. So, I am looking at like my well could be subjected to a breakage on an
unapproved gravel road with an effluent line running under it. I do not know enough about this
to say that this is a safe system because I really don't think it is. I will tell you without that well,
our place is basically worthless, if it has any kind of problem with that. I just can't believe that
this system is the best for this lot. I am not saying that a person can't use it, it improves our
property if it is used and looks nice and upgraded because it had been really run down. I just
don't think this is a safe way to treat neighbors to tell you the truth, I guess that is all I have to
say about that.
SUPERVISOR STROUGH-Do you share the well with these....
MIKE DIDIO-The arrangement for the well was that the old gentleman that was there that
owned it; we all piped out of the lake like most people did in the old days. We shared a pipe
going underneath the road there and because he really didn't know what he was doing my father
who built the camp, built both camps tell you the truth, built all the systems , he worked for
Duplex Construction Company for many years. He at some point decided that he was going to
have a well and he was going to share it with our neighbor because the man couldn't keep water
to his place. He made it so that when we put the well on our property he would have access to
water, that is the way they did it before. They both piped it up from the lake it was on our
property, but we had a line running to that camp so they would have water. It is kind of a
grandfathered dependence that we let somebody have water.
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SUPERVISOR STROUGH-The well looks a lot further away than two feet, it looks like it is
maybe ten feet from the well.
MIKE DIDIO-It is two and a half feet where that line is going to be running.
SUPERVISOR STROUGH-That line is a silt fence. You're talking about the effluent....
MIKE DIDIO-Yes.
SUPERVISOR STROUGH-You will notice the note there that he has incased it.
MIKE DIDIO-The copy that I have is illegible to tell you the truth, even with a magnifying
glass.
SUPERVISOR STROUGH-Part of the effluent line that goes through that area, the applicant is
proposing to incase that to give you double insurance against breakage in that area.
ANDREW DIDIO-The encasement only extends to ten feet either side of their water supply
protecting the water supply line that goes to their well not effectively protecting....
SUPERVISOR STROUGH-It does give added protection.
ANDREW DIDIO-I'm sorry?
SUPERVISOR STROUGH-It does give added protection.
ANDREW DIDIO-Not to the well, to the supply line to the camp.
SUPERVISOR STROUGH-I think you are talking about the silt fence that they are proposing to
put up.
ANDREW DIDIO-They are requesting a variance for the effluent line in proximity to the well,
though, correct?
SUPERVISOR STROUGH-I will get the applicant to speak to that.
ANDREW DIDIO-Could you also address the ability to put an effluent under a shared right-a-
way without any kind of protection on that? We are not talking about a raised nice road there we
are talking about a dirt road that is maintained only by the property owners. It was never really
built, Queensbury does not plow it, does not use it.
SUPERVISOR STROUGH-I know, I was back there, I am lucky I got out.
MIKE DIDIO-And it is getting worse because it is a seasonal road.
SUPERVISOR STROUGH-I will ask the applicant about that.
COUNCILMAN METIVIER-Would you feel more comfortable if we require them to encase
that line under the road and for a distance on either side of it as well.
MIKE DIDIO-The whole thing should be encased I would think.
COUNCILMAN METIVIER-From the house....
MIKE DIDIO-Honestly no one here has the longevity I have there because we were just normal
people, anything that is dug there my father and I dug it. We didn't even have machinery there,
it's not a lot there, it is ledge, it is all on ledge. During Hurricane Katrina that was basically a
waterfall, everything that came off that ledge just went right off onto Pilot Knob Road, there is
very shallow soil. I don't believe there is any clay there, I believe that anything there was drawn
in and is filled to take the irregularities out of the ledge.
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ANDREW DIDIO-As far as the applicants statement that the impression that the proposed raised
system falls outside the hundred foot setback even with their 1:1 toe to slope. Appendix 75-A,
clearly states that the setback requirement is required from the toe of slope just because the
existing grade is extended and tied back level back to existing grade, the propose grade sorry. If
you extended that toe of slope out it would fall within the hundred foot setback. It is still our
position that they would be up gradient for a replacement system be that as it may. It is up
gradient once you put a raised bed system higher than the elevation of the proposed well, it is
higher.
SUPERVISOR STROUGH-What they could do is go to a 3:1 slope, move the infiltration bed in
closer and just get the variance from the distance from the well.
ANDREW DIDIO-That would have to be from the Department of Health.
SUPERVISOR STROUGH-What seems to me if you weigh the two, I would rather have the
greater distance from the well.
ANDREW DIDIO-That would be the County Department of Health.
SUPERVISOR STROUGH-We act as the Department of Health.
ANDREW DIDIO-You do act as the County Department of Health?
SUPERVISOR STROUGH-We are the Department of Health.
ANDREW DIDIO-So you would feel comfortable granting a waiver for a new system within a
hundred feet of a well.
SUPERVISOR STROUGH-I have looked at this system; I have looked at many of them I am
tough on systems next to Lake George. This system though given what it is given doesn't seem
like such a bad design, but I am still open to thoughts.
ANDREW DIDIO-Ultimately we understand that septic variances, area variances have been
granted in the past and it is difficult to not be able to use a parcel. Ultimately, I think it is the
responsibility of the purchaser of the property to do their due diligence on whether or not a
property has appropriate septic, whether they can fit appropriate septic on that site. Ultimately
that was part of due diligence when our family looked at purchasing the property. We
understood and after conversations we understood it would have been cost prohibited to us to do
a septic system on the property because it was discussed that we would have to potentially
purchase a section of the parcel to the north, approach those folks to try and purchase that
property so that we could have appropriate separation distance from the well. It was stated that
this is a state of the art system; this is a septic tank with dosing pump that goes up to a raise bed,
that is a very generic system. Ultimately you are pumping it to a raised bed, is because they are
going up gradient. I would suggest that additional pretreatment measures be examined if this
area variance is to be granted or looked at to fall within a hundred foot setback. Additional
pretreatment methods should be examined by the board, extended aeration, sand bed filtration
these types of things in order to protect public health and the environment, which is ultimately
the goal of 75-A.
SUPERVISOR STROUGH-Is there anything else?
MIKE DIDIO-That should do. I do want to thank you for going up and taking a look at it, I
appreciate that.
SUPERVISOR STROUGH-Anyone else from the public wish to speak to this application?
DENISE BUHER, PART OWNER OF CASA LA ROCCA-This is my family's camp, I am also
the owner of the property that is east and south of where the absorption area is. I just purchased
those lots this summer for two reasons, to protect our family property from any encroachment or
any development in that area, also in hopes that I would be able to build something eventually on
that lot for my kids or our family. I did speak with the owner and they did reach out to us, we
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just didn't have a lot of time to try to get anything together so I apologize for not getting back to
you. I did talk to the engineer and one of the owners, I had questions, and I know they are doing
their best. As my brother said we looked into purchasing this property and we saw the
limitations. I don't think it was that difficult to see that it was going to be a problem. We
decided that it was more valuable to us because no one would be able to comply to the rules of
the state so we decided it was going to cost too much to be able to do it. I think that the owners
really could have investigated that a little further than they did. It seems to me that there could
be a better system. I don't know, it is not anything that I understand to be honest with you. The
variances that they are requesting are right near my lot, it is within two feet. That area, I know it
is not wetland, but it is very wet in there. Whenever there is a lot of rain or snow melt, that is all
flooded in there. Like my brother said, when we have a big storm, especially with the hurricane,
that all was like a big waterfall. It is a lot of rock. What the engineer told me, because I said,
can you go north, can you put the system a little further north away from the well, away from our
property? They were worried about the rock over there, but I think it's just as bad over on our
side; it is just that we have some topsoil there. I know my father when he dug the well he was
concerned how deep he had to go through that rock, but I really don't understand anything
beyond that. I worry about my property there with the capacity of the stuff that is being dumped
in there. I think that if that is a wet area, the capacity will not be what they think it will be. To
have it so close to my piece of property I would worry about that. Also if I were to develop my
lot, having that system so close to that lot would prevent me from doing anything it would
prevent me from doing a well. I know that these guys are flipping this property. They are
hoping to flip it by the beginning of the summer so we don't know what kind of neighbors we
will get. We have been great neighbors like we said; the Schuman's they used our water, we, my
father never even charged them for that. We don't know what is going to be moving in there,
who is going to be moving in there so that is a concern that we have. That they put the system in
and it's like, okay, they get to wash their hands of it, they don't have to worry if it does fail. We
have to worry; we have to worry about whoever the neighbor is that purchases it. The site is
small, I understand that, we understand that. It is not as valuable as maybe people would think
because it is so constrained. Again we looked into it and we decided that it wasn't going to be a
good value and if this is done I am afraid what it's going to do to the value of my property.
SUPERVISOR STROUGH-Currently their system is where those holding tanks are.
MS. BUHER-It is not where the holding tanks are, it is in a different area, it is under their deck.
The septic that is there now, it is a new septic, it is not replacing the one that is there. The one
that is there is under the deck, they are moving this one out.
SUPERVISOR STROUGH-So, that's not good and not so good close to the ledge right so what
they are proposing is better isn't it?
MS. BUHER-How is it better?
SUPERVISOR STROUGH-It is safer.
MS. BUHER-In what way because it is closer because...
SUPERVISOR STROUGH-Because the infiltration bed is away from that cliff that you say has
shears of waterfalls going off it regularly.
MS. BUHER-I am talking about the back property. My lot is...
SUPERVISOR STROUGH-Next to it.
MS. BUHER-This is my lot here, it is like an L that is what I am referring too. I purchased this
this summer, this is Casa La Rocca here. I am referring to this area here this is all wet in here
there is a stream back there. There is not a lot of water until we get rain, but it is wet in there.
SUPERVISOR STROUGH-So you are going to be very limited as to what you can do in there.
MS. BUHER-What I can do here? Yes.
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SUPERVISOR STROUGH-Because it is so wet.
MS. BUHER-Because this is two feet from my property line when it is supposed to be ten feet.
SUPERVISOR STROUGH-Okay any questions for Mrs. Buher?
COUNCILMAN IRISH-I think Denise brings up some good points with it if she were intending
to do something with her property. I think that her brother brought up some good points. I sat
on this board ten years ago, fifteen years ago and it used to irritate me to sit here and listen to
people come in and talk about property that they just bought on whatever lake it was in the Town
of Queensbury and how they couldn't do anything with it with the existing regulations in the
Town of Queensbury. I don't think I sat through two years where we didn't approve a variance
for septic and it drove me nuts because I thought that we either didn't need our Planning
Department or we didn't need our Zoning Regulations or we should just let people do whatever
they wanted to do because we always approved whatever came in front of us. Maybe there were
some modifications to make people feel better on the Planning Board or the ZBA. I tend to
agree with Tony. I think if it is a three season place, you bought the property for whether you are
going to flip it, use it, whatever you are going to do with it, it certainly qualifies for a holding
tank in my book. At least in my mind I would feel better about putting a holding tank on that
property than saying let's impact Denise and her property by giving them a variance to encroach
on that. If she decided to do something, she would be back for a variance to do something with
her property; it is just an ever perpetuating issue there. I think at some point the Town needs to
decide what it wants to do with lakefront property or lakeside property. You either want to
protect it and you put zoning regulations in place to do that and you stick to it. Again, there are
some modifications that you can make, but I don't know that we ever denied a variance on a
septic application here to come in front of the board with five of them and it is not a huge area
variance, but it does impact the neighbors so I have some concerns with that.
SUPERVISOR STROUGH-Any other members of the board?
COUNCILMAN VANNESS-After sitting here, I spoke to you earlier about it I, too have to say,
I like the holding tank idea. I know the area, I know the area very well from being out on the
lake. I have seen the water that comes down through there in the spring and if we do get horrific
rain storms. I have seen the water that comes across that lake. I understand the smell of
emptying a holding tank, they do it at the Algonquin all year long. I just think the only way to
preserve it and to stop it from all whether it would be getting into the lake or whether getting into
their well is to retain it, hold it and get it pumped.
SUPERVISOR STROUGH-Do you have any questions for Mrs. Buher?
COUNCILMAN VANNESS-No, I don't.
SUPERVISOR STROUGH-Thank you. Any other members of the public wish to speak to this
application?
JOHN SALVADOR, RESIDENT IN NORTH QUEENSBURY-A holding tank is not the end of
the world. We maintained one in our marina for twenty-five years, never had any problems. We
had it pumped regularly. The odors are not offensive. No complaints from anyone. It is
certainly the safest way to go. Thank you.
SUPERVISOR STROUGH-Any other members of the public wish to speak to this application?
Will the agents to the application please return to the table. The Dido's brought up the 3:1 ratio,
would you speak to that?
MR. DICKINSON-We absolutely meet our basil area and then some by quite a bit. Again, the
system isn't that far out of the ground, even if you did a thirty degree angle for your breakout, we
still meet all those requirements. This is not a precedent; however, you feel about it, it is not a
precedent for sure in the Town of Queensbury. A lot of systems utilize a similar type of setup
for that reason to try and shrink it down. The soils do go a long way, we don't have clay and
poor soils, we have good infiltration, good perk rates. The effluent line I will sleeve from the
tank all the way across the road, one continuous sleeve, I have no problem doing that at all.
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 814
COUNCILMAN METIVIER-What do you sleeve it in?
MR. DICKINSON-You just do another PVC. We have an inch and a half, we will sleeve it in a
two and a half or a three, it is a continuous flexible roll. From one end to the other, if you had
any kind of failure it would be beyond the fifty foot setback from the well on both sides.
COUNCILMAN VANNESS-Your perk rate was right up to par?
MR. DICKINSON-The perk rate was great. I think it was like around four minutes, three
minutes actually so we had a good perk rate. It is not like it is going to go through our bed and
soil media and sit and break out, which is the case in clay soils and things like that, which again
also helps shrink the basil area. As far as the holding tanks go this is a tough site to put a holding
tank in. I mean everybody's talked about how much rock there is, I think we can get these tanks
in the front because they filled them at one point. But, in order to do a holding tank with a five
day capacity plus the additional back-up and everything you're talking pretty good sized tanks.
Again, I'm not a fan of the holding tanks, I'm really not. I don't think this is a site, if we had
poor soils and couldn't meet the well setback and then, I think it's a viable solution. I've done
holding tanks; I'm doing the Algonquin right now, redoing that system.
SUPERVISOR STROUGH- But, I know how difficult the road is and any snow storm at all, a
truck's not going to be able to get back there to empty the holding tank.
MR. DICKINSON-No yeah, no.
COUNCILMAN METIVIER-But they're not there in the wintertime so.
SUPERVISOR STROUGH- Well, if they are there in the fall, we had snow in October this year.
MR. DICKINSON- Yeah.
SUPERVISOR STROUGH- And we've had snow in April. Well, I'm just trying to say, is the
road bed there muddy and difficult to traverse or?
MR. DICKINSON-We have the effluent line in the south, it is that as you go to the north it is
exposed bedrock.
SUPERVISOR STROUGH-The road itself beyond what we plow on Hanneford, I followed the
ruts.
MR. DICKINSON-There are spots where it is low where it gets wet. I don't live there, I am just
discussing it based on what I've seen.
SUPERVISOR STROUGH-Would a tanker be able to get back there to empty holding tanks?
MR. DICKINSON-They would get back there, I don't know if they would get turned around, but
they could get back there.
SUPERVISOR STROUGH-They would have to back in.
MR. DICKINSON-Its' tough, but they could probably do it. I have designed holding tanks
where I think you need them. I have designed, we talked about pretreat with the aeration, the
peak systems, the pure flows, I have designed those. Personally, I don't think it is in an
environmentally critical area to that extent where you need that kind of high end system. The
Health Department only requires two feet of vertical separation, you guys require.....
COUNCILMAN IRISH-Let me ask you a question. I didn't mean to cut you off, but let me ask
you a question. Is there anything that you can do within this renovation that would meet the
existing code without doing any of that septic tank, using a variance or whatever you are
proposing,just because you are doing it, you have to upgrade the entire system?
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 815
MR. DICKINSON-The septic tank is too close to the house. The leaching field is in front of the
house, there are three or more fingers that go out in all sorts of directions. It is undersized, it
doesn't meet the hundred foot setback to the well. It was put in without a permit, which is
another issue. We definitely explored that avenue first with Dave, there are a lot of issues with
it. I mean to keep that system fifty feet from the well doesn't make any sense at all. The other
thing with the slope that everybody discussed, it is very explicit in the New York State
Regulations, is that it has to be directly in line. You have to think of how many wells are of
lower elevation and a septic system directly in line, it is exactly what you said it is for a failure
case, if you follow the contour here, they are definitely not directly in line with that.
SUPERVISOR STROUGH-And the word replacement means replacing of existing system.
MR. DICKINSON-Yes, it doesn't have to be the same location. It is a pre-developed site; they
are giving it away because they want to see systems in there.
MR. VANNESS-When are you looking to move forward with this? I understand right now you
are looking for approval. What is your intent as far as moving forward in getting this, obviously
it is going to be a while yet, frost is still four foot deep.
MR. DICKINSON-Essentially once the frost is out of the ground you can get in there and work.
That is essentially the idea. Is there a concern with the timeframe?
MR. VANNESS-I have to say personally, I didn't get an opportunity to get out and look at it. I
wanted to get out there and I didn't get a chance to get out there and look at it. I would like the
chance to go out and look at this. I know the area, I know it very well. Before I sit here and say
adamantly that I'm going with the holding tank or I'm going with this. I know personally I
would like to get out there and take a look at it John. I like to see what it is, that is why I have
asked to table this until next meeting. Maybe a group of us can get together and go out and take
a look at this thing.
SUPERVISOR STROUGH-I will poll the board and see what they want to do after the
discussions pretty much run its course.
COUNCILMAN METIVIER-Can you address the comment about flipping the house?
MR. DICKINSON-I think they bought it; yeah they want to upgrade and remodel it and get it
back on the market, that is the idea. This is going to be a great place that somebody can come
and buy and not have to go through all this trouble. If you are not a developer, that is the kind of
thing that turns people off, you have to get somebody who has been through it and knows how to
do it. To say that the value of the property is zero because you have a couple of hurdles to
overcome, how would that make the Schuman's feel if they couldn't sell their property? That is
typically how it goes; you get someone who is willing to go through the process. They are not
expanding the house. They are not going second story. It was a three bedroom existing cabin. It
needs work. That is the idea.
COUNCILMAN IRISH-It is three bedrooms when you are done with it as well?
MR. DICKINSON-Yes. It is three bedrooms now, we are just doing three bedrooms. Just
redoing the inside, replace windows, all that kind of stuff.
COUNCILMAN METIVIER-Our argument has always been anytime you have a septic system
upgrade it is a better solution to what you have right now, I am just not a fan of this one. I don't
like the fact that you are putting a pipe under a road, it is not even a paved road there, is a lot that
can go on. It is one of those things that I am not comfortable with. I understand you can case it,
but plastic break on plastic. I don't know, I am just not a fan of it.
MR. DICKINSON-We are looking at doing a twelve inch e-trench and make sure it is bedded
properly and everything else. It is a valid concern. If we get it deeper we would, but with the
rock there it is difficult. There are definitely things to overcome, there is no question.
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 816
COUNCILMAN METIVIER-If we table this so some of the guys can go out and look at it, could
you put together some kind of plan as to if there is a possibility of putting a holding tank in
verses septic?
MR. DICKINSON-I could. The only place you could put it is out front there and I don't know if
you have the depth to get the bigger tanks in there.
SUPERVISOR STROUGH-Did you look at alternate systems and more efficient systems?
MR. DICKINSON-Absolutely. Like I said, I've designed a handful of pure a flow systems all
over the lake and some in Queensbury. Typically you do them in areas where you need relief
from the water body or maybe your own well or situations like that. Me personally, I just didn't
feel like this was a situation we really needed the pure a flow.
COUNCILMAN IRISH-What would be the benefits of that over what you are proposing here?
MR. DICKINSON-You do get more treatment out of the pure a flow, it is essentially treated
when it comes out of the bottom of the tanks, then it is dispersed in stone. Some guys ask for
waivers from the two foot vertical separation, three foot vertical separation.
COUNCILMAN IRISH-Would you need the same land area that you are talking about for
variance in that system?
MR. DICKINSON-You need to get your basil area. But with that said, they are approved with
retaining walls, which does away with all the fill so I might be able to. On that note, if we can
meet all these things, we could go right to Dave to get a building permit.
COUNCILMAN IRISH-I understand there is a cost offset for that. If that were something that
you could do and avoid this process I would certainly be in favor of that.
MR. DICKINSON-I don't think I could do them all. I would probably still need a separation
distance from the north property, but since they are not here, it is the lesser of all evils. I don't
know, it is not a guarantee. I did look into Elgin's, looking at different beds and other types of
systems, that is about as small I could make it.
SUPERVISOR STROUGH-What I am hearing from the board is at least some of them would be
happy with holding tanks; it doesn't mean that they absolutely said no to this system. They
would like more time to get up and take a look at the system and go from there. They would like
to go up there, we have possibly a big snowstorm coming Wednesday.
COUNCILMAN IRISH-I just want to remind everybody that when John took office he
encouraged the snow to come.
ATTORNEY BITTER-It is good for tourism.
SUPERVISOR STROUGH-I am not sure what the applicant schedule is because if these guys
would like to get up there and I certainly couldn't send them up in the near future.
MR. DICKINSON-They can't do any construction at this point, that is the other problem.
SUPERVISOR STROUGH-If we table this to April 7th and give them more time to consider
what you proposed and get a look at the site? If you decide to come back with a holding tank I
think you have the opinion you will get that approval. I will leave the public hearing opened.
MR. DICKINSON-I just want to address Ms. Buher's comments as well just a little bit and have
everything covered. I did speak to Ms. Buher about her property, her vacant parcel is going to be
up against all of the same issues that we have. The hundred foot setback issue goes a little
further into her property than ours. We have the soil test, she is going to have the same soils, it is
relatively the same grade, hers is significantly deeper than our lot. I don't think that our system
is going to significantly impact once she puts her system in and meets the hundred foot setback,
hers is going to be further into her lot than ours would be.
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 817
SUPERVISOR STROUGH-I can't disagree with that.
MR. DICKINSON-I understand her concerns, but I don't think this is a significant impact to the
develop ability of her property, it certainly does not make it non buildable.
COUNCILMAN CLEMENTS-I just wanted to make a point. I think a while ago we took a look
at another site, I don't know if it was in this area, but it was a similar type of thing where they
had bedrock. They did have some holding tanks that instead of being deep were wider and
flatter. I don't know if you have looked into that, but that might be something you might be
interested in looking at too.
MR. DICKINSON-If we are really forced into them that is probably the scenario we would put
in there, we have a retaining wall in front that is only maybe three feet higher.
COUNCILMAN METIVIER-You are using plastic septic systems now?
MR. DICKINSON-I put that in because I am not a hundred percent sure we can get a crane in
there to get those concrete tanks in. That is an additional expense, they are about two thousand
dollars, there are two of them.
COUNCILMAN METIVIER-Any drawback to them?
MR. DICKINSON-They are expensive. You worry about buoyancy and stuff like that, but you
just set your floats. There is not really.....by Health Department and everything else it is just
expense.
COUNCILMAN METIVIER-How long have they been around?
MR. DICKINSON-Quite a while. I don't specify in my plans if I don't have to just because of
the cost, but they have been around for quite a while. We use a Roth tank when we need them,
they are distributed locally, they are made in New York, they are a good tank.
SUPERVISOR STROUGH- Anything else from the board, anything else on behalf of the
applicant? I understand that you want to table this. What date? We don't have to set a date.
MR. VANNESS-Doug and I are going to go up tomorrow.
SUPERVISOR STROUGH-We will just leave it open until we get some feedback from you and
then we will set the date.
MR. VANESS-We are going to take a ride up there tomorrow and take a look at the layout of it
before the storm comes and hopefully get some idea. I know they have been patience and we
appreciate it. I would like to get it looked at and make a decision as soon as possible for them
whatever way it be.
ATTORNEY BITTER-Do you want us to go up with you or would it be helpful to have Devin
there?
COUNCILMAN VANNESS-It probably wouldn't hurt if he would show the layout out to us.
How about one o'clock tomorrow afternoon, would that be alright? We can meet you at the
intersection of Hanneford there, I have the truck.
COUNCILMAN IRISH-How about three?
COUNCILMAN VANNESS-Is three o'clock all right?
MR. DICKINSON-Three is fine.
COUNCILMAN IRISH-Does Mr. Didio have a question?
MICHAEL DIDIO-If you are going to do that, could I be present at that. When would that be?
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 818
COUNCILMAN IRISH-Three o'clock.
MICHAEL DIDIO-Three o'clock tomorrow.
COUNCILMAN VANNESS-Three o'clock tomorrow. That would be great ,we appreciate the
help, it would give us insight on it.
PUBLIC HEARING TO REMAIN OPENED
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. BOH 3, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the
Town Board of the Town of Queensbury.
Duly adopted this l Oth day of March, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. Van Ness, Mr. Strough, Mr. Metivier
NOES: None
AB SENT:None
2.0 PRIVILEGE OF THE FLOOR
JOHN SALVADOR-Spoke to the board regarding the Resolution Authorizing Out of District
Agreements for Provision of Water and Wastewater Services between Town of Queensbury and
North High Realty Holding for property located at 1519 State Route 9. Questioned the board as
to why does the Town supply water and wastewater utility service to its customers through
infrastructure, which is privately owned. Spoke regarding Sewer District Extension No. 1,
explaining that it has never been approved. Asked how North High Reality Holdings, Inc. be
permitted to receive water and sewer services through a non existing infrastructure that hasn't
been approved? Also questioned why it has not had a SEQRA review. Questioned what
modifications to the Town's standard Out of District Agreements will be necessary to
accommodate the proposed connections to a privately owned water and sewer infrastructure.
What are the specific instruments and documents which the Queensbury Water Superintendent
and or Wastewater Director are expected to execute and deliver?
RUTH LAMB-Member of the Tri County Transition Initiative-Working with the Board of
Supervisors and DEC who have approved a Workshop on Composting, the idea being we have a
lot of things that are seen as waste that do not need to be waste. This is an opportunity to get
some education about how to take our landscape materials and possibly food and compost them.
In Schenectady County at the Soil and Water where they have a big recycling area they sell back
to their customers the mulch and compost they are making out of food scrapes and waste
landscape material. On April 4t1i 2014 at Workshop is going to be held at the DEC Building in
Warrensburg. As a resident of Queensbury it would be wonderful to have someone from the
Town present at this meeting.
ANDREW LEUCI, OWNER OF NORTH HIGH REALITY, 1519 Route 9, Queensbury-Spoke
to the board regarding his intentions to hook up to water and sewer. We have done this in the
past with another property that we have in Queensbury, it didn't seem to be a problem, it worked
out well. Explained to the board their intentions with the property, this is going to take a lot of
effort and thinking on their part to make sure that it works right with the whole situation that is
there. There is not going to increase water or sewer to a large extent in the building, there will be
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 819
only one bathroom, three room tops. The Planning Board did approve for the catering business,
we will do what we have to do to satisfy the requirements for this.
3.0 RESOLUTIONS
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM
NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS
TO BE USED FOR TOWN COURT IMPROVEMENTS
RESOLUTION NO.: 86,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, by Resolution No.: 347, 2013, the Queensbury Town Board authorized submission of
an application for a Capital Improvement Fund Grant from the New York State Office of Court
Administration(OCA)to be used by the Town for Town Court improvements, such improvements including
the acquisition of a TASKaIfa 45001 Multifunction photocopier/fax/printer (TASKaIfa Printer) for the
Town's Courtroom for the State contract price of$6,330, and
WHEREAS, the grant application was submitted and the Town has been awarded a grant in the
amount of$3,625,and
WHEREAS, the Town Board wishes to accept such $3,625 in grant funds, establish appropriations
and estimated revenues for such grant award, and authorize $2,705 in appropriations toward the remaining
balance of the TASKaIfa Printer,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts the $3,625 in grant funds from the
New York State Office of Court Administration (OCA) as set forth in the preambles above and authorizes
and directs the Town Supervisor to execute any needed grant acceptance form and/or any other associated
documentation,and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board hereby establishes appropriations and
estimated revenues in the amount of$3,625 for such grant funds as follows:
• Increase Appropriation 001-1110-2010 Town Justice Office Equipment by$3,625;
• Increase Revenue 001-0000-53021 State Aid, Court Facilities by$3,625;
and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes the allocation of$2,705 in funds towards the
acquisition of a TASKaIfa 45001 Multifunction photocopier/fax/printer (TASKaIfa Printer) for the Town's
Courtroom to be paid from Account No.: 001-1110-2010, and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 820
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the
Town Budget to transfer$2,705 from Contingency Account No.: 001-1990-4400 to Account No.: 001-1110-
2010 and take all other actions necessary to effectuate the purchase, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to make
any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to
establish such appropriations and estimated revenues and authorizes the Town Supervisor, Town Court
Clerks and/or Town Budget Officer to take all other action necessary to effectuate the terms of this
Resolution.
Duly adopted this l Otn day of March,2014,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT : None
RESOLUTION ADOPTING NEW TAPPING FEE SCHEDULE FOR
TOWN WATER DEPARTMENT
RESOLUTION NO.: 87,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS,the Town of Queensbury previously established tapping fees to cover the cost of Town
ownership and installation of water services and meters installed for residents and businesses receiving Town
water service,and
WHEREAS, the Town Water Superintendent informed the Town Board that as a result of an
increase in material and labor costs, he recommends that the Town Board increase its tapping fees to reflect
such price increases,and
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and directs adoption of the Water
Department's new tapping fee schedule as follows:
Tap Size Present Fee With Proposed Fee With Present Meter Proposed Meter
Meter Meter Charge Charge
'/4" short $770 $920 $250 $315
3/4"long $1,230 $1,40 $250 $315
1" short $910 $1,12 $385 $465
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 821
1"long $1,380 $1,60 $385 $465
1 ''/2"short $1,10 $1,555 $550 $780
1 '/2"long $1,800 $2,255 $550 $780
2" short $1,575 $2,060 $675 $1,000
2"long $2,200 $2,960 $675 $1,000
[The above fees do not include an`- rock excavation. The cost for an`- such excavation will be added to
the applicable fee.]
and
BE IT FURTHER-
RESOLVED,that this new tapping fee schedule shall take effect immediately,and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Water Superintendent 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 I Otn day of March,2014 by the following vote:
AYES Mr.VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES None
ABSENT: None
RESOLUTION AUTHORIZING CLOSURE OF: 1) REHABILITATION
FOR FILTER #4 CAPITAL PROJECT FUND #191; 2) WATER
DEPARTMENT PUMP DRIVE CAPITAL PROJECT FUND #193; AND
3) WATER DEPARTMENT BOILER IMPROVEMENTS
CAPITAL PROJECT FUND #197
RESOLUTION NO.: 88,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, in accordance with Resolution No.: 199,2012, the Queensbury Town Board
established the "Rehabilitation for Filter 44 Capital Project Fund 4191," which established funding for
expenses associated with the purchase of materials and labor associated with the installation of the
rehabilitation for Filter 44 rebuild and the purchase and delivery of approximately 1,500 cubic feet of media
for Filter 44 at the Town Water Department(Project#1), and
WHEREAS, in accordance with Resolution No.: 278,2012, the Town Board established the
"Water Department Pump Drive Capital Project Fund 4193," which established funding for expenses
associated with the purchase and installation of an ABB Variable Frequency Drive for High Lift 43 at the
Town Water Department(Project 42), and
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 822
WHEREAS, in accordance with Resolution No.: 193,2013, the Town Board established the
"Water Department Boiler Improvements Capital Project Fund 4197," which established funding for
expenses associated with certain boiler improvements at the Town Water Department(Project 43), and
WHEREAS,the Town's Water Superintendent has advised that the Projects are complete and the
Funds can be closed, and
WHEREAS,the Town's accounting records show that there is approximately$10,600 remaining
in Capital Project Fund#191, approximately$3,220 remaining in Capital Project Fund#193 and
approximately$5,710 remaining in Capital Project Fund 4197, and
WHEREAS, the Town Board wishes to close these Capital Project Funds and transfer the Funds'
remaining balances back to the Town's Water Fund 440 Fund Balance,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget
Officer to close the Rehabilitation for Filter 44 Capital Project Fund#191,Water Department Pump Drive
Capital Project Fund 4193, Water Department Boiler Improvements Capital Project Fund 4197 and
transfer the Funds' remaining balances back to the Water Department's Fund Balance, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer,
Accountant and Water Superintendent to take such other and further action as may be necessary to
effectuate all terms of this Resolution.
Duly adopted this I Otn day of March,2014,by the following vote:
AYES : Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING IN
THE FIRST INSTANCE 100% OF FEDERAL AID AND STATE
"MARCHISELLI" PROGRAM AID-ELIGIBLE COSTS OF A
TRANSPORTATION FEDERAL-AID PROJECT AND APPROPRIATING
FUNDS THEREFORE - AVIATION ROAD/DIXON ROAD/FARR LANE
INTERSECTION IMPROVEMENTS -DESIGN, RIGHT-OF-WAY (ROW)
INCIDENTALS, ROW ACQUISITION AND CONSTRUCTION
RESOLUTION NO.: 89, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, a Project for the Aviation Road/Dixon Road/Farr Lane Intersection Improvements,
Town of Queensbury, Warren County, P.I.N. 179.06 (the Project) is eligible for funding under Title 23
U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the
ratio of 80%Federal funds and 20%non-federal funds, and
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 823
WHEREAS, by Resolution No.: 232,2012, the Town Board authorized and approved the Project
and authorized and directed that the sum of $273,702 (two-hundred seventy-three seven hundred two
dollars and no cents) ($258,385 for Preliminan� Engineering and $15,317 for Right-of-Way Incidentals)
be made available to cover the cost of participation in the Project, with such sum of$273,702.00 to be
appropriated from the established Capital Project Fund known as the "Aviation Road/Dixon/Farr Lane
Intersection Improvements Project Grant Fund 4192," which Fund established funding for expenses
associated with the grant funds and established initial appropriations and estimated revenues for Capital
Project Fund#192 in the amount of$273,702 funded from grant funds received b`�the Town and from the
Town's Capital Reserve Fund 464, and
WHEREAS, by Resolution No.: 401, 2013 the Town Board further authorized and approved that
the additional sum of$124,293 (one-hundred twenty-four thousand two hundred ninety three dollars and
no cents)be made available to cover the cost of participation in the ROW acquisition phase of the Project,
with such sum of $124,293 to be appropriated from the Aviation Road/Dixon/Farr Lane Intersection
Improvements Project Grant Fund 4192 and establishes additional appropriations and estimated revenues
for Capital Project Fund 4192 in the amount of$124,293 to be funded from grant funds received by the
Town and from the Town's Capital Reserve Fund 464, and
WHEREAS, by Resolution No.: 504,2013 the Town Board approved the appropriation of up to
Six Hundred Eight` Thousand Dollars ($680,000) in currently available funds and the issuance of up to
One Million Three Hundred Seventv Thousand Dollars ($1,370,000) in serial bonds or bond anticipation
notes for this project, and
WHEREAS, the Town of Queensbury wishes to again advance the Project by making a
commitment of 100% of the federal and non-federal share of the costs of Design, Right-of-Way (ROW)
Incidentals, ROW Acquisition and Construction phases,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby reaffirms the Project for the Aviation
Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbun%Warren Count`, P.I.N.
179.06 (the Project), and
BE IT FURTHER-
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or
Town Budget Officer to pay in the first instance 100%of the federal and non-federal share of the cost of
Design Right-of-Way(ROW) Incidentals, ROW Acquisition and Construction phases for the Project or
portions thereof, and
BE IT FURTHER-
RESOLVED, that by Resolution No.: 232,2012 and Resolution No.: 401,2013 the sum of
$397,99 (Three hundred ninety-seven thousand nine hundred ninety-five dollars and no cents) has
already been appropriated and made available to cover the cost of participation in the above phases of the
Project, and
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 824
BE IT FURTHER-
RESOLVED,the Town Board confirms and ratifies that it previously authorized and directed that
the sum of$1,641,786.2 (One million six hundred fort`-one thousand seven hundred eight`-six dollars
and twenty-five cents) shall be made available to cover the cost of participation in the Design Right-of-
Wav(ROW) Incidentals, ROW Acquisition and Construction phases of the Project, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any
necessan� adjustments, budget amendments, transfers or prepare any documentation necessary to establish
such appropriations and estimated revenues,and
BE IT FURTHER-
RESOLVED, that in the event that the full federal and non-federal share costs of the Project
exceeds the amount appropriated above,the Queensbun� Town Board shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli
Aid on behalf of the Town of Queensbury with the New York State Department of Transportation in
connection with the advancement or approval of the Project and providing for the administration of the
project and the municipality's first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations
therefore that are not so eligible, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury's
Senior Planner to file a certified cop` of this Resolution with the New York State Commissioner of
Transportation by attaching it to any necessary-Agreement in connection with the Project, and
BE IT FURTHER-
RESOLVED,that this Resolution shall take effect immediately, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Budget Officer and/or Senior Planner to take all actions necessan� to effectuate all terms of this
Resolution, and
BE IT FURTHER-
RESOLVED,that this Resolution shall take effect immediately.
Duly adopted this I Otn day of March, 2014, by the following vote:
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 825
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr.VanNess, Mr. Strough
NOES None
ABSENT : None
RESOLUTION AUTHORIZING STIPULATIONS OF SETTLEMENT
BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY
UNIT OF THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC.
(CSEA) CONCERNING IMPROPER PRACTICE CHARGES -
PERB CASE NOS.: U-32624, U-32241 AND U-32242
RESOLUTION NO.: 90,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, there is currently an Agreement between the Town of Queensbury (Town ) and the
Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) which is in full force
and effect until December 31St,2015,and
WHEREAS, CSEA filed an Improper Practice Charge (PERB Case No.: U-32624) concerning part-
time,temporary and seasonal employees outside of the bargaining unit, particularIv pertaining to their use at
the Town Highwav Department,and
WHEREAS, CSEA also filed two Improper Practice Charges (PERB Case Nos.: U-32241 and U-
32242) concerning part-time, temporary and seasonal employees outside of the bargaining unit, particularly
pertaining to their use at the Town Recreation and Building and Grounds Departments,and
WHEREAS,the Town and the CSEA have met and negotiated terms to settle the disputes,and
WHEREAS, Stipulations of Settlement between the Town and the CSEA have been presented at this
meeting and are in form approved by Town Counsel,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby approves and authorizes the Stipulations of
Settlement between the Town and the Town of Queensbury Unit of the Civil Service Employees Association,
Inc. pertaining to Improper Practice Charges (PERB Case Nos.: U-32624, U-32241 and U-32242)
substantially in the forms presented at this meeting,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to execute the
Stipulations and the Town Supervisor and/or Town Counsel to take such other and further action necessan� to
effectuate the terms of this Resolution.
Duly adopted this I Otn day of March,2014,by the following vote:
AYES Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier
NOES :None
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 826
ABSENT: None
RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENTS
FOR THE PROVISION OF WATER AND WASTEWATER SERVICES
BETWEEN THE TOWN OF QUEENSBURY AND NORTH HIGH
REALTY HOLDINGS, INC. CONCERNING PROPERTY
LOCATED AT 1519 STATE ROUTE 9, QUEENSBURY
RESOLUTION NO.91,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, North High Realty Holdings, Inc. (`North High"), owner of the parcel of propert`
located at 1519 State Route 9, Town of Queensbury. Warren Count`, New York and known as Tax Map
Parcel 4288.12-1-4 (the "Property") has requested that the Property be provided Town wastewater and water
services,and
WHEREAS,the Property is currently located outside of the boundaries of any Town Sewer or Water
District,and
WHEREAS, to service the property with either Town water or wastewater services, connections
must be made to private water and sewer facilities owned b`- a neighboring property owner, Royal
Hospitality, LLC (`Royal Hospitality") and currently servicing Royal Hospitality's property located at 133
State Route 9, Queensbury.and
WHEREAS,Royal Hospitality, LLC has provided written authorization for North High to connect to
Royal Hospitality's lines to provide the Property with Town wastewater and water services,and
WHEREAS, Royal Hospitality's property located at 1533 State Route 9, Queensbury. is also outside
of an`- Town Water or Sewer District, however, Royal Hospitality entered into Out of District Agreements
with the Town for the provision of water and wastewater services,and
WHEREAS, Royal Hospitality's Out of District Agreements restrict other properties from
connecting to Royal Hospitality's wastewater and sewer infrastructure,and
WHEREAS, both the Town Water Superintendent and Wastewater Director have reviewed the
proposed connections of the property to Royal Hospitality's water and wastewater infrastructure as well as
the proposed Out of District Agreements and have approved the proposed connections and Agreements,
subject to Town Board approval,and
WHEREAS, as the proposed connections will have to be made to privately owned water and sewer
infrastructure,modifications will have to be made to the Town's standard Out of District Agreements,and
WHEREAS, the Town Board wishes to authorize the provision of municipal water and wastewater
services to the Property,and
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 827
RESOLVED, that the Queensbun- Town Board authorizes entering into Out of District Water and
Wastewater Agreements with North High Realty Holdings, Inc. in forms similar to those attached hereto as
Exhibits A and B and to provide Town wastewater and water services to the North High's property located at
1519 State Route 9, Queensbun� New York,and
BE IT FURTHER-
RESOLVED,that the Town Board authorizes North High to connect the Property to the wastewater
and water service infrastructure owned bv Roval Hospitality and currently servicing 133 State Route 9,after
the applicable Agreements are signed by all parties,and
BE IT FURTHER-
RESOLVED, that the connections between the Property and the infrastructure owned by Royal
Hospitality and currently servicing 133 State Route 9 shall be made in a manner directed, reviewed and
approved by the Town of Queensbury Water Superintendent and Wastewater Director,respectivelv,and
BE IT FURTHER-
RESOLVED, that the Town of Queensbury Water Superintendent and/or Wastewater Director are
herebv authorized and directed to execute and deliver instruments and documents and to take all actions
necessan� to effectuate the respective Agreements and connections authorized herein
Duly adopted this I Otn day of March,2014,by the following vote:
AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: None
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN IRISH-John brought up some good questions, not only tonight but the last time he was here
about the Sewer Extension No. 1. I guess my question would be and I do not have any problem with this
application, I think the infrastructure is there. I think the intent was that we were going to do this all along.
My question would be why have we not created and accepted whatever that is?
ATTORNEY 14AFNER-I am prepared to address these issues because at least two of you have come long
after this became a thing. In 2006, Mr. Stark needed to have sewer and water, we prepared a contract, did
water and sewer out of district contracts like we do throughout the Town. The intention was the sewer line
would be dedicated to the Town, part of the dedication is the Wastewater Department reviewing the Map,
Plan and Report and the details and Town Counsel reviewing what we had. There was an issue with the
easement over which the line is going. There was a disagreement between Mr. Stark and the neighbor just to
the south of Mr. Leuci's property, the golf course one; I forget the name of the golf course, there was some
suit back and forth. We represent the Town, it was the position of the Town Board, which did know this in
the past and the Wastewater and Water Superintendent,they wanted to continue,they don't mind. The Town
gets exactly the same amount of money as if they were inside our district, that is how the contracts are
written. However,the lawsuit took some time, we kept in frequent contact with John Richards who was Mr.
Stark's Attorney. It provided us with everything that we wanted except for the easements. There was a
lawsuit over exactIv what the easements meant and the` ultimately provided us with the package materials
and the easements, we reviewed the easements on behalf of the Town. We talked to the Wastewater
Superintendent; Water Superintendent there was a couple of provisions in there that we did not recommend
that the Town Board accept.
COUNCILMAN IRISH-What would thev be?
ATTORNEY HAFNER-The` dealt with rights retained by the golf course owner. There was a provision if
the golf course owner wanted to put something where the sewer line would be that we would have to move it
at our expense to somewhere else,that it not something that we accept on behalf of the Town. If we accept a
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 828
sewer line, we have the right, that is what the whole purpose of the easement is, the right to have the line
there forever and to be able to maintain it there. There was another one that was smaller, I don't remember
what it is, it was something about the Town would pay for certain costs if he decided to hook in. We said
either have a survevor show us exactIv where the line is and that it is not on that property or provide us with
an easement that does, but until then the Town still is getting the same benefit. The property owner still gets
the use of the thing, it is just his job to maintain the line. If they ever provide the easement, we will come
back to Chris and to`you, but that is the only thing that is missing. Mr. Stark met with the Town Supervisor
as recentIv as December and they put me on speaker phone and said that he is going to work with his people
to tn� and provide us with what we need. As soon as we get it we will review it like we have in the past.
COUNCILMAN IRISH-Do we know where that line is currentIv? I am assuming we have a Map, Plan and
Report that shows us where the line is or no?
ATTORNEY HAFNER-That is what we have asked for. It looks to us like it is on this easement propert`,
which has language that we don't accept. We would need the surveyor, engineer to show us exactly where it
is on the surface. Even thing was installed to Town standards, even1hing had to be done that way. This
particular pair of agreements would normally be routine and they have authority to sign them,but because we
made changes to the out of district contract to deal with the particular situation here, to make it clear that he
had to have Mr. Stark's permission. He had to pay for certain costs if they were necessary like a pump for
pressure for water because I think it is uphill there, if I remember correctly. If Mr. Stark ever withdrew his
permission, we would quit providing service because it is not through Town lines. We have done everything
to protect the Town.
COUNCILMAN IRISH-Are there any other properties that could wind up being part of this other than Mr.
Leuci's property? Are there any other properties that are impacted by that being a private utilitv, for lack of a
better term?
ATTORNEY HAFNER-Nobodv else is hooked in.
COUNCILMAN IRISH-My question is from a development standpoint, is there any other properties that
could be impacted because the` are not hooked in but the` would like to be hooked in?
SUPERVISOR STROUGH-The Lumberjack Pass.
COUNCILMAN IRISH-Why can't we go to him?
ATTORNEY HAFNER-I have not heard that he asked to hook in.
SUPERVISOR STROUGH-I haven't either,but it goes Lumberjack Pass, Leuci's then Stark,that is where it
ends.
ATTORNEY HAFNER-There have been discussions about whether, if we ever might want to go farther up
and Chris answered that at some stage, we can't until we have an easement and it's the developers job to
provide us with an easement that is satisfactory.
COUNCILMAN IRISH-I would agree with you to that point, but it is also probably incumbent upon us to
encourage him to do that through whatever leverage that we have.
ATTORNEY HAFNER-And we have continued to do that. The requirement that he has to continue to
maintain the line was hoped to be a Town line, is a pretty good encouragement, if he can get the easement he
will.
COUNCILMAN IRISH-We had a one gear agreement originally from that,that has since expired.
ATTORNEY HAFNER-It is like a tenant who continues on. We have continued to have got paid, everything
that we are entitled to.
COUNCILMAN IRISH-But, we also have the option at our discretion to sav, we are not doing this anymore
because we have some requirements that are not met. You haven't met them and we are not going to provide
an`�service until they are met. We have that option, correct? Not saying we would exercise it, but we have
that option?
ATTORNEY HAFNER-I haven't looked at it in a while. If it is a one year contract that terminated we could
do that,but I just don't understand exactIv whv,but I think`you could. He is paging the same amount as if he
were in the district and as soon as he gives us that easement....
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 829
COUNCILMAN IRISH-I don't have any problem with it. My problem is more the concern that right now
we have,to John's point,we've got an out of district agreement with somebody which is fine I know we have
done that in other areas,but it was contingent upon him doing some other things in order for us to accept that
as an extension to the sewer district. Whatever that was,the easements or whatever that was haven't occurred
to our expectations. I would like to move it along to the point where we are not always going back and
addressing that, weren't done at least, the perception is that it has not been done correctly. We may have
done everything that we could do on our side, but the perception is that there is something we have left to do
or somebody had left to do. I would love to have Mr. Salvador come to a meeting and not have anything to
say. I would love to have one of those meetings, not that I don't mind listening to him. I think he brings up
some good points, I think a lot of times it is lost, it is lost because of the messenger more than the message. I
think it is time that as a board we kind of take seriously the jobs of doing things the right way the first time.
We are always going to make mistakes,we are all human I think that is going to be expected. I don't want to
be part of a board that just continues to push things off and let's worry about it later,that is not what I want to
be part of
SUPERVISOR STROUGH-Any other questions or concerns?
COUNCILMAN CLEMENTS-I just want to make sure as I read through the agreement that North High
Reality Holdings has agreed to pay all of the costs associated with the project, is that correct?
SUPERVISOR STROUGH-That is what it says in the contract.
ATTORNEY HAFNER-Correct. It pays all cost of hook in, it is not the Town's expense.
SUPERVISOR STROUGH-The only other question that John asked is the SEQRA question.
ATTORNEY HAFNER-This project was approved by the Planning Board contingent upon him getting water
and sewer so the SEQRA was part of the Planning Board process.
SUPERVISOR STROUGH-Any further questions on behalf of the board, okay Karen vote.
RESOLUTION TO AMEND 2013 BUDGET
RESOLUTION NO.: 92,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
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 $
001-9040-8040 Workers'Comp 001-9055-8055 Disability Insurance 320
002-9040-8043 First Aid 002-9055-8055 Disability Insurance 115
004-9040-8040 Workers'Comp 004-9055-8055 Disability Insurance 80
032-9040-8040 Workers'Comp 032-9055-8055 Disability Insurance 40
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 830
040-9030-8030 Social Security 040-9055-8055 Disability Insurance 375
Duly adopted I Otn day of March,2014,by the following vote:
AYES Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES None
ABSENT : None
RESOLUTION TO AMEND 2014 BUDGET
RESOLUTION NO.: 093.2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Metivier
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 2014 Town Budget as follows:
From To
Code Appropriation Code Appropriation S
030-0000-0909 Fund Balance 030-8120-4400 Misc Contractual 2,200
Duly adopted I Otn day of March,2014,by the following vote:
AYES : Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT :None
RESOLUTION AUTHORIZING PURCHASE OF 2015 FORD F250 4WD
PICK-UP TRUCK AND RELATED ACCESSORIES FOR USE BY
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 94,2014
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board
approval to purchase a 2015 Ford F250 4WD Pick-Up Truck with related accessories to replace a 2004 Ford
F250 Pick-Up Truck(Town Asset No.: 420 1),and
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 831
WHEREAS,there are sufficient funds in the Town Budget for such proposed purchase, and
WHEREAS, New York State Bidding is not required as the purchase is under New York State
Contract No.: 22737,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway
Superintendent's purchase of a 2015 Ford F250 4WD Pick-Up Truck in the amount of$26,071.15 from Van
Bortel Ford, Inc., in accordance with New York State Contract#22737, along with related accessories not to
exceed the amount of$5,400, for a total amount not to exceed$31,472 to be funded from the Highwav Fund
Balance with the intention that anv insurance proceeds received shall reimburse such account,and
BE IT FURTHER
RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend
the Town Budget by transferring $31,472 from the Highway Fund Balance to Vehicles Account No.: 004-
130-2020,and
BE IT FURTHER
RESOLVED,that the Town Budget Officer is authorized to engage the services of auction company
GovDeals to sell/dispose of the 2004 Ford F250 Pick-Up Truck (Town Asset No.: 4201) if necessan% and
deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbun-Town
Code and New York State Laws,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway
Superintendent and/or Budget Officer to take such other and further action as may be necessan� to effectuate
the terms of this Resolution.
Duly adopted this I Otn day of March,2014,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. Van Ness,Mr. Strough
NOES : None
ABSENT:None
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN GRANT
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK
STATE HOUSING TRUST FUND CORPORATION AND SETTING
APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT AWARD
RESOLUTION NO.: 95,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 832
WHEREAS, by Resolution No.: 284, 2013 the Queensbury Town Board authorized submission of
an application for New York State Small Cities Program Community Development Block Grant funds
through the New York State Office of Community Renewal(NYS OCR),and
WHEREAS,the grant application was submitted and the NYS OCR awarded a$60,000 grant to the
Town of Queensbury,and
WHEREAS,the Town has received a proposed Grant Agreement from New York State concerning
the awarded grant funds and such Agreement is in form acceptable to Town Counsel,and
WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the Grant
Agreement, establish a CDBG Special Grant Fund and set appropriations and estimated revenues for the
grant award,and
WHEREAS, the receipt, administration and use of such block grant funds are primarily
management decisions undertaken for the purpose of purchasing machinery and equipment to further the
sub-recipient's development, and
WHEREAS, the sub-recipient's development project was previously the subject of review
pursuant to the State Environmental Quality Review Act (SEQRA),
NOW,THEREFORE, BE IT
RESOLVED,that this is a SEQRA Type II Action and is exempt from the provisions of SEQRA,
and
BE IT FURTHER-
RESOLVED, that the Queensbury Town Board hereby approves of the Grant Agreement between
the Town of Queensbury and the New York State Housing Trust Fund Corporation, represented by the New
York State Office of Community Renewal and authorizes and directs the Town Supervisor to sign the Grant
Agreement in its current form or in a form substantially similar which is acceptable to the Town Supervisor,
Town Senior Planner and Town Counsel,and
BE IT FURTHER
RESOLVED, that the Town Board sets appropriations and estimated revenues in the amount of
$60,000 in CDBG Grant Fund 4016 for the New York State Community Development Block Grant
Economic Development/Small Business program funds received by the Town through the New York State
Office of Community Renewal, such appropriations and estimated revenues to be recorded in accounts to be
determined by the Town Budget Officer,and
BE IT FURTHER
RESOLVED, that the Town Board hereby designates Stuart Baker, Senior Planner, as the
Certifying Officer and authorizes the Town Supervisor to inform the Office of Community Renewal of
such designation, and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 833
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.
Duly adopted this I Otn day of March,2013,by the following vote:
AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier
NOES : None
ABSENT : None
RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER
PLANNING & DEVELOPMENT, INC. TO PROVIDE ADMINISTRATIVE
AND PROGRAM IMPLEMENTATION ASSISTANCE IN CONNECTION
WITH $60,000 IN GRANT FUNDS RECEIVED FROM
NEW YORK STATE OFFICE OF COMMUNITY RENEWAL
RESOLUTION NO.: 96,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS,by Resolution No.: 284, 2013 the Queensbury Town Board authorized submission of a
grant application to the New York State Office of Community Renewal(NYS OCR),and
WHEREAS,the grant application was submitted and the Town was awarded a Community
Development Block Grant (CDBG) in the amount of$60,000 from the New York State Office of
Community Renewal, such funds to be used for economic development, and
WHEREAS, by Resolution No.: 327,2013 the Town engaged the services of Shelter Planning &
Development, Inc. for a three year period or until July 30, 2016 with specific work tasks and
corresponding fees to be authorized via separate contracts, and
WHEREAS,the Town wishes to engage the services of Shelter Planning &Development, Inc. for
provision of the Program Year 2013 CDBG implementation and administration services, and a proposed
Contract for Professional Services between the Town and Shelter Planning is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
Shelter Planning & Development, Inc., for provision of Program Year 2013 CDBG implementation and
administration assistance services in connection with the grant monies received by the Town of
Queensbury referenced in the preambles of this Resolution and as set forth in the Contract for
Professional Services substantially in the form presented at this meeting, and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 834
RESOLVED, that the costs for Shelter Planning & Development, Inc.'s services shall not exceed
the fixed fee of ten thousand dollars ($10,000.00) for such program implementation, administration and
delivery as specifically delineated in the Contract for Professional Services, and
BE IT FURTHER-
RESOLVED, that payment for these expenses shall be paid from the Town's 2013 CDBG
Program Grant funding from the New York State Office of Community Renewal, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the Contract for Professional Services between the Town and Shelter Planning & Development, Inc. in
the form presented or in a form substantially similar which is acceptable to the Town Supervisor, Town
Senior Planner and Town Counsel, and
BE IT FURTHER-
RESOLVED,that the Town Board further authorizes the Town Supervisor, Senior Planner and/or
Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution.
Duly adopted this I Otn day of March, 2014 by the following vote:
AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT:None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF MARCH 11TH, 2014
RESOLUTION NO.: 97,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of March 6th,2014 and a payment date of March I Ith 2014,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
March 6th,2014 and a payment date of March I Ith,2014 totaling$697,668.75,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 I Otn day of March,2014,by the following vote:
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 835
AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish
NOES : None
ABSENT: None
RESOLUTION AUTHORIZING CONTRACT WITH
SARATOGA MUSICAL UNION
RESOLUTION NO.: 98,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's
receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and
Convention Development Agreement(Agreement)entered into between the Town and Warren County,and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under the
Agreement are subject to further Resolution of the Town Board,and
WHEREAS, the Saratoga Musical Union helps to promote the cultural development of the
community,attracts many persons to the Queensbury area and provides an economic boon to the community,
and
WHEREAS, the Town Board wishes to provide funding to the Saratoga Musical Union in the
amount of$6,230 with occupancy tax revenues received from Warren County and accordingly enter into an
agreement with the Saratoga Musical Union for the year 2014 for the promotion of performances and events
to Town residents,and
WHEREAS,a proposed Agreement has been presented at this meeting,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town
and the Saratoga Musical Union substantially in the form presented at this meeting and authorizes and directs
the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of
$6,230 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for
from Account No.: 050-6410-4412,and
BE IT FURTHER
RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that
unallocated occupancy tax funds are available from Warren County.
Duly adopted this I 01 day of March,2014,by the following vote:
AYES : Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT: None
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 836
RESOLUTION APPOINTING DEBBIE STILES AS
PART-TIME SCHOOL CROSSING GUARD
RESOLUTION NO.: 99,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, a School Crossing Guard position exists within the Town of Queensbury and the Town
Board wishes to make an appointment to such position,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby appoints Debbie Stiles as a School Crossing
Guard to work according to the Queensbury Union Free School District's calendar/schedule, effective on or
about March 11th, 2014 at the current rate of pay for the position, subject to the Town successfully
completing a background check as reasonably necessary to judge fitness for the duties for which hired
and/or drug and/or alcohol screening, and
BE IT FURTHER
RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor and/or Town
Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 10th day of March,2014,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough
NOES : None
ABSENT : None
4. 0 CORRESPONDENCE
NONE
5. 0 TOWN BOARD DISCUSSION
COUNCILMAN METIVIER WARD I
• Spoke regarding the condition of the roads in the Town, wondering how they are going to
pay for them.
COUNCILMAN CLEMENTS WARD II
• NONE
COUNCILMAN IRISH WARD III
• Spoke regarding his concern with Country Club Road, it seems the dip gets worse every
day.
COUNCILMAN VANNESS WARD IV
REGULAR TOWN BOARD MEETING 03-10-2014 MTG#9 837
• Country Club Road is a county road, has spoken with Highway Superintendent Tom
VanNess, he noted every year they have a problem with it.
• Main Street hearings are all set, March 20t1i 2014 it's at West Glens Falls Station No. 1 at
7:00 p.m. This is an open public forum to give everyone an opportunity to come and
speak their peace. No professional presentation by anyone, we do not want anyone to
feel that they can't say what they want in regards to Main Street Corridor. There will be
a presentation discussion, an introduction to Complete Streets sponsored by the Town,
grant funding provided through creating healthy places to live on March 27th, 2014 at
7:00 p.m., to be held by the Glens Falls Hospital. On April 16th and 17th, 2014 there are
going to be more meetings at West Glens Falls Fire Department on the Smart Growth
Grant. We hope that everyone can attend. When this is completed our intent is to have a
round table with the Town Board and hopefully come up with a conclusion on what we
want to see and do there.
SUPERVISOR STROUGH
• Read monthly report of Fire Marshal
• Spoke regarding Governor Cuomo's I SKI NY BUS a dedicated bus line to thirteen
upstate ski mountains from New York City and Toronto to begin service with the
2014-2015 winter ski season, noting West Mountain is included on the list.
• Read the Queensbury Post, a newsletter put out by the Queensbury Senior Citizens
regarding their activities.
• Workshop - Organic Management and Composting to be held Friday, April 4th 2014
8:45 a.m. to 12:45 p.m. at the DEC Building Region 5, 232 Golf Course Road
Warrensburg. The event is free, but registration is desired, call Ruth Lamb at 761-
6125.
• If you are interested being on the Queensbury Board of Ethics please submit a letter
of interest to the Town Supervisor, 742 Bay Road, Queensbury. We need five people
to do this, three people have put in applications.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 100, 2014
INTRODUCED BY: Mr. William VanNess
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 l Oth of March, 2014 by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
AB SENT:None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury