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2013-07-01- Mtg 27 REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 1 REGULAR TOWN BOARD MEETING MTG. #27 July 1, 2013 RES. 284-297 7:00 PM TOWN BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV TOWN OFFICIALS TOWN ENGINEER, CHRIS HARRINGTON PLEDGE OF ALLEGIANCE LED BY SUPERVISOR RONALD MONTESI 1.0 PUBLIC HEARINGS NOTICE SHOWN PUBLICATION DATE: June 21, 2013 SUPERVISOR MONTESI- This is an application for a community development block grant funds through New York State, Administrative Small Cities grants in making determination of type two action under SEQRA regulations for small business assistance. With us tonight is our Planner, Stu Baker and you can introduce your guest. SENIOR PLANNER, STUART BAKER- With me on my right is Bob Murray from Shelter Planning and Development, a local consulting firm that, as many of you know, we've used for years for community development assistance; primarily in recent years for our housing rehab program, but this year we're proposing some economic development applications through CDBG. With that I will turn it over to Bob BOB MURRAY- Good evening, thank you for the opportunity to be here and talk to the Board. The block grant program has been around a long time and provides grant funds to small communities across the State on a competitive basis. It's funded by the Department of Housing and Urban Development and block grant funds can be used for housing economic development or public facilities. The program in order to apply requires that the town or the applicant to hold the public hearing that we're doing tonight and to make information available to the public that says this is what the program is, it's a community development program that provides grants to the communities. This year there's 26 million dollars available State-wide, that's down a bit from prior years because of a number of cuts in Washington; but the program still functions. The application deadline this year is August 12th, and the application process, this is the third year it's through what they call a consolidated funding application process established by the Governor. So, most of the grant programs in the State are required to go through this electronic process to file applications, whether it's for parks or community development or other programs. The housing is an exception, it'll come at a little later date, we expect in the fall. But, that's the process, again the purpose of the hearing is to make the public aware that there is that money and that there is the program and that you can compete for it. We have been working this year to see if there was an opportunity to apply for economic development assistance for small business. We've talked about the idea of giving some grant funds to assist with the expansion of the Davidson's Brewery locally, and we think that's got a very high probability of being well received. So, we're looking to put together an application that would request some assistance REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 2 with buying some equipment, which would result in additional jobs at that facility. We still haven't got the details worked out, this is really the first step to hold the public hearing and then we are going to get more information; we will be back to the Town Board. If everything goes well and goes together like we hoped you will have the opportunity to authorize submission of the application at a later date before August 1211' COUNCILMAN BREWER- That money is specifically used for that project or other projects as well? MR. MURRAY- That application we're discussing, that application would be a specific amount of money to buy equipment for that project COUNCILMAN BREWER- Right, that one project MR. MURRAY- Right SENIOR PLANNER, BAKER- The intent is to have a resolution before the Board at your next meeting on July 15th, and as noted in the title of this hearing this is hearing this is a Type II Action under SEQRA which doesn't require any additional action by the Board COUNCILMAN STROUGH-Now, this particular resolution that I have in my hand it's titled Resolution Authorizing Submission of Application for Community Development Block Grant Funds Through the New York State Administered Small Cities Program and Making Determination of Type II Action under SEQRA Regulations for Small Business Assistance... this is the one we're voting on SENIOR PLANNER, BAKER- You're absolutely right, I'm sorry. That resolution does authorize submitting the grant and does know that it's a Type II Action. I was mistaken, the resolution does not specifically authorize Shelter Planning, however, to submit the application on behalf of the Town, and that's primarily because we have not yet received their formal proposal to do this. SUPERVISOR MONTESI- So, what do you want us to do tonight? We're holding the public hearing SENIOR PLANNER, BAKER- Hold the public hearing, accept public comments, close the public hearing and if the Board is interested in moving this forward do pass the resolution that you have in your packets. COUNCILMAN STROUGH- Okay but we'll be voting on it again if we agree to Bob's terms. SENIOR PLANNER, BAKER- That's correct, that's correct COUNCILMAN STROUGH- And we have time because this isn't actually due until August. MR. MURRAY- August 12th COUNCILMAN STROUGH- Yes, so we're fine there MR. MURRAY- That's correct SUPERVISOR MONTESI- I guess it begs the question, should we have gotten Bob's proposal first and then done this? SENIOR PLANNER, BAKER- Ideally, yes but I don't think there's any harm in passing this resolution. This merely authorizes the Town to submit the application. Bob has told me that he'll have the proposal to us within the week. MR. MURRAY- It's a little non-typical, but there's no harm done. You're authorized to do it, you don't have to. So, if anything should come along where there was a reason not to, either because of my proposal or terms of my discussions with the State didn't look like it was feasible REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 3 you have no obligation to submit. So, we have some additional homework to do having authorized this submission there's no harm. COUNCILMAN STROUGH- Well this basically tells you Bob, at least, and maybe others that maybe want to offer what they would do to submit for us on our behalf is that we support this program, and we support going in this direction. SUPERVISOR MONTESI- And this is a new direction so I can understand a little bit of confusion. MR. MURRAY- I agree with that. If you chose not to proceed quite that way we could amend it at the July, or modify it for the next meeting or if you chose to see that there really isn't any obligation or harm done then that's up to you SUPERVISOR MONTESI- So, well the public hearing is open if there's anybody from the public that wants to comment, then we can act on it. Mr. Winters GEORGE WINTERS- I went to a hearing when Davidson's applied for tax-free money, you know reducing the taxes. At that meeting there was a guy there that said their going to eliminate six jobs in Glens Falls and they are going to create six jobs here, and all of their equipment is up in Maine, they are going to move that down. So, how many breaks are we going to give Davidson's? COUNCILMAN STROUGH- Well, for one thing if their moving all of the equipment up in Maine down here, that they don't have here, they're going to need people to run it. So, obviously there's going to be more people involved in that beer making process than there are here now because they're expanding the whole system. Not only that, but they're going to open their doors to the public and everything else that their not down there, so it's got to produce new jobs, George. MR. WINTERS- The only thing I'm saying is that he's getting all kinds of breaks and now we're going to give him another break to buy new equipment or whatever this grant's going to do. I personally don't think that he should get any more money from the State or Town of Queensbury or whatever it is. It just seems like he gets whatever he wants here. There was another guy there, I don't know all the details, I forgot them now but he rented a building from them, I don't know, I don't want to get in to that but my thing is that I don't think Davidson's deserves any more money. Thank you SUPERVISOR MONTESI-Doug Irish DOUGH IRISH- I think that the block grant program is a good program, but I also think that any application for small business belongs with the economic development group and not with the Town of Queensbury. We had at one point in time an economic development corporation here in Queensbury and decided to disband it; they moved it up to the County and down to the City. I think if there's going to be some applications for small business it belongs with that group and not with the town, especially if we are going to pay a consultant to do the application for the grant COUNCILMAN BREWER- I think the Town has to be the applicant in this particular case. MR. IRISH- I think the Economic Development Corporation could act as the COUNCILMAN STROUGH-No, the Town of Queensbury COUNCILMAN BREWER- The Town of Queensbury has to be the applicant MR. IRISH- Okay COUNCILMAN BREWER- Otherwise we would do exactly as your saying MR. IRISH- Thanks REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 4 SUPERVISOR MONTESI- Anyone else? Stu do you have any closing comments? SENIOR PLANNER, BAKER- Just a couple remarks. It is correct that a municipality needs to be the applicant so in this case it is the Town. Another point is while Davidson's currently does their brewing in Maine it's not through their own factory that you contract brewing, meaning that they pay somebody else, so they don't have any equipment in Maine. They are actually putting new equipment to them in this new Queensbury facility. SUPERVISOR MONESI- I think one of things that John Davidson mentioned was that they're trying to make it all American, they can go foreign but they are buying all American. SENIOR PLANNER, BAKER- And that's a great point, I know that there's some quality manufacturers here in the North-East of brewing equipment. That family has been in the business, and they no longer are, they once were in Maine. COUNCILMAN STROUGH- And not only that, but with a brand new brewery business it's going to become a destination. The fee that we're going to pay to get the grant for them is going to be paid many, many times over, the tourists and visitors that are going to come here its all part of economic development, the multiplier effect and everything else. SENIOR PLANNER, BAKER- An important point is one of the requirements of the CDBG program is that they need to use any grant money they receive through these economic development funds for either the retention or the hiring of low and moderate individuals so it's not supporting existing high wage people transferring in, it's supporting those that will benefit from better wages. COUNCILMAN STROUGH- We don't want to be penny wise, pound foolish. SUPERVISOR MONTESI- Okay, thank you Stu. Does the Board have any questions? I will close the public hearing. RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE ADMINISTERED SMALL CITIES PROGRAM AND MAKING DETERMINATION OF TYPE II ACTION UNDER SEQRA REGULATIONS FOR SMALL BUSINESS ASSISTANCE RESOLUTION NO.: 284,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 278, 2013 the Queensbury Town Board scheduled a public hearing concerning the Town's proposed application for funds through the New York REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 5 State Office of Community Renewal (OCR)'s administered Community Development Block Grant (CDBG) Program, and WHEREAS, the Town Board duly conducted its public hearing on Monday, July 1St 2013, heard all interested persons, reviewed its housing and community development needs and developed a proposed program and application for the CDBG funds, and WHEREAS, the Town has reviewed its community development needs and is proposing to submit an application to OCR for funding for equipment for small business assistance, and WHEREAS, the application to OCR requires that the Town review and classify the proposed activity under the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, the project is considered to be a Type II action under §617.5 (c)(2) of the SEQRA regulations and is therefore not subject to review under the SEQRA regulations; and WHEREAS, the Town Board wishes to authorize submission of an application for the CDBG funds. NOW, THEREFORE BE IT RESOLVED; that the Queensbury Town Board hereby determines that the proposed assistance is a Type II action under SEQRA regulations, and therefore is not an action subject to review under SEQRA, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs submission of the Town of Queensbury's application for Community Development Block Grant (CDGB) funds through the New York State Office of Community Renewal (OCR)'s administered Community Development Block Grant Program, with such application due in August 2013, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 6 RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any necessary documents in connection with the submission, including all applications, certifications and forms and further authorizes and directs the Town Supervisor and Senior Planner to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None ABSTAIN: Mr. Clements 2.0 HEARINGS SUPERVISOR MONTESI- Chris Harrington is here from the Water/Sewer Department. Chris, do you want to give us a quick run-down on this? This is not an unusual thing; it's new for exit 18 Main Street. TOWN ENGINEER, CHRIS HARRINGTON- Good evening, we are going to have several of these on Main Street and these are things we typically go through especially on Route 9. I believe Ms. Jones is asking for a financial hardship variance. I think it's within the Town Board to grant her that. I would say there's about 95 properties on Main Street so I'm sure we are going to get more than a few of these. SUPERVISOR MONTESI- This is a two year variance for Mrs. Jones and if the property is sold, all of those properties along Main Street seem to be for sale, and maybe that conversion to what we really had a vision of John and myself and the rest of the Board Members for what Main Street could look like. In the interim, there are some folks along there that struggle a little bit and rather than push them to hook up we are giving them a variance. We've done that on Route 9 for some of the business or some of the places along Route 9. TOWN ENGINEER, HARRINGTON- I just want to make it clear that this does not mean that she doesn't pay the O&M charge. We're still going to charge her O&M, November 1St is when we are going to start charging O&M. COUNCILMAN BREWER- I did talk to Mrs. Jones and her husband passed away within the past few years and she is by herself, she is up in her 80's and she's having a tough time of it and she does not have the money to pay a contractor to hook it up. Hopefully she sells the place or it changes hands and the new owner will hook up. We have done these for many people on Route 9 so I don't see a big problem with it for an individual who's lived here for as many years as Mrs. Jones has. TOWN ENGINEER, HARRINGTON- I agree REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 7 SUPERVISOR MONTESI- Thank you Chris. Any public input? Yes, John JOHN SALVADOR- With all due respect to the financial hardship, do we satisfy ourselves that there is no contamination of the groundwater as we continue to operate with an on-site system? COUNCILMAN BREWER- Do we satisfy ourselves? MR. SALVADOR- Yes, is the alternate environmentally sound? That's all my question is? COUNCILMAN BREWER- Yes, she has a system that's working now MR. SALVADOR- We know that? COUNCILMAN BREWER- Yes MR. SALVADOR- We have some kind of COUNCILMAN BREWER- I have not personally done the test MR. SALVADOR- Has the Town undertaken to satisfy themselves that the alternate is environmentally sound, that's my question? COUNCILMAN BREWER- I would probably say not. I'd have to send somebody over there to check John, but I think if there was a problem with the septic system, she would certainly take care of it, or somebody would know and we would have MR. SALVADOR- Why do we put the sewer in? COUNCILMAN STROUGH- For the re-development MR. SALVADOR- Thank you SUPERVISOR MONTESI- Any other comments? Closed the hearing RESOLUTION APPROVING JOYCE JONES' APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136—SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 285, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Joyce Jones (Applicant) applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements to connect her REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 8 property located at 33 Main Street, Queensbury to the West Queensbury Sanitary Sewer District as set forth in her May 31St, 2013 application, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, July 1St 2013, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Joyce Jones' application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants Ms. Jones a two (2) year extension of time or until July 1St, 2015 in which to connect her property located at 33 Main Street, Queensbury (Tax Map No.: 309.10-2-20) to the Town's West Queensbury Sanitary Sewer District, provided that Ms. Jones connect to the West Queensbury Sanitary Sewer District within two (2) years and no further extensions will be granted, and in the meantime, if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the property must connect to the West Queensbury Sanitary Sewer District, REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 9 BE IT FURTHER, RESOLVED, that Ms. Jones shall pay all charges due as if its property was connected to the West Queensbury Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Civil Engineer/Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013 by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None 3.0 RESOLUTIONS RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR ARTHUR MEADE/UPSTATE PRODUCTIONS LLC AT SKI WEST MOUNTAIN RESOLUTION NO.: 286,2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Arthur Meade/Upstate Productions, LLC has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a three (3) day transient merchant market from Friday, September 20th — Sunday, September 22"a REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 10 2013 at the Ski West Mountain Ski Center, 59 West Mountain Road, Queensbury for the 3rd Annual Freedom of Expression Music and Arts Festival to sell various food items, non-alcoholic drinks and certain merchandise in accordance with the provisions of Town Code Chapter 160, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Arthur Meade/Upstate Productions, LLC (Applicant) to conduct a three (3) day transient merchant market at the Ski West Mountain Ski Center located at 59 West Mountain Road, Queensbury, subject to the following: 1. Applicant must pay all fees as required by Town Code Chapter 160; 2. Applicant must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Applicant must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from Friday, September 20th— Sunday, September 22nd 2013 from: 5:00 p.m. - to 12:00 a.m. midnight on 9/20; 11:00 a.m. — 12:00 a.m. midnight on 9/21; and 11:00 a.m. — 12:00 a.m., midnight on 9/22; and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Applicant must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 11 RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of this approval. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION ADDING SERENITY LANE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 287, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Serenity Lane," a private roadway/driveway located off of Assembly Point, to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Serenity Lane"to the Town of Queensbury's list of private driveways and roads, and BE IT FURTHER REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 12 RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Highway Department and Director of Building and Codes to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None RESOLUTION ADDING HARRISENA TRAIL TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 288,2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No. 434.95, the Queensbury Town Board adopted a list of names for private driveways and roads in the Town in connection with the 911 addressing system, and WHEREAS, the Town Board wishes to add "Harrisena Trail," a private roadway/driveway located off of Bay Road, to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds "Harrisena Trail" to the Town of Queensbury's list of private driveways and roads, and REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 13 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Highway Department and Director of Building and Codes to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 289, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Department of Parks and Recreation has requested Town Board authorization to hire Sarah O'Brien, William White and Casey White 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 must approve the appointment of Town employees' relatives and: • Sarah O'Brien is the daughter of Deputy Town Clerk I Karen O'Brien and Building and Codes Inspector John O'Brien; • William White is the husband of Recreation Commission Member, Lisa Marie White; and • Casey White is the daughter of Recreation Commission Member, Lisa Marie White; REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 14 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town's Department of Parks and Recreation on a part- time, seasonal basis effective on or about July 1St, 2013, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be 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, Director of Parks and Recreation, 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 1St day of July, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING GLENS FALLS LIONS CLUB DUATHLON RESOLUTION NO.: 290, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Glens Falls Lions Club has requested permission to conduct its second annual Duathlon which will raise funds to enable them to continue their work in sight and hearing assistance and preservation as follows: SPONSOR: Glens Falls Lion Club REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 15 EVENT: Duathlon DATE: Sunday, October 13th 2013 TIME: Approximately 8:30 a.m. PLACE: Beginning and ending at SUNY Adirondack (Letter and Map regarding location of walk attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Glens Falls Lion Club to conduct its second annual Duathlon within the Town of Queensbury as set forth above, contingent upon the Town's receipt of proof of proper insurance, and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 16 RESOLUTION AUTHORIZING THIRD AMENDMENT TO INTERMUNICIPAL AGREEMENT BETWEEN QUEENSBURY TOWN BOARD ON BEHALF OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND TOWN OF MOREAU RESOLUTION NO.: 291, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, by Resolution No.: 492,98 the Queensbury Town Board entered into an Intermunicipal Agreement with the Town of Moreau for the sale of water, and WHEREAS, by Resolution No.'s: 78, 146 and 340 of 2000, the Town Board approved an amendment to the Intermunicipal Agreement to extend the termination date in the Agreement, and WHEREAS, in accordance with the Intermunicipal Agreement, as amended, the Town of Moreau is entitled to a Reserved Capacity of 1,250,000 gallons per day, and WHEREAS, the Village of South Glens Falls is experiencing difficulty in obtaining sufficient water for its residents and is developing a water source to provide additional water, and WHEREAS, the Towns of Queensbury and Moreau wish to provide temporary assistance to South Glens Falls and accordingly amend their Intermunicipal Agreement to enable Moreau to temporarily increase its Reserved Capacity in order to temporarily sell water to the Village of South Glens Falls, and WHEREAS, a proposed Third Amendment to Intermunicipal Agreement has been presented at this meeting and the Town Board has determined that such Agreement would be in the best interests of the Town, its residents, and its Consolidated Water District, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 17 RESOLVED, that the Queensbury Town Board hereby approves of the Third Amendment to Intermunicipal Agreement with the Town of Moreau, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Third Amendment to Intermunicipal Agreement and the Town Supervisor, Town Budget Officer, Town Counsel, Town Water Superintendent and/or Town Civil Engineer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION AUTHORIZING USE OF TOWN FUNDS FOR EXPENSES RELATED TO CEREMONY REGARDING LOAN OF EAGLE SANDSTONE STATUE FROM CITY OF GLENS FALLS RESOLUTION NO.: 292, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 274.2013, the Queensbury Town Board approved and authorized the loan of an eagle sandstone statue (Eagle) which was originally at the top of the Civil War Monument located at the corner of Bay and Glen Streets in the City of Glens Falls from the City of Glens Falls and the expenditure of funds for costs related to the transportation and installation of such eagle statue at the Town Office Building, and REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 18 WHEREAS, the Town of Queensbury is planning a ceremony on July 5t1i 2013 to formally welcome the Eagle and thank the City of Glens Falls for loaning it to the Town, and WHEREAS, Councilman Strough has offered to purchase refreshments and related items for such ceremony, and WHEREAS, by New York State Town Law §64.14, expenses relating to commemoration of historical events are proper municipal expenses and therefore the Town Board wishes to authorize reimbursement to Councilman Strough for expenses up to $250 related to the ceremony provided that Mr. Strough furnish the Town Budget Officer with appropriate receipts and invoices, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure and reimbursement of funds up to $250 to Councilman Strough for refreshments and other related expenses related to the ceremony on July 5t1i 2013 to formally welcome the loan of an eagle sandstone statue (Eagle) from the City of Glens Falls provided that Mr. Strough furnish the Town Budget Officer with the appropriate receipts and invoices, and BE IT FURTHER, RESOLVED, that such expenses shall be paid for from the appropriate account as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the Town Budget and/or take any actions needed to provide for such initial payment and subsequent reimbursement, and REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 19 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Deputy Supervisor John Strough 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 1St day of July, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 293, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony 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 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 20 001-1990- 001-7110- 4400 Contingency 4400 Misc. Contractual 1,500 001-1990- 001-1620- 4400 Contingency 4070 Building Repair 4,000 002-9060- Health 002-8810- 8060 Insurance 4070 Repairs 12,000.00 Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF CAPITAL PROJECT FUND #201 AND AWARD OF BID FOR MATERIALS FOR UNDERDRAIN REHABILITATION FOR FILTER#2 AT TOWN WATER DEPARTMENT RESOLUTION NO.: 294, 2013 INTRODUCED BY: John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Water Department Civil Engineer requested that the Town Board authorize an advertisement for bids for the purchase of materials for the underdrain rehabilitation for Filter #2, including new cell dividers and porous plates, at the Town Water Department in accordance with bid specifications on file with the Town's Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, and REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 21 WHEREAS, by Resolution No.: 251,2013, the Town Board authorized the Town's Purchasing Agent to advertise for bids and following such advertisement and receipt of bids, all received bids were opened and reviewed on June 26th, 2013, and WHEREAS, the Purchasing Agent, the Water Superintendent and Civil Engineer have recommended that the Town Board award the bid to the only, and therefore the lowest, responsible bidder, Infilco Degremont, Inc., for an amount not to exceed $183,500, with the Town's Water Department to provide the labor for installation, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the "Underdrain Rehabilitation for Filter #2 Capital Project Fund #201," which Fund will establish funding for expenses associated with the purchase of materials and labor associated with the installation of the underdrain rehabilitation for Filter #2, including new cell dividers and porous plates at the Town Water Department, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of materials for the underdrain rehabilitation for Filter#2, including new cell dividers and porous plates from the only, and therefore lowest, responsible bidder, Infilco Degremont, Inc., for an amount not to exceed $183,500, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 22 RESOLVED, that the Town Board further authorizes expenses up to the amount of $75,000 toward costs associated with the installation of such materials, including the rental of any equipment needed for such Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $9,175 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be from the Water Department's Fund Balance, and BE IT FURTHER, RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund #201 in the amount of$267,675, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish accounts for such appropriations and revenues as necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2013 Town Budget, make any adjustments, budget amendments, transfers REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 23 or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Civil Engineer and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF JULY 2ND,2013 RESOLUTION NO.: 295, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of June 27th, 2013 and a payment date of July 2"a 2013, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of June 27 th, 2013 and a payment date of July 2"d 2013 totaling $316,920.21, and REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 24 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 1St day of July, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING HIRING OF STEPHEN BAKER AS SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 296, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Cemetery Commission has requested Town Board authorization to hire Stephen Baker as a Seasonal Laborer to work for the Cemetery Department for a total of approximately 880 hours, such employment proposed to commence on or about July 2"d 2013, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board approve the appointment of Town employees' relatives, and Stephen Baker is the brother-in-law of Scott Rowland, an employee in the Town's Cemetery Department, REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 25 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Stephen Baker as a Seasonal Laborer for the Cemetery Department for a total of approximately 880 hours commencing on or about July 2"d 2013, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, a pre- employment physical and drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 111,2013 and payment shall be paid from Account No.: 002-8810-1010, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Secretary and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None 4.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) PLINEY TUCKER- Would like to see Division Road get re-paved. Asked Councilman Brewer to look into this with the Highway Superintendent RONALD BALL- Spoke to the Board regarding the dangers of cell tower fires. Owns property with a cell tower on it and no longer feels comfortable building on that property REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 26 He asked the Town to consider buying it, its eight and a half acres, it would complement the water tower property and he is asking $180,000. JOHN SALVADOR- • On the subject of the cell tower, has the Town has ever assimilated all the costs that it incurred to permit this cell tower and transfer those to the Water Department (attorneys costs, hearing costs, all the costs that the Town has probably born in its general fund should be charged to the Water District)? • Spoke regarding a letter submitted to the Board today in response to Supervisor Montesi's concern for the need to adequately notice the Lake George Park Commission with respect to the requirements of the Queensbury Code Chapter 147- Storm Water Management GEORGE WINTERS- Questioned the Board regarding the "cat house" SUPERVISOR MONTESI-Explained that Dr. Garner, our Health Officer will be making a visit to the house tomorrow to determine if it should be condemned MR. WINTERS- Spoke regarding the Hudson Valley Parade held in West Glens Falls on the Weekend of June 22"d. Questioned who authorized the road to be closed? COUNCILMAN BREWER- The Highway Superintendent is the only one from the Town who is authorized to close the road. MR. WINTERS- The fireman had open containers and left garbage all over. Explained that the residents affected should have been notified of this event COUNCILMAN STROUGH- Agreed that it should have been organized better and residents should have been notified so they could make arrangements if they needed or wanted to leave their residents 5.0 CORRESPONDENCE- NONE 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1)- • Every Wednesday a group of individuals from the Senior Center volunteer over at Hovey's Pond to weed the beds. They are looking for additional volunteers on Wednesdays; they meet from 9AM until noon over at Hovey's Pond. For more information email Councilman Metivier at wardl a gueensbury.net. • Wished everyone a happy 4th of July, be safe and don't drink and drive. COUNCILMAN CLEMENTS (WARD 2)- Wished everyone a happy 4th of July, and hope for good weather. COUNCILMAN STROUGH (WARD 3)- • Spoke regarding abandoned/foreclosed houses in Queensbury. This is a growing problem and needs to be resolved because some of these houses are becoming health and safety hazards. Dave Hatin, Director of Building and Codes, called some of the banks of these properties with no success, he waited on hold for 45 minutes and no one would take his call. Something needs to be done to remedy this problem. • Received this month's Queensbury Post. Reviewed for the public the numerous activities available to seniors. If you are 55 or older and interested in joining please call 761-8224. • This Friday, July 5th, at 10:00AM here at the Town we are going to celebrate and thank the City for eagle that is sitting in our lobby. REGULAR TOWN BOARD MEETING 07-01-2013 MTG#27 27 COUNCILMAN BREWER(WARD 4)- Proposed working with our attorneys on resolving the issue with the foreclosed houses. The banks should be held accountable to clean these places up. After further discussion it was decided that Councilman Brewer will contact the Town's Attorney regarding the subject. SUPERVISOR MONTESI- • Announced that the City has hired an individual to take over the responsibilities that our employee from the Town Water Department has been helping the City out with. • Sales tax report for year to date is up 6.5% • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 297, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 1 st day of July, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury