Loading...
2013-10-07- Mtg 39 REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 413 REGULAR TOWN BOARD MEETING MTG. #39 October 7, 2013 RES. 394-415 7:00 PM BOH 25-27 TOWN BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR LOOK TV TOWN OFFICIALS CONNIE GOEDERT, CEMETERY SUPERINTENDENT DARLEEN DOUGHER, TOWN CLERK JIM FITZGERALD, ANIMAL CONTROL OFFICER PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 394, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. John Strough RESOLVED, that the Town Board of the Town of Queensbury hereby moves into the Queensbury Board of Health. Duly adopted this 7th day of October, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH SUPERVISOR MONTESI-Dennis you are here to represent Lawrence? John and I both visited this site and Tony DENNIS MACELROY- Correct, good evening, I'm Dennis MacElroy with Environmental Design representing the Busino's on this variance request for a replacement wastewater system. The property is 65 Mason Road; it's on the west facing shore of Cleverdale, on the Harris Bay side. It's a lot that's approximately forty-four hundredths of an acre, it supports an existing residence and the owner would like to rebuild a wastewater system to serve that residence. We proposed the system and based on where the plumbing comes from the house and what it's REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 414 replacing, we'd like to put the tanks on the southerly side of the house, the existing house and we can meet the ten foot setbacks to the property line, but the tanks would both be located closer than the ten feet that's normally suggested for that. So it's a relatively simple variance request but one that I think is appropriate to get a new system on this property. SUPERVISOR MONTESI- All of the plumbing comes out that side of the house too MR. MACELROY- Correct, correct. That's where the existing tank and dispersal are is, there's no pump as part of that system so everything has to be gravity, and therefore whatever dispersal field there is has to be in that area and closer to the Lake. So, what we're proposing is to get the system, the field, to the back part of the lots, so that's certainly an improvement. SUPERVISOR MONTESI-Right, I mean that's got to be a win, win for the Lake in terms of environmentally MR. MACELROY- Correct SUPERVISOR MONTESI-We're moving the leech field away from the Lake COUNCILMAN CLEMENTS- That's good, and you're only asking for a three foot variance? MR. MACELROY- Three feet, correct, yes SUPERVISOR MONTESI- Any other questions? Any member of the public that would like to comment? Okay, thank you Dennis. Did you get my email? MR. MACELROY- Yes, thank you COUNCILMAN STROUGH- All right, I'll make a motion to approve COUNCILMAN METIVIER- And I'll second RESOLUTION APPROVING LAWRENCE BUSINO'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: B.H. 25,2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Lawrence Busino submitted an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater system for the existing 100 year old residence, currently being served by a non- conforming system, with the location of proposed septic tank and pump tank to be located seven REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 415 feet (7') from the dwelling instead of the required ten feet (10') setback on property located at 65 Mason Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, October 7th, 2013, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, the Local Board of Health determines that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves Lawrence Busino's application for a variance from the Sewage Disposal Ordinance to install a replacement wastewater system for the existing 100 year old residence, currently being served by a non-conforming system, with the location of proposed septic tank and pump tank to be located seven feet (7') from the dwelling instead of the required ten feet (10') setback on property located at 65 Mason Road in the Town of Queensbury and bearing Tax Map No.: 226.12-1-14. Duly adopted this 7th day of October, 2013, by the following vote: REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 416 AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None SUPERVISOR MONTESI- Anyone here to speak for the Soresino's? John and I went, and I know this is setting the public hearing, John and I went to this site and I think Brian. This is going to be a difficult approval process, there's three wells that are all within one hundred and fifty feet of the septic system. One is fifty-eight feet, pretty small lots; we'll see... I wish somebody was here from the Soresino's because I think they are going to need to do a little more homework on this. But anyway, we're just setting the public hearing tonight. RESOLUTION SETTING PUBLIC HEARING ON SANITARY SEWAGE DISPOSAL VARIANCE APPLICATION OF PATRICIA AND RAYMOND SORESINO RESOLUTION NO.: B.H. 26,2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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, Patricia and Raymond Soresino have applied to the Local Board of Health for variances from Chapter 136 to install a seepage pit: 1. 58' from their well; 2. 110' from a neighbor's well; and 3. 142' from a neighbor's well; instead of the required 150' setbacks on property located at 16 Snug Harbor, Queensbury, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 417 RESOLVED, that the Local Board of Health for the Town of Queensbury will hold a public hearing on Monday, October 21St, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Patricia and Raymond Soresino's sewage disposal variance application concerning property located at 16 Snug Harbor, Queensbury (Tax Map No.: 290.5-1- 23) 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 subject property as required by law. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: B.H. 27, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns its meeting and moves back in regular session. Duly adopted this 7th day of October, 2013 by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 2.0 HEARING REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 418 MARK LEBOWITZ-I represent the owner of 220 Corinth Road, which is a single family residence directly across from Stewart's. What's being sought is a waiver from the obligation to connect to the sewer line. The house, along with two adjacent parcels including the seventeen acre parcel immediately adjacent to McDonald's is under contract for sale and it is likely that once sold it will be asked to demolish the house in conjunction with the development of the property. SUPERVISOR MONTESI-We knew Mark when we put the sewer line in that there would be a lot of homes that would be sold for development of Main Street so we are granting some of these variances as we go along. COUNCILMAN BREWER-It's amazing how our plans working SUPERVISOR MONTESI- All right, any questions? Anyone from the public that would like to comment? Okay COUNCILMAN BREWER-I'll make a motion to approve COUNCILMAN STROUGH-I'll second RESOLUTION APPROVING FOUR M LIMITED PARTNERSHIP'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136—SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 395, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Four M Limited Partnership (Applicant) applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements to connect its property located at 220 Corinth Road, Queensbury to the West Queensbury Sanitary Sewer District as set forth in their August 30th, 2013 application, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to the Applicant and the Town Board conducted a hearing concerning the variance/waiver request on Monday, October 7u', 2013, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 419 NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the Applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Four M Limited Partnership's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants Four M Limited Partnership a two (2) year extension of time or until October 7th, 2015 in which to connect its property located at 220 Corinth Road, Queensbury (Tax Map No.: 309.13-1-35) to the Town's West Queensbury Sanitary Sewer District, provided that the Applicant connect to the West Queensbury Sanitary Sewer District within two (2) years and no further extensions will be granted, and in the meantime, if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the property must connect to the West Queensbury Sanitary Sewer District, BE IT FURTHER, RESOLVED, that Applicant shall pay all charges due as if its property was connected to the West Queensbury Sanitary Sewer District, and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 420 BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Civil Engineer/Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013 by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) JOHN SALVADOR- Commented on resolution 4.1 entitled Resolution Supporting Amendment to New York State Navigation Law Regarding Regulation of Docks, Boathouses and Moorings on Lake George. Questioned why other towns in Warren County have not been included in this? Spoke further regarding the navigation laws and regulations of vessels. This it is going to put an increased burden on the Town from a cost point of view. The Town is going to have to do these inspections. RON MILLER- Spoke regarding boating issues on Lake George. Concerned about unsafe boat handling, and the near misses that happen all day long as boats enter and exit Sandy Bay at high speeds. Many boaters seem unaware of speed restrictions and local anchorage rules. Unfortunately, some boaters also have no regard for private property; in addition, Asian Clams have now been found in Sandy Bay. Residents are looking to the Board for their help in eliminating the boating hazards and preventing damage to the Lake and property. The Lake George Park Commission is involved and in order to prevent overcrowding, congestion, reduce noise, protect safety and water quality the Lake George Park Commission has designated the Sandy Bay area as a restricted use zone in one of their sections. The areas defined by a line that runs east-west 1800 feet north of the southern shore line of Sandy Bay. For many years the regulation and restrictions were not properly enforced in Sandy Bay because the buoys were marked at 1200 feet, but the 2014 season will be different because a group of residents has petitioned the Lake George Park Commission successfully to correct this problem. The Park Commission has assured them that the Sandy Bay area will be marked property at 1800 feet and that there will be appropriate enforcement of the regulations. These same residents would like the Town of Queensbury to do their part by changing the ordinance regulating the speed of mechanically propelled vessels in Sandy Bay. They are asking for a change that would move the five mile an hour zone out to match the 1800 foot dimension of the restricted use zone. The current five mile per hour line is at 1500 feet. In the interest of safety, water quality and property please take the steps necessary to change the ordinance. DOUG IRISH- REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 421 • Added to Mr. Miller's comments and suggested that if they move that out to 1800 feet no additional moorings go in there; that would defeat the purpose. • Asked the Board to consider postponing a vote on resolution 4.6, entitled Resolution Authorizing Implementation and Funding in First Instance 100% of Federal Aid and State "Marchiselli" Program Aid-Eligible Costs of a Transportation Federal—Aid Project and Appropriating Funds Therefore- Aviation Road/Dixon Road/Farr Lane Intersection Improvements- Row Acquisition. Thinks that the issue with the traffic circle at Farr Lane and Aviation Road has been around for quite a while and doesn't think that voting on this tonight before the Town Board changes over, there might be some folks that are going to serve on the Board that have a different point of view about what goes on up there. The concern he has is that there are construction costs that don't include the cost for land acquisition and the resolution is for right of way acquisition without any costs, so he is a little hesitant to have a town board or any government body vote on spending money when they don't know what the cost is going to be. Stated that the traffic problem in that area is caused by the School, it's not caused by that intersection by itself. His fear is that putting a traffic circle in there and not correcting the traffic issues at the school is going to create an even bigger problem between that traffic circle and the school itself on the days when we have traffic problems there. COUNCILMAN STROUGH- Explained that there have been numerous public meeting on this subject and it's been an eight year process; they have done and Exit 19 Corridor Study and Aviation Corridor Study. All the traffic experts repeatedly said the same thing, it is a problem, not only a problem with traffic flow, but it's a problem with public safety, and a round-about is the best solution and the most economical solution; and the cost does include acquisition. HARRISON FREER- Agrees with Ron Miller's statements regarding the boating issues on Lake George. Mr. Miller is doing a great job and hopes that they can move forward towards a solution. BARBARA SIMMS- Thanked the Board Members who have helped them through the petition process with regards to resolution 4.4 entitled Resolution Authorizing Preparation of Map, Plan and Report for Wastewater Management to Serve Properties in Vicinity of Dunham's Bay. Also thanked Carlene Ramsey in Building and Codes for all her assistance as well. 4.0 RESOLUTIONS RESOLUTION SUPPORTING AMENDMENT TO NEW YORK STATE NAVIGATION LAW REGARDING REGULATION OF DOCKS,BOATHOUSES AND MOORINGS ON LAKE GEORGE RESOLUTION NO.: 396, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 422 WHEREAS, New York State Navigation Law §46-a(2) lists municipalities which are authorized to regulate docks, boathouses and moorings on bordering waters to a distance of 1500 feet from the shoreline, and WHEREAS, the Queensbury Town Board wishes to request that the New York State Legislature amend such provision to add the phrase, "the towns of Lake George and Queensbury in the county of Warren," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests and supports adoption of State legislation amending New York State Navigation Law §46-a(2) to add the phrase, "the towns of Lake George and Queensbury in the county of Warren,"and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor's Office to forward certified copies of this Resolution to the New York State Governor, the President of the New York State Senate, the Speaker of the New York State Assembly, State Senator Elizabeth Little and Assemblyman Daniel Stec. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY SPARTAN HOCKEY RESOLUTION NO.: 397,2013 REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 423 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury has received a request for funding in the amount of $4,000 from Queensbury Spartan Hockey to support construction of a new locker room within the Glens Falls Recreation Center, and WHEREAS, Queensbury Spartan Hockey is holding its Annual Thanksgiving Invitational Tournament and the Grandstanders Tournament during the Christmas/New Year's holidays, which events are expected to draw participants and supporters to the Town of Queensbury, City of Glens Falls and the surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by prior Resolution, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to Queensbury Spartan Hockey in the amount of$4,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and Queensbury Spartan Hockey has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to Queensbury Spartan Hockey as delineated in the preambles of this Resolution and authorizes the REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 424 Agreement between the Town and Queensbury Spartan Hockey substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with funding not to exceed the sum of $4,000 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 the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED, that such Agreement is contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON REDTAIL HAWK HOLDINGS,LLC'S APPLICATION FOR PLACING A MOBILE HOME OUTSIDE OF A MOBILE HOME COURT RESOLUTION NO.: 398, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 425 WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, and WHEREAS, Redtail Hawk Holdings, LLC has filed a"Town Board Application for Placing a Mobile Home Outside of a Mobile Home Court" to seek Town Board approval to upgrade a 1968 mobile home with a 1980 mobile home on property located at 13 Columbia Avenue in the Town of Queensbury(tax map no.: 309.7-1-27), and WHEREAS, the Town Board wishes to conduct a public hearing regarding this Application, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 21St, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Redtail Hawk Holdings, LLC's Application for Placing a Mobile Home Outside of a Mobile Home Court concerning property situated at 13 Columbia Avenue in the Town of Queensbury(tax map no.: 309.7-1-27) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish and post a copy of the Notice of Public Hearing as required by law. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 426 RESOLUTION AUTHORIZING PREPARATION OF MAP,PLAN AND REPORT FOR WASTEWATER MANAGEMENT TO SERVE PROPERTIES IN VICINITY OF DUNHAM'S BAY RESOLUTION NO.: 399, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board recognizes that the performance of onsite and clustered wastewater treatment systems is a concern and integral part of regional and state initiatives to protect and preserve the water quality and natural resources of the Lake George Basin, and WHEREAS, there are recognized potential benefits to be accrued by the community as well as individual property owners through the establishment of effective wastewater treatment management programs that include: o Protection of public health and local water resources; o Protection of property values; o Ground water conservation; o Preservation of local tax base; and o Onsite system life-cycle cost savings; and WHEREAS, the Town Board, by recognizing public input in the form of informal petitions of individual property owners in the vicinity of the Dunham's Bay area of Lake George as shown on the map attached, has determined there exists a significant level of public interest in progressing the concept of ensuring the effective management of onsite wastewater disposal systems in the Dunham's Bay area of the Town, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 427 RESOLVED that the Queensbury Town Board hereby authorizes the preparation of a Map, Plan & Report at no cost to the Town of Queensbury as it will be paid for by a New York State grant, including, without limitation, a survey map of the proposed District with a metes and bounds description of the proposed District, and a list of the owners of real property within such proposed District along with their addresses and each property's tax map number, and the corresponding environmental impact review required under New York State Environmental Quality Review Act (SEQRA) with the assistance of the Lake George Watershed Coalition for the purpose of the establishment of an On-Site Wastewater Management District in the Dunham's Bay area of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that after the Map, Plan and Report is finalized and approved, the Town Board further authorizes the preparation of a Petition for property owners within the proposed District formally seeking the establishment of such District, BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Town Counsel and/or Budget Officer to take all such actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 428 ABSENT: None RESOLUTION AUTHORIZING HIRING OF BRITTANY TROJANEK AS TEMPORARY, PART-TIME CEMETERY SECRETARY RESOLUTION NO.: 400, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Board wishes to hire a Temporary, Part-Time Secretary to work for the Cemetery Department up to 25 hours a week through October 31St, 2013 while the Town's current Part-Time Cemetery Secretary is out on medical leave, and WHEREAS, Brittany Trojanek a former temporary employee in the Town's Department of Parks and Recreation has indicated a willingness to assist the Town by working as such Temporary, Part-Time Cemetery Secretary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Brittany Trojanek as a Temporary, Part-Time Cemetery Secretary to work up to 25 hours a week through October 31St, 2013 while the current Part-Time Cemetery Secretary is out on medical leave Act, effective as of September 30t1i 2013, and BE IT FURTHER, RESOLVED, that Ms. Trojanek shall be paid $14.15 per hour, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 429 RESOLVED, that should the Town's current Part-Time Cemetery Secretary be unable to return to employment by November 1St, the Town Board authorizes the continued employment of Ms. Trojanek for an additional 30—60 days with such future employment determination to be made by the Town Cemetery Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery 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 7th day of October, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF FEDERAL AID AND STATE "MARCHISELLI" PROGRAM AID-ELIGIBLE COSTS OF A TRANSPORTATION FEDERAL-AID PROJECT AND APPROPRIATING FUNDS THEREFORE—AVIATION ROAD/DIXON ROAD/FARR LANE INTERSECTION IMPROVEMENTS—ROW ACQUISITION RESOLUTION NO.: 401, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, a Project for the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project) is eligible for REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 430 funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, by Resolution No.: 232,2012, the Town Board authorized and approved the Project and authorized and directed that the sum of$273,702 (two-hundred seventy-three seven hundred two dollars and no cents) ($258,385 for Preliminary Engineering and $15,317 for Right- of-Way Incidentals) be made available to cover the cost of participation in the Project, with such sum of$273,702.00 to be appropriated from the established Capital Project Fund known as the "Aviation Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192," which Fund established funding for expenses associated with the grant funds and established initial appropriations and estimated revenues for Capital Project Fund #192 in the amount of$273,702 funded from grant funds received by the Town and from the Town's Capital Reserve Fund #64, and WHEREAS, the Town of Queensbury wishes to again advance the Project by making a commitment of 100% of the non-federal share of the costs of Design and Right-of-Way (ROW) Incidentals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms the Project for the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to pay in the first instance 100% of the federal and non-federal share of the cost of ROW Acquisition work for the Project or portions thereof, and BE IT FURTHER, RESOLVED, that the sum of $273,702 (two-hundred seventy-three seven hundred two dollars and no cents) ($258,385 for Preliminary Engineering and $15,317 for Right-of-Way Incidentals) has already been appropriated and made available to cover the cost of participation in the above phases of the Project, and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 431 BE IT FURTHER, RESOLVED, the Town Board further authorizes and directs that the additional sum of $124,293 (one-hundred twenty-four thousand two hundred ninety three dollars and no cents) be made available to cover the cost of participation in the ROW acquisition phase of the Project, with such sum of $124,293 to be appropriated from the Aviation Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192 and establishes additional appropriations and estimated revenues for Capital Project Fund #192 in the amount of$124,293 to be funded from grant funds received by the Town and from the Town's Capital Reserve Fund#64, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase appropriations and revenues as necessary: • Increase Appropriation 192-8020-4400 - Misc. Contractual by $124,293; • Increase Revenue 192-0000-54597 —Federal Aid, Transportation Capital Projects by $99,435; • Increase Revenue 192-0000-55031 —Interfund Transfers by $24,858; • Increase Expense 001-9950-9030-0064 - $24,858 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the Capital Reserve Fund#64 up to $124,293 until such time as grant funds are received, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 432 RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that in the event that the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Queensbury Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the Town of Queensbury with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury's Senior Planner to file a certified copy of this Resolution with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately, and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 433 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Senior Planner to take all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with General Municipal Law §6-c(8) and shall not take effect until such time as provided, and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None ABSTAINED: Mr. Clements RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA) RESOLUTION NO.: 402, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 434 WHEREAS, the Town of Queensbury (Town) previously entered into an Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) regarding employment of the Town's CSEA members, and WHEREAS, the Agreement terminated as of December 31St, 2012, and WHEREAS, the Town and the CSEA negotiated terms and have come to an agreement concerning a new Collective Bargaining Agreement to be executed between the parties, and WHEREAS, a September 19th 2013 Memorandum of Agreement, agreed to by majority vote of the membership on September 30t1i 2013, has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, affirms and ratifies the September 19th 2013 Memorandum of Agreement between the Town of Queensbury and Town of Queensbury Unit of the Civil Service Employees Association, Inc. presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute a new Collective Bargaining Agreement for the years 2013 through 2015, such new Collective Bargaining Agreement to incorporate the September 19t1i 2013 Memorandum of Agreement terms, and BE IT FURTHER, RESOLVED, that to the extent that the terms of the Collective Bargaining Agreement are being amended by such Memorandum of Agreement and are different than as set forth in previous REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 435 Resolutions of the Town Board, this Resolution shall supersede the Town Board's earlier actions with regard to employees covered by the Collective Bargaining Agreement, 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 necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY REGARDING ANIMAL CONTROL OFFICER SERVICES AVAILABLE TO WARREN COUNTY SHERIFF'S OFFICE RESOLUTION NO.: 403, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury employs a full-time Animal Control Officer (ACO) who is a duly appointed Dog Control Officer in accordance with the New York State Agriculture and Markets Law Article 7 and applicable Town local laws or ordinances, and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 436 WHEREAS, while in the course of conducting law enforcement activities throughout Warren County, the Warren County Sheriffs Office (Sheriffs Office) may encounter dogs including dangerous dogs or other animals at properties where such investigations are ongoing and the Sheriffs Office asserts that there is a need for the dogs or other animals to be handled by an animal control professional, and WHEREAS, the Town's ACO wishes to provide assistance to the Sheriffs Office in conjunction with such law enforcement activities and the Town is willing to make the Town's ACO available to the Sheriffs Office to provide support for law enforcement services within the boundary of Warren County at no cost to the Sheriff s Office or to Warren County, and WHEREAS, the Town and Warren County wish to enter into a Intermunicipal Agreement concerning such proposed ACO services substantially in the form presented at this meeting, and WHEREAS, the Town Board feels that such an Intermunicipal Agreement will benefit Town and County residents and therefore wishes to authorize such Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Intermunicipal Agreement with Warren County concerning Town of Queensbury Animal Control Officer services available to the Warren County Sheriff s Office, such Intermunicipal Agreement to be substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement and the Town Supervisor, Animal Control Officer, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 437 AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION AUTHORIZING PETER SMITH TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 404, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Town Highway Department Foreman Peter Smith will be out for a period of time for medical reasons effective November 7th and will therefore accumulate 10 vacation days which he will be unable to use before December 31St, 2013, and WHEREAS, the Town Highway Superintendent has requested that the Town Board authorize the carry-over of Mr. Smith's 10 vacation days beyond December 31St, 2013, and WHEREAS, the Town Board wishes to approve such request with the understanding that such approval shall not be considered as a precedent for approval of any future requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Peter Smith to carry over 10 vacation days beyond December 31St, 2013, such time to be utilized within three (3) months of his return to work, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 438 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 405,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 439 WHEREAS, the following is the list of surplus items provided by the various Town Departments: Serial Description Number Dept. Excel Hustler Mower 00082001 Cemetery Olympus Camera 230523620 Historian Bunton Walk-Behind Mower QQB3663111 Cemetery Ex Mack-Metro Walk-Behind Mower 153177 Cemetery 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: Serial Description Number Dept. Excel Hustler Mower 00082001 Cemetery Olympus Camera 230523620 Historian Bunton Walk-Behind Mower QQB3663111 Cemetery Ex Mack-Metro Walk-Behind Mower 153177 Cemetery 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 REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 440 BE IT FURTHER, RESOLVED, that 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 7th day of October, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR NEW 21/2 TON CAB & CHASSIS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 406, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 441 WHEREAS, in accordance with Resolution No.: 380,2013, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a new 21/2 ton cab & chassis to replace a 2000 Ford F550 truck with a bad frame in the Town Highway Department, as specified in bid specifications prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, on October 4t1i 2013, the Town Budget Officer duly received and opened all bids, and WHEREAS, the Town Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid to the lowest, responsible bidders as follows: 1. Basil Ford for the cab and chassis for the total amount not to exceed $31,639; and 2. Arrowhead Equipment, Inc., for the dump body & plow for the total amount not to exceed $11,982, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bids for the purchase of a new 21/2 ton cab & chassis to replace a 2000 Ford F550 truck with a bad frame in the Town Highway Department, from the lowest, responsible bidders as follows: 1. Basil Ford for the cab and chassis for the total amount not to exceed $31,639; and 2. Arrowhead Equipment, Inc., for the dump body & plow for the total amount not to exceed $11,982; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Highway Vehicles Account No.: 004-5130-2020, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 442 RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and take any other actions needed to transfer $43,621 from Account No.: 004-9060-8060 to Highway Vehicles Account No.: 004-5130-2020 to effectuate the purchase, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the Highway Department truck being replaced, a 2000 Ford F550, ID#: 1FDAF57SXYEC86876, 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, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION SETTING HEARING ON PAUL WAKELEY'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS RESOLUTION NO.: 407, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 443 SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Paul Wakeley has applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an extension of the Town's connection requirements to connect his property located at 11 Main Street, Queensbury to the West Queensbury Sanitary Sewer District as set forth in his September 25th, 2013 application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, October 21St, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Paul Wakeley's sewer connection variance/waiver application concerning his property located at 11 Main Street, Queensbury(Tax Map No.: 309.11-2-14), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 444 RESOLUTION AUTHORIZING STIPULATION OF DISCONTINUANCE REGARDING TOWN OF QUEENSBURY V. AMY AND MONTY LIU, SR. RESOLUTION NO.: 408, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 324,2013, the Town of Queensbury authorized commencement of an action against Amy and Monty Liu, Sr. (Property Owners) concerning their property located at 650 Glen Street in the Town of Queensbury, tax map parcel no.: 302.11-1-12 (Property), as an odor emanated from the structure located on the Property rendering the structure unfit for habitation and posing it as an ongoing threat to the health of neighboring property occupants, a health hazard, unfit for human habitation, and to be condemned as a public health nuisance, and WHEREAS, such Resolution further provided that if the Property Owners failed to demolish such structure or provide an equivalent suitable remedy, the Town could make arrangements to do so with the costs to be assessed to the property owners or to become a lien against the property, and WHEREAS, the Town's Director of Building and Codes has advised the Town Board that on October 2"d 2013 he inspected the Property and found that the structure has been gutted down to the framing and flooring, all interior wall coverings, plumbing and electrical have been removed, the cat urine smell is no longer pungent and is tolerable, and the floors and lower part of the walls have been sealed, and WHEREAS, the Director asserts that the major building hazard has therefore been eliminated and should no longer be considered a hazard or nuisance to the neighbors and recommends that the Town Board discontinue its action against the Property Owners so that the Director may issue a Building Permit, and WHEREAS, the Town Board has reviewed such recommendation and agrees that such action should be discontinued, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 445 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs Town Counsel to prepare and execute a Stipulation of Discontinuance in the matter of the Town of Queensbury against Amy and Monty Liu, Sr., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Counsel to take any additional steps necessary to effectuate the proposed settlement of this action and the Town Supervisor, Town Counsel, Director of Building and Codes and/or Town Budget Officer to take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION TO AMEND 2013 BUDGET RESOLUTION NO.: 409,2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 446 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 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1680- 001-1680- 1010 Salaries 2031 IT Hardware 25,000 001-1990- 001-1355- 1010 Contingency 1020 O/T 3,000 001-1990- 001-1670- 4400 Contingency 4030 Postage 2,000 001-1990- 001-7110- 4400 Contingency 4400 Misc. Contractual 9,000 001-1990- 001-3410- 4400 Contingency 4410 Fuel 1,000 001-1990- 001-3410- 4400 Contingency 4110 Vehicle Repair 600 001-1990- 001-3620- 4400 Contingency 4110 Vehicle Repair 1,350 001-1990- 001-3620- 4400 Contingency 4120 Printing 750 001-8020- 001-8010- 4720 Consultant 4030 Postage 500 001-8020- 001-8010- 4720 Consultant 4410 Fuel 450 001-9060- Health 001-3989- 8060 Insurance 4400 Misc. Contractual 500 002-0000- Unapp. Fund 002-8810- 0909 Bal 4070 Building Repair/Maint. 6,000 REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 447 032-8120- 032-8110- Mobile 4520 Odor Control 4105 Communications 500 040-8320- 040-8340- 4300 Electricity 2020 Vehicles 41,000 030-0000- Unapp. Fund 030-8130- 0909 Bal 4131 Litigation Fees 300 032-0000- Unapp. Fund 032-8130- 0909 Bal 4131 Litigation Fees 26,830 033-0000- Unapp. Fund 033-8130- 0909 Bal 4131 Litigation Fees 1,215 035-0000- Unapp. Fund 035-8130- 0909 Bal 4131 Litigation Fees 904 Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF OCTOBER 8TH,2013 RESOLUTION NO.: 410,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of October 3rd, 2013 and a payment date of October 8th 2013, REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 448 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of October 3rd, 2013 and a payment date of October 8t1i 2013 totaling $480,417.12, 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 7th day of October, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None RESOLUTION AUTHORIZING RANGE TRAINING FOR ANIMAL CONTROL OFFICER RESOLUTION NO.: 411,2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury employs a full-time Animal Control Officer (ACO) who is a duly appointed Dog Control Officer in accordance with the New York State Agriculture and Markets Law Article 7 and applicable Town local laws or ordinances, and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 449 WHEREAS, the Town's ACO may be authorized to carry a weapon and use non-lethal ammunition while in the course of his duties, and WHEREAS, the Town wishes to ensure that its ACO is properly trained to carry and discharge such weapon, and WHEREAS, range training similar to the training received by Patrol Officers is available to the ACO in Washington County, at no charge to the Town, and WHEREAS, the Town wishes to authorize the ACO to participate in such training at a date and time to be determined by the Town Clerk and to authorize the ACO to wear his Town uniform during such training, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury Animal Control Officer to attend eight (8) hours of range training in Washington County, without cost to the Town, at a date and time to be determined by the Town Clerk, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury Animal Control Officer to wear his Town Uniform during such training, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and Animal Control Officer to take such other and further action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 450 Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None RESOLUTION ADOPTING POLICY ALLOWING POSSESSION OF FIREARMS IN THE WORKPLACE BY ANIMAL CONTROL OFFICER RESOLUTION NO.: 412, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury employs a full-time Animal Control Officer (ACO) who is a duly appointed Dog Control Officer in accordance with the New York State Agriculture and Markets Law Article 7 and applicable Town local laws or ordinances, and WHEREAS, the Town's ACO and the Town Clerk have requested that for reasons of safety and effective animal control, that the ACO be authorized to carry a weapon and use non-lethal ammunition while in the course of his duties, and WHEREAS, the Town Board wishes to allow the ACO, if properly licensed to do so by an appropriate State or Federal agency, to have a personal firearm in his possession while in a Town vehicle or while performing his official duties, and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 451 WHEREAS, the Town Board wishes to adopt a Town Policy allowing and controlling possession of firearms in the workplace by the ACO, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the "Town of Queensbury Policy Allowing Possession of Firearms in the Workplace by Animal Control Officer" substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel, Town Clerk, Town Animal Control Officer and/or Town Budget Officer to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING CONTRACT FOR TRAINING IN USE OF NON- LETHAL AMMUNITION FOR ANIMAL CONTROL OFFICER RESOLUTION NO.: 413, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 452 WHEREAS, the Town of Queensbury employs a full-time Animal Control Officer (ACO) who is a duly appointed Dog Control Officer in accordance with the New York State Agriculture and Markets Law Article 7 and applicable Town local laws or ordinances, and WHEREAS, the Town's ACO may be authorized to carry a weapon and use non-lethal ammunition while in the course of his duties, and WHEREAS, the Town has received a proposal from Catamount Consulting of Warrensburg New York to provide Non-Lethal Firearms Training for the ACO, and WHEREAS, the proposal offers to provide the ACO with four(4) hours of training which will include Shotgun and Handgun Certification, and WHEREAS, the proposed fee is two hundred dollars($200.00) and WHEREAS, the Town Board wishes to ensure that its ACO is properly trained to carry and discharge a weapon using non-lethal ammunition, and WHEREAS, the Town wishes to authorize the ACO to participate in such training at a date and time to be determined by the Town Clerk and to authorize the ACO to wear his Town uniform during such training NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury Animal Control Officer to attend eight (8) hours of range training in Washington County, without cost to the Town, at a date and time to be determined by the Town Clerk; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor to execute the Acceptance of Proposal in substantially the form circulated; and REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 453 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Budget Officer to pay two hundred dollars($200)to Catamount Consulting consistent with the Proposal; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Animal Control Officer to attend such training and to wear his Town Uniform during such training; BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Clerk, Town Budget Officer and Animal Control Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED THIRD AMENDMENT TO EMERGENCY PROTECTION SERVICES AGREEMENT BETWEEN TOWN AND WEST GLENS FALLS EMERGENCY SQUAD,INC. REGARDING INCREASED STAFFING RESOLUTION NO.: 414, 2013 INTRODUCED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 454 WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with Town Law §184, the Queensbury Town Board (Town) may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance service within the Town, and WHEREAS, the Town Board has determined that there is a need for increased staffing coverage to provide services in areas that would not otherwise have adequate coverage in order to protect the health and provide for the safety of Town residents, and WHEREAS, the Town has entered into an Agreement for emergency protection services with the West Glens Falls Emergency Squad, Inc., (Squad) for 2012 through 2014, and WHEREAS, the Town and Squad have negotiated and agreed upon terms to amend such Agreement concerning the following issues so that the Town can provide better coverage to Town residents: 1. The Squad will use the Town's funding for paid staffing to provide the following paid staff during the term of this Agreement: A. One (1) ALS and one (1) BLS crew for 12 hour shifts, 365 days a year, to be positioned as the Squad determines is appropriate (expected normally to be at the Squad's location); B. One (1) ALS and one (1) BLS crew for 12 hour shifts, from Memorial Day to Columbus Day, to be positioned at the North Queensbury Rescue Squad Building or elsewhere as the Squad and the North Queensbury Rescue Squad may mutually agree. C. One (1) ALS position for 12 hour shifts from Columbus Day to Memorial Day to normally be positioned at the North Queensbury Rescue Squad, Inc.'s building, using North Queensbury Rescue Squad Inc.'s fly car; REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 455 D. One (1) BLS position for 12 hour shifts, from Memorial Day to Columbus Day, to be positioned as the Squad determines is appropriate (expected normally to be at the Squad's location); and E. Two (2) BLS crew for 12 hour shifts, 365 days a year, to be positioned as the Squad determines is appropriate (expected normally to be at the Squad's location). 2. The Town will provide the Squad with an additional $80,000 in funding for 2014. 3. The Squad will continue to remind its paid staff and volunteers that all patients must be billed and the Town will not tolerate EMS Staff and/or patients making statements regarding ignorance of such bills. Patients unable to pay due to limited income may contact the billing company for a hardship application; and WHEREAS, since such need for increased emergency services are not presently included in the Squad's 2012-2014 Agreement with the Town as amended, the Town Board wishes to set a public hearing concerning such additional services and expenses and coinciding amendments to the Squad's Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning the proposed Third Amendment to the Agreement between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., regarding the inclusion of additional services and expenses delineated in the preambles of this Resolution on Monday, October 21St, 2013 at 7:00 p.m. in the Queensbury Activities Center, 742 Bay Road, Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten (10) days prior to the Public Hearing. REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 456 Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES: None ABSENT: None 5.0 CORRESPONDENCE DEPUTY TOWN CLERK, MELLON- Supervisor's Report for Community Development/Building and Codes for September 2013 on file in Town Clerk's Office. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1)- • Found a student from Queensbury School who is willing to do some intern type work for the Town. This student will be helping to gather information about septic systems around Lake George. • Thanked the Simms for all their hard work with regards to Resolution 4.4, entitled Resolution Authorizing Preparation of Map, Plan and Report for Wastewater Management to Serve Properties in Vicinity of Dunham's Bay. COUNCILMAN CLEMENTS (WARD 2)- Thanked Councilman Metivier and the Simms for getting the process started with regards to resolution 4.4 (Resolution Authorizing Preparation of Map, Plan and Report for Wastewater Management to Serve Properties in Vicinity of Dunham's Bay). COUNCILMAN STROUGH (WARD 3)- • Reported on the Queensbury Senior Citizens upcoming events. On November 2nd they will be having a community dinner dance at the Queensbury Hotel. The cost will be $35 per person, if interested please RSVP by October 25t1i. On November 23rd the Queensbury Seniors are going to have a group night at the Glens Falls Civic Center, tickets can be purchased for $15 each. For more information please call the Senior Center at 761-8224. The Senior Center will be having a book sale on Wednesday, October 9th from 9AM-5PM and then again on Thursday from 9AM-3PM. The Seniors will be hosting a craft fair on October Saturday, October 19th from 9AM-3PM. Finally, on November 22nd they will be having a chili-mac feast and brownie blast and a cook-off. • The Lake George Community Band will be honoring those who serve on November 17th at the Glens Falls High School Auditorium. This salute to Veteran's will begin at 2pm, and the cost will be $12, Veteran's and active duty serviceman are free. For more information please call 874-0800 or go to the woodtheater.org. • The small ensemble recital of the Lake George Community Band will take place on October 19th at 2pm at the Hyde Collection. This will be an excellent event and is free of charge. • This is the Bicentennial of Warren County (1813-2013) and there will be a bicentennial banquet at the Fort William Henry in the Towers Hall on October 26u' COUNCILMAN BREWER(Ward 4)- Spoke regarding and article he read in the Association of Town's magazine he received recently. The article speaks of a community's revitalization project much like our Main Street project. The Queensbury Town Board took ten years to do the Main Street Revitalization Project; it does work and this article is proof of that. REGULAR TOWN BOARD MEETING 10-7-2013 MTG#39 457 SUPERVISOR MONTESI- • Commended the Simms and Kathy Bozony of the Fund for Lake George on all of their hard work with regards to resolution 4.4 (Resolution Authorizing Preparation of Map, Plan and Report for Wastewater Management to Serve Properties in Vicinity of Dunham's Bay). This was a project we tried to on Rockhurst but they didn't get a good reception so they moved on to Dunham's Bay and the Simms really stepped up to help. • The Town recently got an easement on Sunset Trail/Knox Road to use as an alternate access to approximately 47 homes on Assembly Point in the event of an emergency. There will be a gate and fire, ems and the Town Highway Department will be the only ones authorized to use this entrance. • Thanked Look TV and sponsors for televising these meetings. COUNCILMAN STROUGH (WARD 3)- Wanted to take a moment to thank Kathy Bozony for all her hard work with regards to resolution 4.4. She has been a great asset to many special organizations as well as a great asset to Fund for Lake George. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 415, 2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 7th day of October, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None ABSENT: None Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury