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2016-02-08 MTG 6 REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 282 REGULAR TOWN BOARD MEETING MTG#6 FEBRUARY 8, 2016 RES# 70-87 7:00 P.M. BOH# 3-4 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH- ABSENT COUNCILMAN WILLIAM VANNESS PRESS LOOK TV POST STAR TOWN COUNSEL ROBERT HAFNER, ESQ. SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 70, 2016 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 8th day of February, 2016, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Irish BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KATHARINE CORNELL RESOLUTION NO.: BOH 3,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 283 SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Katharine Cornell (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, E1136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install a 4,000 gallon holding tank system to replace the existing failed on-site wastewater treatment system on property located at 14 Mayflower Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 22"d 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Katharine Cornell's sewage disposal variance application concerning property located at 14 Mayflower Lane in the Town of Queensbury (Tax Map No.: 227.6-1-8) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Irish RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 4,2016 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 8th day of February, 2016 by the following vote: REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 284 AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: Mr. Irish 2.0 PUBLIC HEARINGS PUBLIC HEARING WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE NOTICE SHOWN PUBLICATION DATE: JANUARY 15, 2016 DAN SOLVAY- I'll talk about the finance. If there are any questions regarding the actual apparatus, Jason Miller, our captain is here to speak on that. SUPERVISOR STROUGH- Okay. MR. SOLVAY- Do you want me to step up there, John? SUPERVISOR STROUGH- Yeah, Dan and Jason, would you please come forward? MR. SOLVAY- Certainly. SUPERVISOR STROUGH- All right. MR. SOLVAY- I'm Dan Solvay. I'm the treasurer of West Glens Falls Emergency. We reached out to three (3) banking institutions locally. As you can imagine the interest rate that they were looking to offer us for financing a vehicle was pretty close. Glens Falls National actually went the extra mile and extended the rate for six (6)to eight (8) months, which is the period of time that we're looking to take position of this new vehicle. It's going to be in a ...status and Jason can answer any questions regarding that segment of it. So the rate that we're proposing, or they're proposing that we've accepted is four and a quarter percent (4.25%) for a five (5) year period of time, and we're looking at financing a hundred and sixty two thousand (162,000). The vehicle will actually cost more than that but the difference in what the purchase price will be and the actually funding will come out of our operating budget for this year. SUPERVISOR STROUGH- And one of the reasons that you're here is because this Resolution not only authorizes the purchase but it also is authorizing the tax exempt financing. For some reason it has to come before this Board. It's a good thing. Jason, do you have anything to add? JASON MILLER- Only if you have questions. SUPERVISOR STROUGH- Any questions? COUNCILMAN VANNESS- This has all the new updated equipment with it Jason, correct? And that's why it's a little... MR. MILLER- It's a little more expensive. The last time that we purchased the new ambulances we bought...which were basically used ambulances. One had over twelve or fifteen thousand miles on it when we took possession. So this will come with whatever it takes to drive it from the factory to Queensbury... COUNCILMAN VANNESS- I think the great think the great thing on it too, John is that they're coming in with no increase in their budget. REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 285 SUPERVISOR STROUGH- Right, this is no increase in their budget. They fit all of this into their budget. It will be their third (3rd) vehicle, ambulance; 711 is sick very often. It's got eighty seven thousand (87,000) miles on it. The intent of getting this new one is to allow 711 to have a little bit of a rest. We'll still use it. MR. MILLER- In a backup capacity. SUPERVISOR STROUGH- As a backup capacity. MR. MILLER- Yes. Right now when we have an ambulance out of service, we reach out to North Queensbury or Bay Ridge and they have been nice enough to allow us to borrow one of their ambulances in the interim. SUPERVISOR STROUGH- All right, and West Glens Falls is by far the busiest of the EMS squads. The vehicle you want to purchase, it's a 2016 Ford F-450... COUNCILMAN VANNESS- Yes, I saw that, John. SUPERVISOR STROUGH- 4x4 type I ambulance for approximate price of one hundred and eighty one thousand, ninety eight dollars ($181,098). Okay, now this is a public hearing, so now that we've presented what's going on here and the intent behind this Resolution. Is there any member of the public that wishes to speak to this application? All right, seeing none, no further questions Board? All right, Resolution to approve? I'll close the public hearing. RESOLUTION APPROVING WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 71,2016 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, in accordance with New York State Public Health Law Article 30, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town, which Agreement sets forth a number of terms and conditions, including a condition that the Squad 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 Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad advised the Town Board that it wishes to purchase a new 2016 Ford F-450 (4x4 Type 1) Ambulance for the approximate purchase price not to exceed $181,098, and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 286 WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad's building located at 86 Luzerne Road in the Town of Queensbury, New York, and WHEREAS, the Squad plans on paying for the proposed, new Ambulance by using approximately $19,098 in funds currently in the Squad's budget and approximately $162,000 maximum amount of tax-exempt financing at a fixed rate of 4.25% for a five year term with Glens Falls National Bank and Trust Company, and WHEREAS, Town Board approval of such proposed purchase is required by the Squad's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, February 8t1i 2016, the Town Board held a public hearing concerning the Squad's proposed purchase and tax-exempt financing as required by the Squad's Agreement with the Town and the Internal Revenue Code and heard all interested persons, and WHEREAS, the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad's corresponding incurrence of tax-exempt debt and financing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency Squad, Inc.'s proposal to purchase a new 2016 Ford F-450 (4x4 Type 1) Ambulance as set forth in the preambles of this Resolution for an amount not to exceed $181,098, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad's incurrence of approximately $162,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad's assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with Glens Falls National Bank and Trust Company for the purpose of purchasing the new Ambulance and associated equipment, with such tax-exempt financing having a fixed rate of 4.25% with a five (5) year term, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad 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 REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 287 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of February, 2016 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MIN.) NO PUBLIC COMMENT ON RESOLUTIONS. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT 30TH ANNUAL SHAMROCK SHUFFLE ROAD RACE RESOLUTION NO.: 72,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its 30th Annual Shamrock Shuffle Road Race to benefit the Warren-Washington Counties Special Olympics as follows: SPONSOR The Adirondack Runners Club EVENT 30th Annual Shamrock Shuffle Road Race DATE Sunday, March 20t1i 2016 at approximately 11:00 a.m. PLACE Beginning and ending at Glens Falls High School and going through the Town of Queensbury (Letter and maps depicting course attached); REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 288 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Adirondack Runners Club to conduct its 30th Annual Shamrock Shuffle Road Race partially within the Town of Queensbury as set forth in the preambles of this Resolution, contingent upon the Town's receipt of proof of proper insurance from the Adirondack Runners Club, 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 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING RAGNAR EVENTS, LLC TO CONDUCT RAGNAR RELAY ADIRONDACKS 200 MILE OVERNIGHT RUNNING RELAY RACE PARTIALLY WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 73,2016 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Ragnar Events, LLC has requested permission to conduct a 200 mile overnight running relay race partially within the Town of Queensbury as follows: SPONSOR: Ragnar Events, LLC EVENT: Ragnar Relay Adirondacks 200 mile overnight running Relay Race from Saratoga Springs to Lake Placid, NY (email/letter describing the event presented at this meeting) DATE/TlME: September 23rd—24th, 2016 - Approximately 3:00 p.m. — 11:00 p.m. on Friday, September 23rd REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 289 PLACE: Runners will be on the Warren County Bikeway in the vicinity of Birdsall Road, Ash Drive and Glen Lake Road and WHEREAS, the applicant shall be responsible to obtain any other municipal agency's approval(s) as may be necessary for their event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Ragnar Events, LLC to conduct its Ragnar Relay Adirondacks 200 mile overnight running Relay Race to be held on September 23rd — 24th, 2016 partially within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event as well as other municipal agency's approval(s) as may be required. Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _ OF 2016 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED, "ZONING" RELATING TO ADDING KENNEL TO THE COMMERCIAL LIGHT INDUSTRIAL ZONE RESOLUTION NO.: 749 2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2016 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to add "Kennel" to the Commercial Light Industrial Zone and provide for and regulate such land use within the Town of Queensbury, and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 290 WHEREAS, before the Town Board may amend its Zoning Law and/or Map, 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, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, 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 hereby authorizes and directs the Town Clerk to forward copies of the proposed Zoning Law Amendments and supporting SEQRA documentation to the Warren County Planning Department for its review and recommendation, and BE IT FURTHER, 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, February 22"d 2016 to hear all interested persons concerning proposed Local Law No.: of 2016 which provides for certain amendments of the Town of Queensbury's Zoning Law and Zoning Map, 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 Board further authorizes and directs the Town Clerk 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 REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 291 RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Director of Planning, Zoning and Code Compliance and/or Town Counsel 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 2016. Duly adopted this 8th day of February, 2016, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES : None ABSENT: Mr. Irish RESOLUTION AUTHORIZING EXTENSION OF SOFTWARE LICENSE AND SERVICE AGREEMENT WITH MUNICITY SOFTWARE CONSULTING ASSOCIATES RESOLUTION NO.: 75,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 403,2015, the Queensbury Town Board authorized an Agreement with Municity Software Consulting Associates (SCA) for the Town's use of SCA software related to fleet and asset management, and WHEREAS, the Town Board wishes to extend such Agreement from the initial trial period of six months from the signing of the Agreement, to six months after the necessary dei,ices are actually installed and the software is operational, and WHEREAS, a proposed extended Software License and Service Agreement is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the extension of the Software License and Service Agreement between the Town and Municity Software Consulting Associates (SCA) for the Town's use of SCA software related to fleet and asset management, to six months after the necessary dei,ices are actually installed and the software is operational, and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 292 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign such Agreement substantially in the form presented at this meeting along with any other needed documentation and 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 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: 76,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 35 of 2016, the Warren County Board of Supervisors authorized Agreements with certain Towns regarding funding earmarked for combating aquatic invasive species in publicly accessible water bodies other than Lake George in Warren County for the year 2016, including $25,000 in funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake, and WHEREAS, the Town Board wishes to enter into such an Intermunicipal Agreement and accept such funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Intermunicipal Agreement between Warren County and the Town of Queensbury regarding $25,000 in Warren County funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake as delineated above and authorizes and directs the Town Supervisor to execute such Agreement in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 293 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2016 Town Budget and increase revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel take any further action necessary to effectuate the terms of this Resolution. Duly adopted 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT : Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SENIOR CITIZENS, INC. RESOLUTION NO.: 77,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board believes it appropriate and beneficial to provide social and recreational activities and programs to Town of Queensbury senior citizens and therefore wishes to contract with the Queensbury Senior Citizens, Inc. for these types of activities and programs, and WHEREAS, a proposed Agreement between the Town of Queensbury and Queensbury Senior Citizens, Inc. has been presented at this meeting, and WHEREAS, this Agreement is permitted and authorized by New York State General Municipal Law §95A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and Queensbury Senior Citizens, Inc. for the year 2016 with funding for the Agreement REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 294 not exceeding the sum of$20,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EASTERN NY MARINE TRADES ASSOCIATION RESOLUTION NO.: 78,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury has received a request for funding from the Eastern NY Marine Trades Association to assist in funding its Great Upstate Boat Show to be held at the Adirondack Sports Complex(The Dome) in the Town of Queensbury on April 1St—3rd 2016, and WHEREAS, such event will promote the Town of Queensbury, its amenities and prosperity and is expected to draw many people to the Town of Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Eastern NY Marine Trades Association in the amount of$15,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 295 RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Eastern NY Marine Trades Association substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$15,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SOAP BOX DERBY RESOLUTION NO.: 79,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Glens Falls Soap Box Derby in the amount of $5,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Glens Falls Soap Box Derby for the promotion of the 101' Annual Soap Box Derby in the City of Glens Falls in May, 2016, a cooperative effort between the Town of Queensbury and City of Glens Falls, and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 296 WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Soap Box Derby substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING HIRING OF TRAVIS DWYER AS FULL-TIME MOTOR EQUIPMENT OPERATOR FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 80,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there is currently a vacancy in a full-time Motor Equipment Operator(MEO) position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendations to the Town Board to hire Travis Dwyer, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives, and Travis Dwyer is the stepson of Scott Mabb, a Working Supervisor in the Highway Department, REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 297 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Travis Dwyer as a full-time Motor Equipment Operator(MEO) in the Town's Highway Department effective on or about February 9t1i 2016 subject to Mr. Dwyer's successful passing of a pre- employment physical as required by Town Policy and completion of a twenty-six (26) week 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 Mr. Dwyer 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 8th day of February, 2016 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 81,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 298 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: Item Serial No. Dept HP Printer MY73132811-19 Recreation Dell Monitor n/a IT 100-Cafeteria style chairs n/a Town Court 36" Metal Bookcase n/a Bldg & Grounds Small Printer Stand n/a Bldg & Grounds 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: Item Serial No. Dept HP Printer MY73132811-19 Recreation Dell Monitor n/a IT 100-Cafeteria style chairs n/a Town Court 36" Metal Bookcase n/a Bldg & Grounds REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 299 Small Printer Stand I n/a I Bldg & Grounds and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury 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 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT : Mr. Irish RESOLUTION AUTHORIZING ESTABLISHMENT OF HIGHWAY GARAGE CONSTRUCTION PROJECT - CAPITAL PROJECT FUND #208 AND ENGAGEMENT OF C.T. MALE ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES RELATED TO FEASIBILITY STUDY REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 300 RESOLUTION NO.: 82, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to evaluate the feasibility of the construction of a new Town Highway Garage, and WHEREAS, the Town Board therefore wishes to establish a Capital Project for such Project and establish and fund the Revenue and Expense Accounts for the Capital Project in a total amount of$50,000, and WHEREAS, the Town Board wishes to engage the engineering and design services of C.T. Male Associates to assist the Town with evaluating such Project for an amount not to exceed the amount of $13,900 as delineated in C.T. Male Associates' proposal dated February 3, 2016 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the establishment of the Highway Garage Capital Project and the establishment of a Capital Project Fund to be known as the Highway Garage Capital Project Fund #208 which Fund will establish funding for expenses associated with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by a transfer of $50,000 from Capital Reserve Fund #64 to transfer to Highway Garage Capital Project Fund #208, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • 001-9950-9030-0064 Transfer to Capital Project - $50,000 • 208-0000-55031 Interfund Revenue - $50,000 • 208-1620-2899 Capital Construction - $50,000 and REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 301 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2016 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs engagement of C.T. Male Associates to evaluate the feasibility of the construction of a new Town Highway Garage for an amount not to exceed the amount of$13,900 as delineated in C.T. Male Associates' proposal dated February 3, 2016 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Proposal with C.T. Male and any other necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all 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 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT : Mr. Irish RESOLUTION AUTHORIZING STATEMENT OF WORK/AGREEMENT WITH GENERAL CODE TO CONNECT ENERGOV SYSTEM AND LASERFICHE CONTENT MANAGEMENT SYSTEM RESOLUTION NO.: 83, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 302 SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 263,2014, the Queensbury Town Board established the Incode/Energov Computer Software Capital Project Fund #204 and authorized the purchase of the Incode and Energov software and provision of Project Implementation services by Tyler Technologies, Inc., and WHEREAS, due to certain changes in the Energov software capabilities and in order for the Town's Community Development Department to use the new system to the fullest extent, a change to the Project was necessary, and so by Resolution No.: 392,2015, the Town Board authorized an Amendment to Tyler Technologies, Inc.'s original August 8, 2014 proposal to provide for such changes, and WHEREAS, the Town wishes to now engage the services of General Code to develop and implement an integration to connect the EnerGov system with the Town's selected content management system, its Laserfiche Content Management System, as set forth in General Code's Statement of Work/Agreement dated 11/2/2015 and presented at this meeting, for an amount not to exceed $23,530, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes General Code to develop and implement an integration to connect the EnerGov system with the Town's selected content management system, its Laserfiche Content Management System, as set forth in General Code's Statement of Work/Agreement dated 11/2/2015 and presented at this meeting, for an amount not to exceed $23,530, and BE IT FURTHER, RESOLVED, that payment for such services shall be from Computer Software Account No.: 204-1680-2032, 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 provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Statement of Work/Agreement substantially in the form presented at this meeting and any other necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all terms of this Resolution. REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 303 Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT : Mr. Irish RESOLUTION TO AMEND 2015 BUDGET RESOLUTION NO.: 84,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2015 Town Budget as follows: From To Code Appropriation Code Appropriation $ 037-0000-0909 Fund Balance 037-8130-4425 Sewer Treatment GF 2,100 Duly adopted this 8th day of February, 2016 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT : Mr. Irish RESOLUTION SETTING HEARING CONCERNING UNSAFE STRUCTURES LOCATED AT 3 PINELLO ROAD OWNED BY YASMINE BADRUDDIN AND ESTATE OF MOHAMAD BADRUDDIN REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 304 RESOLUTION NO.: 85,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) received complaints and thereafter inspected three (3) mobile homes on lots 3, 4 and 5 located at 3 Pinello Road in the Town of Queensbury (Tax Map No.: 308.15-1-58) and owned by Yasmine Badruddin and the Estate of Mohamad Badruddin and found that the mobile homes are abandoned and in various states of disrepair and collapse such that the mobile homes have tree limbs on them, collapsed porch roofs, broken water and sewer pipes and windows, missing skirting, and the interiors are in states of disrepair, and therefore, the mobile homes are no longer fit for human occupancy, and WHEREAS, the Director sent certified letters to the owners advising that appropriate measures must be taken to demolish the structures and he thereafter issued a Court Summons for such violations but Ms. Badruddin failed to appear and therefore the Town Justice ordered the Director to seek Town Board action to deal with this issue, and WHEREAS, the Director has advised the Queensbury Town Board that in his opinion the mobile homes are dangerous and unsafe to the general public and therefore would like the Town Board to take action if the owners do not come forward to arrange for the demolition of the structures, and WHEREAS, in accordance with Queensbury Town Code Chapter 60 and New York State Town Law §130(16), the Town Board may, by Resolution, determine whether in its opinion a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other persons interested in the property that the structure must be demolished and removed, NOW, THEREFORE, BE IT RESOLVED, that after reviewing the evidence presented at this time, the Queensbury Town Board is of the opinion that the three (3) mobile homes on lots 3, 4 and 5 located at 3 Pinello Road in the Town of Queensbury (Tax Map No.: 308.15-1-58) and owned by Yasmine Badruddin and the Estate of Mohamad Badruddin appear to be dangerous and unsafe to the public, and BE IT FURTHER, RESOLVED, that the Town Board shall hold a hearing concerning such dangerous and unsafe structures on Monday, February 22"d 2016 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 305 RESOLVED, that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement to serve a notice setting forth its determinations upon the property owner or its executors, legal representatives, agents, lessees, or any person having a vested or contingent interest in the property, the contents, service and filing of the notice to be in accordance with the provisions of Queensbury Town Code Chapter 60 and New York State Town Law §130(16). Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF FEBRUARY 9TH, 2016 RESOLUTION NO.: 86,2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of February 4t1i 2016 and a payment date of February 9th 2016, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of February 411i 2016 and a payment date of February 9t1i 2016 totaling $399,080.22, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of February, 2016, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT : Mr. Irish 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES)- NO PUBLIC COMMENT REGULAR TOWN BOARD MEETING, 02-09-2016,MTG 46 306 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (Ward IV)- Spoke regarding a section on Route 149 near Oxbow Hill where there is no cell service. He recently spoke with an attorney working with Verizon concerning this. Hopefully they have remedied the situation by placing antenna on new cell phone Tower in the area. COUNCILMAN CLEMENTS (WARD II)- Thanked Chris Harrington and his crew for all of their hard work with regards to the leak on Cronin Road. They do good work. COUNCILMAN METIVIER(WARD I)-Nothing to report. SUPERVISOR STROUGH-Nothing to report. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 87, 2016 INTRODUCED BY: Mr. William VanNess 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 8th day of February, 2016, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Irish Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury