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2017-01-23 MTG#3 REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 28 REGULAR TOWN BOARD MEETING MTG#3 JANUARY 23, 2017 RES. 20-27 7:00 P.M. B.H. 3 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN DOUG IRISH COUCILMAN WILLIAM VANNESS TOWN OFFICIALS ABSENT BRIAN CLEMENTS TOWN COUNSEL JOHN ASPLAND, ESQ. KARA L LAIS, ESQ. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER PRESENTATION BY SPCA 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 20, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and moves into the Queensbury Board of Health. Duly adopted this 23rd day of January, 2017 by the following vote: AYES: Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Clements PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOE ORLOW SUPERVISOR STROUGH-Opened the public hearing. The application from the applicant has been withdrawn. PUBLIC HEARING CLOSED RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 3, 2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 29 RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 23rd day of January, 2017, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, MR. Metivier NOES: None ABSENT:Mr. Clements 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT—3 MINUTES) TRAVIS WHITEHEAD, QUEENSBURY-Spoke regarding Resolution Authorizing Use of Occupancy Funds Toward Town Recreation Projects. QUEENSBURY AT LARGE SUPERVISOR, RACHEL SEEBER-Spoke regarding Resolution Authorizing Use of Occupancy Funds Toward Town Recreation Projects. KEVIN QUINN, QUEENSBURY-Spokeregarding Resolution Authorizing Use of Occupancy Funds Toward Town Recreation Projects. JOHN SALVADOR, QUEENSBURY-Spoke regarding Resolution Authorizing Use of Occupancy Funds Toward Town Recreation Projects and Resolution Approving the Proposed Ward Realignment for the Ward Boundaries in the Town of Queensbury. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF ROBERT METIVIER AS TEMPORARY LABORER IN TOWN WATER DEPARTMENT TO PERFORM INSPECTIONS FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 21,2017 INTRODUCED BY: Mr.Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Water Superintendent has requested Town Board authorization to hire a part time, Temporary Laborer to work for the summer for the Town's Water Department to perform inspections at Shore Colony to meet New York State Department of Health requirements, and WHEREAS, funds for such positions have been budgeted for in the 2017 Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Robert Metivier is the brother of Town Councilman Anthony Metivier, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Robert Metivier as a part time, Temporary Laborer to work for the summer in the Town's Water Department to REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 30 perform inspections at Shore Colony to meet New York State Department of Health requirements, commencing on or about May 1",2017 and ending on or about October 31",2017 at a rate of$13.00 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent, Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January,2017,by the following vote: AYES: Mr.Irish,Mr.VanNess,Mr. Strough NOES: None ABSENT:Mr. Clements ABSTAIN:Mr.Metivier RESOLUTION AUTHORIZING USE OF OCCUPANCY FUNDS TOWARD TOWN RECREATION PROJECTS RESOLUTION NO.: 22,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS,by prior Resolution and Agreement the Queensbury Town Board provided in the Town Budget 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 Queensbury Town Board, and WHEREAS,the Town Board wishes to accordingly authorize provision of such funds, in the amount of up to $35,000, to be used toward Town Recreation Department expenditures related to the Department's special events and recreational attractions, such events offered not only to Town of Queensbury residents,but also by the general public, who serve as an economic boon to the Town of Queensbury and entire area, as follows: • Seasonal Brochures (Summer and Winter) • Program/Event Marketing& Promotions • Jenkinsville Athletic Facility Events REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 31 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of funds in the amount of up to $35,000 to the Town's Recreation Department as delineated in the preambles of this Resolution, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such expenditures are expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January,2017,by the following vote: AYES Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Irish NOES Noes ABSENT:Mr. Clements RESOLUTION TO AMEND 2016 BUDGET RESOLUTION NO.: 23,2017 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 Off ce r, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2016 Town Budget as follows: From To Code Appropriation Code Appropriation $ 002-9010-8010 NYS Retirement 002-1650-4100 Telephone 1,250 REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 32 009-9060-8060 Health Insurance 009-8160-4447 Trash Disposal B 9,000 024-0000-0909 Fund Balance 024-5182-4305 Street Lighting 100 Duly adopted this 23rd day of January, 2017 by the following vote: AYES : Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES : None ABSENT: Mr. Clements 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.: 24,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution Nos: 257,2016 and 348,2016, the Queensbury Town Board authorized submission of an application for a Justice Court Assistance Program(JCAP) Grant from the New York State Office of Court Administration(OCA)to be used by the Town for Town Court improvements, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of$801, and WHEREAS,the Town Board wishes to accept such$801 in grant funds, establish appropriations and estimated revenues for such grant award and authorize $801 in appropriations toward the remaining balance of the cost of replacing the desks in the Town Justices' offices, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $801 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, REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 33 RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of$801 for such grant funds as follows: • Increase Appropriation 001-1110-4400 Town Justice Misc. Contractual by $1602, • Increase Revenue 001-0000-53021 State Aid, Court Facilities by $801, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the allocation of$801 in funds towards the acquisition of the above-described desks to be paid from Office Supplies Account No.: 001-1110-4010, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer $802 from Contingency Account No.: 001-1990-4400 to Misc. Contractual Account No.: 001-1110-4400 and take all other actions necessary to effectuate the purchases, 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 23rd day of January,2017,by the following vote: AYES Mr.VanNess,Mr. Strough,Mr.Metivier,Mr.Irish NOES : None ABSENT : Mr. Clements RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF JANUARY 24TH, 2017 RESOLUTION NO.: 25,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of January 19`h, and a payment date of January 24`h,2017, REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 34 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of January 19'h,2017 and a payment date of January 24"',2017 totaling $575,948.66, 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 23rd day of January,2017,by the following vote: AYES Mr.VanNess,Mr. Strough,Mr.Metivier Mr. Irish NOES None ABSENT : Mr. Clements RESOLUTION APPROVING THE PROPOSED WARD REALIGNMENT FOR THE WARD BOUNDARIES IN THE TOWN OF QUEENSBURY RESOLUTION NO.: 26, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, pursuant to Town Law section 85, the Town of Queensbury established a ward system for the election of councilmen following a special election on this proposition duly held on May 29, 1985, and WHEREAS, New York State Town Law section 85 reads that, "the division shall be so made that the number of voters in each ward shall be approximately equal," and WHEREAS, the US Supreme Court has consistently held that election districts shall each consist of substantially equal total population, and WHEREAS, due to growth within the Town, it has been determined that the current ward system does not consist of four (4) wards with a substantially equal total population, and REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 35 WHEREAS, the Town has prepared a map realigning its current ward boundaries in an effort to reestablish four (4) wards that each contain a substantially equal total population, and WHEREAS, a copy of the prepared map entitled "Town of Queensbury Proposed Ward Realignment Final Draft - January 2017" is presented at this meeting and incorporated herein by reference, and WHEREAS, pursuant to Election Law section 4-100, the alteration of election districts shall be done by the Board of Elections, and WHEREAS, the Warren County Board of Elections has requested that the Town approve of the map entitled "Town of Queensbury Proposed Ward Realignment Final Draft-December 2016" and provide evidence of such approval to the Warren County Board of Elections, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the ward realignment and the map entitled "Town of Queensbury Proposed Ward Realignment Final Draft — January 2017," and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to expeditiously forward a copy of this Resolution and the map entitled "Town of Queensbury Proposed Ward Realignment Final Draft — January 2017" to the Warren County Board of Elections, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to take any other actions needed to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2017 by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES: None ABSENT: Mr. Clements RESOLUTION IN SUPPORT OF SUBMITTAL OF A NEW YORK STATE DEPARTMENT OF STATE BROWNFIELD OPPORTUNITY AREA - NOMINATION STUDY APPLICATION REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 36 RESOLUTION NO.: 27, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, by Resolution 287, 2005 the Queensbury Town Board authorized a grant application to fund the Queensbury South Brownfield Opportunity Area (BOA) Pre-Nomination Study, and WHEREAS, the Town of Queensbury received said funds and completed the Queensbury South BOA Pre-Nomination Study, and WHEREAS, the New York State Department of State (NYSDOS) is accepting applications from eligible applicants to compete for funds available through the BOA program; and WHEREAS, the NYSDOS has informed the Town of Queensbury that because of its work in preparing the Pre-Nomination Study additional funds are available to advance a Nomination Study, and WHEREAS, the Town may request up to $200,000 to advance activities identified in the Pre-Nomination Study and seek official designation as a BOA. This designation may improve the Town's ability to secure future funds from New York State and provide incentives to stimulate economic development activities in the target area, and WHEREAS, the BOA application process requires that the governing body of the local municipality support the submission of the application, pledge financial commitment and related actions. NOW, THEREFORE, BE IT RESOLVED, that Town of Queensbury Town Board hereby authorizes the Town Supervisor to submit a funding request for completion of the Queensbury South BOA Nomination Study in an amount not to exceed $100,000 and BE IT FURTHER, RESOLVED, should the project be awarded funds by the NYSDOS, the Town Board pledges the required additional 10% local share of the total project cost and commits to completing the BOA Nomination Study in a timely manner if funded, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 37 RESOLVED, that the Town Board will seek official Designation of the Queensbury South BOA by the New York State Secretary of State upon completion of the Nomination, if funded and BE IT FURTHER, RESOLVED, that the Town Board will further discuss this application and accept public comments regarding the same at their regular meeting on Monday, February 13, 2017 at 7pm, and BE IT FURTHER, RESOLVED, that public comment on the proposed application will also be accepted by the Town Clerk's Office through February 27, 2017, and BE IT FURTHER, RESOLVED that the Town Clerk's Office shall publish a legal notice at the earliest possible date following this meeting in the official newspaper of record regarding the Town's intent to apply for BOA funds and the public comment opportunities, and BE IT FURTHER, RESOLVED that the Town Board authorizes the Town Supervisor to execute all financial and administrative processes related to the completion of the Queensbury South BOA Nomination Study, if funded, and BE IT FURTHER, RESOLVED that the Town Supervisor, Town Clerk and Senior Planner are authorized to execute any additional actions necessary to effectuate the terms of the grant application. Duly adopted this 23rd of January 2017 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES : None ABSENT:Mr. Clements 4.0 CORRESPONDENCE None 5.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) JOHN SALVADOR-Questioned the Board regarding the approval of the resolution regarding Queensbury Central Fire Company's purchase of a firetruck. DR. DAVID SCHWENKER, QUEENSBURY PRESIDENT OF QUEENSBURY SENIOR CITIZENS-Spoke to the Board regarding the change in staffing with the Queensbury Senior REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 38 Citizens. They have hired Kathryn Cramer as Director of Operations who has joined Melissa Pagnotta, Director of Travel & Activities; noted they are doing a great job. DR. DAVID JUDKINS, BUTLER POND ROAD, QUEENSBURY-Presented Town Board members with an article entitled, The Water Test. Asked the Board if they have received word from Just Beverage regarding the use of or implementation of an electric truck. Spoke to the Board regarding his concern with his well, being one tenth of a mile from where they are extracting water. Asked the Board to review information presented to them with Water Department Officials. TRAVIS WHITEHEAD, QUEENSBURY-Questioned the Board as to how an entity can get backing for purchase of a fire truck. QUEENSBURY AT LARGE SUPERVISOR, RACHEL SEEBER-Questioned if the Privilege of the Floor section of the meeting is an answer and question session, noted she likes the back and forth dialogue. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I) • Spoke regarding the passing of Charles Maine, and Tom Collins noted they brought a lot to the community. They will be missed. Condolences sent to their families. COUNCILMAN IRISH (WARD III) • Spoke regarding the passing of Charles Maine. I worked with Charlie Maine on the Recreation Commission for many years, condolences to his family. COUNCILMAN VANNESS (WARD IV) • Nothing to report SUPERVISOR STROUGH • Attended the West Glens Falls Fire Company's Banquet, Martin Luther King March. • Attended the services for Charles Maine. Thanked him for all of his good deeds. Condolences sent to his family. • Thanked Look TV and StoredTech, for sponsoring and televising the meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 28, 2017 INTRODUCED BY: Mr. Doug Irish 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 23rd day of January, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES: None REGULAR TOWN BOARD MEETING, 01-23-2017,MTG 93 39 ABSENT: Mr. Clements Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O'BRIEN, DEPUTY TOWN CLERK I