2015-03-09 MTG 9 REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 618
REGULAR TOWN BOARD MEETING MTG#9
MARCH 9, 2015 BOH RES #34
7:15 P.M. RES # 101-113
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN BOARD MEMBER ABSENT
COUNCILMAN BRIAN CLEMENTS
TOWN COUNSEL
ROBERT HAFNER
TOWN OFFICIALS
CHRIS HARRINGTON, Water Superintendent &Director of Wastewater
PRESS
LOOK TV
POST STAR
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS
SUPERVISOR STROUGH called meeting to order...
SUPERVISOR STROUGH-Introduced Queensbury Senior Citizens, Inc. President Jeanne Rano
and her husband, Tony Rano, the Treasurer and read the following proclamation into the record:
PROCLAMATION
WHEREAS, Queensbury Senior Citizens has endeavored to enhance the
well-being and community involvement of area members over the age of 55, and promote
the concept of aging well by building strong relationships with area businesses and
organizations to offer a variety of activities and programs, and
WHEREAS, The volunteers and staff of Queensbury Senior Citizens have
provided the aforementioned services to all residents of the Town of Queensbury for the
past 35 years, and
WHEREAS, The organization, which numbers 1170 members, continues to
provide programs, workshops, travel and recreational activities for our seniors, and
WHEREAS, In addition to providing fellowship, a variety of activities and travel
to our members, Queensbury Seniors give an annual school scholarship to a deserving
high school senior, donate hand-knitted items to the Glens Falls Hospital Snuggery and
Westmount Health Facility, and work with local organizations and other service oriented
community organizations serving Warren and Washington County, and
WHEREAS, The members of Queensbury Senior Citizens provide a valuable
service to the senior residents of the Town of Queensbury and to the region at large, and
WHEREAS, Queensbury Senior Citizens celebrates 35 years of existence on
March 7, 2015, and
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 619
NOW, THEREFORE, The Queensbury Town Board, on behalf of all its
citizens, hereby dedicates the month of March 2015 as a time of recognition and honor
for the many accomplishments of Queensbury Senior Citizens, Inc.
GIVEN under the SEAL of the Town of Queensbury this 6t''day of March,2015
JOHN F. STROUGH ANTHONY METIVIER BRIAN CLEMENTS
DOUG IRISH WILLIAM VANNESS
1.0 QUEENSBURY BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 101, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular
Session and enters as the Queensbury Board of Health.
Duly adopted this 9th day of March, 2015 by the following vote:
AYES: Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: Mr. Clements
PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF
ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC/GARY ZERAS, JR.
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 27, 2015
SUPERVISOR STROUGH reviewed background of variance application.
AGENTS FOR THE APPLICANT, STEFANIE D. BITTER, ESQ. AND DEVIN DICKINSON,
PE reviewed proposed variance for the applicant outlining the specifications.
SUPERVISOR STROUGH opened Public Hearing to the public for comment.
NO ONE SPOKE
PUBLIC HEARING CLOSED
RESOLUTION APPROVING ADIRONDACK MOUNTAIN RIDGE
ESTATES, LLC'S APPLICATION FOR
SANITARY SEWAGE DISPOSAL VARIANCES
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 620
RESOLUTION NO.: BOH 3,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, Adirondack Mountain Ridge Estates, LLC filed an application for variances
from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to
place a new well:
1. 71' from an adjoining leach field in lieu of the required 100' setback; and
2. 80.3' from the leach bed on the project parcel in lieu of the required 100' setback;
on property located at 85 Hanneford Road in the Town of Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's
official newspaper and the Local Board of Health duly conducted a public hearing concerning the
variance requests on Monday, March 911i 2015, and
WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners
within 500 feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED, that
1. due to the nature of the variances, the Local Board of Health determines that the
variances would not be materially detrimental to the purposes and objectives of this
Ordinance or other adjoining properties nor otherwise conflict with the purpose and
objectives of any Town plan or policy; and
2. the Local Board of Health finds that the granting of the variances is necessary for the
reasonable use of the land and is the minimum variances which would alleviate the
specific unnecessary hardship found by the Local Board of Health to affect the
applicant; and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Adirondack
Mountain Ridge Estates for variances from the Sewage Disposal Ordinance to place the new well:
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 621
1. 71' from an adjoining leach field in lieu of the required 100' setback; and
2. 80.3' from the leach bed on the project parcel in lieu of the required 100' setback;
on property located at 85 Hanneford Road in the Town of Queensbury and bearing Tax Map No.:
227.18-1-30 and 31.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Clements
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 4,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular
Session of the Town Board of the Town of Queensbury.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Clements
2.0 PUBLIC HEARING
PUBLIC HEARING ON BAY RIDGE VOL. FIRE COMPANY INC.'S PROPOSAL TO
PURCHASE ENGINE RESCUE FIRE APPARATUS AND AUTHORIZING
INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE AND
PROPOSED 2016-2020 FIRE PROTECTION SERVICES AGREEMENT
NOTICE SHOWN
PUBLICATION DATE: FEBRUARY 13, 2015
SUPERVISOR STROUGH gave overview of proposed purchase. Opened Public Hearing to the
public for comment.
NO ONE FROM PUBLIC SPOKE
SUPERVISOR STROUGH-Town Board, do you have any questions for the Fire Company on
this?
COUNCILMAN IRISH-No, I think they did a good job on this; they came in and presented it.
COUNCILMAN METIVIER-They did, they did a great job.
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 622
COUNCILMAN VANNESS-I have to agree with Doug, they did a nice job coming in, I mean
we asked them to hold off a little bit so that they could work it into their budget. They went back
to work on it which they did and they held off and I know I appreciate that by all means.
SUPERVISOR STROUGH-Yes, I do too. So do I hear a motion?
TOWN CLERK BARBER-Are you going to close the public hearing?
SUPERVISOR STROUGH-Oh, I will close the public hearing, thank you Caroline.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY,
INC.'S PROPOSAL TO PURCHASE ENGINE RESCUE FIRE APPARATUS
AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT
FOR SUCH PURCHASE AND PROPOSED 2016-2020
FIRE PROTECTION SERVICES AGREEMENT
RESOLUTION NO.: 102, 2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
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 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
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 623
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
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, 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
WHEREAS, on Monday, March 9t1i 2015, the Town Board held a public hearing
concerning the Fire Company's proposed purchase and tax-exempt financing as required by the
Fire Company's Agreement with the Town and the Internal Revenue Code, and the proposed
new 2016-2020 fire protection services Agreement and heard all interested persons, and
WHEREAS, the Town Board believes that this new Truck will provide additional safety
protection for the Town while eliminating an aging apparatus from the Fire Company's fleet and
wishes to abide by the recommendations of MMA Consulting Group, Inc., and
WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such
Truck purchase and the Fire Company's corresponding incurrence of tax-exempt debt, and the
new 2016-2020 fire protection services Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge
Volunteer Fire Company, Inc.'s proposal to purchase a new Engine Rescue Fire Apparatus
(Truck) to replace its KME Engine Rescue Fire Apparatus as set forth in the preambles of this
Resolution for an amount 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
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 624
RESOLVED, that the Town Board further approves of the Fire Company's incurrence of
approximately $700,000 maximum amount in debt for such purchase with the understanding that
the Town Board is relying upon the Fire Company's assurance that the Truck is serviceable and
suitable for its long-term intended use, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury does not guarantee such debt with the
financial institution on behalf of the Fire Company nor does the Town Board create or intend to
create any assumption on the part of the Town of Queensbury of any obligation or liability for
the financing, and
BE IT FURTHER,
RESOLVED, that the Town Board, on behalf of the Fire Protection District, hereby
approves the Fire Protection Service Agreement between the Town and the Fire Company for the
years 2016-2020 substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Agreement and the Town Supervisor and/or Budget Officer to take such other and further
action necessary to effectuate the terms of this Resolution.
Duly adopted this 9th day of March, 2015 by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish
NOES None
ABSENT: Mr. Clements
SUPERVISOR STROUGH reviewed proposed resolutions with the public.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY
JOHN SALVADOR-Referred to Resolution 4.10, `Resolution Approving Empire State Towing and
Recovery Association's Application for Proposed Transient Merchant/Transient Merchant Market
at Great Escape Theme Park' and questioned the length of their market license?
SUPERVISOR STROUGH-Noted that the market license is for three(3) days.
MR. SALVADOR-Referred to Resolution 4.1, `Resolution Authorizing Increase in Occupancy Tax
Account' and questioned how will the increase in forty thousand dollars ($40,000.00) occupancy
tax affect the town budget?
SUPERVISOR STROUGH-Noted that it does not affect the budget, we only spend what's in there.
Currently we have fifty-six thousand dollars ($56,000.00) in our occupancy tax budget however the
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 625
County will be giving us another check sometime in May and we will allocate that in June. We will
probably meet in April to see whose requested occupancy tax funding and allocate it how the Town
Board sees fit at that time. We expect that amount to be between a hundred and twenty (120) and a
hundred and twenty-five thousand dollars ($125,000.00) so you add that to this and you will have
about one hundred seventy thousand dollars($170,000.00).
COUNCILMAN VANNESS-Noted that the Town Board put together a comprehensive extensive
application to those that are requesting that funding to fill out and show that they are going to bring
income to the town, in sales and promotion.
MR. SALVADOR-Referred to Resolution 4.7, `Resolution Authorizing Hudson Avenue Sewer
Improvement Agreement Between Town of Queensbury and City of Glens Falls' and questioned
who is paying for this improvement?
SUPERVISOR STROUGH-The town is paying for it out of the general fund.
MR. SALVADOR-Why don't they put the money upfront?
SUPERVISOR STROUGH-They haven't been established yet.
TOWN COUNSEL HAFNER-The Carey Road Sewer District cannot be created until we have
ability to send the sewer down, this is one of things that we have to do to satisfy the City so that we
can create the district.
TOWN BOARD held discussion regarding the benefits to the Town of Queensbury and the Main
Street corridor with the proposed Carey Road Sewer District.
KEVIN QUINN-Spoke regarding the bed tax money being used to promote people to come to
town, the transient merchant market license doing the same and recommended that the town
consider revising the fees involving the transient merchant market license. Spoke regarding the lake
improvement benefit taxes to property owners and stated that the town should supplement to some
extent the cleanup of these lakes.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING INCREASE IN
OCCUPANCY TAX ACCOUNT
RESOLUTION NO.: 103, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury recently received $40,000 in occupancy tax revenues
from Warren County in addition to $16,000 in occupancy tax revenues currently remaining in the
Town's accounts, and
WHEREAS, the Queensbury Town Board therefore wishes to authorize an increase of
appropriations in Occupancy Tax Account No.: 050-6410-4412 by $56,000 and increasing the
revenue coded 050-0000-51113 Occupancy Tax by $40,000,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 626
RESOLVED, that the Queensbury Town Board hereby authorizes an increase of
appropriations in Occupancy Tax Account No.: 050-6410-4412 by $56,000 and increasing the
revenue coded 050-0000-51113 Occupancy Tax by $40,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the 2015 Town Budget, make any adjustments, budget amendments, transfers
or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer
to take such other and further action as may be necessary to effectuate all terms of this
Resolution.
Duly adopted this 9th day of March, 2015 by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES : None
ABSENT: Mr. Clements
RESOLUTION AMENDING RESOLUTION NO.: 81, 2015 REGARDING
APPOINTMENT OF PERSONS TO NORTH QUEENSBURY
WASTEWATER DISPOSAL DISTRICT NO. 1 ADVISORY BOARD
RESOLUTION NO.: 104, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 81, 2015 the Queensbury Town Board appointed persons
to the North Queensbury Wastewater Disposal District No. 1 Advisory Board, and
WHEREAS, the Town Board wishes to also appoint Cynthia Didio to such Board and
amend Resolution No.: 81, 2015 accordingly,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 81, 2015 to
include that Cynthia Didio is also appointed to the North Queensbury Wastewater Disposal District
No. 1 Advisory Board, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 81, 2015 in
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 627
all other respects.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Clements
RESOLUTION APPOINTING FRANCIS CABANA TO
TOWN OF QUEENSBURY RECREATION COMMISSION
RESOLUTION NO.: 105,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury previously established the Town of Queensbury
Recreation Commission in accordance with applicable New York State law, and
WHEREAS, a vacancy exists on the Recreation Commission, and
WHEREAS, the Recreation Commission considered and interviewed candidates and
recommends the appointment of Francis Cabana, and
WHEREAS, the Town Board wishes to appoint Francis Cabana to the Recreation
Commission,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Francis Cabana to the
Town of Queensbury Recreation Commission with his term to expire on December 31St, 2021.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT : Mr. Clements
RESOLUTION AUTHORIZING UPGRADE AND PURCHASE OF
LASERFICHE LICENSES
RESOLUTION NO.: 106, 2015
INTRODUCED BY: Mr. Doug Irish
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 628
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, by Resolution No.: 277, 2011, the Queensbury Town Board authorized the
purchase of laserfiche and workstation upgrades, and
WHEREAS, by Resolution No.: 397, 2014, the Town Board authorized the establishment
of the Information Technology Capital Project and Information Technology Capital Project Fund
#205 providing for multi-year information technology (IT) purchases, upgrades, equipment
replacements, etc., and
WHEREAS, the Town Board wishes to upgrade/increase its Laserfiche user licenses from
10 to 25 to allow its employees and the general public improved access to Town Documents, and
WHEREAS, a proposed Change Order from General Code for the Town's Laserfiche
Standard Public Portal is presented at this meeting, with the cost for the proposed Laserfiche
upgrade not to exceed $15,950,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes "CHANGE ORDER
#QU1252 03022015 LASERFICHE AVANTE SYSTEM — ADDITIONAL PRODUCT OR
SERVICES" from General Code, thereby upgrading and increasing the Town's number of user
licenses from 10 to 25 as presented at this meeting, with the cost for the proposed Laserfiche
upgrade not to exceed $15,950, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment shall be
from Capital Project #205 - Account No.: 205-1680-2032, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this
Resolution.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 629
ABSENT: Mr. Clements
RESOLUTION TO AMEND 2015 BUDGET
RESOLUTION NO.: 107, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2015 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
Increase Revenue
001-0000-52680 Insurance Recovery 164.40
Increase Appropriation
001-7110-4110 Vehicle Repairs 164.40
Increase Revenue
001-0000-52680 Insurance Recovery 716.25
Increase Appropriation
001-7110-4110 Vehicle Repairs 716.25
Duly adopted this 9th day of March, 2015 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT : Mr. Clements
RESOLUTION AUTHORIZING HUDSON AVENUE SEWER
IMPROVEMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY
AND CITY OF GLENS FALLS
RESOLUTION NO.: 108, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 630
WHEREAS, the City of Glens Falls ("City") owns certain sewer mains located on Broad
Street in the City of Glens Falls which sewer mains service the City and the Town of Queensbury
("Town"), and
WHEREAS, the Town wishes to promote development in the vicinity of Carey Road by
establishing the Carey Road Sewer District ("Carey Road Development") located within the Town
which Carey Road Development would discharge wastewater to the City's sewer mains and result
in increased wastewater flows, and
WHEREAS, the City and Town have negotiated terms for an Agreement whereby they
would agree to work in conjunction to effectuate the needed upgrades to the City's Hudson Avenue
sewer main to accommodate increased flows from the Carey Road Development which Agreement
would benefit both communities and be in the best interests of the respective municipalities,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes a Hudson
Avenue Sewer Improvement Agreement as generally set forth in this Resolution in form to be
acceptable to the Town Supervisor, Wastewater Director and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
such Agreement and the Town Supervisor, Wastewater Director, Town Budget Officer and/or
Town Counsel to take such other and further action necessary to effectuate the terms of this
Resolution and Agreement.
Duly adopted this 9th day of March, 2015 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Clements
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF MARCH 10TH, 2015
RESOLUTION NO.: 109,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 631
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of March 5th 2015 and a payment date of March l Oth 2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of March 5th 2015 and a payment date of March 10th, 2015 totaling $446,974.75, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Budget Officer to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Clements
RESOLUTION AUTHORIZING HIRING OF DENNIS DICKINSON AND
JEFF BRUCE AS FULL-TIME MOTOR EQUIPMENT OPERATORS
FOR TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 110,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town
Board that due to one recent retirement and one impending retirement, there are two vacancies in
the full-time Motor Equipment Operator(MEO)position in the Highway Department, and
WHEREAS, the Highway Superintendent posted availability for the positions, reviewed
resumes and has recommended that the Town Board authorize the hiring of current, temporary
MEO's Dennis Dickinson and Jeff Bruce in the full-time position(s),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Dennis Dickinson and Jeff Bruce as full-time Motor Equipment Operators (MEO) in the Town's
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 632
Highway Department effective on or about March 10th, 2015 subject to their successful passing of a
pre-employment physical as required by Town Policy and completion of an eight (8) month
probationary period, and contingent upon the Town successfully completing background checks as
reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol
screening, and
BE IT FURTHER,
RESOLVED, that Messrs. Dickinson and Bruce shall be paid at the hourly rate of pay for
the MEO position as delineated in the Town's current Agreement with the Civil Service Employees
Association, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Highway Superintendent and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 9th day of March, 2015 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Clements
RESOLUTION APPROVING EMPIRE STATE TOWING AND RECOVERY
ASSOCIATION'S APPLICATION FOR PROPOSED
TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET
AT GREAT ESCAPE THEME PARK
RESOLUTION NO.: 111,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Empire State Towing and Recovery Association has submitted an
application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market
License to conduct a transient merchant market from May 29th through May 31St, 2015 for the sale
of flatbed trucks and trailers, truck parts, towing items and other items at the Great Escape Theme
Park, Lot 1, State Route 9, Queensbury in accordance with the provisions of Town Code Chapter
160, and
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 633
WHEREAS, the application is for a transient merchant market at the Great Escape Theme
Park and while the Town Board may refer this to the Planning Board for review, the Great Escape
Theme Park has already gone through site plan review for various projects before the Queensbury
Planning Board, so the Town Board does not deem it necessary to refer this application to the
Planning Board for site plan review,
NOW, THEREFORE, BE IT
RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code
§160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant
Market License to the Empire State Towing and Recovery Association (Empire) to conduct a
transient merchant market for the sale of flatbed trucks and trailers, truck parts, towing items and
other items at the Great Escape Theme Park, Lot 1, State Route 9 Queensbury, subject to the
following:
1. Empire must pay all fees as required by Town Code Chapter 160;
2. Empire must submit a bond in the amount of$10,000 as required by Chapter 160;
3. Empire 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 May 29th through May 31St, 2015 from 2:00-6:00
p.m. on May 29th; from 9:00 a.m. to 5:00 p.m. on May 301h; and from 9:00 a.m. to 3:00
p.m. on May 31St, and the license shall expire immediately thereafter;
5. The Transient Merchant License shall not be assignable; and
6. Empire must comply with all regulations specified in Town Code §160-8.
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Clements
TOWN COUNSEL HAFNER led the Town Board through the following document:
PART 2—IMPACT ASSESSMENT
1. Will the proposed action create a material conflict with an adopted land use plan or
zoning regulation? No
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 634
2. Will the proposed action result in a change in the use or intensity of use of land? No
3. Will the proposed action impair the character or quality of the existing community? No
4. Will the proposed action have an impact on the environmental characteristics that caused
the establishment of a Critical Environmental Area (CEA)? No
5. Will the proposed actin result in an adverse change in the existing level of traffic or affect
existing infrastructure for mass transit, biking or walkway? No
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities? No
7. Will the proposed action impact existing: a. public/private water supplies? No
B. public/private wastewater treatment utilities? No
8. Will the proposed action impair the character or quality of important historic,
archaeological, architectural or aesthetic resources? No
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)? No
10. Will the proposed action result in an increase in the potential for erosion, flooding or
drainage problems? No
11. Will the proposed action create a hazard to environmental resources or human health? No
TOWN COUNSEL HAFNER read the following revision to the proposed resolution:
RESOLVED, that the Queensbury Town Board reviewed SEQRA and determines that there shall
be a Negative Declaration.
RESOLUTION AUTHORIZING ENGAGEMENT OF ALLIED
BIOLOGICAL FOR PROVISION OF HERBICIDE TREATMENT FOR
CONTROL OF EURASIAN WATER MILFOIL AND ILLINOIS
PONDWEED IN CONNECTION WITH THE AQUATIC VEGETATION
MANAGEMENT PROGRAM FOR GLEN LAKE IN 2015
RESOLUTION NO.: 112, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final
Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District,
and
WHEREAS, by Resolution No.: 327, 2014, the Town Board adopted the Glen Lake Aquatic
Plant Growth Control District Benefit Tax Roll for 2015, and
WHEREAS, by Resolution No.: 113, 2014, the Town Board authorized engagement of
Allied Biological for the Aquatic Vegetation Management Program for Glen Lake in 2014, which
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Program provided for Allied Biological's herbicide treatment for control of Eurasian water milfoil
and Illinois pondweed within portions of Glen Lake, and
WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town
Board considering the reasonableness of the fee, it may engage a particular professional which was
previously used with the Project without soliciting multiple vendors, and
WHEREAS, the Town Board therefore wishes to engage the services of Allied Biological
for an Aquatic Vegetation Management Program for Glen Lake in 2015 in accordance with Allied
Biological's January 26, 2015 proposal presented at this meeting, and
WHEREAS, the Town will adhere to all New York State Law bidding requirements, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board reviewed SEQRA and determines that there
shall be a Negative Declaration, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Allied
Biological for an Aquatic Vegetation Management Program for Glen Lake in 2015, such Program
to provide for herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within
portions of Glen Lake, in accordance with Allied Biological's January 26, 2015 proposal presented
at this meeting, up to a total cost of $34,630, which includes Allied's administration of the
Aquathol-Super K treatment at $995 per acre (with a maximum of 30 acres), permitting fees of
$1,050 and the Aquatic Macrophyte Survey for $3,730.00, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay
expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-
8790-4400 not to exceed $34,630 and/or take any actions necessary to provide for such payment,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town
Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 636
Duly adopted this 9th day of March, 2015, by the following vote:
AYES Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: Mr. Clements
5. CORRESPONDENCE—NONE
6. PRIVILEGE OF THE FLOOR
RON BALL-Referred to the Rush Pond hiking trail and noted that he enjoys the trail as is but he
does not agree with the Supervisor's proposed finishes to the trail.
GEORGE WINTERS, 4 John Clendon Road-Referred to the upcoming elections and recommended
doing away with the political signs. Questioned whether the Home Depot mall was reassessed?
SUPERVISOR STROUGH-Yes everything did, thirteen thousand(13,000)parcels.
HARRISON FREER, 48 Garrison Road-Announced to the Town Board and community that there
will be a Team Scrabble Challenge in recognition of Adult Literacy on May 7th from 5:30 to 8:30
p.m. at the Towers, top floor of the Travelers Building. We are trying to get various municipalities
to get their board members and staff to create an eight (8) person team for dinner and a scrabble
challenge against some corporate entities and other municipalities. We hope that you will join us,
support us and we will have more information and details to follow.
JOHN SALVADOR-Questioned whether the Town has made any payments on the force main
bypass work?
COUNCILMAN METIVIER-Noted that he spoke to Joanne Watkins from our Accounting
Department after the last meeting and she confirmed that some payments have been made but not a
lot of them.
MR. SALVADOR-Noted his concern with the overall project, stating there will be dewatering
issues causing extra monies and that the town has no oversight. Questioned whether he could have
a progress session?
SUPERVISOR STROUGH-I will get you a progress report.
MR. SALVADOR-I maintain that that whole project is a waste of money. The City has gotten a
five million dollar ($5,000,000.00) loan to sewer Ridge Road, doing the same thing on Ridge Road
that they are doing on Main Street and we should be a part of that whereby we could pump our
wastewater from Meadowbrook directly into Ridge and abandon this line and save ourselves a
million dollars($1,000,000.00).
SUPERVISOR STROUGH-I don't consider it to be a waste of money. We have a PE as our
Superintendent of Water and Wastewater, his knowledge is very extensive in this area and I trust
when he says he feels that we need something to insure the integrity of the system, I believe him.
COUNCILMAN VANNESS-Chris would you please give us your credentials?
CHRIS HARRINGTON, Water Superintendent &Director of Wastewater-I am a professional
engineer; I have been doing this for close to twenty-five years. I have a DOH IA Certification
water plant operator's license so I am one of the few in the State of New York that actually has a PE
and has a IA license. I got my PE down in New York City putting in sewers, dug slurry walls; I
worked with twelve (12) foot diameter tunnels. I have a varied background working for
municipalities, contractors and specialty contractors. The sewer bypass job is needed. Mr. Salvador
states several inaccuracies; one of them is the fact that we never had a problem with that line. It is
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true; we've had two issues with that line, in 1999 when a contractor hit the force main. Back in
1999 our flows were very low; I think about four hundred thousand(400,000)gallons a day.
Meadowbrook Road pump station can do one point two million(1,200,000)gallons. In the
summertime we are close to eight hundred thousand (800,000)gallons. Back in 2006 under Mike
Shaw, one thousand(1,000) linear feet of pipe was replaced, that cost four hundred thousand dollars
($400,000.00). It had to be done under an emergency, time and material. Again, this project is
done for redundancy, the district had no tax and I felt it was a good time to do other upgrades along
with the pump-outs. As to the dewatering issue, he sees the pumps running, there's a lot of water
there. The contractor knew there was water there, it's all in the project, it's on them, and we are not
going to spend an extra nickel for dewatering. It is part of the bid documents that Mr. Salvador
reviewed when he came to my office four(4)to five (5) months ago. This is for redundancy. The
water treatment plant I have put unbelievable redundancy in the past ten(10) years I have been
there. We put a backup water line to the twenty-four inch(24") line last year. Not one word was
said about that. I have to live with this system. You gentlemen are part time, I am staff, and I am
responsible for these systems. I like backups; I will put in backups because I do not like to fly by
the seat of my pants. Mr. Salvador talks about Ridge Road, that section he is talking about is a very
small pipe, there is no large sewer going down Ridge. There is a large sewer going down Glen,
there's a large sewer going down Bay, on Ridge Road there's a bunch of small pipes and that
sewage ends up in the Webster Avenue pump station. It doesn't go all the way down to the
treatment plant. It is something we have looked at, and it won't work. The job has slowed down,
the winter has been brutal, they tried. They were given a time extension. The time extension has
been approved by me and is going to end sometime in May.
SUPERVISOR STROUGH-Thanked Chris for his clarification and for his help with the Broad
Street Betterment Program.
MR. SALVADOR-Referred to memo dated September 25th of last year received from Chris
Harrington in response to a FOIL request that he submitted that lists that there were two (2)
emergency repairs to the Bay Road Sewer force main. One(1)totals about twenty-five thousand
dollars($25,000.00), June 26, 2006. The second one(1)totals about twenty-two thousand dollars
($22,000.00) and those are the emergency repairs that we are trying to preclude getting into. There
is a third item on the memo, Bay Street Force Main replacement project done in August of 2007 for
three hundred and forty-eight thousand dollars($348,000.00) for a new pipe. We're putting in
redundancy on a new system that was installed in 2007. So these numbers I have heard had nothing
to do with emergency repairs.
JAMES TWYMAN, Edgewood Drive-Noted concern with the excessive speed on Country Club
Road, stated that he has lived on the bike trail all his life, biking to Lake George and Sprinkles Ice
Cream but often having to swerve off the road due to the high speeds. Also would like to point out
the very bad bump in the road which also causes cars to swerve into the bike trail.
SUPERVISOR STROUGH-Noted that the County attempted to fix that, what they had hoped
would be a permanent fix but it turns out it is not so they will be totally reconstructing the whole
area. As far as the speed limit goes, I think your request is reasonable and if the Board feels the
same, we will move forward with that.
COUNCILMAN IRISH-Can we get a status report on the Dixon Road speed limit request as well?
SUPERVISOR STROUGH-I can check on that.
PRIVILEGE OF THE FLOOR CLOSED
7. TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER—WARD I
REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 638
Nothing to report
COUNCILMAN IRISH-WARD III
Nothing to report
COUNCILMAN VANNESS -WARD IV
Nothing to report
SUPERVISOR STROUGH
• I have to give accolades to Teri Ross and the Assessor's Department. They volunteered to
reassess the whole town rather than hire it out. I think the last time we hired out it costs the
town three hundred thousand dollars ($300,000.00) plus. We did it ourselves, plus we get
some reimbursement back from the State. At Town Hall, they have five or six stations for
people who want to come in and review how they arrived at the new assessments and they
are making every effort possible to be fair and reasonable.
• I have the February Monthly Report from Dave Hatin, Director of Building and Codes, we
did almost three million dollars ($3,000,000.00) worth of construction and upgrades in the
Town of Queensbury for a total of five point five million(5,500,000) so far this year.
RESOLUTION TO ADJOURN REGULAR MEETING
RESOLUTION NO.: 113,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED: Mr. Doug Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular
Town Board Meeting.
Duly adopted this 9th day of March, 2015 by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: Mr. Clements
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK