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2015-02-09 MTG 5 REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 565 REGULAR TOWN BOARD MEETING MTG#5 February 9, 2015 RES# 66-78 7:00 P.M. LL #1 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER PRESS LOOK TV POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH called meeting to order... 1.0 PUBLIC HEARINGS SUPERVISOR STROUGH- Okay, this is a one year agreement with Bay Ridge Rescue Squad or the ambulance service and it is basically operations is going to be the same, insurance is the same, debt service is the same, paid staffing goes up twenty thousand dollars ($20,000). It's a one (1) year agreement. Last year's agreement was four hundred and thirteen thousand dollars ($413,000), four hundred and thirteen, one hundred and ninety two dollars ($413,192), to be specific. This year's is just twenty thousand (20,000) more for the paid staffing. So the total one year agreement and this is to set a public hearing is twenty thousand dollars ($20,000). But this is to set the public hearing, but if anybody would like to speak to this I'll allow that at this time and we'll continue the public hearing...wait a minute. TOWN COUNSEL, ROBERT HAFNER- This is actually holding the public hearing. SUPERVISOR STROUGH- Tonight is the public hearing. That's right, I'm thinking of the next one. So if anybody would like to speak to this proposed emergency ambulance service agreement between the Town and the Bay Ridge Rescue Squad, the public hearing is now open. Seeing none, I will close the public hearing. Any comments of thoughts on behalf of the Town Board? Seeing none, I'll ask for a roll call vote. RESOLUTION APPROVING EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. FOR 2015 RESOLUTION NO.: 66,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 566 WHEREAS, in accordance with Town Law §184, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Agreement currently in effect between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc. (Squad) expired on December 31, 2014, and WHEREAS, the Town and Squad have negotiated terms for a new one (1) year Agreement for general emergency ambulance services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on Monday, February 9t1i 2015, the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the emergency ambulance services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., for 2015 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None SUPERVISOR STROUGH- Okay, this is a proposal to have a six (6) month moratorium in our Bay Road Office District. There are a variety of reasons for this, the big one being the limited sewer capacity. This went before the Warren County Planning Department. They considered the proposal. They determined that it involved local issues without any significant impacts on Warren County properties and therefore recommended no County impact. It went before the Queensbury Planning Board for their consideration and advisement, and they recommended careful review and that we should develop a plan for sewer expansion and I guess they also were a little bit concerned that they REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 567 had a lack of information upon which to make a decision on this matter, but they did and they made the recommendation that the Town be careful in its review of this moratorium, temporary moratorium. So, we had a public hearing on January 26th and I'll continue that tonight. I want to hear all interested parties. It is a law to establish a temporary moratorium on residential, multifamily construction in the Bay Road Office District. This does not apply to applications that have already been approved by the Town. We've given a variety of reasons for this. There is an effort also besides the lack of sewer capacity for further multifamily development. This Board likes to encourage commercial development because it believes that commercial development provides good jobs and it's a benefit to the taxpayer. If you take a look at Ohio University's cost of community services, it says that residential land ... drain on local government, to the tune of for every dollar ($1)they put in they require a dollar fifteen ($1.15)to a dollar fifty ($1.50) in services. In contrast to that commercial development, for every dollar ($1)that they put in only requires thirty-five (35) cents to sixty-five (65) cents in government services. So you have to be balanced in the way that you want to develop your town to make sure that it does not overly burden the taxpayers. Now this six (6) month moratorium is a chance to give us a look see, if you will. Maybe we will end up doing nothing. Maybe we'll reduce doing the multifamily density, maybe we'll reduce the amount of office zone, maybe we'll change the setbacks, maybe we'll do a combination of the above, maybe we'll do something that I haven't even mentioned yet, because the idea hasn't appeared yet. This gives us six (6) months to consider this resolution. No giving the quarter sewer capacity limitations and the Town's desire to encourage commercial growth along this corridor, after all the title of the zone is office zone, and we want to have good jobs and we want the lower tax burdens. We want to do the responsible thing, and that's why this Board is considering this at this time. All the other uses and we're only talking about multifamily uses, all the other uses are not being impacted by this proposal. As I showed you last time, Fowler Square we have a hundred and forty-two (142) apartments, Cottage Hill a hundred and forty-eight (148) apartments. So we've got close to about two hundred and ninety (290) apartments coming on line and we've got some beautiful office lots that have been set aside for office lot subdivision or development and this Board doesn't think in terms of today, it thinks in terms of tomorrow. What is this Town going to need ten (10) years, fifteen (15) years, twenty (20) years from now. We have to consider that. So this six (6) month moratorium will enable us to do those kinds of things. Before we open it to the public is there any comments or thought on behalf of the Board at this point in time. You're welcome to come in at any time you want. Okay, is there anybody from the public? I left the public hearing open. Yes, Kathy. KATHLEEN SONNABEND- I fully support the moratorium on multifamily construction in the Bay Road Office District and encourage you to vote tonight to implement it. This Town Board deserves appreciation for undertaking the independent engineering study of Bay Road sewer capacity. Unfortunately, contrary to reports from The Post Star and the Queensbury Director of Wastewater, the study does not confirm that there is sufficient capacity for all currently approved projects, let alone for any additional projects. MJ Engineering's conclusion of sufficiency was based on Map, Plan and Report sewage flows legally approved by the Town Board, not the projected flows of those projects as approved by the Planning and Zoning Boards. MJ's conclusion depends on the Town not issuing sewer permits in excess of legally approved flows. When you add existing flows to projected flows, and this is all in the study, tables three (3) and four (4), a more realistic estimate, it exceeds a hundred percent (100%) of capacity. That clearly fails the eighty percent (80%) capacity test cited by Queensbury Director of Wastewater, at the December 23, 2014 workshop meeting with MJ Engineering, as the threshold for issuing sewer permits without the necessary analysis and upgrades. Operating a sewer system above eighty percent (80%) capacity can result in unpleasant surprises. At the workshop meeting, the representative from MJ Engineering stated that when projects exceed their legally approved sewer capacity, it is the developer that bears the necessary cost to upgrade. Obviously the cost of necessary upgrades, and who pays for it, needs to get sorted out before there is any more construction, or sewer permits issued. Otherwise, the Town Board will be unfairly enriching certain developers with capacity that the Town purchased to accommodate all property owners on the Bay Road corridor, and a looming crisis will now become a very near term crisis. REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 568 Another work shop meeting with MJ Engineering and the Queensbury Director of Wastewater should be scheduled as soon as possible. At the last Town Board meeting, you received great pressure from one property owner who didn't want you to tighten the Code from the current three hundred (300) foot prohibition of residences. Don't let him distract you from the very real sewer problem. By his own admission, he acquired the property in 2002. At that time, the Planning Board had long enforced the thousand (1,000) foot prohibition of residences and the Town officially codified it. There is no requirement that the Town Board guarantee him a profit. To the contrary, the Town Board's only responsibility is to the well-being of the community in general. I do not blame this Town Board for the mistakes of past boards. But what happens under your watch now is your responsibility. In a perfect world, you should be able to count on your Directors of Wastewater and Zoning and Planning to know the code, read applications and studies thoroughly and provide good guidance. You should be able to count on the Planning and Zoning Boards to make knowledgeable and good decisions for the benefit of the Town as a whole. When those individuals prove unwilling or unable to do so, you have the authority to replace them. Given the track record of those individuals with respect to Bay Road, you should not allow any sewer permits to be granted without the vote of the entire Town Board. And you should not allow the Planning Board, without the vote of the entire Town Board, to approve projects with sewer flows in excess of what the Town Board legally approved with their respective Map, Plan& Reports. Without effective staff and boards, a lot can slip by you. For example, not only will Fowler Square require more than three (3)times the legally approved capacity of twelve thousand (12,000) gallons per day for the entire property, but this project is just phase 1, with more construction and required capacity to come. Thank you. SUPERVISOR STROUGH- Thank you. Anyone else like to speak to this topic? The topic is our consideration to adopt a local law establishing a temporary moratorium on residential multifamily construction within the Bay Road Office District. Yes, Doug DOUG AUER- Good evening everybody, Doug Auer, 16 Oakwood Drive. My friend Travis whitehead is here tonight. He's another one that does some heavy lifting for the County of Warren, and it does affect the Town of Queensbury. But, Kathleen just spoke very eloquently, and actually I have nothing to add to that, except to say that I think that you guys are on the right track with this. She has drilled down into this report in a way that, quite honestly, I would not have been able to do, and I'm an engineer. I implore you to look at this, when she rolled this out for me just today it was a little bit difficult for me to follow but I concur with what she said that I believe that these capacities have been exceeded and this really needs a close look. I always had a sense that that was going to be the situation, because I knew what the design parameters were as I had mentioned several times, we design this based on the code in place at the time at the Town's request. We put a lot of head room into this design at that point. Looking at this thing kind of at a thumb nail distance, I said to myself there's something wrong with this and fortunately you had a report done, I think the report, the data is in there. I think it's a matter of the way you look at that data, clarification from M & J would be helpful. I'd like to sit in on that discussion. This is an engineering issue. You can't make PI 3, and I say that because there was actually an elected official, I don't remember which one of the Dakotas, North or South Dakota that wanted to make a law to make PI 3 because his son was having trouble in math, understanding that it was an irrational number. That's a fact, it was many years ago. I think I was in college at the time that it was reported. This is not a political issue; this is going to be a simple discussion with the engineers that did this to look at this to say, yes, this could very well be the case. When you build an airplane, Boeing doesn't build airplanes based on some nebulous expectation of the weight of the passengers. They full well know because if they see somebody stepping on a plane that's a little overweight they're not going to say no you can't get on board. They full well know, so this is a situation that I think the six (6) months that you're allowing for this breather, I'll call it, I think will give you an opportunity to look and understand better. If nothing else, to know what the bogy is going to be in terms of costs for whoever it is that is going to have to foot the expense for this. Whether it be you, which is us, the Town, the taxpayers or the developers; which you know, I vote for the developers that have to pay the freight on this. Obviously, they're the ones that make the REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 569 profit. Land speculation is a tricky business. I own a piece of land down at the airport; I've had for twenty-five (25) years. I haven't made a penny on it; I just pay taxes on it. Because the fellow that I had bought it with had the intention that we were going to build what they call skin staplers for Johnson and Johnson. He sold the patent to them and so we were out of the business. But, in any case, that's c'est la vie. So, you're doing a good thing here. My interest in this, I don't have a dog in the fight other than I was involved with the original design of this and I don't like to see what happened because there were good people as I've said before that we took into consideration for this. We designed this thing as best we could. I think we did a good job at the request of the Town and now all of that has been knocked into a ... so it's up to you guys to fix it. So thank you. SUPERVISOR STROUGH- Okay thanks Doug. Anybody else like to speak to this topic? Travis... TRAVIS WHITEHEAD- I'd just like to say I support the moratorium. Thank you. SUPERVISOR STROUGH- Okay, thank you Travis. Dan... DAN VALENTE, LEGACY LAND HOLDINGS- The owner of Fairfield Professional Office Park. I think the most affected by this currently. I want to clarify a few things; there is a lot of terminology that's been thrown around here in discussion. But, first of all the Fairfield Professional Office Park, which we talk about office zones and commercial zones. There's a difference between a commercial zone and what I consider an office zone. I can't put, in commercial property I would be able to put, obviously, much more substantial commercialized buildings there. I can't do that. Professional Office is strictly just that. So there is a limit to that. That's number one (1), number two (2) we've been talking a sewer district. Bay Road does not have true sewer district. I've had lengthy discussions with the Queensbury Wastewater Department. There is no true sewer district, there never was a true sewer district formed in the Town of Queensbury for Bay Road. Typically, when a town and I'm going to assume, I'm just going to speak to everyone, not just yourselves, when a district is formed, the properties are outlined. There's a parameter determined and all those properties are incorporated within that sewer district, whether they like it or not. In this case, that's not what happened. There's multiply extensions that come from Quaker Road Sewer District, and that's a true sewer district. So Bay Road has multiple extensions off of that and my Fairfield Professional Office Park is actually sewer district extension number eleven (11), which here is the map, plan and report for that. Within that I had to purchase my capacities for Fairfield Professional Office Park, which I had done back in 2008. So I bought six thousand four hundred (6,400) gallons of capacity for the Fairfield Professional Office Park at that time. I did that to ensure that I couldn't lose that capacity. So, somebody up the road couldn't have bought out and then that capacity wasn't left on Bay Road for me to be, to acquire down the road. So it was a way to protect that I did have that capacity to use as development occurred there. COUNCILMAN IRISH- Does this include all those lots in... MR. VALENTE- That's what I purchased for the entire Fairfield Professional Office Park. So there's currently, as you know, the proposal is going to come in here for some senior housing and that would encompass ten (10) lots there. I have three (3) lots that we have sold. That would leave a remainder of three (3) lots along Bay Road, that front Bay Road that would still be professional office within that three hundred (3 00) foot requirement currently. The other ten (10) lots is what we were going to propose. I have a copy of that site plan if you'd like to see that. I don't know if you have? It's a small version, if you'd like to have that I'd be glad to hand it out. Those ten (10) lots are included in these calculations that I'm going to give you now. So, as I said, I purchased sixty-four hundred (6400) gallons of usage per day for the entire subdivision back in 2008. We are currently using for Four(4) Fairfield Drive, which is the Northeast Surgical building, we are using on average two hundred and twenty-two point three (222.3) gallons per day. Those numbers came right from your sewer department. I called and got these numbers right from them. Six (6) Fairfield, which is Parsons Dentistry is using an average of forty-four point five (44.5) gallons per day. Right now I'm using a total, my balance I should say, is six thousand, one hundred thirty-two (6,132) gallons of usage per REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 570 day that I'm not using currently, that I'm entitled to. In that report that has just recently been done we're supposed to take in account for, I'm assuming, correct Mr. Supervisor? SUPERVISOR STROUGH- What's that Dan? MR. VALENTE- The new, the latest report that you guys did the study for. SUPERVISOR STROUGH- ...Yeah. MR. VALENTE- That took in account all the capacity that was currently bought. SUPERVISOR STROUGH- Well, it took into account the capacity of... MR. VALENTE-For Fairfield that I own. SUPERVISOR STROUGH- You own. MR. VALENTE- Cottage Hill and I know Fowler Square. SUPERVISOR STROUGH- Yeah. MR. VALENTE- All these are district extensions mind you. So, if there's added capacity or somebody else wants to get into this sewer, they have to file an extension. It's not, you can't just get in, if the capacity's not there you can't be in. You just can't get, or you're going to have to upgrade the system. It's that simple. It's not you can just get into this if you want. You have to file a district extension. There's a process, and it's a lengthy process, and it's a costly process. So, every user, the only users that are affecting this system are the people that already purchased or bought into it. I don't know who, I know Fowler Square, I don't know if they've purchased their capacity as of yet? Like I said, I did mine in 2008 so I know I'm entitled to that usage. So I'm going to continue with our numbers on gallon-age here. My balance of usage based on what we're doing daily now, I have a six thousand, one hundred and thirty-two (6,132) gallon excess. The project we were going to propose before the Board here for the senior housing will require four thousand, one hundred and sixteen (4,116) gallons of usage per day, all right. That's based on a history that was developed, and the Engineer, Tom Nace, gave me that statistic. He gave me those numbers, those numbers I didn't just pull out of the air. I have an email from him stating that based on the history of what the senior apartments are doing for Rich Schermerhorn, that's the usage that they will need. COUNCILMAN VANNESS- How much is that again? MR. VALENTE-Four thousand, one hundred and sixteen (4,116) gallons per day. So that leaves me a balance, if a add up all those totals, say that was all built out, I would still have a balance of two thousand, sixteen (2,016) of usage per day that I own for the remaining three (3) lots on the front of Bay Road. That would leave me six hundred and seventy-two (672) gallons per lot, per day, plenty for what I have here. So what I'm trying, I guess get to is, number one (1) I'm a little weary of the whole timing of this whole thing. I'm a little concerned about what the motive is behind here. I do not, you know, I've been fighting. I told, I know Mr. Irish wasn't here, but I have a long history here. I'm a second generation owner of the property. I did pay fair market value for the property; I did invest a lot money there. I've been paying taxes for over ten (10) plus, twelve (12) years, since 2002, thirteen (13) years. I've got a quarter of million dollars in taxes there. I've sold three (3) lots, the last lot I sold was five (5) years ago. I have no interest in the lots right now. I have Bob Sears here, he clearly stated that there's over two hundred thousand (200,000) square feet of professional office space available in the Town of Queensbury. There's no demand, I have no demand. So I don't know, it's becoming a hardship for me. I have to continuously carry this, and will this market turn for professional office, I don't know? I don't have a crystal ball and neither do you. We're not proposing here anything that's going to be detrimental to anybody. The nearest building is four hundred and fifty (450), five hundred (500) feet from Bay Road is what the proposal would be; well in excess of the three hundred (300) foot setback. Take a look at the site plan, lots of green space. A lot more so than would be there if I built professional offices on every lot. I can easily exceed or match the gallon REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 571 usage on the sewer system; but I own that usage. I'm not going to burden that system anymore that's already accounted for, in all fairness. I also think that, oh, I have so many notes here. I'm not as eloquent as Mrs. Sonnabend here. You know, it's very personal to me. This has been a long drawn out thing. I don't feel that it's fair to pull the rug out from under somebody once they see a project coming along that they don't like. That's the way I feel. That's just my personal opinion right now. To take that and then change a zone, and this is the only way I think, I don't think there's a viable or a honest way you can set a moratorium based on the sewer facts that I see here. Nothing is going to build out in six (6) months. All these projects would have to be one hundred percent (100%) on line, and even if they were we were told they were going to be at eighty percent (80%) capacity for that sewer extension, I've got to clarify myself. This has been a long drawn out battle but it was never done right at the onset. When I talk about that, I'm talking about the sewer district was never formed by the Town. To say that the residents are going to be burdened by a fee or whatever is untrue because only the users would have to pay for that. I'd like to put the shoe on the other foot, you know, if you're in my position, I know, people do land speculation all the time. I'm not asking that you guarantee me a profit, you know, but I don't want the rug pulled out from me when you see a project come along that somebody doesn't like; and that's the way I feel. Do you have any questions for me before I step out of here? COUNCILMAN IRISH- I don't have a question Dan as much as a comment. You made a comment about you're concerned about the timing of it. MR. VALENTE- Yes. COUNCILMAN IRISH- To be quite honest with you, I think the whole idea of the moratorium came up based on the sewer study, not what you're planning to do with your project. MR. VALENTE- Yep. COUNCILMAN IRISH- It really had more to do with what we're looking at six (6), eight (8) months ago with Bay Road in its entirety for what's going on there. So I know you've got some projects that you were planning on and you've got an agreement with Rich but it really didn't have anything to do with your project as much as it did the entire sewer project... MR. VALENTE- And I respect that, it you want to put a moratorium on just the sewers and do it for just the sewers then let's pull this tweaking or changing of the zone out of the equation. Because if you vote for this, I think, well my facts, I think are pretty strong, that first of all, you're not going to have all these projects built out in six (6) months. It's going to take probably an excess, it will be at least a year or a year and a half before they would ever all be dealt out. Fowler Square we know is tied up. So, I don't see how a six (6) month moratorium on a sewer is justifiable because it's nonsense. It's not going to be. You're not going to have that burden on it. COUNCILMAN CLEMENTS- I just wanted to say that one of the things we are looking at is asking some more questions of MJ Engineering. I mean, they gave us a, I think they did a great job with the report. I think we have some other questions. And to concur with Doug, we were thinking about this long before Mr. Schermerhorn came in and laid out some plans. It isn't because of your project; I just want you to know that. MR. VALENTE-Well, I'm happy to hear that. I am happy to hear that but I really think that if it's going to be based on the sewer than let's base it on the sewer. If you want to do a moratorium, let's take the time to study the sewer I don't have a problem with that. But, I do think there's a lot of issues that it's not a true sewer district. I think there's a lot of misleading information out there to the public that the taxpayers are going to be burdened by upgrades to a system. I don't believe it's true, it's just not, because you're going to burden it, the upgrade or the user is going to have to upgrade it. These are the facts. REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 572 COUNCILMAN VANNESS- Dan, you and I spoke last meeting and we spoke about, you know, and I told you my whole theory was on the sewer thing. MR. VALENTE- Yes. COUNCILMAN VANNESS- I've done some homework. I haven't done everything I want to do yet, but I have done some. There is a way to increase capacity in that Bay Road sewer, absolutely. MR. VALENTE- Absolutely. COUNCILMAN VANNESS- But, but, you can increase capacity on the Bay Road sewer but you're going to reduce capacity in other locations because if you increase it there you've got to take it away from another location. This is what we need to dig into and need to find out. If we do increase this capacity over here, where else are we going to hurt within the upper end here. Now this is the stuff that we need to get into. This isn't the stuff that you can do in a week, or two weeks that we've had. I spoke with Chris Harrington quite a bit about this and quite often. He's getting some other numbers together for me. So, yeah, there is a way to increase it, and as I said, there was things in that report that I didn't like, number two (2) and three (3) manhole, why is there a 2A? Any other report I've seen is one (1), two (2), three (3), four(4), five (5), six (6). MR. VALENTE-Right. COUNCILMAN VANNESS- All the sudden we've got a two-way manhole. That tells me there's got to be a reason if there's a two-way manhole somewhere. MR. VALENTE- It's a patch quilt, you know, network. Listen, I fought, my father fought for it at the onset. It goes back to when Mrs. Walters was the supervisor, it goes back that far. I don't know... COUNCILMAN VANNESS- I remember it well, I lost my job with the Queensbury PD with her. MR. VALENTE-My father really liked her because she was willing to put money into infrastructure and into the community, which brings, you know, good things to the community and a good tax base. Unfortunately, this area wasn't done really in the proper manner, which isn't anybody's fault here. But the capacity is there to handle what we need for quite a while. I'd have to think that you'd agree with that. The system isn't at maximum capacity. If you were near maximum capacity or eighty percent at this point... and it's not going to be for a while. That's my... COUNCILMAN VANNESS- And I understand. You know what? I don't think it's not only on the Bay Road Corridor, we're looking at the same issue over on the Corinth Road Corridor where we have now said we're really not comfortable with allowing any more residential... sewer capacity on Corinth Road because if we do we're going to lose the capacity to bring businesses in. Do we want to lose jobs and lose businesses by giving the capacity to residential at that time? So it's not only the Bay Road corridor, this entire sewer project throughout this entire Town, definitely needs to be reviewed and looked at, whether it's increasing it and making it bigger, or finding a way to make it bigger. I don't know what the answers are yet. I'll use the example as a young board at this point, we're young and we're learning quickly, believe me. MR. VALENTE- Yes. I feel bad for Chris Harrington, to be honest with you. COUNCILMAN VANNESS- I do too, believe me. MR. VALENTE- ...Anyway, like I said...to me I think you need to separate the two because if you're here for a zoning change than that's one thing, if you're here for a sewer moratorium, that's a total... I'm nervous about this whole thing. I really don't want to lose and be burdened with another ten (10)years, or twelve (12) years or twenty (20)years, however long it takes to sell professional offices. I don't feel that should be, you know, dumped on my shoulders at this point. REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 573 COUNCILMAN CLEMENTS- Dan, could you give us some documentation on the capacity that you purchased. MR. VALENTE- Yeah. COUNCILMAN CLEMENTS- I mean, you don't have to do it right now, I mean... MR. VALENTE- Yeah, I can give you everything, absolutely. COUNCILMAN CLEMENTS- I think we ought to have that. MR. VALENTE- Absolutely. I have the whole, we have everything, trust me...copy of the checks. If you feel that strong, you know, like I said everybody wants to be a land...I'd be happy to sell to anyone who wants to them. It is a burden and I don't want to be burdened down with that for another ten (10), fifteen (15) years. I mean, right now if I pro rate out the three (3) lots since 2008, I'm out another sixty (60) years before I get rid of these things. All right, thank you. COUNCILMAN VANNESS- Thank you. SUPERVISOR STROUGH- Thank you. Jim. JIM MACKEY- Two (2) weeks ago, oh by the way, I've got no, I support the moratorium. I've got no skin in that game. As I said two (2) weeks ago, I am very disappointed of the fact that there is lack of a broad plan for the sewer systems in the Town of Queensbury. I know that sounds like Monday morning quarterbacking. On the other hand, this Board's been sitting for over a year and nothing along that line substantial has been done. In fact, I've heard from that table several times not to worry, we have capacity. SUPERVISOR STROUGH- Can you speak into the mic. JIM MACKEY-Not to worry, we have capacity. Several times when John has brought issues up, that's what we've been told. So, I'd like to make a recommendation, the recommendation is that as part of this Resolution you include wording that the Town Board will require a substantial action to begin broad Town wide sewer study is finished in six (6) months, not the rezoning thoughts that you're having but that something positive will be available in six (6) months to be able to look at and see that we're starting a broad plan for the whole place. Otherwise, I'm afraid there's going to several other cases come up where we are restricting growth, again, because of planning in the past. Thank you. COUNCILMAN IRISH- The only thing I would say Jim is that I like your idea of having a Town wide plan but I don't like the idea of tying it to this moratorium. MR. MACKEY- I'm not tying it to the moratorium. I'm saying, forget the moratorium. Within six (6) months... COUNCILMAN IRISH- I mean, I like the way you're going with it. MR. MACKEY- You'll have a plan, something that you can look at. COUNCILMAN IRISH- It sounded like you wanted it made part of this Resolution. MR. MACKEY-No, sir. I'm looking at positive progress on the sewer system. SUPERVISOR STROUGH- Okay, thank you Jim. Anybody else? If there's nobody else, Kathy you can return. KATHLEEN SONNABEND- I'd like to respond to a few things that Mr. Valente said. First of all, I agree, you are not part of the district until you have a sewer district extension. The thing that's different in this case is the fact that the Town purchased, you know, paid all that money for additional capacity so that all that the property owners on Bay Road would be cared for because they knew how REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 574 difficult and expensive it would be to put in sewer. So this is a different situation. Secondly, I haven't been looking at his property so I have no idea what he's doing down there. But, if his concern is he can't do professional offices, which I can understand, maybe the solution is a bigger office building. We talked about something more bigger, the office district doesn't limit him to small professional offices. Also, when he talks about how he purchased sixty-four hundred (6,400) gallons per day of capacity and there still is enough room, he hasn't used that all up, the Cottage Hill property is using five (5)times what they got approved for. They're going to need twenty-nine thousand (29,000) gallons...and I'm sorry I don't have the study with me, but if any of you do, you can look up on table four (4) what they were approved for in the map, plan and report, and it was about twenty percent (20%) of that. So we're talking twenty-four thousand (24,000) extra that they're going to take up. That swamps the five thousand (5,000) or so, six thousand (6,000)that he says he has available under Fairfield. So I think, I sympathize with his problem, every time I drive down Bay Road over the last several years I thought wow, you know, Valente is trying to follow the Code. He's not one of these people that is scheming the system. It's too bad it's not working out for him, but right now hopefully once you guys have a chance to look at my notes and we have this workshop meeting and we talk to MJ you'll all understand what I say in that study. Unless there's something wrong about the study, you don't have enough capacity even for Fowler Square. At this point, as time goes on you're going to find that once Cottage Hill is done and Fowler Square is done and they come for a sewer permit they're going to flunk Chris Harrington's eighty percent (80%)test. This idea of just dealing with the sewer and not construction, well, you can't build buildings without having sewer available on Bay Road because septics don't work in this soil. That was the whole thing going back decades, the Town knew, the town attorneys, real estate attorneys, developers, private citizens. I spent a whole week there going through the documentation, all the Board minutes, going back over twelve (12) years and I saw Doug Irish's name and John Strough's name in the public hearing for the original 2002 map, plan and report and there was a lot of conversation about wow this is so great that we're solving a problem because the last time we wanted to put sewer on Bay Road we got a proposal for like six million dollars ($6,000,000) and it was just unaffordable. I sympathize with Mr. Valente, but there isn't capacity. In fact, we have a problem with any additional capacity beyond what's approved, because what's approved can't even be dealt with. Now you can gain the system a little bit because, as he pointed out, sometimes they don't need all the capacity they get approved for. So for example, if you look at Surrey Fields or Baybridge, they're not using all the capacity that they were approved for, because when you go for approval you have to follow, I think it's called the ten (10) state standard, there's engineering standards. Because they don't know how many people are going to end up living in those homes over a long period of time? Right now in my community, which is a townhouse development, there's about one and a half(1 '/2) people per home. But the homes that occasionally get rented, they have three (3)to six (6) people in them because our homes are two (2) and three (3) bedroom homes. So, obviously you can easily have more than one (1) or two (2) living in those homes. If you plan your sewer system assuming that today's conditions are going to stay the same forever and you're never going to have more people living in them and then it changes, all of the sudden you guys have a problem, and it's not a problem that you can fix quickly overnight. So you can have sewage backing up into people's homes or you can have it backing up at the manholes on Bay Road and have people smelling the smells. I mean it can be a real nightmare. It used to be we thought this was way down the road but the combination of Cottage Hill and Fowler Square have really accelerated and brought it forward and I really look forward to that Workshop being with MJ Engineering because I'd really like to get to the truth of this and stop...I hate talking about this. I've talked about it too many times already. I'm just thrilled that you guys have finally did this study so that now somebody's taking it seriously. I've been talking about this for a couple of years now. So I really, really appreciate this Board. Thank you. SUPERVISOR STROUGH- Thank you. Okay, Dan. DAN VALENTE- I'm going to have to clarify a couple comments that Mrs. Sonnabend just made. When Cottage Hill was approved, yes, initially I purchased sixty-four hundred (6,400) gallons for the back parcel. I purchased sixty-four hundred (6,400) for Fairfield and sixty-four hundred (6,400) for REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 575 the back. At the time, I had no development plans back there for Cottage Hill. In the process of getting that project approved, we had to go through obviously the entire Town process and that includes sitting with the Sewer and Water Department to make sure we had capacity for that development. We determined with the Sewer Department, Chris Harrington was part of that last meeting when I sat there, and we determined the amount of gallon age we needed to buy in excess to complete that project. That amount was set aside for us at that time. We were told it was going to be there for us in excess of what I had originally purchased to make sure that project had what it needed and was able to sustain, the sewers were able to sustain that project. COUNCILMAN IRISH- The one question I would have and it's not specific to your property, but it gives me some concern because the same thing happened to Fowler Square. The map, plan and report, which was submitted to the Town was agreed, the Town agreed and accepted it for twelve thousand (12,000) gallons per day. Their new project, and this doesn't have anything to do with the applicant or you, but their new project is now approved by the Planning Board for forty-four thousand (44,000) gallons a day without ever having talked to...thank you for talking to Chris first, but the Planning Board never talked to anybody before they approved that project, that additional wastewater for that project. So... MR. VALENTE- That concerns ... COUNCILMAN IRISH- Right, exactly, and when Kathleen brings up the initial sixty-four hundred that you had in your map, plan and report and then you go back to the Planning Board and they agree to whatever it is to my mind the Town Board is responsible for what we legally accepted, and then the Planning Board went ahead and they granted more than what we legally accepted in that map, plan and report. Those are the things that concern me and those are the things that I want have time to take a look at and say what's the overall impact here? If we've got capacity that great, but let's make sure we've got the right numbers down so that everybody knows what they are. The Planning Board, Wastewater, Town Board, all on the same page here so when we have new projects coming in front of the Town Board and the Planning Board for any sewer district or extension we're all working off the same plate up here, we know what we're talking about and everybody's on the same page. That's what my concern is. MR. VALENTE-Right, absolutely...Some loss and internally here... COUNCILMAN IRISH- Right. MR. VALENTE- I agree, that would be a major flag for anybody, but I can assure you we didn't do that. We knew what we needed and we sat down with the Sewer Department to determine the numbers for that project. We did that and then the number was set on how much, you know, purchase price was for that and all that jazz. So that was done up front, we were not part of that. COUNCILMAN CLEMENTS- Do you know what that number is above the sixty-four thousand (64,000), sixty-four hundred (6,400)? I'm sorry. MR. VALENTE- I want to say the entire project needed twenty-nine thousand, six hundred (29,600) gallons per day, less the sixty-four hundred (6,400) obviously I had already purchased would be the additional. But I believe the total project is what the number the Sewer Department had settled in on. SUPERVISOR STROUGH- Thank you Dan. MR. VALENTE-Far cry from twelve thousand (12,000)that Fowler Square originally...but nevertheless. SUPERVISOR STROUGH- I don't want the back and forth (Ms. Sonnabend and Mr. Valente speaking to each other in the audience- inaudible). We will have that open Workshop and we'll get mi. REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 576 DOUG AUER- Dan shouldn't have to be whip sawed on this. He didn't know this. This is the inside baseball of this stuff. Your Chris Harrington, maybe he didn't understand this either John... SUPERVISOR STROUGH- I know but Doug, we tape all this. MR. AUER- I know... SUPERVISOR STROUGH- All right, we'll have that Workshop so are we okay then? MR. AUER- We're good. SUPERVISOR STROUGH- Okay. Board Members you'd like to add in terms of thoughts at this time? Okay, I'm going to close the public hearing and is there a motion? RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2015 TO ESTABLISH TEMPORARY MORATORIUM ON RESIDENTIAL MULTIFAMILY CONSTRUCTION WITHIN BAY ROAD OFFICE DISTRICT RESOLUTION NO.: 67,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 1 of 2015 entitled, "A Local Law to Establish a Temporary Moratorium on Residential Multifamily Construction in the Bay Road Office District" which Law shall authorize a temporary, six (6) month moratorium on site plan review and subdivision applications regarding residential multifamily use properties located within the Town of Queensbury's Bay Road Office District through July 26th, 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever date comes first, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, on or about January 22"d 2015 the Warren County Planning Department considered the proposal, determined that it involved local issues without any significant impacts on Warren County properties and therefore recommended no County impact, and WHEREAS, on or about January 27th, 2015, the Queensbury Planning Board considered the proposal and adopted a Resolution whereby it would recommend careful review of projects as currently practiced and develop a plan for sewer expansion in anticipation of future needs versus establishing a moratorium, as well as to meet with the Town Board to review concerns concerning the temporary moratorium, and REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 577 WHEREAS, the Town Board duly held public hearings on Monday, January 26th and Monday, February 911i 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2015 "A Local Law to Establish a Temporary Moratorium on Residential Multifamily Construction in the Bay Road Office District" which Law shall authorize a temporary, six (6) month moratorium on site plan review and subdivision applications regarding residential multifamily use properties located within the Town of Queensbury's Bay Road Office District through August 911i 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor, whichever date comes first, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None LOCAL LAW NO. 1 OF 2015 A LOCAL LAW TO ESTABLISH A TEMPORARY, SIX (6) MONTH MORATORIUM ON RESIDENTIAL MULTIFAMILY CONSTRUCTION IN THE BAY ROAD OFFICE DISTRICT BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. SECTION 1. Title and Authority. The Town of Queensbury hereby enacts a temporary, six (6) month moratorium on residential multifamily construction within the Bay Road Office District. This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as follows: A. Purpose. This moratorium is adopted for at least two (2) reasons. First, a recent engineering study has confirmed that the sewer capacity along Bay Road is limited and that, after current proposed REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 578 approved build-outs occur, further development would likely require costly additional sewer infrastructure investments. Complementing this consideration is the fact that residential uses typically have more demand on sewer capacity than commercial uses. Second, there is concern over the diminishing of the desired commercial development that the town has historically fostered, especially along the Bay Road corridor, and that multifamily uses overly consume properties that would otherwise be used commercially; and there exist studies that demonstrate that commercial uses bring jobs, help reduce taxes and require less in governmental services than residential uses. Therefore, the Town Board has significant concerns regarding the potential impacts of growth and development, particularly as they pertain to sewer capacity, in the Bay Road Office District and believes that this moratorium is necessary in order to allow the Town Board time to study these issues and consider amendment of our Local Laws regulating residential multifamily development in this area. B. Moratorium. The Town of Queensbury hereby imposes a moratorium on site plan review and subdivision applications regarding residential multifamily properties located in the Town of Queensbury's Bay Road Office District through August 911i 2015 or any earlier date that the Town Board adopts an updated Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. This moratorium shall apply to any site plan review and/or subdivision applications which have not been approved by the Town of Queensbury Planning Board prior to the effective date of this Local Law. C. Extensions. This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. D. Termination. This moratorium shall be terminated earlier than August 9t1i 2015 upon enactment of any local legislation which adopts an updated Town of Queensbury Comprehensive Land Use Plan, Zoning Ordinance and Map and/or Subdivision Regulations relating to residential uses in the Bay Road Corridor. SECTION 2. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by law. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLTUIONS ONLY (LIMIT-3 MINUTES) REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 579 JOHN SALVADOR- Spoke to the Board regarding Resolution 3.1 Authorizing and Ratifying Emergency Truck Repairs at Town Highway Department. Questioned how they determined what work needed to be done to this engine. COUNCILMAN IRISH- Explained the process to Mr. Salvador. MR. SALVADOR- With regards to Resolution 3.5, Authorizing Hiring of Catherine Deck as Senior Clerk for Department of Building and Codes enforcement, who is in charge of personnel in this Town? SUPERVISOR STROUGH- Executive Assistant, Victoria LaMarque. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY TRUCK REPAIRS AT TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 68,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Highway Superintendent advised the Town Board that one of the Town's Highway Tandem Trucks (#47) suddenly broke down and it was necessary to repair the Truck under an emergency contract as time did not allow for the obtaining of several quotes, and WHEREAS, the Highway Superintendent has therefore requested that the Town Board ratify such repairs and engagement of the services of Southworth-Milton, Inc., to make such emergency motor repairs for an amount not to exceed $22,500, and WHEREAS, the Town Board hereby determines that such services constituted an emergency procurement needed to best serve the Town's residents and such repairs should have been done as soon as possible, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described procurement, the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes and authorizes, directs and ratifies the Town Highway Superintendent's engagement of Southworth-Milton, Inc., to make emergency motor repairs on Highway Tandem Truck #47 for an amount not to exceed $22,500, as such emergency repairs were needed to best serve the Town's residents and should have been made as soon as possible, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 580 RESOLVED, that the Town Board authorizes and directs that payment shall be made from Vehicle Repair and Maintenance Account No.: 004-5130-4110, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : None RESOLUTION AUTHORIZING LEASE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NATIONAL BUSINESS EQUIPMENT RESOLUTION NO.: 69,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to enter into a Lease Agreement for office equipment with National Business Equipment, and WHEREAS, such proposed Lease Agreement is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Lease Agreement between the Town of Queensbury and National Business Equipment substantially in the form presented at this meeting, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Lease Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES : Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 581 NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEX BANK RESOLUTION NO.: 70,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to enter into an Agreement with WEX Bank regarding the services of a prepaid card program primarily for its seasonal, part-time employees, and WHEREAS, such proposed "Rapid! Paycard Program Corporate Prepaid Card Program Agreement' is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the "Rapid! Paycard Program Corporate Prepaid Card Program Agreement' with WEX Bank substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement and any other necessary documentation and authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND DIRECT ENERGY BUSINESS MARKETING, LLC DB/A DIRECT ENERGY BUSINESS FOR POWER SALE -NATURAL GAS- THROUGH MEGA PROGRAM RESOLUTION NO.: 71,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 582 SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 227.2013, the Queensbury Town Board authorized an Agreement between the Town of Queensbury and Hess Corporation through the Municipal Electric & Gas Alliance (MEGA) Program in an effort to reduce natural gas costs, and WHEREAS, the Town wishes to again enter into an Agreement through the MEGA Program with Direct Energy Business Marketing, LLC d/b/a Direct Energy Business commencing June 1, 2015 through May 31, 2017 in a continuing effort to reduce energy costs, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town of Queensbury and Direct Energy Business Marketing, LLC d/b/a Direct Energy Business commencing June 1, 2015 through May 31, 2017, substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Water Superintendent/ Director of Wastewater to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : None RESOLUTION AUTHORIZING HIRING OF CATHERINE DECK AS SENIOR CLERK FOR DEPARTMENT OF BUILDING AND CODES ENFORCEMENT RESOLUTION NO.: 72,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has advised the Town Board that there is a vacant, Senior Clerk position in the Department as a result of a recent transfer, and REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 583 WHEREAS, the Director posted availability for the position, reviewed the current Warren County Civil Service List for the position, reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the provisional employment of Catherine Deck as Senior Clerk as Ms. Deck meets the requirements for the position and is listed as a valid candidate on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Catherine Deck as a full-time Senior Clerk in the Town's Department of Building and Codes Enforcement effective on or about February 23rd, 2015 subject to Ms. Deck's passing of a pre- employment physical as required by Town Policy, completion of an eight (8) month probationary period and any other applicable Civil Service requirements, 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 Ms. Deck shall be paid the hourly rate of pay for the Senior Clerk 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, Director of Building and Codes Enforcement and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME COURT ACTION TO ENFORCE CODE AGAINST NON-COMPLIANT PROPERTY RESOLUTION NO.: 73,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 584 WHEREAS, Terry A. Bell is believed to be the owner of property located 42 Oak Tree Circle in the Town of Queensbury which is improved with a principal dwelling, and WHEREAS, several Court actions concerning this property have been commenced by Bank of America, NA, and WHEREAS, the structure at the property is not being maintained in accordance with Town Code and State Property Maintenance Code requirements, and WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) does not know the whereabouts of Mr. Bell, but has been in contact with a property maintenance company which is believed to be the agent for Bank of America, NA and has been performing minor maintenance activities at the property, and WHEREAS, due to failure to adequately maintain the property, the roof of the structure has deteriorated, gutters have clogged and broken, becoming ineffective, and wood trimming has become exposed to the elements; and WHEREAS, despite reasonable efforts to bring about voluntary compliance, the property remains in a condition which violates the Town Code and State Property Maintenance Codes, and WHEREAS, the Town is authorized to enforce State Property Maintenance Codes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes commencement of a Supreme Court Action to compel compliance with any and all applicable Town Code and State Code provisions together with a request for costs and expenses associated with litigation, and BE IT FURTHER RESOLVED, that the Supreme Court Action may be commenced against any and all persons believed to have any legal interest in the property and/or any obligation to remedy the violations, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town's Budget Officer to arrange for payment of any Court and/or litigation costs related to this matter from the account(s) deemed to be appropriate by the Budget Officer, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs Town Counsel to file any necessary documentation to commence such Court action and the Town Supervisor, Town Counsel, Director of Building and Codes Enforcement and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES : Mr. VanNess, Mr. Strough, Mr. Clements, Mr. Irish REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 585 NOES : None ABSENT : None ABSTAIN: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON BAY RIDGE VOLUNTEER FIRE COMPANY, INC.'S PROPOSED 2016- 2020 FIRE PROTECTION SERVICES AGREEMENT AND PROPOSAL TO PURCHASE ENGINE RESCUE FIRE APPARATUS AND USE TAX-EXEMPT FINANCING FOR SUCH PURCHASE RESOLUTION NO.: 74,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a new Engine Rescue Fire Apparatus (Truck) to replace its KME Engine Rescue Fire Apparatus, as previously recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $700,000, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, proceeds from the sales of the Fire Company's replaced apparatus would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward other Fire Company debt; and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with the new Truck, and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse located at 1080 Bay Road in the Town of Queensbury, New York, and REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 586 WHEREAS, the Fire Company plans on paying for the proposed, new Truck by approximately $700,000 maximum amount of tax-exempt financing(having a 10 year term)with The Adirondack Trust Company, and WHEREAS, the Town Board wishes to set a public hearing concerning the Fire Company's proposed purchase, as Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, the Fire Company's current Agreement with the Town will expire as of December 31St, 2015 and the Town Board and Fire Company have negotiated terms for a new 2016-2020 fire protection services Agreement and therefore the Town Board also wishes to set a public hearing concerning such new, proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning Bay Ridge Volunteer Fire Co., Inc.'s proposed Truck purchase delineated in the preambles of this Resolution and the financing of such proposed purchase using tax-exempt financing, as well as the Fire Company's proposed 2016-2020 Agreement with the Town for fire protection services, on Monday, March 9th 2015 at 7:00 p.m., and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 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.: 75,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 587 WHEREAS, by Resolution No.: 345, 2014, the Queensbury Town Board authorized submission of an application for a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements, such improvements including the acquisition of the following equipment: 1) a Multimedia Projector for use in Courtroom; 2) an Intercom system for the inmate/attorney conference room; and 3) new desks for Court office for the total price of$7,023.37, and WHEREAS, the grant application was submitted and the Town has been awarded a grant in the amount of$4,550, and WHEREAS, the Town Board wishes to accept such $4,550 in grant funds, establish appropriations and estimated revenues for such grant award, and authorize $2,474 in appropriations toward the remaining balance of the equipment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $4,550 in grant funds from the New York State Office of Court Administration (OCA) as set forth in the preambles above and authorizes and directs the Town Supervisor to execute any needed grant acceptance form and/or any other associated documentation, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby establishes appropriations and estimated revenues in the amount of$4,550 for such grant funds as follows: • Increase Appropriation 001-1110-2010 Town Justice Office Equipment by $4,550; • Increase Revenue 001-0000-53021 State Aid, Court Facilities by $4,550; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the allocation of$2,474 in funds towards the acquisition of the above-described equipment to be paid from Account No.: 001-1110-2010, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer $2,474 from Contingency Account No.: 001-1990-4400 to Account No.: 001- 1110-2010 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 REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 588 Court Clerks and/or Town Budget Officer to take all other action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : None RESOLUTION AUTHORIZING A PROCEDURE TO NOTIFY EMPLOYEES OF RETURN TO WORK PHYSICALS RESOLUTION NO.: 76, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, the Town of Queensbury wishes to help ensure the safety of its employees returning to work from a doctor-ordered leave related to a workers' compensation injury or disability leave, and WHEREAS, subsequent and/or successive injuries are more likely to occur when employees prematurely return to work following such leave, and WHEREAS, employees' physicians are not always aware of the job functions essential to performance of employees' job duties, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes creation of a procedure to be implemented where appropriate, which puts employees and their physicians on notice when return to work physicals will be required prior to an employee's return to work following injury and/or disability, and BE IT FURTHER, RESOLVED, that where such return to work physicals are required by the Town, the Town may put the employee on notice by sending a letter to the employee, sending a letter to the employee's treating physician and/or by some other means to help bring about coordination between the Town, the employee and the employee's physician. Duly adopted this 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 589 AB SENT : None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF FEBRUARY 10', 2015 RESOLUTION NO.: 77,2015 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 February 5th 2015 and a payment date of February l Oth 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of February 5th 2015 and a payment date of February 10th, 2015 totaling $455,369.22, 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 9th day of February, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 4.0 CORRESPONDENCE- DEPUTY TOWN CLERK, MELLON- The Supervisor's Report for Community Development/Building and Codes for the month of January is on file in the Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES) JOHN SALVADOR- Spoke regarding a letter he submitted to the Town Board concerning jurisdiction on navigable waters. DAVID JUDKINS- Spoke regarding Just Beverage and possible wording to address the concept of adding water extraction to the existing Code; assuming they go ahead with submitting an application to continue with the project. REGULAR TOWN BOARD MEETING, 02-09-2015, MTG#5 590 JIM MACKEY- Questioned why the Agenda and packet for tonight's meeting was not on- line? DEPUTY TOWN CLERK, MELLON- Explained that it did not get posted because the program was not working. JOHN SALVADOR- Spoke regarding taxes on lake front properties. DAVID JUDKINS- Explained that there are numerous concerns associated with the Just Beverage Project. The heavy truck traffic, especially at a high risk intersection is a worry, as well as the possible effects on the wells of residence; hydrologists suggest this may have a very significant impact on us. There is also no spill plan in place. He asked that everyone take a step back and put this into real terms, how it's affecting the Town; how it's going to affect the people who live up there, what's the risk to the Town and make sure that people know that we are doing our due diligence. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV)-Nothing to report. COUNCILMAN IRISH (WARD III)-Nothing to report. COUNCILMAN CLEMENTS (WARD II)-Nothing to report. COUNCILMAN METIVIER(WARD I)-Extended his condolences to John Salvador on the passing of his brother. SUPERVISOR STROUGH- • Reviewed the Supervisor's Monthly Report for Building and Codes. • Thanked Look TV, Joe Barlow and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 78, 2015 INTRODUCED BY: Mr. Doug Irish 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 9th day of February, 2015, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury