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2015-07-06 MTG 21 REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 828 REGULAR TOWN BOARD MEETING MTG# 21 JULY 6TH, 2015 RES#222-240 7:00 P.M. TOWN BOARD MEMBERS PRESENT DEPUTY SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS BOARD MEMBERS ABSENT SUPERVISOR JOHN STROUGH TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS POST STAR LOOK TV Pledge of Allegiance Led by Councilman Brian Clements DEPUTY SUPERVISOR MONTESI called meeting to order... 1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MINS) JOHN SALVADOR-Spoke to the Board regarding The Resolution Setting Public Hearing on Proposed Local Law of 2015 to Amend Queensbury Town Code Chapter 179 "Zoning" Section 179-12-010(A)(3)to Allow Planned Unit Development (PUD) in Office Zones. Spoke to the board regarding Resolution to Amend 2015 Budget. 2.0 RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF FOSTER WATER MAIN REPLACEMENT CAPITAL PROJECT FUND#185 RESOLUTION NO.: 222, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, in accordance with Resolution No.: 188, 2011, the Queensbury Town Board established the Everts Avenue Pipe Replacement Capital Project Fund #185, and WHEREAS, the Town Water Superintendent has advised the Town's Accountant that the Project is complete and therefore the Project Fund may be closed, and WHEREAS, the Town's accounting records show that there is approximately $1,132.50 remaining in Fund #185, and WHEREAS, the Town Board wishes to close such Fund #185 and transfer its remaining balance to the Water Treatment Plant SCADA Hardware Improvements Capital Project Fund #207, REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 829 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Everts Avenue Pipe Replacement Capital Project Fund #185 and transfer its remaining $1,132.50 to the Water Treatment Plant SCADA Hardware Improvements Capital Project Fund #207, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, Town Budget Officer and Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 6th day of July, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, NOES None ABSENT: Mr. Strough RESOLUTION REQUESTING SPEED LIMIT REDUCTION FOR ENTIRE LENGTH OF MOON HILL ROAD RESOLUTION NO.: 223,2015 INTRODUCED BY : Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr.William VanNess WHEREAS, the Queensbury Town Board and Town Highway Superintendent support a lowering of the speed limit on the entire length of Moon Hill Road in the Town of Queensbury from 40 miles per hour to 30 miles per hour, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the maximum speed limit on the entire length of Moon Hill Road be lowered from 40 miles per hour to 30 miles per hour for safety reasons, and BE IT FURTHER RESOLVED, in accordance with New York State Vehicle and Traffic Law §1622, that the Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy of this Resolution and any other necessary documentation to the New York State Department of Transportation Works and/or Warren County Department of Public for the purposes of studying and establishing a lower maximum speed limit on the entire length of Moon Hill Road in the Town of Queensbury. Duly adopted this 6th day of July, 2015 by the following vote: REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 830 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None AB SENT : Mr. Strough RESOLUTION AUTHORIZING LAKE GEORGE TRIATHLON RESOLUTION NO. 224,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Adirondack Triathlon Club/Adirondack Race Management, a not-for-profit organization, has requested authorization from the Queensbury Town Board to conduct its IO'h annual Lake George Triathlon to benefit local organzations as follows: SPONSOR Adirondack Triathlon Club/Adirondack Race Management EVENT Lake George Triathlon DATE Saturday, September 5th 2015 TIME Approximately 7:00 a.m. — 10:30 a.m. (Bike Leg Portion) PLACE: Warren County Bike Trail and then Birdsall, Round Pond, Blind Rock, Haviland, Rockwell, Sunnyside, Jenkinsville and Ridge Roads (Letter and map delineating course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Triathlon Club/Adirondack Race Management to conduct the Lake George Triathlon partially within the Town of Queensbury on Saturday, September 5 t 2015, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 6th day of July, 2015, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr.VanNess REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 831 NOES : None ABSENT: Mr. Strough RESOLUTION AUTHORIZING HIRING OF RYAN FLANSBURG AS SEASONAL EMPLOYEE TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO. :225,2015 INTRODUCED BY Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Director of Parks and Recreation has requested Town Board authorization to hire Ryan Flansburg to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board approve the appointment of Town employees' relatives and Ryan Flansburg is the son of Jamie Flansburg, a Mechanic in the Parks and Recreation Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Ryan Flansburg to work for the Department of Parks and Recreation on a part-time, seasonal basis commencing on or about July 6t1i 2015, through on or about September 4t1i 2015, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director, Recreation Program Supervisor/Q-Club Director, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of July, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 832 ABSENT: Mr. Strough RESOLUTION AUTHORIZING HIRING OF GARY LEBARRON AS PART-TIME LABORER FOR TOWN TRANSFER STATIONS RESOLUTION NO. : 226,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.WilliamVanNess WHEREAS, the Town Transfer Stations maintain a roster of part-time employees who work on an on-call basis when needed and funds for such positions have been budgeted for in the Town Budget, and WHEREAS, Gary LeBarron has expressed an interest in being placed on this roster, and WHEREAS, the Landfill Equipment Operator has recommended to the Town Board that Gary LeBarron be hired as a part-time Laborer to work on an "on-call" basis at the Town Transfer Stations, not to exceed 20 hours a week, and WHEREAS, the Queensbury Town Board wishes to hire Gary LeBarron as a part-time Laborer to work on an"on-call" basis at the Town Transfer Stations, not to exceed 20 hours a week, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Gary LeBarron as a part-time Laborer on an on-call basis, not to exceed 20 hours per week, commencing on or about July 7th, 2015, subject to the Town successfully completing a pre- employment physical and background checks, including drug and/or alcohol screenings, as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such Part-Time Laborer shall be paid $13.52 per hour as set forth in Town Board Resolution No.: 33,2015 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Landfill Equipment Operator and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of July, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Strough REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 833 RESOLUTION AUTHORIZING HIRING OF JASON MINGO AND MICHAEL HOMER AS FULL-TIME MOTOR EQUIPMENT OPERATORS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 227,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there are currently two (2) vacancies in the full-time Motor Equipment Operator (MEO) position in the Highway Department due to the resignation and retirement of two (2) of his employees, and WHEREAS, the Highway Superintendent posted availability for the positions, reviewed resumes and has made hiring recommendations to the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jason Mingo and Michael Homer as full-time Motor Equipment Operators (MEO) in the Town's Highway Department effective on or about July 7th, 2015 subject to Messrs. Mingo and Homer's successful passing of pre-employment physicals as required by Town Policy and completion of an eight (8) month probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Messrs. Mingo and Homer shall be paid at the hourly rate of pay for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of July, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Strough RESOLUTION AUTHORIZING ASSIGNMENT OF ESCROW AGREEMENT CONCERNING DEDICATION OF RIDGEWOOD COURT REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 834 RESOLUTION NO. 228,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 173, 2015, the Queensbury Town Board accepted from Robert Wall the dedication of Ridgewood Court in the Ridge Road Subdivision and at the time of dedication, Mr. Wall provided the Town with $12,444 cash escrow to ensure completion of the Road, such sum to be held in escrow in accordance with the terms of an Escrow Agreement, and WHEREAS, Patten Property Development, LLC is purchasing the Ridgewood Court Subdivision from Mr. Wall and accordingly Mr. Wall wishes to assign his rights and obligations under the Escrow Agreement to Patten Property Development, LLC, which will result in Patten Property Development, LLC being the Developer, and WHEREAS, the Town has the fully-executed Escrow Agreement and the $12,444, and will continue to hold such funds in accordance with the Agreement, and WHEREAS, the Assignment and Assumption Agreement is presented at this meeting and is in form acceptable to Town Counsel, and WHEREAS, the Town Board wishes to authorize such assignment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the assignment of the Escrow Agreement between Robert Wall and the Town of Queensbury referred to in the preambles of this Resolution to Patten Property Development, Inc., and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the Assignment and Assumption Agreement between the Town and Patten Property Development, LLC and take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of July, 2015, by the following vote: AYES Mr. Metivier, Me. Clements, Mr. Irish, Mr. VanNess NOES None REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 835 ABSENT: Mr. Strough RESOLUTION TO AMEND 2015 BUDGET RESOLUTION NO.: 229,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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 Queensbun- Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2015 Town Budget as follows: From To Code Appropriation Code Appropriation S 001-0000-0909 Fund Balance 001-8120-2899-004 Sewer Distribution 6 ,000 005-0000-0909-4980 Fund Balance 005-34110-441 -4980 Service Contracts 38,69 005-0000-0909-4981 Fund Balance 005-3410-441 -4981 Service Contracts 100,575 Increase Revenue 001-0000- 2680 Insurance Recovery 3,910 Increase Appropriation 001-3410-4110 Fire M.Repairs 3,910 Duly adopted this 61h day of July,2015 by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT : Mr. Strough RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR DIXON ROAD CULVERT REPLACEMENT PROJECT, TECHNICAL SERVICES CHANGE ORDER #3 OF THE CHAZEN COMPANIES AND INCREASE IN CAPITAL PROJECT FUND #206 RESOLUTION NO.: 230,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 836 WHEREAS, by Resolution No.: 412,2014,the Queensbury Town Board authorized and approved the Dixon Road Culvert Replacement Project, establishment of the Dixon Road Culvert Replacement Capital Project Fund 4206 in the amount of $40,000, and engagement of The Chazen Companies (Chazen) for design and construction phase engineering services for an amount not to exceed $31,240, and WHEREAS, Chazen has provided such design and construction phase engineering services authorized b`- such Resolution including preparation of the culvert replacement construction bid documents, but as a result of the New York State Department of Environmental Conservation requiring significant design changes to the culvert and stream armoring design in order to permit the Project, Chazen has submitted a Technical Services Change Order 43 dated June 21, 201 (presented at this meeting)providing for additional and continued professional engineering services related to the Capital Project for an additional amount of $4,925 for Task 006—Preparation of Contract Documents; and $1,600 for Task 007 —Project Coordination, Meetings and Correspondence;for a total additional amount not to exceed$6,525,and WHEREAS, the Town Board wishes to accordingl`- authorize the increase in the Project costs and supplement Fund 4206 in such amount, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for the Dixon Road Culvert Replacement Project in the official newspaper for the Town of Queensbury.and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and accepts Chazen's Technical Services Change Order 43 dated June 21, 2015 as presented at this meeting providing for Chazen's continued professional engineering services related to the Capital Project for an additional amount of$4,925 for Task 006 — preparation of contract documents and $1,600 for Task 007 — Project Coordination, meetings and correspondence, for a total additional amount not to exceed $6,525, and authorizes and directs the $6,525 increase in the Dixon Road Culvert Replacement Project Fund 4206, $6,525 to come from the Town's General Fund unappropriated, undesignated Fund Balance, and BE IT FURTHER- RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all action necessan� to increase appropriations and revenues in the following accounts as necessan: • Revenue Acct No. —206-0000-55031 (Interfund Revenue) $6,525, REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 837 • Expense Acct No. —206-8540-4720 (Engineering/Consultants) $6,525, • Expense Acct No. - 001-9950-9030 Transfer to Capital Project $6,525, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to increase such appropriations and estimated revenues, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Chazen's Technical Services Change Order 43 dated June 21,2015 substantially in the form presented at this meeting, as well as any other needed documentation and the Town Supervisor, Town Budget Officer and/or Purchasing Agent to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 6 t day of July,2015,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT: Mr. Strough RESOLUTION AUTHORIZING INCREASE IN GLEN LAKE LAUNCH CAPITAL PARK IMPROVEMENT PROJECT NO.: 140 AND WITHDRAWAL FROM CAPITAL RESERVE FUND NO.: 61 RESOLUTION NO.: 231,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 (Fund No. 61)for future capital projects,and WHEREAS, by Resolution No.: 157,2015, the Town Board authorized specific capital park improvements and certain maintenance projects, including $3, 00 for specific repairs, upgrades, projects, etc.,at the Glen Lake Launch,and WHEREAS, by Memorandum to the Town Board dated June 30th, 2015, the Town Recreation Commission and Parks and Recreation Director advised that in order to remove and replace a severely damaged canoe/kayak/fishing dock that was not part of the original Project budgeting authorized by Resolution No.: 15 7,201 5,additional funding is needed to complete such work at the Glen Lake Launch,and REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 838 WHEREAS,the Town Board wishes to authorize such additional funding for the Glen Lake Launch Project and the withdrawal and expenditure of moneys from Fund No. 61 in the total additional amount of $10,000,and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund 461 subject to permissive referendum, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby authorizes the additional expenditures in the total amount of$10,000 at the Glen Lake Launch as set forth in the June 30th, 2015 Memorandum presented at this meeting,and BE IT FURTHER RESOLVED,that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $10,000 to Glen Lake Launch Capital Park Improvement Fund No. 140,and BE IT FURTHER RESOLVED,that the Town Board herebv increases appropriations in: • Expense Account No.: 140-7110-2899 in the amount of$10,000 — Capital Construction and 001- 9950-9030-0061 — Transfer to Capital Project in the amount of$10,000 and estimated revenues in Account No.: 140-0000-55031 in the amount of$10,000, and BE IT FURTHER RESOLVED,that the Town Board hereby finds that the withdrawal and expenditure for such Project are expenditures for specific capital projects and certain maintenance projects for which the Reserve Account was established,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer to take all actions necessarN to effectuate the terms of this Resolution,and BE IT FURTHER RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 6 t day of Jul`,2015 by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES :None ABSENT: Mr. Strough REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 839 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. _ OF 2015 TO AMEND QUEENSBURY TOWN CODE CHAPTER 168 ENTITLED, "VEHICLES, RECREATIONAL" RESOLUTION NO. 232,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of 2015 to amend Queensbury Town Code Chapter 168, entitled, "Vehicles, Recreational," to revise certain language, including, among other things, to clarify that the operation of all-terrain vehicles and/or snowmobiles is prohibited on municipal property, except on those Town highways or those areas of municipal property specifically designated for such use, and WHEREAS, adoption of this legislation is authorized by New York State Municipal Home Rule Law§10,and WHEREAS,the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,July 20th,2015 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of2015,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: _of 2015 in the manner provided by law. Duly adopted this 6 t day of July,2015,by the following vote: AYES Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES None ABSENT: Mr. Strough RESOLUTION AUTHORIZING HIRING OF JAMES PUTNAM AS BUILDING MAINTENANCE WORKER IN WATER DEPARTMENT RESOLUTION NO.233,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 840 WHEREAS, the Town of Queensbury's Water Superintendent has advised the Queensbury Town Board that there is currently a vacancy in a full-time Building Maintenance Worker position in the Department due to a recent retirement of a full-time employee,and WHEREAS, consistent with the Collective Bargaining Agreement,the Water Superintendent posted availability for the position,and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of James Putnam, as a full-time Building Maintenance Worker, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the hiring of James Putnam as a full-time Building Maintenance Worker in the Town's Water Department effective on or about July 7th 2015 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening,and subject to Mr. Putnam's completion of an eight(8)month probationary period,and BE IT FURTHER RESOLVED, that Mr. Putnam shall be paid the hourly rate of pay for the Building Maintenance Worker position as delineated in the Town's current Agreement with the Civil Service Employees Association,and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of July,2015 by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT: Mr. Strough RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2015 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" §179-12-010(A)(3) TO ALLOW PLANNED UNIT DEVELOPMENT (PUD) IN OFFICE ZONES RESOLUTION NO.: 234,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS,the Town Board wishes to consider adoption of Local Law No.: of 2015 to amend Queensbury Town Code Chapter 179 "Zoning" §179-12-010(A)(3) as presented at this meeting to allow for Planned Unit Development (PUD) in the Town of Queensbury Office Zones in order to: REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 841 • Increase scope of development • Allow for large development diversity • Better coordinate commercial and residential spaces • Offer amenities and features not usuallv offered in traditional subdivisions Sidewalks/bicycle paths/recreational facilities/public spaces/etc. • Allow for greater diversity of uses • Plan for creativitv • Allow for planning coordination • Allow for maintenance coordination • Allow for landscaping coordination • Provide for better design coordination with common areas • Provide for living arrangements that better meet current preferences • Improve design of compatibility of uses • Allow for better conservation of space and WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law,and WHEREAS, in accordance with General Municipal Law §239-m,before enacting the legislation,the Town must first refer the proposed Local Law and obtain a recommendation from the Warren Count` Planning Department,and WHEREAS, the proposed legislation must undergo an environmental review pursuant to the State Environmental Quality Review Act(SEQRA)prior to adoption and enactment,and WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA environmental review and has a completed Part 1 of a Full Environmental Assessment Form (EAF) for use in the environmental review,and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law and therefore the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 842 RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the Town Clerk or Director of Planning/Zoning to forward a cop` of the proposed Zoning Law Amendment and supporting SEQRA documentation to the Warren Count` Planning Department for its review and recommendation,and BE IT FURTHER- RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead Agency for SEQRA review of the proposed Zoning Law amendment and directs the Town Clerk or Director of Planning/Zoning to send a cop` of the proposed zoning revisions/Local Law, together with a cop` of the completed Part 1 of the Full EAF and certified cop` of this Resolution stating the Town Board's intention to be Lead Agency for SEQRA review to the Warren Count` Planning Department as the only other Involved Agency,as required by law,and BE IT FURTHER RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the Queensbun� Activities Center, 742 Bay Road, Queensbun� at 7:00 p.m. on Monday,Jul` 20th,2015 to hear all interested persons concerning proposed Local Law No.: of 2015 which provides for a certain amendment of the Town of Queensbun's Zoning Law,and BE IT FURTHER- RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing,and BE IT FURTHER RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions,and BE IT FURTHER RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to take such other actions and give such other notice as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2015. Duly adopted this 6th day of Jul`,2015,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT: Mr. Strough REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 843 RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN GRANT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE HOUSING TRUST FUND CORPORATION, ESTABLISHING HOME SPECIAL GRANT FUND AND SETTING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT AWARD RESOLUTION NO.: 235,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 163, 2014 the Queensbury Town Board authorized submission of an application for HOME funds through the New York State Office of Community Renewal (NYS OCR), and WHEREAS, by Resolution 163, 2014 the Town Board also authorized an amount not to exceed $ 7 ,000 to be set aside from the Town of Queensbury Revolving Loan Fund ( RLF) Account No: 019- 0000- 0201 for the purpose of a HOME match should 2013 HOME funds be awarded,and WHEREAS, such Revolving Loan Fund was previously and duly established by Resolution 582,2004,and WHEREAS,the grant application was submitted and the NYS OCR awarded a$300,000 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 HOME Special Grant Fund and set appropriations and estimated revenues for the grant award,and NOW,THEREFORE, BE IT 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 form substantially presented at this meeting,and BE IT FURTHER- RESOLVED,that the Town Board establishes HOME Grant Fund 4017 and sets appropriations and estimated revenues in the amount of$300,000 for the New York State HOME Program Grant 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 REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 844 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 6 t day of July,2015,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT : Mr. Strough RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC. TO PROVIDE ADMINISTRATIVE AND PROGRAM IMPLEMENTATION ASSISTANCE IN CONNECTION WITH $300,000 IN GRANT FUNDS RECEIVED FROM NEW YORK STATE OFFICE OF COMMUNITY RENEWAL RESOLUTION NO.: 236,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 163,2014 the Queensbury Town Board authorized submission of a grant application for HOME funds through the New York State Office of Community Renewal (NYS OCR), and WHEREAS,the grant application was submitted and the Town was awarded a HOME Grant in the amount of$300,000 from the NYS OCR, and WHEREAS, by Resolution 163, 2014 the Town Board also authorized an amount not to exceed $7 ,000 to be set aside from the Town of Queensbury Revolving Loan Fund(RLF)Account No: 019-0000- 0201 for the purpose of a HOME match should 2013 HOME funds be awarded,and WHEREAS, said Revolving Loan Fund was previously and duly established by Resolution 582,2004,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 administrative and program implementation assistance services in connection with the $300,000 in HOME grant funds and a proposed Contract for Professional Services between the Town and Shelter Planning is presented at this meeting, REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 845 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Shelter Planning & Development, Inc., for provision of administrative and program implementation 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- RESOLVED, that the costs for Shelter Planning & Development, Inc.'s services shall not exceed the fixed fee of fifteen-thousand dollars ($1 ,000) plus four thousand three hundred dollars ($4,300) per unit rehabilitated 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 2015 HOME Program Grant funding from the New York State Office of Community Renewal and the Revolving Loan Fund as specifically delineated in the Contract for Professional Services, 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 6th day of July, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish Mr. VanNess NOES None ABSENT:Mr.Strough RESOLUTION SETTING HEARING ON BAYBROOK II, LLC'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS RESOLUTION NO.: 237,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 846 within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice,and WHEREAS, Baybrook II, LLC has applied to the Town Board for a variance/waiver from Town Code §136-44.1 for a two (2) year extension of the Town's connection requirements to connect its property located at 3-4, 7-9 Bay Brook Drive (six separate apartment buildings) to the Queensbury Consolidated Sanitary Sewer District as set forth in its July 6,2015 letter application presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, July 20th, 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun% to consider Baybrook II, LLC's sewer connection variance/waiver application concerning its property located at 3-4, 7-9 Bay Brook Drive, Queensbury(Tax Map No.: 296.11-1-28),and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. Duly adopted this 6th day of July,2015,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT: Mr. Strough RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF JUNE 24TH AND JULY 7TH, 2015 RESOLUTION NO.: 238,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of June 24th and July 2nd,2015 and payment dates of June 24th and July 7th,2015, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrants with run dates of June 24th and July 3rd, 2015 and payment dates of June 24th and July 7th, 2015 totaling $83,379.94 and $1,869,889. 8 respectively, and BE IT FURTHER REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 847 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 6th day of July,2015,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess NOES : None ABSENT : Mr. Strough RESOLUTION AUTHORIZING CONSENT TO WARREN COUNTY BEING DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF WARREN COUNTY'S PROPOSED LAND ACQUISITION, OFF AIRPORT OBSTRUCTION REMOVAL AND MISCELLANEOUS IMPROVEMENTS PROJECT AT FLOYD BENNETT MEMORIAL AIRPORT RESOLUTION NO.: 239,2015 (DEFEATED) INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), Warren County has notified the Queensbury Town Board that Warren County is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to its proposed Land Acquisition, Off Airport Obstruction Removal and Miscellaneous Improvements Project at the Floyd Bennett Memorial Airport (the "Project") as set forth in Warren County's June 12, 201 letter to the Town of Queensbury presented at this meeting,and WHEREAS, Warren County has requested that the Town Board consent to Warren County being designated as Lead Agency, and the Town Board has concluded that Warren County is the most involved agency and should be Lead Agency for the purposes of SEQRA review relating to the Project,and WHEREAS,the Town Board wishes to therefore provide such consent, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to Warren County acting as Lead Agency for SEQRA review relative to Warren County's proposed Land Acquisition, Off Airport Obstruction Removal and Miscellaneous Improvements Project at the Floyd Bennett Memorial REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 848 Airport as set forth in the preambles of this Resolution, and authorizes and directs the Town Supervisor to execute such consent and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 6 t day of July,2015,by the following vote: AYES : None NOES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Metivier ABSENT: Mr. Strough DISCUSSION HELD BEFORE VOTE: COUNCILMAN CLEMENTS-As you may or may not know the Warren County Airport is currently within Queensbury's Ward Two and has been a controversially topic of discussion for several years. As I've been meeting and have been having discussions with Ward Two voters I've found an overwhelming majority of them are not in favor of the Warren County Airport Expansion. I usually explain to them that I have no vote on that as this is a Warren County matter, but will relay your message to the Town Supervisor who has weighted vote on the Warren County Board of Supervisors. However, in this instance I feel that a no vote on this resolution would support what a majority of the Queensbury residents in Ward Two would want. I already have written letters and have spoken at a Warren County Facilities Meeting in support of Paul Kilmartin in Ward Two and other residents complaining of the overwhelming and extensive tree removal that took place last fall. If the SEQRA is to be done I feel that it should be the Queensbury Town Board that should be the Lead Agency. I am not opposed to the safe restoration of night time instrument approaches to Runway Twelve (12) by mitigating the twelve to one obstruction, but I feel that should be a minimum of removal not the overwhelming and extensive removal as we all witnessed last fall. So, for those reasons I am voting no on Resolution 2.9 in support of my Ward Two constituency. DISCUSSION HELD WITH TOWN COUNSEL COUNCILMAN IRISH- The only thing that I would say. I've attended a few of the meetings that the County had here and was not pleased at all with the response from either the Engineers or the County with respect to the comments made by the public. I'm not all that convinced that that they will do their due diligence the way they should. I think they have already planned on neg decking this thing and slide it through like they have everything else. Regardless of whether we have any impact on what they do or not I am inclined to vote with Brian on this and vote no just to send a signal that, hey you guys need to do your due diligence and take into consideration the impacts that you are having on the Town of Queensbury and Queensbury residents. VOTE TAKEN 3.0 CORRESPONDENCE DEPUTY CLERK O'BRIEN-Supervisor's Monthly Report for May 2015 for Community Development and Building and Codes on file in Town Clerk's Office. 4.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) DAN VALENTE-Spoke to the Board regarding the Bay Road Moratorium commended the Town board for holding off on the Office Zone. JOHN SALVADOR-Spoke to the Board regarding the Park Commission raising their fees, does not think it is proper for the Town Assessor to assess both boat docks and boat houses and levies a tax for property and school taxes on those facilities asked the Board for a Workshop Session regarding Town boundaries. REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 849 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I) • NOTHING TO REPORT COUNCILMAN CLEMENTS (WARD (II) • NOTHING TO REPORT COUNCILMAN IRISH(WARD III) • NOTHING TO REPORT COUNCILMAN VANNESS (WARD IV) • Spoke regarding a previous complaint regarding the emergency exits at the Great Escape noting the Fire Marshal has addressed all issues. The Great Escape was very cordial to what he wanted to do. From what I understand everything has been taken care of and they have agreed to put in place an Emergency Evacuation Plan. DEPUTY SUPERVISOR MONTESI • I am delighted to fill in for John and hopefully a good healthy baby will be born tonight and John will be back to work tomorrow. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 240,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 6th day of July, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT:Mr. Strough RESPECTFULL SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY