2015-07-06 MTG 21 REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 828
REGULAR TOWN BOARD MEETING MTG# 21
JULY 6TH, 2015 RES#222-240
7:00 P.M.
TOWN BOARD MEMBERS PRESENT
DEPUTY SUPERVISOR RONALD MONTESI
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
BOARD MEMBERS ABSENT
SUPERVISOR JOHN STROUGH
TOWN COUNSEL
ROBERT HAFNER, ESQ.
PRESS
POST STAR
LOOK TV
Pledge of Allegiance Led by Councilman Brian Clements
DEPUTY SUPERVISOR MONTESI called meeting to order...
1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MINS)
JOHN SALVADOR-Spoke to the Board regarding The Resolution Setting Public Hearing on
Proposed Local Law of 2015 to Amend Queensbury Town Code Chapter 179 "Zoning" Section
179-12-010(A)(3)to Allow Planned Unit Development (PUD) in Office Zones. Spoke to the
board regarding Resolution to Amend 2015 Budget.
2.0 RESOLUTIONS
RESOLUTION AUTHORIZING CLOSURE OF FOSTER WATER MAIN
REPLACEMENT CAPITAL PROJECT FUND#185
RESOLUTION NO.: 222, 2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, in accordance with Resolution No.: 188, 2011, the Queensbury Town
Board established the Everts Avenue Pipe Replacement Capital Project Fund #185, and
WHEREAS, the Town Water Superintendent has advised the Town's Accountant that the
Project is complete and therefore the Project Fund may be closed, and
WHEREAS, the Town's accounting records show that there is approximately $1,132.50
remaining in Fund #185, and
WHEREAS, the Town Board wishes to close such Fund #185 and transfer its remaining
balance to the Water Treatment Plant SCADA Hardware Improvements Capital Project Fund
#207,
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 829
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Budget Officer to close the Everts Avenue Pipe Replacement Capital Project Fund #185 and
transfer its remaining $1,132.50 to the Water Treatment Plant SCADA Hardware Improvements
Capital Project Fund #207, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Water Superintendent, Town Budget Officer and Accountant to take such other and further
action as may be necessary to effectuate all terms of this Resolution.
Duly adopted this 6th day of July, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess,
NOES None
ABSENT: Mr. Strough
RESOLUTION REQUESTING SPEED LIMIT REDUCTION
FOR ENTIRE LENGTH OF MOON HILL ROAD
RESOLUTION NO.: 223,2015
INTRODUCED BY : Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY : Mr.William VanNess
WHEREAS, the Queensbury Town Board and Town Highway Superintendent support a
lowering of the speed limit on the entire length of Moon Hill Road in the Town of Queensbury
from 40 miles per hour to 30 miles per hour,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the maximum speed
limit on the entire length of Moon Hill Road be lowered from 40 miles per hour to 30 miles per hour
for safety reasons, and
BE IT FURTHER
RESOLVED, in accordance with New York State Vehicle and Traffic Law §1622, that the
Town Board further authorizes and directs the Town Supervisor's Office to forward a certified copy
of this Resolution and any other necessary documentation to the New York State Department of
Transportation Works and/or Warren County Department of Public for the purposes of studying and
establishing a lower maximum speed limit on the entire length of Moon Hill Road in the Town of
Queensbury.
Duly adopted this 6th day of July, 2015 by the following vote:
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 830
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
AB SENT : Mr. Strough
RESOLUTION AUTHORIZING LAKE GEORGE TRIATHLON
RESOLUTION NO. 224,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Adirondack Triathlon Club/Adirondack Race Management, a not-for-profit
organization, has requested authorization from the Queensbury Town Board to conduct its IO'h
annual Lake George Triathlon to benefit local organzations as follows:
SPONSOR Adirondack Triathlon Club/Adirondack Race Management
EVENT Lake George Triathlon
DATE Saturday, September 5th 2015
TIME Approximately 7:00 a.m. — 10:30 a.m. (Bike Leg Portion)
PLACE: Warren County Bike Trail and then Birdsall,
Round Pond, Blind Rock, Haviland, Rockwell, Sunnyside,
Jenkinsville and Ridge Roads
(Letter and map delineating course attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of
insurance from the Adirondack Triathlon Club/Adirondack Race Management to conduct the Lake
George Triathlon partially within the Town of Queensbury on Saturday, September 5 t 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to approval by the
Town Highway Superintendent, which may be revoked due to concern for road conditions at any
time up to the date and time of the event.
Duly adopted this 6th day of July, 2015, by the following vote:
AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr.VanNess
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 831
NOES : None
ABSENT: Mr. Strough
RESOLUTION AUTHORIZING HIRING OF RYAN FLANSBURG AS SEASONAL
EMPLOYEE TO WORK FOR
DEPARTMENT OF PARKS AND RECREATION
RESOLUTION NO. :225,2015
INTRODUCED BY Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Director of Parks and Recreation has requested
Town Board authorization to hire Ryan Flansburg 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 approve the appointment of Town employees' relatives and Ryan Flansburg is the
son of Jamie Flansburg, a Mechanic in the Parks and Recreation Department,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Ryan Flansburg to work for the Department of Parks and Recreation on a part-time, seasonal basis
commencing on or about July 6t1i 2015, through on or about September 4t1i 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 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,
Parks and Recreation Director, 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 6th day of July, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 832
ABSENT: Mr. Strough
RESOLUTION AUTHORIZING HIRING OF GARY LEBARRON AS
PART-TIME LABORER FOR TOWN TRANSFER STATIONS
RESOLUTION NO. : 226,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.WilliamVanNess
WHEREAS, the Town Transfer Stations maintain a roster of part-time employees who work
on an on-call basis when needed and funds for such positions have been budgeted for in the Town
Budget, and
WHEREAS, Gary LeBarron has expressed an interest in being placed on this roster, and
WHEREAS, the Landfill Equipment Operator has recommended to the Town Board that
Gary LeBarron be hired as a part-time Laborer to work on an "on-call" basis at the Town Transfer
Stations, not to exceed 20 hours a week, and
WHEREAS, the Queensbury Town Board wishes to hire Gary LeBarron as a part-time
Laborer to work on an"on-call" basis at the Town Transfer Stations, not to exceed 20 hours a week,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Gary LeBarron as a part-time Laborer on an on-call basis, not to exceed 20 hours per week,
commencing on or about July 7th, 2015, subject to the Town successfully completing a pre-
employment physical and background checks, including drug and/or alcohol screenings, as
reasonably necessary to judge fitness for the duties for which hired, and
BE IT FURTHER,
RESOLVED, that such Part-Time Laborer shall be paid $13.52 per hour as set forth in
Town Board Resolution No.: 33,2015 to be paid from the appropriate payroll account, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Landfill Equipment Operator and/or Town Budget Officer to complete any forms and take any
action necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of July, 2015, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Strough
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 833
RESOLUTION AUTHORIZING HIRING OF JASON MINGO AND MICHAEL HOMER
AS FULL-TIME MOTOR EQUIPMENT OPERATORS
FOR TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 227,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town
Board that there are currently two (2) vacancies in the full-time Motor Equipment Operator (MEO)
position in the Highway Department due to the resignation and retirement of two (2) of his
employees, and
WHEREAS, the Highway Superintendent posted availability for the positions, reviewed
resumes and has made hiring recommendations to the Town Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Jason Mingo and Michael Homer as full-time Motor Equipment Operators (MEO) in the Town's
Highway Department effective on or about July 7th, 2015 subject to Messrs. Mingo and Homer's
successful passing of pre-employment physicals 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. Mingo and Homer 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 6th day of July, 2015 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Strough
RESOLUTION AUTHORIZING ASSIGNMENT OF ESCROW AGREEMENT
CONCERNING DEDICATION OF RIDGEWOOD COURT
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 834
RESOLUTION NO. 228,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 173, 2015, the Queensbury Town Board accepted from
Robert Wall the dedication of Ridgewood Court in the Ridge Road Subdivision and at the time of
dedication, Mr. Wall provided the Town with $12,444 cash escrow to ensure completion of the
Road, such sum to be held in escrow in accordance with the terms of an Escrow Agreement, and
WHEREAS, Patten Property Development, LLC is purchasing the Ridgewood Court
Subdivision from Mr. Wall and accordingly Mr. Wall wishes to assign his rights and obligations
under the Escrow Agreement to Patten Property Development, LLC, which will result in Patten
Property Development, LLC being the Developer, and
WHEREAS, the Town has the fully-executed Escrow Agreement and the $12,444, and will
continue to hold such funds in accordance with the Agreement, and
WHEREAS, the Assignment and Assumption Agreement is presented at this meeting and is
in form acceptable to Town Counsel, and
WHEREAS, the Town Board wishes to authorize such assignment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
assignment of the Escrow Agreement between Robert Wall and the Town of Queensbury referred to
in the preambles of this Resolution to Patten Property Development, Inc., and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute the
Assignment and Assumption Agreement between the Town and Patten Property Development, LLC
and take such other and further actions necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of July, 2015, by the following vote:
AYES Mr. Metivier, Me. Clements, Mr. Irish, Mr. VanNess
NOES None
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 835
ABSENT: Mr. Strough
RESOLUTION TO AMEND 2015 BUDGET
RESOLUTION NO.: 229,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Budget
Officer,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- 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 S
001-0000-0909 Fund Balance 001-8120-2899-004 Sewer Distribution 6 ,000
005-0000-0909-4980 Fund Balance 005-34110-441 -4980 Service Contracts 38,69
005-0000-0909-4981 Fund Balance 005-3410-441 -4981 Service Contracts 100,575
Increase Revenue
001-0000- 2680 Insurance Recovery 3,910
Increase Appropriation
001-3410-4110 Fire M.Repairs 3,910
Duly adopted this 61h day of July,2015 by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT : Mr. Strough
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR
DIXON ROAD CULVERT REPLACEMENT PROJECT, TECHNICAL
SERVICES CHANGE ORDER #3 OF THE CHAZEN COMPANIES AND
INCREASE IN CAPITAL PROJECT FUND #206
RESOLUTION NO.: 230,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 836
WHEREAS, by Resolution No.: 412,2014,the Queensbury Town Board authorized and approved
the Dixon Road Culvert Replacement Project, establishment of the Dixon Road Culvert Replacement
Capital Project Fund 4206 in the amount of $40,000, and engagement of The Chazen Companies
(Chazen) for design and construction phase engineering services for an amount not to exceed $31,240,
and
WHEREAS, Chazen has provided such design and construction phase engineering services
authorized b`- such Resolution including preparation of the culvert replacement construction bid documents,
but as a result of the New York State Department of Environmental Conservation requiring significant design
changes to the culvert and stream armoring design in order to permit the Project, Chazen has submitted a
Technical Services Change Order 43 dated June 21, 201 (presented at this meeting)providing for additional
and continued professional engineering services related to the Capital Project for an additional amount of
$4,925 for Task 006—Preparation of Contract Documents; and $1,600 for Task 007 —Project Coordination,
Meetings and Correspondence;for a total additional amount not to exceed$6,525,and
WHEREAS, the Town Board wishes to accordingl`- authorize the increase in the Project costs and
supplement Fund 4206 in such amount, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the
bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements
set forth in the Town's bidding documents,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbun-Town Board hereby authorizes and directs the Town's Purchasing
Agent to publish an advertisement for bids for the Dixon Road Culvert Replacement Project in the official
newspaper for the Town of Queensbury.and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all
bids received, read the same aloud and record the bids as is customarily done and present the bids to the next
regular or special meeting of the Town Board,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and accepts Chazen's Technical Services
Change Order 43 dated June 21, 2015 as presented at this meeting providing for Chazen's continued
professional engineering services related to the Capital Project for an additional amount of$4,925 for Task
006 — preparation of contract documents and $1,600 for Task 007 — Project Coordination, meetings and
correspondence, for a total additional amount not to exceed $6,525, and authorizes and directs the $6,525
increase in the Dixon Road Culvert Replacement Project Fund 4206, $6,525 to come from the
Town's General Fund unappropriated, undesignated Fund Balance, and
BE IT FURTHER-
RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all
action necessan� to increase appropriations and revenues in the following accounts as necessan:
• Revenue Acct No. —206-0000-55031 (Interfund Revenue) $6,525,
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 837
• Expense Acct No. —206-8540-4720 (Engineering/Consultants) $6,525,
• Expense Acct No. - 001-9950-9030 Transfer to Capital Project $6,525,
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 any
documentation necessary to increase such appropriations and estimated revenues, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
Chazen's Technical Services Change Order 43 dated June 21,2015 substantially in the form presented at this
meeting, as well as any other needed documentation and the Town Supervisor, Town Budget Officer and/or
Purchasing Agent to take any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 6 t day of July,2015,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT: Mr. Strough
RESOLUTION AUTHORIZING INCREASE IN GLEN LAKE LAUNCH
CAPITAL PARK IMPROVEMENT PROJECT NO.: 140 AND
WITHDRAWAL FROM CAPITAL RESERVE FUND NO.: 61
RESOLUTION NO.: 231,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury 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 $3, 00 for specific repairs, upgrades, projects,
etc.,at the Glen Lake Launch,and
WHEREAS, by Memorandum to the Town Board dated June 30th, 2015, the Town Recreation
Commission and Parks and Recreation Director advised that in order to remove and replace a severely
damaged canoe/kayak/fishing dock that was not part of the original Project budgeting authorized by
Resolution No.: 15 7,201 5,additional funding is needed to complete such work at the Glen Lake Launch,and
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 838
WHEREAS,the Town Board wishes to authorize such additional funding for the Glen Lake Launch
Project and the withdrawal and expenditure of moneys from Fund No. 61 in the total additional amount of
$10,000,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
RESOLVED,that the Queensbun-Town Board hereby authorizes the additional expenditures in the
total amount of$10,000 at the Glen Lake Launch as set forth in the June 30th, 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
$10,000 to Glen Lake Launch Capital Park Improvement Fund No. 140,and
BE IT FURTHER
RESOLVED,that the Town Board herebv increases appropriations in:
• Expense Account No.: 140-7110-2899 in the amount of$10,000 — Capital Construction and 001-
9950-9030-0061 — Transfer to Capital Project in the amount of$10,000 and estimated revenues
in Account No.: 140-0000-55031 in the amount of$10,000, 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 6 t day of Jul`,2015 by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES :None
ABSENT: Mr. Strough
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 839
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2015 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 168 ENTITLED, "VEHICLES, RECREATIONAL"
RESOLUTION NO. 232,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: _ of
2015 to amend Queensbury Town Code Chapter 168, entitled, "Vehicles, Recreational," to revise certain
language, including, among other things, to clarify that the operation of all-terrain vehicles and/or
snowmobiles is prohibited on municipal property, except on those Town highways or those areas of
municipal property specifically designated for such use, and
WHEREAS, adoption of this legislation is authorized by New York State Municipal Home Rule
Law§10,and
WHEREAS,the Town Board wishes to set a public hearing concerning adoption of this Local Law,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday,July 20th,2015 to hear all
interested persons and take any necessary action provided by law concerning proposed Local Law No.:
of2015,and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to
publish and post a Notice of Public Hearing concerning proposed Local Law No.: _of 2015 in the manner
provided by law.
Duly adopted this 6 t day of July,2015,by the following vote:
AYES Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES None
ABSENT: Mr. Strough
RESOLUTION AUTHORIZING HIRING OF JAMES PUTNAM AS
BUILDING MAINTENANCE WORKER IN WATER DEPARTMENT
RESOLUTION NO.233,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 840
WHEREAS, the Town of Queensbury's Water Superintendent has advised the Queensbury Town
Board that there is currently a vacancy in a full-time Building Maintenance Worker position in the
Department due to a recent retirement of a full-time employee,and
WHEREAS, consistent with the Collective Bargaining Agreement,the Water Superintendent posted
availability for the position,and
WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has
recommended that the Town Board authorize the hiring of James Putnam, as a full-time Building
Maintenance Worker,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the hiring of James
Putnam as a full-time Building Maintenance Worker in the Town's Water Department effective on or about
July 7th 2015 subject to the Town successfully completing a pre-employment physical and background
checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol
screening,and subject to Mr. Putnam's completion of an eight(8)month probationary period,and
BE IT FURTHER
RESOLVED, that Mr. Putnam shall be paid the hourly rate of pay for the Building Maintenance
Worker 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, Water
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 6th day of July,2015 by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT: Mr. Strough
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. OF 2015 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 "ZONING" §179-12-010(A)(3) TO ALLOW PLANNED UNIT
DEVELOPMENT (PUD) IN OFFICE ZONES
RESOLUTION NO.: 234,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS,the Town Board wishes to consider adoption of Local Law No.: of 2015 to amend
Queensbury Town Code Chapter 179 "Zoning" §179-12-010(A)(3) as presented at this meeting to allow
for Planned Unit Development (PUD) in the Town of Queensbury Office Zones in order to:
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 841
• Increase scope of development
• Allow for large development diversity
• Better coordinate commercial and residential spaces
• Offer amenities and features not usuallv offered in traditional subdivisions
Sidewalks/bicycle paths/recreational facilities/public spaces/etc.
• Allow for greater diversity of uses
• Plan for creativitv
• Allow for planning coordination
• Allow for maintenance coordination
• Allow for landscaping coordination
• Provide for better design coordination with common areas
• Provide for living arrangements that better meet current preferences
• Improve design of compatibility of uses
• Allow for better conservation of space
and
WHEREAS, before the Town Board may amend its Zoning Law, it must hold a public hearing in
accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of
Queensbury Zoning Law,and
WHEREAS, in accordance with General Municipal Law §239-m,before enacting the legislation,the
Town must first refer the proposed Local Law and obtain a recommendation from the Warren Count`
Planning Department,and
WHEREAS, the proposed legislation must undergo an environmental review pursuant to the State
Environmental Quality Review Act(SEQRA)prior to adoption and enactment,and
WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA environmental
review and has a completed Part 1 of a Full Environmental Assessment Form (EAF) for use in the
environmental review,and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing
prior to the adoption of any Local Law and therefore the Town Board wishes to set a Public Hearing
concerning adoption of this Local Law,
NOW,THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 842
RESOLVED, that the Queensbun- Town Board hereby authorizes and directs the Town Clerk or
Director of Planning/Zoning to forward a cop` of the proposed Zoning Law Amendment and supporting
SEQRA documentation to the Warren Count` Planning Department for its review and recommendation,and
BE IT FURTHER-
RESOLVED, that the Queensbury Town Board hereby declares its intent to be Lead Agency for
SEQRA review of the proposed Zoning Law amendment and directs the Town Clerk or Director of
Planning/Zoning to send a cop` of the proposed zoning revisions/Local Law, together with a cop` of the
completed Part 1 of the Full EAF and certified cop` of this Resolution stating the Town Board's intention to
be Lead Agency for SEQRA review to the Warren Count` Planning Department as the only other Involved
Agency,as required by law,and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
Queensbun� Activities Center, 742 Bay Road, Queensbun� at 7:00 p.m. on Monday,Jul` 20th,2015 to hear all
interested persons concerning proposed Local Law No.: of 2015 which provides for a certain amendment
of the Town of Queensbun's Zoning Law,and
BE IT FURTHER-
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the
public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be
timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the
Town's website and public bulletin board at least 10 days before the date of the Public Hearing,and
BE IT FURTHER
RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of Public
Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies,
municipalities or individuals, in accordance with New York State Town Law §265 and any other applicable
State Laws or Town Code provisions,and
BE IT FURTHER
RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to take
such other actions and give such other notice as may be necessary in preparation for the Public Hearing and
for the Town Board to lawfully adopt proposed Local Law No.: of 2015.
Duly adopted this 6th day of Jul`,2015,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT: Mr. Strough
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 843
RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN GRANT
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK
STATE HOUSING TRUST FUND CORPORATION, ESTABLISHING
HOME SPECIAL GRANT FUND AND SETTING APPROPRIATIONS AND
ESTIMATED REVENUES FOR GRANT AWARD
RESOLUTION NO.: 235,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 163, 2014 the Queensbury Town Board authorized submission of
an application for HOME funds through the New York State Office of Community Renewal (NYS OCR),
and
WHEREAS, by Resolution 163, 2014 the Town Board also authorized an amount not to exceed $
7 ,000 to be set aside from the Town of Queensbury Revolving Loan Fund ( RLF) Account No: 019- 0000-
0201 for the purpose of a HOME match should 2013 HOME funds be awarded,and
WHEREAS, such Revolving Loan Fund was previously and duly established by Resolution
582,2004,and
WHEREAS,the grant application was submitted and the NYS OCR awarded a$300,000 grant to the
Town of Queensbury.and
WHEREAS,the Town has received a proposed Grant Agreement from New York State concerning
the awarded grant funds and such Agreement is in form acceptable to Town Counsel,and
WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the Grant
Agreement, establish a HOME Special Grant Fund and set appropriations and estimated revenues for the
grant award,and
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Grant Agreement between
the Town of Queensbury and the New York State Housing Trust Fund Corporation, represented by the New
York State Office of Community Renewal and authorizes and directs the Town Supervisor to sign the Grant
Agreement in form substantially presented at this meeting,and
BE IT FURTHER-
RESOLVED,that the Town Board establishes HOME Grant Fund 4017 and sets appropriations and
estimated revenues in the amount of$300,000 for the New York State HOME Program Grant funds received
by the Town through the New York State Office of Community Renewal, such appropriations and estimated
revenues to be recorded in accounts to be determined by the Town Budget Officer,and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 844
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 any documentation
necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution.
Duly adopted this 6 t day of July,2015,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT : Mr. Strough
RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER
PLANNING & DEVELOPMENT, INC. TO PROVIDE ADMINISTRATIVE
AND PROGRAM IMPLEMENTATION ASSISTANCE IN CONNECTION
WITH $300,000 IN GRANT FUNDS RECEIVED FROM
NEW YORK STATE OFFICE OF COMMUNITY RENEWAL
RESOLUTION NO.: 236,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 163,2014 the Queensbury Town Board authorized submission of a
grant application for HOME funds through the New York State Office of Community Renewal (NYS OCR),
and
WHEREAS,the grant application was submitted and the Town was awarded a HOME Grant in
the amount of$300,000 from the NYS OCR, and
WHEREAS, by Resolution 163, 2014 the Town Board also authorized an amount not to exceed
$7 ,000 to be set aside from the Town of Queensbury Revolving Loan Fund(RLF)Account No: 019-0000-
0201 for the purpose of a HOME match should 2013 HOME funds be awarded,and
WHEREAS, said Revolving Loan Fund was previously and duly established by Resolution
582,2004,and
WHEREAS, by Resolution No.: 327,2013 the Town engaged the services of Shelter Planning &
Development, Inc. for a three year period or until July 30, 2016 with specific work tasks and
corresponding fees to be authorized via separate contracts, and
WHEREAS,the Town wishes to engage the services of Shelter Planning &Development, Inc. for
provision of the administrative and program implementation assistance services in connection with the
$300,000 in HOME grant funds and a proposed Contract for Professional Services between the Town and
Shelter Planning is presented at this meeting,
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 845
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of
Shelter Planning & Development, Inc., for provision of administrative and program implementation
assistance services in connection with the grant monies received by the Town of Queensbury referenced
in the preambles of this Resolution and as set forth in the Contract for Professional Services substantially
in the form presented at this meeting, and
BE IT FURTHER-
RESOLVED, that the costs for Shelter Planning & Development, Inc.'s services shall not exceed
the fixed fee of fifteen-thousand dollars ($1 ,000) plus four thousand three hundred dollars ($4,300) per
unit rehabilitated for such program implementation, administration and delivery as specifically delineated
in the Contract for Professional Services, and
BE IT FURTHER-
RESOLVED, that payment for these expenses shall be paid from the Town's 2015 HOME
Program Grant funding from the New York State Office of Community Renewal and the Revolving Loan
Fund as specifically delineated in the Contract for Professional Services, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the Contract for Professional Services between the Town and Shelter Planning & Development, Inc. in
the form presented or in a form substantially similar which is acceptable to the Town Supervisor, Town
Senior Planner and Town Counsel, and
BE IT FURTHER-
RESOLVED,that the Town Board further authorizes the Town Supervisor, Senior Planner and/or
Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution.
Duly adopted this 6th day of July, 2015 by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish Mr. VanNess
NOES None
ABSENT:Mr.Strough
RESOLUTION SETTING HEARING ON BAYBROOK II, LLC'S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENTS
RESOLUTION NO.: 237,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
variances from §136-44 "Connection to sewers required" which requires Town property owners situated
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 846
within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to
the public sewer facilities within one(1)year from the date of notice,and
WHEREAS, Baybrook II, LLC has applied to the Town Board for a variance/waiver from Town
Code §136-44.1 for a two (2) year extension of the Town's connection requirements to connect its property
located at 3-4, 7-9 Bay Brook Drive (six separate apartment buildings) to the Queensbury Consolidated
Sanitary Sewer District as set forth in its July 6,2015 letter application presented at this meeting,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, July 20th, 2015 at
7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun% to consider Baybrook II, LLC's
sewer connection variance/waiver application concerning its property located at 3-4, 7-9 Bay Brook Drive,
Queensbury(Tax Map No.: 296.11-1-28),and
BE IT FURTHER-
RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the
Notice of Hearing presented at this meeting to the Applicant required by law.
Duly adopted this 6th day of July,2015,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT: Mr. Strough
RESOLUTION APPROVING AUDITS OF BILLS -
WARRANTS OF JUNE 24TH AND JULY 7TH, 2015
RESOLUTION NO.: 238,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
Warrants with run dates of June 24th and July 2nd,2015 and payment dates of June 24th and July 7th,2015,
NOW,THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby approves the Warrants with run dates of June
24th and July 3rd, 2015 and payment dates of June 24th and July 7th, 2015 totaling $83,379.94 and
$1,869,889. 8 respectively, and
BE IT FURTHER
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 847
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 6th day of July,2015,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr. Irish,Mr. VanNess
NOES : None
ABSENT : Mr. Strough
RESOLUTION AUTHORIZING CONSENT TO WARREN COUNTY BEING
DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF WARREN
COUNTY'S PROPOSED LAND ACQUISITION, OFF AIRPORT
OBSTRUCTION REMOVAL AND MISCELLANEOUS IMPROVEMENTS
PROJECT AT FLOYD BENNETT MEMORIAL AIRPORT
RESOLUTION NO.: 239,2015 (DEFEATED)
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), Warren
County has notified the Queensbury Town Board that Warren County is seeking Lead Agency status for the
purposes of fulfilling the SEQRA requirements relative to its proposed Land Acquisition, Off Airport
Obstruction Removal and Miscellaneous Improvements Project at the Floyd Bennett Memorial Airport (the
"Project") as set forth in Warren County's June 12, 201 letter to the Town of Queensbury presented at this
meeting,and
WHEREAS, Warren County has requested that the Town Board consent to Warren County being
designated as Lead Agency, and the Town Board has concluded that Warren County is the most involved
agency and should be Lead Agency for the purposes of SEQRA review relating to the Project,and
WHEREAS,the Town Board wishes to therefore provide such consent,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to Warren
County acting as Lead Agency for SEQRA review relative to Warren County's proposed Land Acquisition,
Off Airport Obstruction Removal and Miscellaneous Improvements Project at the Floyd Bennett Memorial
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 848
Airport as set forth in the preambles of this Resolution, and authorizes and directs the Town Supervisor to
execute such consent and take any other necessary actions to effectuate the terms of this Resolution.
Duly adopted this 6 t day of July,2015,by the following vote:
AYES : None
NOES : Mr. Clements,Mr. Irish,Mr. VanNess,Mr. Metivier
ABSENT: Mr. Strough
DISCUSSION HELD BEFORE VOTE:
COUNCILMAN CLEMENTS-As you may or may not know the Warren County Airport is
currently within Queensbury's Ward Two and has been a controversially topic of discussion for
several years. As I've been meeting and have been having discussions with Ward Two voters
I've found an overwhelming majority of them are not in favor of the Warren County Airport
Expansion. I usually explain to them that I have no vote on that as this is a Warren County
matter, but will relay your message to the Town Supervisor who has weighted vote on the
Warren County Board of Supervisors. However, in this instance I feel that a no vote on this
resolution would support what a majority of the Queensbury residents in Ward Two would want.
I already have written letters and have spoken at a Warren County Facilities Meeting in support
of Paul Kilmartin in Ward Two and other residents complaining of the overwhelming and
extensive tree removal that took place last fall. If the SEQRA is to be done I feel that it should
be the Queensbury Town Board that should be the Lead Agency. I am not opposed to the safe
restoration of night time instrument approaches to Runway Twelve (12) by mitigating the twelve
to one obstruction, but I feel that should be a minimum of removal not the overwhelming and
extensive removal as we all witnessed last fall. So, for those reasons I am voting no on
Resolution 2.9 in support of my Ward Two constituency.
DISCUSSION HELD WITH TOWN COUNSEL
COUNCILMAN IRISH- The only thing that I would say. I've attended a few of the meetings
that the County had here and was not pleased at all with the response from either the Engineers
or the County with respect to the comments made by the public. I'm not all that convinced that
that they will do their due diligence the way they should. I think they have already planned on
neg decking this thing and slide it through like they have everything else. Regardless of whether
we have any impact on what they do or not I am inclined to vote with Brian on this and vote no
just to send a signal that, hey you guys need to do your due diligence and take into consideration
the impacts that you are having on the Town of Queensbury and Queensbury residents.
VOTE TAKEN
3.0 CORRESPONDENCE
DEPUTY CLERK O'BRIEN-Supervisor's Monthly Report for May 2015 for Community Development and
Building and Codes on file in Town Clerk's Office.
4.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES)
DAN VALENTE-Spoke to the Board regarding the Bay Road Moratorium commended the Town
board for holding off on the Office Zone.
JOHN SALVADOR-Spoke to the Board regarding the Park Commission raising their fees, does not
think it is proper for the Town Assessor to assess both boat docks and boat houses and levies a tax
for property and school taxes on those facilities asked the Board for a Workshop Session regarding
Town boundaries.
REGULAR TOWN BOARD MEETING 07-06-2015 MTG#21 849
5.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER(WARD I)
• NOTHING TO REPORT
COUNCILMAN CLEMENTS (WARD (II)
• NOTHING TO REPORT
COUNCILMAN IRISH(WARD III)
• NOTHING TO REPORT
COUNCILMAN VANNESS (WARD IV)
• Spoke regarding a previous complaint regarding the emergency exits at the Great Escape
noting the Fire Marshal has addressed all issues. The Great Escape was very cordial to what
he wanted to do. From what I understand everything has been taken care of and they have
agreed to put in place an Emergency Evacuation Plan.
DEPUTY SUPERVISOR MONTESI
• I am delighted to fill in for John and hopefully a good healthy baby will be born tonight and
John will be back to work tomorrow.
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO. 240,2015
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 its Regular Town
Board Meeting.
Duly adopted this 6th day of July, 2015, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES: None
ABSENT:Mr. Strough
RESPECTFULL SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY