2016-11-21 MTG #34 REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 810
REGULAR TOWN BOARD MEETING MTG#34
NOVEMBER 21, 2016 RES# 378-393
7:00 P.M. BOH: 37-39
LL #10-11
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
Robert Hafner, Esq.
PRESS
POST STAR
SUPERVISOR STROUGH-Called meeting to order....
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 378, 2016
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 from
Regular Session and moves into the Queensbury Board of Health.
Duly adopted this 21St day of November, 2016, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
BOARD OF HEALTH
PUBLIC HEARING— SEWAGE DISPOSAL VARIANCE APPLICATION OF SCOTT
CARROLL & CHRIS MOTTA
PUBLICATION DATE: NOVEMBER 11, 2016
SUPERVISOR STROUGH reviewed variance requests.
DENNIS MACELROY, agent for the property owners of 73 Brayton Lane, Queensbury
reviewed proposed design with the Town Board.
SUPERVISOR STROUGH opened the public hearing for public comment.
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 811
STEVE O'LEARY, 77 Brayton Lane-I will only be a second, my name is Steve O'Leary and I
am the Carroll's neighbor at 77 Brayton Lane and I just wanted to say that my wife and I are
fully in support of what the Carroll's are doing. It's good for them, it's good for the
neighborhood and it's good for the lake. So I just wanted to go as their neighbor whose most
directly affected by the plan to say that we are completely on board with it and I hope that you
give them a smooth ride for what they're trying to do.
SUPERVISOR STROUGH-Okay, thank you. Anybody else like to speak to the Board about this
proposed variance?
TOWN CLERK BARBER-I do have, if no one else speaks. I did receive a phone call from Joe
Roulier who's a direct neighbor of this application and he is also totally in support of the
proposal and so he did want me to put that on the record.
SUPERVISOR STROUGH-Alright, thank you. Dennis, it appears to be very nicely designed
system I think for what you were given and your variances are minimal, but those are my
thoughts. Any other thoughts by any Town Board member here, either side? Seeing none, I will
close the public hearing.
PUBLIC HEARING CLOSED
RESOLUTION APPROVING SCOTT CARROLL AND CHRIS MOTTA'S
APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES
RESOLUTION NO.: BOH 37,2016
INTRODUCED BY: Mr.Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, Scott Carroll and Chris Motta filed an application for variances from provisions of the
Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace their existing waterfront
wastewater system,with the:
1. Clarus tank of the new system to be located 43' from the lake shoreline in lieu of the 50'
setback required,
2. Pump tank of the new system to be located 8' from the property line in lieu of the 10'
setback required, and
3. Clarus tank/Pump tank of such new system to be located 7' from the dwelling in lieu of the
10' setback required,
on property located at 73 Brayton Lane, Queensbury, and
WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official
newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests
on Monday,November 21s`,2016, and
WHEREAS,the Town Clerk's Office has advised that it duly notified all property owners within 500
feet of the subject property,
NOW, THEREFORE, BE IT
RESOLVED,that
1. due to the nature of the variances,the Local Board of Health determines that the variances would
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 812
not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining
properties nor otherwise conflict with the purpose and objectives of any Town plan or policy,
and
2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable
use of the land and is the minimum variances which would alleviate the specific unnecessary
hardship found by the Local Board of Health to affect the applicants, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health hereby approves the application of Scott Carroll and
Chris Motta for variances from the Sewage Disposal Ordinance to replace their existing waterfront
wastewater system,with the:
1. Clarus tank of the new system to be located 43' from the lake shoreline in lieu of the 50'
setback required,
2. Pump tank of the new system to be located 8' from the property line in lieu of the 10'
setback required, and
3. Clarus tank/Pump tank of such new system to be located 7' from the dwelling in lieu of the
10' setback required,
on property located at 73 Brayton Lane, Queensbury and bearing Tax Map No.: 239.12-2-86, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified
mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and
BE IT FURTHER,
RESOLVED,that this approval Resolution shall not be effective until 30 days after such notice to the
Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during
such period.
Duly adopted this 21"day of November,2016,by the following vote:
AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough
NOES None
ABSENT: None
Town Board held brief discussion with Dennis MacElroy, agent for applicants.
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF STEVE AND CARYN LAFLECHE
RESOLUTION NO.: BOH 38,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 813
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, Steve and Caryn LaFleche (Applicants)have applied to the Local Board of Health for a
variance from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the
Applicants wish to install two (2) 2,000 gallon septic holding tanks for a total of 4,000 gallons of capacity to
replace their existing waterfront wastewater system on property located at 12 Waters Edge Drive 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, December 5t'', 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,
to consider Steve and Caryn LaFleche's sewage disposal variance application concerning property located at
12 Waters Edge Drive in the Town of Queensbury(Tax Map No.: 227.17-1-29)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 21st day of November,2016,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 39, 2016
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. William VanNess
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the
Queensbury Board of Health and enters back into the Town Board of the Town of Queensbury.
Duly adopted this 21St day of November, 2016, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
2.0 PUBLIC HEARINGS
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 814
2.1 PROPOSED LOCAL LAW OF 2016 INCREASING SALARY OF HIGHWAY
SUPERINTENDENT FOR 2017 FISCAL YEAR
SUPERVISOR STROUGH gave brief overview of the proposed local law and opened public
hearing.
JOHN DAVIS, 10 Crownwood Lane-I think the Highway Superintendent definitely deserves a
raise because anytime you can have a twenty-one hundred foot cul-de-sac at the end of John
Clendon Boulevard down five stories for a conservation easement is okay by me and Rush Pond
will accept all the salt from that road. Thank you.
GEORGE WINTERS, 4 John Clendon Road. I am against giving the highway department a
raise. One of the reasons is, and I will just give you one, the last example, collecting of the
leaves. Anybody up there on that Board thinks the way he collected leaves this year was a good
use of town highway department trucks and labor, I'd like to hear from you. They went by my
house five times collecting the leaves. It was in the paper that he wasn't going to do any
backtracking. So then he says he's going to do backtracking. And then when we had the snow,
yup, not going to pick up the brush, spring will do it. And then he says, we're going to do it,
well will pick up the brush. Went around and picked the brush up. And then he says he's not
going to pick anymore up. Then he says he's going to do it. If anybody thinks that's somebody
who knows how to run a department, I'd like to know why. Thank you.
SUPERVISOR STROUGH-Thank you. Yes.
RON BALL, Queensbury-I support it but I don't really think you are giving him enough of a
raise. I really think he should be up around seventy-five thousand (75,000) a year. That job, if
you take into consideration what it amounts to, it's like a highway project where they pay
somebody to be a laborer seventy thousand dollars ($70,000.00) a year working construction and
they're only working probably part of a year. Where he's working year round, supervising, I
don't know how many is on the payroll there but I assume it's quite a few, hundreds and
thousands and million dollars' worth of equipment, overseeing that. And they do a very good job
with the roads I think. There's some things, or issues that are coming up which I don't
understand like they want us to use less salt. I don't get that one bit. I mean, how can they
predict what the weather is going to be? How can they come out and say use less salt when there
is no way you can predict the weather. And if someone is trying to talk them into buying special
equipment to remove the snow, which could skyrocket the cost of a piece of equipment, then we
need somebody like Tommy VanNess to stand up and say, wait a minute, I'm working under a
budget here you know and I think this is just going a little bit over bounds. I don't think we
really need to put the salt, or these plows on these trucks to plow the snow so it's more added
equipment to the truck because the more equipment you've got to the truck, the more problems
you're going to have with the truck. I think the way they do it now is fine and I think they
should, and I think Tommy knows it and hopefully he'll, you know, keep doing it the way he's
been doing it. But it's a tough job, you can't please all of the people all of the time. And I know
there's people that go geez, they come down my street the other day and they had the plow and
the sand and the snow, by the time they got to the end of the street, the snow was melted. Well
true, but they also predicted there could have been a little more snow so he was just trying to get
it down, if there's a little bit of snow maybe that will melt it, I guess, you know. But they do, do
a very good job. All of the employees do a very good job. They are hard workers and I really
don't believe they are being paid the scale that other construction workers are getting, especially
state contract, union jobs. So with that said, I'd like to see him get seventy-five thousand dollars
($75,000.00) a year. Thank you.
SUPERVISOR STROUGH-Thank you. Just for information to the public, you can reduce salt
amounts. Some of it has to do with timing, if you get there at the onset of the snowstorm, you'll
use a lot less salt then you will trying to beat back the snowstorm once it's falling. If you pre-
wet the salt, you'll increase its efficiency and therefore use less. So there are techniques to use
less salt and still have public safety. Just FYI. Anybody else like to speak to this resolution?
Okay, seeing none. Any thoughts on behalf of the Town Board? Hearing none, I will close the
public hearing.
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 815
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO. 10 OF 2016 INCREASING
SALARY OF HIGHWAY SUPERINTENDENT FOR 2017 FISCAL YEAR
RESOLUTION NO.: 379, 2016
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Queensbury Town Board believes it would be in the best interests of the
Town to increase the salary of the Town Highway Superintendent to an amount in excess of the
amount specified in the notice of public hearing on the Town's preliminary budget which was
duly published pursuant to Town Law §108, and
WHEREAS, Town Law §27 authorizes the Town Board to increase the salary of certain
elected officials of the Town, including the Highway Superintendent, to an amount in excess of
the amount specified in the notice of public hearing on the preliminary budget for not more than
one fiscal year by adoption of a Local Law pursuant to the Municipal Home Rule Law, and
WHEREAS, a Local Law has been prepared which would accomplish this change and a
Public Hearing was held on such Local Law, and
WHEREAS, the Town Board has reviewed the draft Local Law and considered any
comments provided at the Public Hearing, and finds that it would be appropriate and desirable to
adopt the Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 10 of 2016
increasing the salary of the Town Highway Superintendent for the 2017 fiscal year to $69,895,
and
BE IT FURTHER,
RESOLVED, that adoption of this Local Law is subject to permissive referendum
pursuant to §27 of New York Town Law and §24 of the Municipal Home Rule Law, and the
Town Clerk is hereby authorized and directed to post and publish the Notice required for Local
Laws subject to permissive referendum, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized and directed to file such Local
Law with the New York Department of State if no petition for referendum is timely filed or, if
such a petition is filed, the Local Law is approved by the electors, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 816
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk and/or Town Counsel to execute any required documents and take any and all actions
necessary to effectuate all terms of this Resolution.
Duly adopted this 21St day of November, 2016, by the following vote:
AYES Mr. Irish, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT : None
ABSTAIN: Mr. VanNess
TOWN OF QUEENSBURY
LOCAL LAW NO. 10 - 2016
A LOCAL LAW INCREASING SALARY
OF TOWN HIGHWAY SUPERINTENDENT
FOR 2017 FISCAL YEAR
Be it Enacted by the Queensbury Town Board as follows:
Section 1. Intent, Authority — The purpose of this Local Law is to increase the salary of the
Town Highway Superintendent for the 2017 fiscal year. It is adopted pursuant to New York
Town Law §27 and Municipal Home Rule Law §10. In particular, Town Law §27 authorizes the
Town Board to increase the salary of certain elected officials of the Town, including the
Highway Superintendent, to an amount in excess of the amount specified in the notice of public
hearing on the preliminary budget for not more than one fiscal year by adoption of a Local Law
pursuant to the Municipal Home Rule Law.
Section 2. Increase of salary — The salary of the Town Highway Superintendent is hereby
increased from $68,524, the amount which was specified in the notice of hearing on the
preliminary budget of the Town for the year 2017, to $69,895 for the fiscal year which begins
January 1, 2017.
Section 3. Repealer; Supersession — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local law are hereby repealed.
Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 5. Effective Date— This Local Law shall be subject to permissive referendum and shall
not become operative or effective unless and until 45 days have elapsed after its adoption and no
petition protesting against this Local Law has been filed with the Town Clerk or, if such a
petition is filed, a proposition for the approval of this Local Law has been submitted and
received the affirmative vote of a majority of the voters voting thereon. If no petition is timely
filed or if a petition is filed and this Local Law is approved, it shall take effect upon filing by the
office of the New York Secretary of State.
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 817
2.2 PROPOSED LOCAL LAW OF 2016 INCREASING SALARY OF TOWN CLERK
FOR 2017 FISCAL YEAR
SUPERVISOR STROUGH gave brief overview of proposed local law and opened the public
hearing.
GEORGE WINTERS, 4 John Clendon Road-Is this included in the budget we just passed last
week? It's in there budget,just to clarify?
SUPERVISR STROUGH-Yes.
MR. WINTERS-I am against this raise too. Thank you.
SUPERVISOR STROUGH-Okay, thank you. Anybody else wish to speak to this? Seeing none,
I'll close the public hearing. Any Town Board thoughts or comments?
PUBLIC HEARING CLOSED
RESOLUTION ADOPTING LOCAL LAW NO. 11 OF 2016 INCREASING
SALARY OF TOWN CLERK FOR 2017 FISCAL YEAR
RESOLUTION NO.: 380, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board believes it would be in the best interests of the
Town to increase the salary of the Town Clerk to an amount in excess of the amount specified in
the notice of public hearing on the Town's preliminary budget which was duly published
pursuant to Town Law §108, and
WHEREAS, Town Law §27 authorizes the Town Board to increase the salary of certain
elected officials of the Town, including the Town Clerk, to an amount in excess of the amount
specified in the notice of public hearing on the preliminary budget for not more than one fiscal
year by adoption of a Local Law pursuant to the Municipal Home Rule Law, and
WHEREAS, a Local Law has been prepared which would accomplish this change and a
Public Hearing was held on such Local Law, and
WHEREAS, the Town Board has reviewed the draft Local Law and considered any
comments provided at the Public Hearing, and finds that it would be appropriate and desirable to
adopt the Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 11 of 2016
increasing the salary of the Town Clerk for the 2017 fiscal year to $69,147, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 818
RESOLVED, that adoption of this Local Law is subject to permissive referendum
pursuant to §27 of New York Town Law and §24 of the Municipal Home Rule Law, and the
Town Clerk is hereby authorized and directed to post and publish the Notice required for Local
Laws subject to permissive referendum, and
BE IT FURTHER,
RESOLVED, that the Town Clerk is hereby authorized and directed to file such Local
Law with the New York Department of State if no petition for referendum is timely filed or, if
such a petition is filed, the Local Law is approved by the electors, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk and/or Town Counsel to execute any required documents and take any and all actions
necessary to effectuate all terms of this Resolution.
Duly adopted this 21St day of November, 2016, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT : None
TOWN OF QUEENSBURY
LOCAL LAW NO. 11 - 2016
A LOCAL LAW INCREASING SALARY
OF TOWN CLERK FOR 2017 FISCAL YEAR
Be it Enacted by the Queensbury Town Board as follows:
Section 1. Intent, Authority — The purpose of this Local Law is to increase the salary of the
Town Clerk for the 2017 fiscal year. It is adopted pursuant to New York Town Law §27 and
Municipal Home Rule Law §10. In particular, Town Law §27 authorizes the Town Board to
increase the salary of certain elected officials of the Town, including the Town Clerk, to an
amount in excess of the amount specified in the notice of public hearing on the preliminary
budget for not more than one fiscal year by adoption of a Local Law pursuant to the Municipal
Home Rule Law.
Section 2. Increase of salary—The salary of the Town Clerk is hereby increased from $67,791,
the amount which was specified in the notice of hearing on the preliminary budget of the Town
for the year 2017, to $69,147 for the fiscal year which begins January 1, 2017.
Section 3. Repealer; Supersession — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local law are hereby repealed.
Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 819
Section 5. Effective Date— This Local Law shall be subject to permissive referendum and shall
not become operative or effective unless and until 45 days have elapsed after its adoption and no
petition protesting against this Local Law has been filed with the Town Clerk or, if such a
petition is filed, a proposition for the approval of this Local Law has been submitted and
received the affirmative vote of a majority of the voters voting thereon. If no petition is timely
filed or if a petition is filed and this Local Law is approved, it shall take effect upon filing by the
office of the New York Secretary of State.
SUPERVISOR STROUGH reviewed proposed resolutions with the public.
3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS
7:40 P.M.
RON BALL referred to resolution 4.11, `Resolution Authorizing Engagement of Miller, Mannix,
Schachner & Hafner, LLC as Town Legal Counsel' and questioned the legal fees proposed.
JIM MACKEY referred to resolution 4.11, `Resolution Authorizing Engagement of Miller,
Mannix, Schachner & Hafner, LLC as Town Legal Counsel' and recommended staying away
from the firm.
TRAVIS WHITEHEAD referred to resolution 4.11, `Resolution Authorizing Engagement of
Miller, Mannix, Schachner & Hafner, LLC as Town Legal Counsel' and resolution 4.12,
`Resolution Authorizing Engagement of Fitzgerald Morris Baker Firth, P.C. as Town Legal
Counsel', noted there should be limits on legal counsel and recommended the new firm.
GEORGE WINTERS referred to resolution 4.11, `Resolution Authorizing Engagement of
Miller, Mannix, Schachner & Hafner, LLC as Town Legal Counsel' and resolution 4.12,
`Resolution Authorizing Engagement of Fitzgerald Morris Baker Firth, P.C. as Town Legal
Counsel' and questioned why the town has to hire two firms.
COUNCILMAN IRISH stated that the town is looking to hire one but there's a difference of
opinion on which one to hire.
JOHN SALVADOR referred to resolution 4.11, `Resolution Authorizing Engagement of Miller,
Mannix, Schachner & Hafner, LLC as Town Legal Counsel' and resolution 4.12, `Resolution
Authorizing Engagement of Fitzgerald Morris Baker Firth, P.C. as Town Legal Counsel' and
noted dissatisfaction with the present firm citing specific town cases.
KATHLEEN SONNABEND referred to resolution 4.11, `Resolution Authorizing Engagement
of Miller, Mannix, Schachner & Hafner, LLC as Town Legal Counsel' and resolution 4.12,
`Resolution Authorizing Engagement of Fitzgerald Morris Baker Firth, P.C. as Town Legal
Counsel' and recommended a change, hiring the new firm.
DAVE STRAINER referred to resolution 4.11, `Resolution Authorizing Engagement of Miller,
Mannix, Schachner & Hafner, LLC as Town Legal Counsel' and resolution 4.12, `Resolution
Authorizing Engagement of Fitzgerald Morris Baker Firth, P.C. as Town Legal Counsel' and
noted that he feels that it does not make any sense to change legal counsel due to all of the years
of experience and knowledge they have of the town and support keeping Miller, Mannix.
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING WATER TREATMENT PLANT
SWITCHBOARD UPGRADES PROJECT, ESTABLISHMENT OF
CAPITAL PROJECT FUND #214 AND ENGAGEMENT OF
DELAWARE ENGINEERING, DPC FOR ENGINEERING SERVICES
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 820
RESOLUTION NO.: 381, 2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Town of Queensbury wishes to establish a Capital Project that will provide for
the replacement of the switchboard at the Town of Queensbury 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$20,900, and
WHEREAS, the Town Water Superintendent solicited and received proposals from three (3)
engineering firms for the preparation of engineering plans for the switchboard upgrades, and
WHEREAS, Delaware Engineering, DPC submitted the lowest and best proposal for such
engineering services related to the Capital Project for the approximate amount of$19,000 as set forth in its
November 1,2016 proposal presented at this meeting, and
WHEREAS, accordingly, the Town Board wishes to establish a Capital Project Fund for the
Project and authorize such engagement of Delaware Engineering, DPC, and
WHEREAS, the Water Superintendent has advised the Town Board that there are times when
Change Orders may become necessary for such Project and has requested that the Town Board also
authorize him to approve and sign certain Change Orders up to a 10% contingency for Change Orders that
he deems necessary or appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Water Treatment Plant
Switchboard Replacement Project and authorizes and directs the establishment of the Water Treatment
Plant Switchboard Replacement Capital Project Fund 9214 in the amount of$20,900 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 $20,900 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 - $20,900
• 214-0000-55031 Interfund Revenue - $20,900
• 214-8320-2899 Capital Construction- $20,900
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and accepts the proposal of Delaware
Engineering, DPC dated November 1, 2016 for professional engineering services for the preparation of
engineering plans for an approximate amount of$19,000, and
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 821
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve
and sign Change Orders pertaining to the Contract up to a 10% contingency or in the total amount not
exceeding $1,900 that he deems necessary or appropriate, 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 establish such appropriations and estimated revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any
needed agreement with Delaware Engineering, DPC 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 any and all actions necessary to effectuate all terms of this Resolution.
Duly adopted this 21"day of November, 2016,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT : None
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR SALE OF OBSOLETE EQUIPMENT
RESOLUTION NO.: 382,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
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
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 Dept. Asset
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 822
6' Oak table with glass top Building&Grounds n/a
4-APC-Back Ups Pro 1000(l 998) IT 3652
4-Net App Hard drives IT n/a
i-Avocert-KDM IT n/a
IoSafe-Solopro 4 tb Hard drives IT n/a
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 Dept. Asset
6' Oak table with glass top Building&Grounds n/a
4-APC-Back Ups Pro 1000(l 998) IT 3652
4-Net App Hard drives IT n/a
i-Avocert-KDM IT n/a
IoSafe-Solopro 4 tb Hard drives IT n/a
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 21s`day of November,2016,by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess
NOES None
ABSENT : None
RESOLUTION AUTHORIZING PURCHASE PROPOSAL OF
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 823
TYLER TECHNOLOGIES, INC. - ADDITIONAL TRAINING
REGARDING ENERGOV COMPUTER SOFTWARE
RESOLUTION NO.: 383,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, by Resolution No.: 263,2014, the Queensbury Town Board established the
Incode/Energov Computer Software Capital Project Fund 9204 and authorized the purchase of the Incode
and Energov software and provision of Project Implementation services by Tyler Technologies, Inc., and
WHEREAS, the Director of Building and Codes Enforcement has advised that additional training
for his office staff related to the Energov software is necessary, and
WHEREAS, Tyler Technologies, Inc., has proposed to provide the additional professional
services and training for a total amount not to exceed $14,500 as set forth in the Purchase Proposal with
an expiration date of 12/15/2016 presented at this meeting, and
WHEREAS, the Town Board wishes to authorize the Purchase Proposal with Tyler Technologies,
Inc.,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Purchase Proposal of Tyler
Technologies, Inc., for additional professional services and training related to the Energov computer
software for a total amount not to exceed $14,500 as set forth in the Purchase Proposal with an expiration
date of 12/15/2016 presented at this meeting, 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
Purchase Proposal and any other necessary Agreements or documentation and the Town Supervisor, Director
of Building and Codes Enforcement and/or Town Budget Officer take any and all action necessary to
effectuate all terms of this Resolution, and
Duly adopted this 21"day of November, 2016,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 824
ABSENT : None
RESOLUTION APPROVING GRANT AWARD FOR CASE #7174 IN
CONNECTION WITH TOWN OF QUEENSBURY HOUSING
REHABILITATION PROGRAM
RESOLUTION NO.: 384,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, by Resolution No.: 235,2015, the Town of Queensbury established a Housing
Rehabilitation Program funded by the New York State Homes and Community Renewal HOME program
which provides grants to cover 100% of the cost of rehabilitation up to a maximum of$25,000, whichever
is less, and
WHEREAS, by Resolution No.: 163,2014, the Town of Queensbury allocated a HOME grant
match up to $6,250 per project as required, as a deferred loan from the Town of Queensbury Revolving
Loan Fund(RLF), and
WHEREAS, a single family property Case File 97174 has been determined to be eligible for
rehabilitation grant assistance and the owner of the property has requested such assistance, and
WHEREAS, general construction specifications were provided to all qualified contractors for bid,
and
WHEREAS, four general contractors turned in bids at the specified date and time, and
WHEREAS, all contractors submitting bids were notified of the low bid amount, and
WHEREAS, Shelter Planning & Development, Inc. has reviewed the bids, and verified all work
to be completed, and determined that the total cost is reasonable and necessary for the work required, and
WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has
verified that it has been followed in this case and recommends approving the grant, and
WHEREAS, in connection with this grant award, the owner or owners will be required to execute
Notes and Mortgages affecting the property for five years, and the Notes and Mortgages will be recorded
in the Warren County Clerk's Office for the benefit of the New York State HOME Program, and
WHEREAS, a lien will be filed against the property as a requirement of the RLF until such time
as the property is transferred, and
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury approves a total grant and deferred loan award of up
to thirty-one thousand two hundred fifty dollars ($31,250.00), for the rehabilitation for Case File 97174,
Queensbury,New York, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 825
RESOLVED that the Town Board authorizes and directs the Town Supervisor to execute the
Grant Award agreement and take such other and further action as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 21"day of November, 2016,by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ROTARY 5K ROAD RACE/WALK
RESOLUTION NO.: 385,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Glens Falls Rotary Foundation, Inc., has requested authorization from the
Queensbury Town Board to conduct its annual 5k road race/walk to benefit the Under the Woods Foundation
and the Warren-Washington Association for Mental Health as follows:
SPONSOR Glens Falls Rotary Foundation,Inc.
EVENT 5k Road Race/Walk
DATE Saturday, April 15'h,2017
TIME Approximately 10:00 a.m.
PLACE Beginning and ending at SUNY Adirondack
(Copy of course attached),
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance
from the Glens Falls Rotary Foundation, Inc., to conduct a 5k Road Race/Walk within the Town of
Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves the Glens Falls Rotary to conduct a 5k Road
Race/Walk within the Town of Queensbury on Saturday, April 15'h,2017, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to the Town Highway
Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at
any time up to the date and time of the event.
Duly adopted this 21"day of November,2016,by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess
NOES None
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 826
ABSENT: None
RESOLUTION AUTHORIZING AMENDMENT OF TOWN OF
QUEENSBURY EMPLOYEE HANDBOOK §607 "OVERTIME PAY AND
COMPENSATORY TIME" AND §802 "SAFETY PROCEDURES"
RESOLUTION NO.: 386,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Queensbury Town Board previously adopted a Town of Queensbury Employee
Handbook(Handbook) delineating Town employee policies and procedures, and
WHEREAS, in order to comply with the Fair Labor Standards Act (FLSA),by Resolution No.: 362,
2016,the Town Board reclassified certain employees to overtime-eligible/non-exempt, and
WHEREAS, while conforming its policies and procedures to reflect such changes in State and
Federal law, the Town Board wishes to revise occasional language of its Handbook to clarify and correct
certain information, and
WHEREAS,the Town Board wishes to accordingly amend its Handbook at§607 entitled, "Overtime
Pay and Compensatory Time"to provide for a change in policy regarding such overtime-eligible/non-exempt
employees and overtime pay policy while remaining in compliance with Federal and State laws, and
WHEREAS, the Town Board also wishes to amend §802 entitled, "Safety Procedures" to correct
accident reporting procedures, and
WHEREAS, such proposed amendments have been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the amendments to its Employee
Handbook as delineated in the preambles of this Resolution and in substantially the form presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to
distribute copies of the amendments to all Town employees and elected officials and amend the Employee
Handbook accordingly.
Duly adopted this 21"day of November,2016 by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess
NOES None
ABSENT: None
RESOLUTION APPROVING ADDENDUM TO SHELTER
PLANNING & DEVELOPMENT, INC. CONTRACT TO PROVIDE
ADMINISTRATIVE AND PROGRAM IMPLEMENTATION ASSISTANCE
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 827
IN CONNECTION WITH $300,000 IN GRANT FUNDS RECEIVED FROM
NEW YORK STATE OFFICE OF COMMUNITY RENEWAL
RESOLUTION NO.: 387,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
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 such Resolution 163,2014 the Town Board also authorized an amount not to exceed
$75,000 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, by Resolution No.: 327,2013 the Town Board engaged the services of Shelter
Planning & Development, Inc. for a three (3) year period or until July 30, 2016 with specific work tasks
and corresponding fees to be authorized via separate contracts, and
WHEREAS, by Resolution 236,2015 the Town approved a contract to engage the services of
Shelter Planning & Development, Inc. to provide administrative and program implementation assistance
in connection with $300,000 in HOME grant funds received from the New York State Office of
Community Renewal, and
WHEREAS, on September 15, 2015 the Town Supervisor subsequently executed a Contract for
Professional Services with Shelter Planning & Development, Inc., and
WHEREAS, the Senior Planner has identified the need to amend the Contract for Professional
Services and has prepared a First Addendum to the September 15, 2015 contract.
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the First Addendum to the
Contract for Professional Services between the Town of Queensbury and Shelter Planning &
Development, Inc., and
BET IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
the First Addendum to the Contract for Professional Services between the Town of Queensbury 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/or Town Counsel, and
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 828
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 21"day of November, 2016 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
RESOLUTION TO AMEND 2016 BUDGET
RESOLUTION NO.: 388,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
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 2016 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1355-
001-1420-4132 Other Legal Fees 4740 Art. 7 Appraisals 8,000
001-1330-
001-1460-1010 Wages 1010 Wages 44,000
001-3510-
001-1990-4400 Contingency 4414 Animal Control 45,000
001-8989-
001-8989-8063 Health Insurance 4414 Comm Contracts 10,000
004-5110-
004-5142-1010 Snow Wages 1010 Highway Wages 135,000
001-8160-
009-1990-1010 Contingency Wages 4449 Trash Disposal R 4,500
001-8160-
009-9060-8060 Health Insurance 4447 Trash Disposal B 7,000
030-0000-0909 Fund Balance Misc. Contractual 2,500
030-8120-
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 829
4400
040-8340-
040-8340-4410 Fuel 2300 Meters 5,000
Duly adopted this 21"day of November,2016 by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess
NOES None
ABSENT : None
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF NOVEMBER 22ND, 2016
RESOLUTION NO.: 389,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant
with a run date of November 17'h,2016 and a payment date of November 22"d,2016,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of
November 17'h,2016 and a payment date of November 22"d,2016 totaling $524,014.76, 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 21"day of November,2016,by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess
NOES None
ABSENT : None
RESOLUTION AUTHORIZING PURCHASE OF 2016 FORD F250 TRUCK
AND RELATED PLOW, RACK AND LIGHTS FOR USE BY
TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 390,2016
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 830
WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board
approval to purchase a 2016 Ford F250 Truck, with related plow, rack and lights, to replace a 2006 Ford
F250 Truck with136,758 miles (Town Asset No.: 4289), and
WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision
in New York State to "piggyback" off an existing County Bid and therefore in this instance, the Town of
Queensbury is"piggybacking"with Chautauqua County Bid#E-11-14 PFTH for the 2016 Ford F250 Truck,
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 2016 Ford F250 Truck for the amount of$28,943.28 from Van Bortel Ford
and the related plow,rack and lights from Arrowhead Equipment for the estimated total, additional amount of
$6,700 to be paid from Vehicles Account No.: 004-5130-2020, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend
the 2016 Town Budget by transferring $35,644 from Health Insurance Account No.: 004-9060-8060 to
Vehicles Account No.: 004-5130-2020 and make any other 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 Budget Officer to engage
the services of auction company GovDeals to sell/dispose of a 1999 Ford F150 Truck (Town Asset No.:
3692) ifnecessalj% and deposit any sales proceeds 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 Supervisor, Highway
Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 21s`day of November,2016,by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess
NOES None
ABSENT: None
RESOLUTION CHANGING ORDER IN AGENDA
RESOLUTION NO.: 391,2016
INTRODUCED BY: Mr.Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 831
RESOLVED,that the Town Board of the Town of Queensbury hereby vote on Resolution 4.12,
`Resolution Authorizing Engagement of Fitzgerald Morris Baker Firth,P.C. as Town Legal Counsel first
before Resolution 4.12, `Resolution Authorizing Engagement of Miller,Mannix, Schachner&Hafner,LLC
as Town Legal Counsel.
Duly adopted this 21"day of November,2016,by the following vote:
AYES: Mr. Clements,Mr.Irish,Mr.VanNess
NOES: Mr.Metivier,Mr. Strough
ABSENT: None
Town Board held discussion,motion made by Councilman Clements with the following amendments to
proposed resolution and agreement listed below:
Resolution Amendments:
In the second whereas: WHEREAS,the Town Board wishes to engage legal counsel on a contractual basis
for 2017,
In the first resolved: RESOLVED,that the Queensbury Town Board hereby authorizes the engagement of
Fitzgerald Morris Baker Firth,P.C. as legal counsel for and on behalf of the Town for 2017 in accordance
with the Agreement for legal services presented at this meeting, and
Agreement Amendments:
In the second whereas: WHEREAS,the Town Board wishes to engage legal counsel on a contractual basis
for 2017.
Number 3, Term and Renewal: The Term of this Agreement shall be from January 1,2017 until December
31,2017. This Agreement may be renewed for the year 2018 under the same provisions or as modified by
Agreement between the Town and Counsel.
Number 4,Fees for Legal Services: For calendar year 2017, annual legal fees for all of the above services
including litigation,bond counsel, labor negotiations, contested personnel matters or other authorized special
projects,will not exceed$120,000 regardless of the actual amount of time spent by Counsel in such
representation. (agreement attached to resolution)
RESOLUTION AUTHORIZING ENGAGEMENT OF
FITZGERALD MORRIS BAKER FIRTH, P.C.
AS TOWN LEGAL COUNSEL
RESOLUTION NO.: 392,2016
INTRODUCED BY: Mr.Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Doug Irish
WHEREAS, the Town of Queensbury requires legal representation in a wide variety of matters
to deal with the numerous legal issues that come before and involve the Town, and
WHEREAS, the Town Board wishes to engage legal counsel on a contractual basis for
2017,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 832
RESOLVED, that the Queensbury Town Board hereby authorizes the engagement of
FitzGerald Morris Baker Firth, P.C. as legal counsel for and on behalf of the Town for 2017 in
accordance with the Agreement for legal services presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Agreement in substantially the form presented at this meeting.
Duly adopted this 21"day of November,2016,by the following vote:
AYES Mr. Clements,Mr.Irish,Mr.VanNess
NOES Mr. Strough,Mr.Metivier
ABSENT: None
5.0 CORRESPONDENCE—NONE
6.0 PRIVILEGE OF THE FLOOR
DAVE STRAINER, Ridge Road referred to salaries for the Highway Superintendent and the Town Clerk
and noted that he has no problem with the raises but feels that these are two highly specialized positions
that should not be elected. Concerned that the next person that runs with no experience will be eligible
for that salary.
RON BALL noted another bad accident recently at the intersection of West Mountain Road and Aviation
Road and recommended the town pursuing a four-way stop sign at that intersection.
KYLE BYRNE, West Mountain recommended a four-way stop sign intersection at West Mountain and
Luzerne Road as well.
KATHLEEN SONNABEND recommended looking at Gurney Lane too due to all of the traffic at the
intersection of West Mountain, Gurney Lane, the exit and entrance to the Northway.
ROMAN JAROSH, 8 Crownwood Lane referred to the Queensbury Central Volunteer Fire Department
siren. For the last seven (7) years it has been silent and they have been able to respond to every
emergency without that siren. Now it has started up again and I live 100 yards from that siren which is
piercing with the windows closed. I have tried to contact the fire department through phone calls and
emails but no response. For quality of life in that neighborhood we want that siren turned off.
COUNCILMAN IRISH noted that he agrees, it's not necessary and has been in contact with Adam
Norton, along with the Supervisor and we will continue to work with them.
TARA ROWLAND, 8 Dorset Place referred to Queensbury Central Volunteer Fire Department siren and
noted that it's so loud when you're in the yard, she's afraid to leave her two small children out there. My
husband works nights, this affects our daily life and we feel it's pointless to compromise at this point and
are requesting to have the siren shutoff.
SUPERVISOR STROUGH noted that we will continue communicating with them and hopefully improve
the situation.
ED SIMMONS, Willow Road noted that he lives behind Prospect School having bought his home six
years ago and if the siren was working at that time, would never had bought it. Also requesting to have
siren turned off.
RICH ATKINSON, Dorset Place referred to the Queensbury Central Volunteer Fire Department siren and
noted his elderly ill mother-in-law lives with them and supports whatever the Town Board can do to get
the siren turned off.
JOHN DAVIS, Crownwood Lane referred to the Queensbury Central Volunteer Fire Department siren,
noted that he lives about 140 yards away and requested that it be turned off. Noted concerns with the
REGULAR TOWN BOARD MEETING, 11-21-2016,MTG 934 833
traffic issues on West Mountain Road, the need for signage and requested that the Town Board work it
out with Warren County and New York State to accomplish that.
GARY DeANGELO, 10 Dorset Place referred to Queensbury Central Volunteer Fire Department siren
and noted that he has lived there for 34 years, has a hearing problem, the piercing sound is painful and
requested that the siren be turned off.
TOWN CLERK BARBER noted that a letter was received at tonight's meeting supporting the siren being
turned off from Darlene Kosinski who lives at 150 Aviation Road. (letter on file as part of record)
7.0 TOWN BOARD DISCUSSIONS
WARD IV- COUNCILMAN VANNESS
• Main Street is progressing well, the hotel is now going up and things are coming into shape.
WARD III—COUNCILMAN IRISH—NOTHING TO REPORT
WARD II—COUNCIMAN CLEMENTS—NOTHING TO REPORT
WARD I—COUNCILMAN METIVIER
• Wished everyone a Happy Thanksgiving
SUPERVISOR STROUGH
• Wished everyone a Happy Thanksgiving
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 393, 2016
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 21St day of November, 2016, by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
Respectfully Submitted,
Caroline H. Barber
Town Clerk
Town of Queensbury