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2017-05-15 MTG#16 REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 185 REGULAR TOWN BOARD MEETING MTG#16 MAY 15TH, 2017 RES#131-144 7:00 P.M. L.L. #4 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN TIM BREWER TOWN COUNSEL KARA LAIS, ESQ. PRESS POST STAR LOOK TV, PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 PUBLIC HEARING PUBLIC HEARING—PROPOSED LOCAL LAW PROHIBITING PARKING ON PORTION OF SOUTH SIDE OF CORINTH ROAD/COUNTY ROUTE 28 PUBLICATION DATE: MAY 5TH, 2017 COUNCILMAN BREWER-Tommy VanNess the Highway Superintendent came to me and asked for a resolution because of the congestion there with people coming in and out of Stewarts. Coming across there is a road directly across from Stewarts with people coming in and out of that road, Big Bay Road, and Corinth Road. The newness of the trampoline park opening up soon he doesn't want to see an influx of people parking on the road and more accidents caused so this the main reason for it, safety. SUPERVISOR STROUGH-Anything else. It is a County Road, but the County allows the Town to address the parking issues on the sides of the road as it does in this case. I will open the public hearing. Is there anybody from the public who would like to speak to this proposed resolution enacting a local law that will prohibit parking on the portion of the south side of Corinth Route 28? PUBLIC HEARING OPENED JOHN FAGEL-What is the benefit to having prohibited parking on that road? SUPERVISOR STROUGH-John you asked what is the rational basis of the No Parking Signs. COUNCILMAN BREWER-Basically safety is the issue. It is a very congested area. The trampoline park is going to open up soon. It is a relatively big building and Tom seems to think it is going to be a very busy business. Their parking lot doesn't look like it is going to be real adequate. If there is a party there and you have to come early for the next party you will get over lapping customers. He is afraid of parking on Corinth Road and just causing more havoc. Pulling out of the parking lots not being able see down the road for pedestrians or whatever or even cars and create accidents. He is trying to be on the safe side. SUPERVISOR STROUGH-Thank you. RON BALL, QUEENSBURY-I think it is a real good idea no parking, one other small thing. Make the Corinth Road two lanes to go east and two lanes go west. So we have four lanes on that Corinth Road. Remove the bridge; expand the bridge keep the four lanes going until you get to the City of Glens Falls, two lanes in each direction. Two lanes going east and two lanes going west then put your no parking signs out on the south. We really should be working on that. REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 186 COUNCILMAN BREWER-Ron it cost us eighteen million or so from .... MR. BALL-That is just for the estimate. COUNCILMAN BREWER-Main Street in Glens Falls was eighteen million. MR. BALL-They should be working on that bridge. COUNCILMAN BREWER-They are working on the bridge now. I don't know exactly what they are doing, but they are working on it. SUPERVISOR STROUGH-Anybody else? KEVIN MARKHAM, QUEENSBURY-I agree a hundred percent what you need to do. I agree with putting the no parking signs up. What is your solution to help these businesses to be successful? What are the solutions have you guys brought? What solutions have they brought to you to help make sure they have enough parking for each of these events? It is easy to say no parking. Let's move on from there. It is not so easy when cars are going to park there anyways. Obviously they will get ticketed or towed, I get all that. What is our solution as a group to make this successful down at the Exit 18 Corridor? COUNCILMAN BREWER-What, I would think is when they go to the Planning Board they have a site plan review. They are supposed to adequately show they have enough parking for the use they have. If they don't then it is partially their fault and partially our fault to be honest with you, I think. Certain uses have a certain amount of parking spots per square feet or per person there. That is the guide that they have to go by. Nothing is perfect. MR. MARKHAM-Exactly, I totally understand that. You know that I run a hotel. I have a hundred and ten rooms. I have two hundred and forty parking spaces. We had anticipated growth for conventions, meetings, things like that. COUNCILMAN BREWER-Exactly. MR. MARKHAM-When we did our planning site we did all these things. Obviously for future, I think one of the things we need to look at is have all the solutions for variables in place so we can say yes or no instead of having all these afterthoughts of why we need a No Parking Sign that belongs up along the side of the road. That's all. That is my only comment. SUPERVISOR STROUGH-Anybody else? Seeing none, any further thoughts from the rest of the Town Board? COUNCILMAN BREWER-Just so the public knows. This was brought to us by the Highway Department. It wasn't our idea. It's not saying it is not a good idea, but I would agree with the guy that just spoke. We should be more proactive in keeping cars off the road so that there is not a need for parking on the roads everywhere in the Town. SUPERVISOR STROUGH-I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION TO ENACT LOCAL LAW PROHIBITING PARKING ON PORTION OF SOUTH SIDE OF CORINTH ROAD/COUNTY ROUTE 28 IN TOWN OF QUEENSBURY RESOLUTION NO.: 131,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 187 WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law which would prohibit parking on the south side of a portion of Corinth Road, also known as County Route 28, in the Town of Queensbury beginning at its intersection with the eastern end of Carey Road heading in a generally easterly direction to its intersection with Big Bay Road, a distance of 1,972'±, and WHEREAS, such legislation is authorized in accordance with New York State Town Law, Vehicle and Traffic Law§1660(18)and the Municipal Home Rule Law, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, and WHEREAS, the Town Board conducted a public hearing concerning the proposed Local Law on Monday,May 15th,2017 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts and enacts the Local Law Prohibiting Parking on a Portion of Corinth Road/County Route 28 in the Town of Queensbury, to be known as Local Law No.:4, of 2017, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and the Local Law will take effect immediately and as soon as allowable under law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to send a certified copy of this Resolution and Local Law to the Warren County Superintendent of Public Works requesting that appropriate no parking signs be posted on the appropriate portion of Corinth Road/County Route 28 and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017 by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.Brewer,Mr. Strough NOES : None ABSENT:None LOCAL LAW NO.: 4, OF 2017 A LOCAL LAW PROHIBITING PARKING ON A PORTION OF CORINTH ROAD/COUNTY ROUTE 28 IN THE TOWN OF QUEENSBURY BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: 1. Purpose: The purpose of this Local Law is to prohibit, under penalty of fine for violation, the parking of any vehicle on the south side of a portion of Corinth Road, also known as County Route 28, in the Town REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 188 of Queensbury beginning at its intersection with the eastern end of Carey Road heading in a generally easterly direction to its intersection with Big Bay Road, a distance of 1,972'±. 2. Definitions: For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," 'Person," and'Park" shall have the same meanings as set forth for the definitions of such words in the Vehicle and Traffic Law of the State of New York. 3. No Parking on south side of Corinth Road, also known as County Route 28, in the Town of Queensbury: No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no person(s) shall park a motor vehicle or other vehicle for any period of time on the south side of a portion of Corinth Road, also known as County Route 28, beginning at its intersection with the eastern end of Cary Road heading in a generally easterly direction to its intersection with Big Bay Road, a distance of 1,972'±. 4. Responsibility of Motor Vehicle Owner: Should any vehicle be found parked in violation of this Local Law, it shall be presumed that the owner of the motor vehicle is the person responsible for parking the motor vehicle in violation and this presumption shall only be rebutted upon a showing by the vehicle owner that another person clearly identified had custody and control of the motor vehicle at the time of such violation. 5. Penalty: Any person violating any provision or paragraph of Section 3 of this Local Law shall, upon conviction,be punishable for a first offense by a fine not to exceed$25, and for a second offense by a fine not to exceed $50. In addition to the aforesaid penalties, the Queensbury Town Board may institute any proper action, suit, or proceeding to prevent,restrain, correct, or abate any violation of this Local Law. 6. Effective Date: This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT—3 MINUTES) JOHN SALVADOR-Spoke to the Board regarding Resolution Authorizing Local Tourism Promotion and Convention Development Agreements Between Town of Queensbury and Certain Organizations. FRANK DITTRICK- REPRESENTING THE WARREN COUNTY LODGING ASSOCIATION-Spoke to the Board regarding Resolution Authorizing Local Tourism Promotion and Convention Development Agreements Between Town of Queensbury and Certain Organizations. KEVIN MARKHAM-Spoke to the Board regarding Resolution Authorizing Local Tourism Promotion and Convention Development Agreements Between Town of Queensbury and Certain Organizations. HAL BAIN-WARD I-Spoke to the Board regarding Resolution Authorizing Local Tourism Promotion and Convention Development Agreements Between Town of Queensbury and Certain Organizations. REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 189 TRAVIS WHITEHEAD, WARD IV-Spoke to the Board regarding Resolution Approving Audit of Bills- Warrant of May 16"', 2017 and Resolution Authorizing Agreement Between Town and Direct Energy Business for Power Sale Natural Gas-Through MEGA Program. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND CONVENTION DEVELOPMENT AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND CERTAIN ORGANIZATIONS RESOLUTION NO.: 132,2017 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, by prior Resolution the 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 of Queensbury has received applications for such occupancy tax funding from various organizations and the Town Board has met and deliberated concerning such funding requests, and WHEREAS, the Town Board wishes to provide funding and enter into Agreements with certain organizations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to the following organizations to assist in funding their various events and authorizes Local Tourism Promotion and Convention Development Agreements (Agreements)between the Town and each organization and authorizes and directs the Town Supervisor to execute the Agreements as follows: NAME OF ORGANIZATION 2017 FUNDING AMOUNT Adirondack Balloon Festival $15,000 Adirondack Theater Festival $ 3,000 Adirondack VetteFest $ 2,000 Chapman Historical Museum $ 8,500 REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 190 Feeder Canal Alliance $ 2,500 Saratoga Musical Union(Glens Falls City Band Concerts) $ 6,230 Glens Falls Collaborative $ 1,500 New York Spyder Riders $ 2,500 New York State Outdoor Writer's Association $ 2,000 Sister Cities Committees $ 1,500 South Warren Snowmobile Club $ 1,000 Under The Woods Foundation/Churney Gurney Festival $ 2,500 Warren County Safe& Quality Cycling $ 2,000 West Glens Falls Volunteer Fire Co./Freedom Festival $ 12,000 West Mountain Ski Center $ 7,000 World Awareness Children's Museum $ 1,000 and BE IT FURTHER, RESOLVED, that such funding shall 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 the Queensbury Town Board hereby authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $70,230 and increasing the revenue coded 050-0000- 51113 Occupancy Tax by $70,230, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2017 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that each 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 15th day of May,2017,by the following vote: AYES Mr.Brewer,Mr. Strough,Mr.Metivier NOES Mr. Clements,Mr.Irish REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 191 ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND DIRECT ENERGY BUSINESS MARKETING, LLC D/B/A DIRECT ENERGY BUSINESS FOR POWER SALE -NATURAL GAS -THROUGH MEGA PROGRAM RESOLUTION NO.: 133,2017 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, by Resolution No.: 71,2015, the Queensbury Town Board authorized an Agreement through the Municipal Electric & Gas Alliance (MEGA) Program with Direct Energy Business Marketing, LLC d/b/a Direct Energy Business for June 1, 2015 through May 31, 2017 in an effort to reduce natural gas costs, and WHEREAS, the Town wishes to again enter into an Agreement through the MEGA Program with Direct Energy Business Marketing, LLC d/b/a Direct Energy Business commencing June 1, 2017 through May 31, 2019 in a continuing effort to reduce energy costs, at the Nymex Plus rate of$0.909/Dth as set forth in Direct Energy Business'proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town of Queensbury and Direct Energy Business Marketing, LLC d/b/a Direct Energy Business commencing June 1, 2017 through May 31, 2019 at the Nymex Plus rate of $0.909/Dth, substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Water Superintendent/Director of Wastewater to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017,by the following vote: AYES Mr.Irish,Mr.Brewer,Mr. Strough,Mr.Metivier NOES Mr. Clements ABSENT : None RESOLUTION AUTHORIZING PROMOTION OF JAMES LAFOY FROM WATER PLANT OPERATOR I TO WATER PLANT OPERATOR II RESOLUTION NO. 134,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 192 WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town Board authorize the promotion of James LaFoy from Water Plant Operator I to Water Plant Operator II at the Town's Water Treatment Plant, and WHEREAS, the Water Superintendent has advised that Mr. LaFoy has passed the Departmental test for the position and has the required job experience, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of James LaFoy from Water Plant Operator I to Water Plant Operator II at the Town Water Treatment Plant effective on or about June 6"',2017 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2017, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial(probationary)period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017 by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF FRANK RICCIO FROM WATER PLANT OPERATOR TRAINEE TO WATER PLANT OPERATOR I RESOLUTION NO. 135,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury's Water Superintendent has recommended that the Town Board authorize the promotion of Frank Riccio from Water Plant Operator Trainee to Water Plant Operator I at the Town's Water Treatment Plant as Mr. Riccio: 1) meets the requirements for the position; 2) has over one year experience operating the Plant, 3)has attained a 2A license from New York State; and 4)has proved proficiency in the laboratory, and REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 193 WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Frank Riccio from Water Plant Operator Trainee to Water Plant Operator I at the Town Water Treatment Plant effective on or about June 6"', 2017 at the rate of pay specified in the Town's CSEA Union Agreement for the position for the year 2017, and BE IT FURTHER, RESOLVED, that in accordance with the Town's Agreement with CSEA, such promotion shall be subject to a 90 day trial(probationary)period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017 by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM CINDRA STEVES RESOLUTION NO.: 136,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr.Brian Clements REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 194 WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Cindra Steves—Huron Plot,Lot No.: 14-13,Deed No.:2930, and WHEREAS, Ms. Steves has requested that the Town's Cemetery Commission buy back such lot, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re- purchase of such lot and approval by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re- purchase of a cemetery lot in the Pine View Cemetery from Cindra Steves—Huron Plot,Lot No.: 14-13,Deed No.:2930, for the amount of$234, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Ms. Steves and properly account for the sales in the Town's books and records. Duly adopted this 15th day of May,2017,by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT: None RESOLUTION AUTHORIZING RAGNAR EVENTS, LLC TO CONDUCT RAGNAR RELAY ADIRONDACKS 200 MILE OVERNIGHT RUNNING RELAY RACE PARTIALLY WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 137,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements 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 REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 195 Relay Race from Saratoga Springs to Lake Placid,NY (email/letter describing the event presented at this meeting) DATE/TIME: Friday, September 22 d 2017 -Approximately 3:00 p.m.— 11:00 P.M. 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 Friday, September 22'd,2017 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 15th day of May,2017,by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT: None RESOLUTION AUTHORIZING TACKETT CHIROPRACTIC'S "RUN FOR THE AGES" 5K RUN/WALK RESOLUTION NO. 138,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 196 WHEREAS, Tackett Chiropractic has requested permission to conduct its "Run for the Ages" 5k Run/Walk to benefit Big Brothers Big Sisters of the Southern Adirondacks and the Glens Falls Senior Center as follows: SPONSOR: Tackett Chiropractic EVENT: 5k Run/Walk DATE: Saturday,June 17th,2017 TIME: Approximately 9:30 a.m. PLACE: Beginning and ending at 19 Homer Avenue, Queensbury NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the "Run for the Ages" 5k Run/Walk 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, 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, and BE IT FURTHER, RESOLVED, that this event shall also be subject to the approval of the Warren County Superintendent of Public Works. Duly adopted this 15th day of May,2017,by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT: None RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 139,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 6ththroughJune 10th, 2017 in the parking REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 197 lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non-motorcycle products and services in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is essentially identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 6"' through June 10"', 2017 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. Northeast Realty shall advise the Town Board of any vendor changes from previous years; 6. Northeast Realty must revise its submitted plot plan to accurately depict the planned vendor locations prior to the Town Clerk's issuance of the License; 7. Northeast Realty must provide to the Town Clerk its proof of a current/renewed occupancy permit from the New York State Department of Transportation for parking in the area along Route 9 prior to the Town Clerk's issuance of the License; 8. The Transient Merchant License shall not be assignable; and 9. Northeast Realty must comply with all regulations specified in Town Code §160-8; REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 198 and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Planning, Zoning and Code Compliance to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff's Office enforce off-road parking issues on Route 9 and throughout the community. Duly adopted this 15th day of May,2017,by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT : None RESOLUTION AUTHORIZING PARTICIPATION IN WARREN COUNTY EMPLOYMENT AND TRAINING YOUTH EMPLOYMENT PROGRAM RESOLUTION NO.: 140,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Warren County Employment & Training Administration (Warren County) has submitted information to the Queensbury Town Clerk requesting the Town's participation in Warren County's 2017 Youth Employment Program,which Program provides for eligible youth ages 14—21 to work with non-profit and public agencies that can provide a quality work experience, and WHEREAS,by participating in such Program, eligible youth is trained to be good employees so that they are better prepared for their future while the Program also helps to promote a better understanding of local government services and fosters a spirit of cooperation between local students and the Town, and WHEREAS, participating in such Program allows the Town to provide additional services to its citizens at no expense to the Town, and REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 199 WHEREAS, the Program provides insurance coverage for participating students while working at the Town, and WHEREAS, participation in the Program will not impair any existing contract for services or collective bargaining agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Clerk to participate in the Warren County Employment & Training Administration's 2017 Youth Employment Program as delineated in the preambles of this Resolution and to execute a Worksite Agreement for each student participant, provided that the Town of Queensbury's Unit of the Civil Service Employees Association, Inc. concurs with such arrangement, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Clerk to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017,by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT : None RESOLUTION AUTHORIZING PROMOTION OF DALE BARROWS FROM HEAVY EQUIPMENT OPERATOR TO WORKING SUPERVISOR IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO. 141,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Town of Queensbury's Highway Superintendent has advised that there is currently a vacancy in the Working Supervisor position in the Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 200 WHEREAS, Dale Barrows, a current full-time Heavy Equipment Operator (HEO) within the Department,has requested a promotion to the position, and WHEREAS,the Highway Superintendent recommends that the Town Board authorize the promotion of Dale Barrows from HEO to Working Supervisor as Mr. Barrows has met the qualifications and has the required job experience for the position, and WHEREAS,the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Dale Barrows from Heavy Equipment Operator(HEO) to Working Supervisor in the Town Highway Department effective on or about May 16"', 2017 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the Working Supervisor position, subject to a ninety(90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017 by the following vote: AYES Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES Noes ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION IN CONNECTION WITH BOAT LAUNCH INSPECTION AND BOAT WASH SYSTEM RESOLUTION NO.: 142,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Lake George Park Commission (LGPC) has implemented a Lake George boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain invasive species, and has requested that the Town of Queensbury partner with LGPC and other REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 201 municipalities to assist with the procurement and acquisition of essential program equipment and support services and associated administrative expenses by contributing$30,000, and WHEREAS, by prior Resolution the 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 in the requested amount of$30,000, with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the Town and the Lake George Park Commission (LGPC) substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of$30,000 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 confirmation by the Town that unallocated occupancy tax funds are available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Budget Officer to amend the Town Budget and take all actions as may be necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer taking such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017,by the following vote: REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 202 AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT:None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF MAY 16TH, 2017 RESOLUTION NO.: 143,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of May 11"', and a payment date of May 16"',2017, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of May 11`x',2017 and a payment date of May 16th,2017 totaling $576,197.95, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of May,2017,by the following vote: AYES : Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES : None ABSENT :None 4.0 CORRESPONDENCE NONE 5.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) RON BALL, QUEENSBURY-Spoke to the Board regarding the funding of Rush Pond Trail. JOHN SALVADOR, NORTH QUEENSBURY-Spoke to the Board regarding the Marina Regulations relating to boathouses and boat docks on the navigable waters of the State. TRAVIS WHITEHEAD-Spoke to the Board regarding the process of funding for the Occupancy Tax. HAIL BAIN-WARD ONE-Spoke to the Board noting his disappointment with the passing of Resolution Authorizing Local Tourism Promotion and Convention Development Agreements Between Town of REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 203 Queensbury and Certain Organizations. Asked Councilman Metivier with the Student Connection in Lake George would they be interested in bikes,noting has two or three bikes if the students could use them. KEVIN MARKHAM, QUEENSBURY-Spoke to the Board regarding the foreign students that work for his hotel noting that they supply the students the bikes. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER(WARD IV) • Nothing to report. COUNCILMAN IRISH(WARD III) • Spoke regarding Occupancy Tax relating to the Town of Queensbury Recreation Department explained the process of why they qualify for it. • Attended Baskets for Ben on Friday evening, thanked everyone who is involved with this event. • Spoke regarding calls he has received with the new Ward boundaries and when the change was made. Asked Supervisor Strough if the Town could put an ad in the newspaper or some type of notice for the people who have had their Wards changed. COUNCILMAN CLEMENTS (WARD II) • Attended a meeting on May 9�h, 2017 regarding the Student Connection at the Village Hall of Lake George,read report into record. COUNCILMAN METIVIER(WARD I) • Spoke regarding the Student Connection noting that there are plenty of jobs at the lake that these students are not taking jobs from local children. If children are interested in applying for a job to go up to the lake. SUPERVISOR STROUGH • Spoke regarding the Albany Business Review's Article of March 24, 2017 regarding Exit 18. • Thank you letter sent to all Town Board Members from Town Historian, Marilyn VanDyke regarding her retirement gift. • Read the dates for the Annual Spring 2017 Pick-Up Schedule • Prime Safety Analysis Report noting Town of Queensbury is looking good. • Household Hazardous Waste Day to be held on Saturday, May 20'h, 2017 at the Warren County DPW and Saturday, June 17th, 2017 to be held at the Town of Queensbury from 9:00a.m. to 2:00 p.m., you may register online on the Warren County site. • Read the Supervisor's Report to the Board and Community. • Memorial Day Parade to be held on Monday, May 29�h, 2017. This year's theme is Freedom, Courage, Sacrifice. • Thanked Look TV and sponsors StoredTech for televising the meetings. REGULAR TOWN BOARD MEETING, 05-15-2017, MTG 416 204 RESOLUTION ADJOURING REGULAR TOWN BOARD MEETING RESOLUTION NO. 144,2017 INTRODUCED BY: Mr. Tim Brewer 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 15'h day of May, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES: None ABSENT:None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY DEPUTY CLERK KAREN A. O'BRIEN