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2015-06-15 MTG 19 REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 806 REGULAR TOWN BOARD MEETING MTG#19 June 15, 2015 RES# 207-218 7:00 P.M. BOH #13-14 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER PRESENTATION BY LAUREN SAFFER REGARDING WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 207, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 15TH day of June, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH CHARLES CREW'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE NOTICE SHOWN PUBLICATION DATE: JUNE 5, 2015 SUPERVISOR STROUGH- Charles Crew has a piece of property and it's labeled 111 Assembly Point Road, it's a vacant piece of property. His intent is to sell it to allow it to be developed. From new development, there is a requirement for a two hundred (200) foot setback from the Lake George shoreline. This proposal is for a hundred and sixty (160) foot, so they're asking for REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 807 forty (40) feet of relief and that's what the variance is. The system is a highly efficient Eljen System and it does involve a mound but it's not a mounding system, this was pointed out to me. I'm sure there will be other questions and information brought forth to this Board as the public discusses the matter. Okay, would the applicant like to give a little bit more detailed overview for me? DENNIS MACELROY, AGENT- Thank you, John. I'm Dennis MacElroy with Environmental Design representing the owner and applicant, Charlie Crew who is with me tonight. As indicated, this is an application requiring a variance for a wastewater system. It's a raise fill system,just to correct the description, it's not a mound system, it's a raise fill system, for this vacant lot in anticipation of a transfer or sale of the property so that any future buyers would have the understanding that it was an approved wastewater system available for that site. As you explained, a vacant property or new construction requires a two hundred (200) foot setback for a fill system to the lakeshore. In this case, it would be a hundred and sixty (160) feet from the toe of the slope to the shoreline of the Harris Bay side. Assembly Point Road, interestingly enough, also falls within that distance to the main lake side through the Hardt or Gower property. It's more than two hundred (200) feet. So the issue here is that set back to the east where we're at a hundred and sixty (160) feet verses the two hundred (200). SUPERVISOR STROUGH- So we're talking about a mound that was four (4) or five (5) feet... MR. MACELROY- Raised, raised system. SUPERVISOR STROUGH- Raised, raised, four (4) or five (5) feet above the current surface. MR. MACELROY- Correct. SUPERVISOR STROUGH- And it's a raised surface, like a mound; and so I'm trying to explain to the public that our measurement isn't from the actual infiltration bed or the Eljen System. The measurement is from the toe of the raised area. MR. MACELROY- Correct. SUPERVISOR STROUGH- Okay, any questions from the Board for the applicant? COUNCILMAN IRISH-No, we had the opportunity to meet with Dennis last week and I have no questions. COUNCILMAN VANNESS- I think that the only, when we did meet with him, I think that the only question that I had was in reference to Mr. Crew's neighbors. We asked Dennis if we couldn't possibly speak with them and I'm pretty satisfied with the letters from your neighbors that we've got that they've got no objections to, so and after that explanation that Dennis gave us about where it was going and how it was built, I'm fine with it. SUPERVISOR STROUGH- Yes, yes, thank you. Thank you Mr. Crew. All right, let me see before you step down if there's any members of the public that would like to speak to this variance. There are, so if you'll step aside... BRUCE LOGAN- My wife Kathy and I live at 117 Assembly Point Road, which would be North, and I guess East of Charlie's property. No one asked me to interview with you folks so I don't think you have exactly the right information that all the neighbors are happy. SUPERVISOR STROUGH-No,just the adjacent neighbors. MR. LOGAN- Well, I'm adjacent. SUPERVISOR STROUGH- Well, you're at 117? MR. LOGAN- Yeah, Gower property is my property. SUPERVISOR STROUGH- So, you are immediately adjacent to this? REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 808 MR. LOGAN- Yes. SUPERVISOR STROUGH- Oh, okay because this is 111 and you're 117. MR. LOGAN- That's because when they changed to the 911 system all the houses... SUPERVISOR STROUGH- All right. MR. LOGAN- They're not sequential anymore. SUPERVISOR STROUGH- Okay. MR. LOGAN- So my neighbor, Mr. Dawson, mines 115 and his is 115. SUPERVISOR STROUGH-Okay, all right thanks for clearing that up. MR. LOGAN- The numbering system doesn't match... SUPERVISOR STROUGH- All right. MR. LOGAN- I just wanted to say, I've known Charlie since he moved in. I consider him a great neighbor and an honest man. I respect what he's doing but I have some questions about it. My property is behind that property so I've been trying to sell my property for probably almost three (3) years now. The first three (3) questions I get are, do you own that lawn (which I don't), do you own the road (which I don't)that provides access to my house and can you build a house on the lot? I've always said no you can't because it's not a legal building lot. COUNCILMAN IRISH- You mean an additional house or... MR. LOGAN-No, could someone build a house as Charlie's trying to do on that piece of property. COUNCILMAN IRISH- Oh, ok the piece that he's here tonight on. MR. LOGAN- Right. COUNCILMAN IRISH- Okay. MR. LOGAN- And my understanding up until now is because there's not enough room for septic systems, it's not a legal building lot. So my question to you is how does that affect me when now I'm trying to sell my house and I'm looking at somebody's back yard in front of my home. I still don't have right of way because Mr. Crew didn't choose to deed it over to Fred Hardt or myself. How does this all affect me? SUPERVISOR STROUGH- Well it appears that you'll still be able to use the right of way to access your property, right? MR. LOGAN- Yes, but almost every single person looking to buy my home wants a deeded right of way. I mean if somebody buys that property they could move the road anywhere they want. SUPERVISOR STROUGH- Well, don't you have a legal easement right now? MR. LOGAN- It just says egress and... SUPERVISOR STROUGH- Yeah, so that's an easement. MR. LOGAN- But it's not legally deeded to either myself or Mr. Hardt. SUPERVISOR STROUGH- But they have to provide you easement to your property. REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 809 MR. LOGAN- I understand it but it could be a five (5) foot walking path. SUPERVISOR STROUGH- All right. MR. LOGAN- There's nothing legally that says I have...access. SUPERVISOR STROUGH- All right, when Mr. Crew comes back we can ask him about that. MR. LOGAN- Okay, but my main point is, you know, when people talk to me I always say, well you know, we have very strict zoning laws here, and our ...zoning is very confident so what if they do build a house? They can't because it's not a buildable lot. So now all of the sudden after all the other hijinks have gone on on Assembly Point, we ...forty (40) feet away and make it a buildable lot. I have a problem with that. Like I said, I like Charlie, he's a good friend, he's not a good friend but he's a good neighbor and he's an honest man, but why are you guys here. I mean, why not just say throw it in the hat and hire a law firm and hire Dennis MacElroy and have whatever you want. SUPERVISOR STROUGH- Well, so you're concern isn't necessarily the integrity of the system that they're proposing here. MR. LOGAN- Why have a zoning system if every time somebody turns around you're going to... SUPERVISOR STROUGH- There isn't a lot on Lake George that doesn't require a variance that I'm aware of MR. LOGAN- Well we don't have any variances. Thank you for your... COUNCILMAN CLEMENTS- Could you come up for a second and just show me where on this little map right here, which property is yours? COUNCILMAN METIVIER-He's behind Charlie's. COUNCILMAN CLEMENTS- Right here? COUNCILMAN METIVIER-No, this... and this is Bruce's. COUNCILMAN CLEMENTS- Here's the lot in question right here. SUPERVISOR STROUGH- This is North. COUNCILMAN CLEMENTS- This is somebody... correct? MR. LOGAN-Yes. COUNCILMAN METIVIER- Yes. MR. LOGAN-No, where's Crew's? COUNCILMAN METIVIER- Charlie's, right here. MR. LOGAN- Charlie's here. COUNCILMAN METIVIER- ...When you stare at it from Assembly Point Road which land is yours compared to... MR. LOGAN- Fred's is to the South, mine's to the North. COUNCILMAN METIVIER- Yeah, so but I'm just asking the question, do you favor the main lake verses Assembly Point as far as... REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 810 MR. LOGAN- Yes. COUNCILMAN METIVIER- Yeah, that's what I thought. SUPERVISOR STROUGH- And your place is for sale? MR. LOGAN- Yes. COUNCILMAN METIVIER- And it has been for years. MR. LOGAN- Yes. COUNCILMAN IRISH- That's the one that we were standing there and ... SUPERVISOR STROUGH- Right next to Fred's. MR. LOGAN- Like I said, I really don't have an objection. It just doesn't seem as though what you're doing makes sense if every time someone wants a variance they get it. SUPERVISOR STROUGH- Yeah, well this is a well designed system. MR. LOGAN- Okay, thank you. SUPERVISOR STROUGH- Anybody else, member of the public wish to speak to this application, this septic variance request? Seeing none would the applicant return to the table? It appears that Mr. Logan's only concern is the access and width of access to his property. Do you have any thoughts on that?Not that that's a direct... MR. MACELROY- Let me just add one thing before Charlie speaks to that. That lot does exist and it is legal... SUPERVISOR STROUGH- Yes and you pointed that out, and yes that's correct. MR. CREW- You know, I kind of was made aware of this last week. I really had no idea until I talked to Kathy about it. I told Kathy that I would look into it. I have no intension on stranding a property. You know, I think there's some things that have to be legalized as a result of the discussion that Bruce just had. So my intent is to get the property ready for either myself moving there, because at some point I may decide to get out and move into a smaller place, or to get it up for sale because I'm paying taxes on it, I'm maintaining it. It's not a wild refuge there, we keep it well maintained. SUPERVISOR STROUGH- Yeah. MR. CREW- So I would say that my intent is to continue to work on properly doing the right thing. SUPERVISOR STROUGH- Well that's encouraging because this isn't a matter for this Board, it really is a civil matter between you and Mr. Logan. I'm encouraged that you will sit down and work this out. In the meantime, it really doesn't have direct impact on the integrity of this system and the local environment and so forth as we proceed. That's what this Board is looking at, the Board of Health. Okay, any other questions then, concerns? COUNCILMAN IRISH- I have a question for Bob. I know that John indicated that it's not part of this application but is there anything that would prevent us from conditioning an approval on some type of permit easement for at least a certain width path for that property? TOWN COUNSEL, ROBERT HAFNER- We usually would give the advice that's the private property owner's issue. We have no understanding of the facts or the title search and that's not something that would normally would be the Town's thing. COUNCILMAN IRISH- Okay. REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 811 SUPERVISOR STROUGH- Seeing, hearing no further discussion, do I have a motion for approval? COUNCILMAN VANNESS- I'll move it. COUNCILMAN METIVIER- I'll second. RESOLUTION APPROVING CHARLES CREW'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 13,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Charles Crew filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a fill absorption system 160' from the Lake George shoreline in lieu of the required 200' horizontal separation on property located at 111 Assembly Point 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 request on Mondav,June lath,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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance 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 Charles Crew for a variance from the Sewage Disposal Ordinance to install a fill absorption system 160' from the Lake George shoreline in lieu of the required 200' horizontal separation on property located at 111 Assembly Point Road in the Town of Queensbury and bearing Tax Map No.: 239.7-1-1.12. REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 812 Duly adopted this 15th day of June,2015,by the following vote: AYES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 14,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town of Queensbury. Duly adopted this 15th day of June, 2015 by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN.) RON BALL- Spoke regarding resolution 3.9, entitled Resolution Authorizing Increase in Gurney Lane Capital Park Improvement Project No. 157 and Withdrawal from Capital Reserve Fund #61. JOHN SALVADOR- Requested that the Board pull resolution 3.5, entitled Resolution Authorizing Purchase of 2015 Western Star 4700 Set-Forward Front Axle Cab-Chassis and Related Plow Equipment for Use by Town Highway Department. GEORGE WINTERS- Spoke regarding resolution 3.9, entitled Resolution Authorizing Increase in Gurney Lane Capital Park Improvement Project No. 157 and Withdrawal from Capital Reserve Fund #61. RON MILLER- Gave his endorsement for resolution 3.6, entitled Resolution Authorizing Purchase of Portable Trailer with Radar and Speed Display Sign from Traffic Logix. TOWN COUNSEL, HAFNER- Explained the bidding process for Mr. Salvador with regards to his comments concerning resolution 3.5 (Resolution Authorizing Purchase of 2015 Western Star 4700 Set-Forward Front Axle Cab-Chassis and Related Plow Equipment for Use by Town Highway Department). 3.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF SEASONAL EMPLOYEES TO WORK FOR DEPARTMENT OF PARKS AND RECREATION REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 813 RESOLUTION NO.: 208,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury's Department of Parks and Recreation has requested Town Board authorization to hire Mackenzie Baertschi, Celia Brown, Hannah Hewlett, Emily Lovering, Evan Lovering, Patrick Mellon, Jr., Sarah O'Brien, and Samantha Ramsey to work part- time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and: • Mackenzie Baertschi is the cousin of Recreation Program Supervisor/Q-Club Director, Jennifer Baertschi; • Celia Brown is the daughter of Director of Planning,Zoning and Code Compliance, Craig Brown; • Hannah Hewlett is the daughter of Recreation Commission Member,Greg Hewlett; • Emily Lovering and Evan Lovering are the children of Parks & Recreation Director, Steven Lovering; • Patrick Mellon,Jr.,is the son of Deputy Town Clerk II, Rose Mellon, • Sarah O'Brien is the daughter of Deputy Town Clerk I, Karen O'Brien and Code Enforcement Officer,John O'Brien;and • Samantha Ramsey is the daughter of Parks and Recreation Senior T`pist, Simone Ramsey; NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of the above-named employees to work for the Town's Department of Parks and Recreation on a part-time, seasonal basis effective on or about June 16th, 2015, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, Recreation Program Supervisor/Q-Club Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15 1h day of June,2015,by the following vote: AYES : Mr.VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 814 NOES : None ABSENT: None RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH EMERGENCY MANAGEMENT RESOURCES, LLC FOR PROCESSING OF BILLING AND COLLECTION OF EMERGENCY SERVICES RESOLUTION NO.: 209,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, by Resolution No.: 179,2008, the Queensbury Town Board authorized engagement of Emergency Management Resources, LLC (EMR) for provision of the billing and collection of emergenc` services, and WHEREAS, by Resolution No.: 172, 2013,the Town Board authorized a renewal of the Agreement with EMR through June 30th,2015 by execution of a Memorandum of Understanding,and WHEREAS, the Town Purchasing Agent and Budget Officer have recommended that the Town Board renew its services with EMR for a three (3) year period— from Jul` 1St, 201 — June 30th, 2018, as set forth in the Memorandum of Understanding presented at this meeting, and WHEREAS,the Town Board concurs with such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes a three (3) year renewal of its current Agreement with Emergency Management Resources, LLC (EMR) for provision of the billing and collection of emergency services from Jul` 1St, 201 —June 30th, 2018, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Memorandum of Understanding with EMR for such services substantially in the form presented at this meeting, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Budget Officer and/or Town Counsel to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this lath day of June, 2015 by the following vote: AYES : Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 815 NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 210, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, in accordance with New York State Town Law §64(2), the Queensbun- Town Board ma`s authorize the sale of items which are no longer needed by the Town or obsolete,and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus,and WHEREAS,the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or,if deemed unsafe and/or inoperable by the Department Manager,to be sold as scrap,and WHEREAS,the following is the list of surplus items provided by the various Town Departments: Asset Item Serial Number No. Dept Chemical Metering Pump 200116 3716 Water 24-Port Switch SFHK0616Y154 4066 Water Air Safety Meter 046-Pl l l-101 4295 Wastewater 2001 Dodge Pick Up w/Meyer Plow 3B7KF26Z81 M276904 3763 Water Fisher Plow 7' 6" 4082720055827770 n/a Water 1993 Sears Table Saw 89298PO994 8829 Recreation 2-HP Desktop Printers CN13B1 F0Z0/F29P n/a Historian ACER Aspire Computer-no hard drive 32701996230 n/a IT NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 816 Asset Item Serial Number No. Dept Chemical Metering Pump 200116 3716 Water 24-Port Switch SFHK0616Y154 4066 Water Air Safety Meter 046-Pl l l-101 4295 Wastewater 2001 Dodge Pick Up w/Meyer Plow 3B7KF26Z81 M276904 3763 Water Fisher Plow 7' 6" 4082720055827770 n/a Water 1993 Sears Table Saw 89298PO994 8829 Recreation 2-HP Desktop Printers CN13B1 F0Z0/F29P n/a Historian ACER Aspire Computer-no hard drive 32701996230 n/a IT and BE IT FURTHER- RESOLVED,that the Queensbun-Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items,and BE IT FURTHER RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue account(s)in accordance with the Queensbun-Town Code and New York State Laws,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15 th day of June,2015,by the following vote: AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT : None RESOLUTION TO AMEND 2015 BUDGET RESOLUTION NO.: 211, 2015 INTRODUCED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 817 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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 050-0000-51113 Occupancy Tax 138,727 Increase Appropriation Use of Occ Tax 138,727 Duly adopted this 15th day of June, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None AB SENT : None RESOLUTION AUTHORIZING PURCHASE OF 2015 WESTERN STAR 4700 SET-FORWARD FRONT AXLE CAB-CHASSIS AND RELATED PLOW EQUIPMENT FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 212,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a chassis and related plow equipment,and REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 818 WHEREAS, there are sufficient funds in the Town Budget for such proposed purchase, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing Count` Bid and therefore in this instance, the Town of Queensbun,is "piggybacking" with Oneida Count` Bid 417 0 for the 2015 Western Star 4700 Set-Forward Front Axle Cab—Chassis,and Oneida Count` Bid 41751 for the plow equipment,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 hereby approves of the Town Highway Superintendent's purchase of a 2015 Western Star 4700 Set-Forward Front Axle Cab — Chassis for the amount of $112,960 from New York Truck Equipment and the related plow equipment from Tenco Industries, Inc., for the amount of$8 ,309 to be paid from Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs that funding for such purchases shall be b`- a transfer of$198,269 from the Highway Fund's undesignated, unassigned fund balance to Heavy Equipment Account No.: 04-5130-2040 and the Town Budget Officer shall amend the 2015 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessan� to effectuate payment, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessan� to effectuate the terms of this Resolution Duly adopted this 15 th day of June,2015,by the following vote: AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PORTABLE TRAILER WITH RADAR AND SPEED DISPLAY SIGN FROM TRAFFIC LOGIX RESOLUTION NO.: 213,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 819 WHEREAS,the Queensbun-Town Board wishes to purchase a portable trailer with radar and speed display sign for traffic data collection and safety purposes,and WHEREAS, quotes for such a system were obtained and the Town Board wishes to make such purchase from Traffic Login, NOW,THEREFORE, BE IT RESOLVED,the Queensbun� Town Board hereby approves of the purchase of a portable trailer with radar and speed display sign for traffic data collection and safety purposes in the total amount of$11,41 from Traffic Login to be paid for from Account No.: 004-5130-2060,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be b`- a transfer of $11,415 from the Highway Fund's undesignated, unassigned fund balance to Account No.: 004-5130-2060 and the Town Budget Officer shall amend the 2015 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highwa`� 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 15 th day of June,2015,by the following vote: AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT: None RESOLUTION AUTHORIZING WATER TREATMENT PLANT SCADA HARDWARE IMPROVEMENTS PROJECT, ESTABLISHMENT OF CAPITAL PROJECT FUND #207 AND ENGAGEMENT OF THE CHAZEN COMPANIES FOR ENGINEERING SERVICES RESOLUTION NO.: 214,2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 820 WHEREAS, the Town of Queensbury wishes to establish a Capital Project that will provide for the replacement of the Supervisory Control and Data Acquisition(SCADA) hardware system at the Town of Queensbun-Water Treatment Plant, and WHEREAS, the Town wishes to establish and fund the Revenue and Expense Accounts for the Capital Project in a total amount of$25,000, and WHEREAS, the Town Water Superintendent solicited and received proposals from three (3) engineering firms to design,bid and provide construction administration and bidding services,and WHEREAS,The Chazen Companies submitted the lowest and best proposal to provide development of construction documents and bidding and construction phase engineering services related to the Capital Project for the approximate amount of$25,000 as set forth in its June 5th 2015 proposal presented at this meeting,and WHEREAS, The Chazen Companies is already providing engineering services for the Town of Queensbury and has at its disposal a specialty firm that engages in the SCADA Hardware Design discipline and therefore, the Town Board wishes to waive the Town Purchasing Policy's Request for Proposals, self-imposed bidding/purchasing requirement in this instance,and WHEREAS,the Town will adhere to all New York State Law bidding requirements,and WHEREAS, accordingly, the Town Board wishes to establish a Capital Project Fund for the Project and authorize such engagement of The Chazen Companies, NOW, THEREFORE, BE IT RESOLVED,that for the reason outlined above, in these circumstances the Queensbury Town Board hereby waives its Request for Proposals self-imposed bidding/purchasing requirement under the Town of Queensbun"s Purchasing Policy in this instance,and BE IT FURTHER- RESOLVED, that the Queensbury Town Board hereby authorizes the Water Treatment Plant SCADA Hardware Improvements Project and authorizes and directs the establishment of the Water Treatment Plant SCADA Hardware Improvements Capital Project Fund 4207 in the amount of$25,000 which will establish funding for expenses associated with this Capital Project, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by using $25,000 of unappropriated, undesignated Fund Balance 040-0000- 0909 and transferring such balance to the Capital Project as follows: • 040-9950-9030 Transfer to Capital Project - $25,000 • 207-0000-55031 Interfund Revenue - $25,000 • 207-8330-2899 Capital Construction- $25,000 and BE IT FURTHER REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 821 RESOLVED, that the Town Board further authorizes and accepts the proposal of The Chazen Companies dated June nth, 2015 for development of construction documents and bidding and construction phase engineering services for an approximate amount of$2 ,000 substantially in the form presented at this meeting, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare an` documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the proposal of The Chazen Companies substantially in the form presented at this meeting, as well as any other needed documentation and the Town Supervisor, Water Superintendent and/or Town Budget Officer to take anv and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 15th day of June, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT : None RESOLUTION AUTHORIZING MARSHALL & STERLING UPSTATE, INC. TO RENEW TOWN OF QUEENSBURY INSURANCE COVERAGE FROM TRIDENT/ARGONAUT RESOLUTION NO.: 215,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, by Resolution No.: 212,2014, the Queensbury Town Board authorized Marshall & Sterling Upstate, Inc., to obtain insurance coverage for the Town of Queensbury from Trident/Argonaut effective Julv 1St,2014—June 30th,2015,and WHEREAS, the Town Board wishes to authorize the renewal of insurance coverage with Trident/Argonaut effective Jul` 1St,201 —June 30th,2016,in accordance with Marshall and Sterling Upstate, Inc.'s June 8th,2015 proposal presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the Town Budget Officer and Marshall&Sterling Upstate, Inc.,to renew insurance coverage for the Town of Queensbury from REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 822 Trident/Argonaut effective Jul` 1St, 201 —June 30th, 2016 in accordance with Marshall and Sterling Upstate, Inc.'s June 8th,2015 proposal presented at this meeting,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any agreements and any other documentation, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 15 th day of June,2015,by the following vote: AYES Mr.VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES None ABSENT: None RESOLUTION AUTHORIZING INCREASE IN GURNEY LANE CAPITAL PARK IMPROVEMENT PROJECT NO. 157 AND WITHDRAWAL FROM CAPITAL RESERVE FUND #61 RESOLUTION NO.: 216,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Queensbun-Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 (Fund No. 61)for future capital projects,and WHEREAS, by Resolution No.: 157,2015, the Town Board authorized specific capital park improvements and certain maintenance projects, including $63,000 for specific repairs, upgrades, projects, etc.,at the Gurney Lane Park,and WHEREAS, by Memorandum to the Town Board dated June 9th, 2015, the Town Recreation Commission and Parks and Recreation Director advised that due to a shortfall in the original project budgeting,additional funding is need to complete the work at the Gurney Lane Park authorized by Resolution No.: 157,2015,and WHEREAS, the Town Board wishes to authorize such additional funding for the Gurney Lane Project and the withdrawal and expenditure of moneys from Fund No. 61 in the total additional amount of $20,000,and WHEREAS, in accordance with New York State General Municipal Law §6(c),the Town Board is authorized to withdraw and expend funds from Fund 461 subject to permissive referendum, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 06-15-201 ,MTG#19 823 RESOLVED,that the Queensbun-Town Board hereby authorizes the additional expenditures in the total amount of$20,000 at the Gurney Lane Park as set forth in the June 9th, 2015 Memorandum presented at this meeting,and BE IT FURTHER RESOLVED,that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $20,000 to Gurney Lane Capital Park Improvement Fund No. 157,and BE IT FURTHER RESOLVED,that the Town Board herebv increases appropriations in: • Expense Account No.: 157-7110-2899 in the amount of$20,000 — Capital Construction and 001- 9950-9030-0061 — Transfer to Capital Project in the amount of$20,000 and estimated revenues in Account No.: 157-0000-55031 in the amount of$20,000, and BE IT FURTHER RESOLVED,that the Town Board hereby finds that the withdrawal and expenditure for such Project are expenditures for specific capital projects and certain maintenance projects for which the Reserve Account was established,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer to take all actions necessarN to effectuate the terms of this Resolution,and BE IT FURTHER RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 15 th day of June,2015 by the following vote: AYES Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES None ABSENT : None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF JUNE 10TH AND JUNE 16TH, 2015 RESOLUTION NO.: 217,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 824 WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of June I Otn and June I Ith,2015 and payment dates of June I Otn and June 16th 2015, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrants with run dates of June IOth and June 11th, 2015 and payment dates of June IOth and June 16th, 2015 totaling $21,422.73 and $1,384,571.95 respectively, 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 15th day of June,2015,by the following vote: AYES : Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT : None 4.0 CORRESPONDENCE- NONE 5.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES) JOHN SALVADOR- Spoke to the Board regarding conditions of Butler Pond and Buckbee Roads. GEORGE WINTERS- Asked if it is possible to launch a boat off the West Mountain Road site going into Gurney Lane? Supervisor Strough explained that canoes or kayaks, but not boats. RON BALL- Spoke regarding funding for Rush Pond Trail. GRETCHEN STEFEN- Spoke regarding a resolution passed at the last Town Board meeting concerning JUST Beverage using the one way traffic pattern on Buckbee and Butler Pond Roads. She stated that she was disturbed about the Town Board's interference in this Planning Board matter. She is upset that she is a resident of ward three (3) and her councilman is working for other people and not for her or the people that live on her road. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV)- Received several phone calls from concerned residents regarding the new dollar store on Main Street. They are not happy with the appearance of the store thus far. Craig Brown, Director of Planning & Zoning and Code Compliance, was able to pull the plans to show Councilman VanNess that the finished product will look much different than it appears at this juncture. COUNCILMAN IRISH (WARD III)- Congratulations to John Davidson and Todd Eicher for all their efforts in raising approximately seventy-five thousand dollars ($75,000) for the Tour de Cure held in Saratoga to benefit the American Diabetes Association. COUNCILMAN CLEMENTS (WARD II)- Was honored to be invited to John Lynch's Eagle Scout ceremony. It was a very impressive ceremony. John and his parents should be very proud of his accomplishments. Thanked Supervisor Strough for including him in the ceremony. COUNCILMAN METIVIER(WARD I)- REGULAR TOWN BOARD MEETING, 06-15-2015,MTG#19 825 • Updated the other Board Members on the cleanup at 42 Oak Tree. There is a new roof and the inside is getting some attention as well. • Thanked Highway Superintendent, Tom VanNess and his crew for all their hard work during the spring clean-up. • Recently contacted the State through Assemblyman Stec concerning the significant amount of dead trees on Ridge Road. Happy to report that they were out working on that issue today. • Reviewed bike trail etiquette for the public. SUPERVISOR STROUGH- • Spoke regarding the John's Lynch's Eagle Scout project. He put signage around the trails. This is a great thing for the community and it enhances the quality of life of our community as well. It is something that he can be proud of for the rest of his life. • Spoke regarding the significance of June 17, 1775. On that date, Joseph Warren died at Bunker Hill. Joseph Warren, for whom Warren County is named, was involved with the revolutionary movement. He was a doctor, philosopher, soldier and just an outstanding individual. • Attended the Hudson Headwaters grand opening in Warrensburg. It is a beautiful building and they did a great job designing and placing it appropriately. • Received an invitation to the Urgent Care at Mount Royal Plaza celebrating their first anniversary. They are doing well. • Thanked both Joel Barlow at Look TV for televising and Stored Tech for sponsoring these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 218, 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 15th day of June, 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