2014-11-17 - Mtg 40 REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 402
REGULAR TOWN BOARD MEETING MTG#40
NOVEMBER 17TH, 2014 RES#388-398
7:00 P.M. LL#6
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUGH IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
ROBERT HAFNER
PRESS
POST STAR
PLEDGE OF ALLEGIANE LED BY COUNCILMAN ANTHONY METIVIER
SUPERVISOR STROUGH called meeting to order.
1.0 PUBLIC HEARINGS
CONTINUATION OF PUBLIC HEARING TO AMEND THE QUEENSBURY TOWN
CODE BY REPEALING CURRENT CHAPTER 107 ENTITLED "LAWN FERTILIZER
AND PESTICIDE RUNOFF CONTROL" AND REPLACING IT WITH A NEW
CHAPTER 107
PUBLICATION DATE: MARCH 28, 2014
SUPERVISOR STROUGH-The first item on our Agenda is a Public Hearing that we've have
had, I think twice before. The State lost the paperwork then they found the paperwork after a
couple of phone calls. We finally got their submission. It passed the Department of State. They
are fine with our law. It is interesting because the Town of Lake George practically has the same
law. They submitted theirs after ours and they got their approval before ours because they lost
ours. It is amending the Local Fertilizer Law. As DEC says; we have completed our review and
assessment, we find no reason to oppose its adoption. In brief, how does this law differ from the
Fertilizer Law that we've had? It basically adds to the restrictive areas, the tributaries, streams,
springs and wetlands that are located within the Lake George Watershed as defined by the Lake
George Park Commission. They have a map and meets and bounds and everything else. Any
natural streams, tributary, spring or wetland, you have the same restrictions that apply elsewhere
in terms of fertilizer use, which is fifty feet or more. I left the public hearing opened. Is there
anyone that would like to speak to this tonight?
NO PUBLIC COMMENT
SUPERVISOR STROUGH-Seeing none, I will close the public hearing. Are there any questions
or concerns on behalf of any Town Board members? Hearing none, seeing none, I will close the
public hearing.
PUBLIC HEARING CLOSED
RESOLUTION ENACTING LOCAL LAW NO. 6, OF 2014 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 107 ENTITLED "LAWN
FERTILIZER AND PESTICIDE RUNOFF CONTROL LAW"
RESOLUTION NO.: 388,2014
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 403
WHEREAS, the Queensbury Town Board previously adopted Chapter 107 entitled "Lawn
Fertilizer and Pesticide Runoff Control Law" by Local Law No. 5 of 2011, and
WHEREAS, since such law created more stringent local standards than those set forth in the
Environmental Conservation Law, the Town obtained the approval of the New York State
Department of Environmental Conservation(DEC)before implementing its regulations; and
WHEREAS, the Town now wishes to amend Chapter 107 to regulate land use management
practices proximate to all natural streams, tributaries, springs and wetlands within that portion of
the Lake George Watershed located within the Town of Queensbury, and
WHEREAS, the Town Board duly held a public hearing concerning this proposed Local
Law on April 7 t 2014 and November 171h 2014 and heard all interested persons, and
WHEREAS, the Town Board provided its proposed amendments to DEC and again
received DEC's approval to implement more stringent local standards than those set forth in
Environmental Conservation Law §17-2103; and
WHEREAS, prior to adoption of Chapter 107 in 2011, the Town Board determined that
the proposed enactment was an Unlisted Action pursuant to the State Environmental Quality
Review Act (SEQRA), conducted Uncoordinated SEQRA review and determined that there
would be no significant negative environmental impacts likely to result from adoption of Town
Code Chapter 107, and
WHEREAS, this legislation is authorized in accordance with New York State Municipal
Home Rule Law §10, and
NOW, THEREFORE, BE IT
RESOLVED, that the amendment of Chapter 107 effectuated by Local Law No. 6, of
2014 is not anticipated to result in any new or different environmental impacts than those
previously considered when the Town Board conducted SEQRA review of this Action in 2011
and the Town Board hereby finds that no further SEQRA review is necessary, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No. 6, of 2014
amending Queensbury Town Code Chapter 107, 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 acknowledges that the Local Law will take effect
immediately upon filing with the Secretary of State.
Duly adopted this 17th day of November, 2014, by the following vote:
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 404
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
LOCAL LAW NO. 6, OF 2014
AMENDING PROVISIONS OF TOWN CODE CHAPTER 107 ENTITLED
TOWN OF QUEENSBURY LAWN FERTILIZER AND PESTICIDE
RUNOFF CONTROL LAW
BE IT ENACTED by the Queensbury Town Board as follows:
A. Town Code Section 107-3 is hereby replaced with the following:
§107-3 Intent.
The intent of this Chapter is to better regulate land use management practices,
specifically by limiting water body exposure to nitrates, phosphorus compounds and
pesticide-related chemicals, to reduce water body contamination, improve water body
ecosystem integrity and assure healthier human, animal and plant habitats. This Chapter
applies to shores of Glen Lake, Lake Sunnyside, and the portion of Lake George within
the Town of Queensbury as well as all natural streams, tributaries, springs and
wetlands within that portion of the Lake George Watershed located within the Town of
Queensbury.
B. Town Code Section 107-4 is hereby amended to include the following definition in
alphabetical order:
REGULATED WATER BODY
The waters of Glen Lake, Lake Sunnyside, Lake George and shall also include all
natural streams, tributaries (whether perennial or intermittent), springs and wetlands
located within the Town of Queensbury and also located within the Lake George Park
as defined in Neiv York Eni,ironmmntal Conservation Law§43-0103 (1).
C. Town Code Section 107-5 (A) is hereby replaced with the following:
A. No person shall, whether knowingly or negligently by virtue of insufficient control,
apply or authorize any person by way of service contract or other arrangement to apply,
any lawn fertilizer on vegetation within fifty feet (50') of any Regulated Water Body
Glen TALake Sunnyside,— +or the pef wens of Lake Geefge within the Town of
Queensbury.
D. Town Code Section 107-5 (B) is hereby replaced with the following:
B. No person shall, whether knowingly or negligently by virtue of insufficient control,
apply or authorize any person by way of service contract or other arrangement to apply,
any lawn fertilizer on any privately-owned impermeable surface that directs stormwater
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 405
flow into any Regulated Water Body Glen Lake,Lake Sunnydeof the perfiens-of 1
Gee ge within the T.,w,, of Queensb
E. Town Code Section 107-5 (C) is hereby replaced with the following:
C. Only lawn fertilizer labeled as containing no phosphorus (or other compound
containing phosphorus, such as phosphate) may be applied between 50 feet .,n 2000
feet ffem the shefelines of Glen Lake, Lake Sunnyside, of the peffiens of Lake Geefge
within the T.,w,, of Queensbufy fifty feet (50') or more front any Regulated Water
Body,proi,ided that such use not i4olate the prohibition set forth in Neiv York State
Eni,ironmental Conservation Law Section 17-2103 (3). Fertilizer use beyond fifty
feet (50') of any Regulated Water Body must comply with all applicable proi,isions
of State Law including Article 17, Title 21 of the Neiv York State Eni,ironmental
Conservation Law.
F. Town Code Section 107-5 (D) is hereby repealed.
D. Feffilizef use beyond 200 feet of the shefelines of Glen Lake, Lake Sunnyside a
Lake Geefge afe not fegulated by this law.
G. Town Code Section 107-5 (E) is hereby amended as follows:
ED. No person shall, whether knowingly or negligently by virtue of insufficient control,
apply or authorize any person by way of service contract or other arrangement to apply
lawn fertilizer to any impermeable surface including parking lots, roadways, and
sidewalks anywhere within the Town. If such application occurs, the fertilizer must be
immediately contained and either legally applied to turf or other appropriate vegetation or
placed in an appropriate container and properly disposed of
H. Section 107-7 (D) is hereby replaced with the following:
(D) Application of lawn fertilizer where a continuous natural vegetative buffer, at
least fifteen feet (15') wide, exists between the turf or lawn area where the application is
to occur and any suff ee water Regulated Water Body or an impermeable surface. This
buffer must conform to the requirements of Town Code §179-8-040. — Shoreline Buffers.
This Local Law will also apply to the Town Code §179-8-040 Buffer Area.
ARTICLE 2. The invalidity of any clause, sentence, paragraph or provision of this
Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 3. All Local Laws or Ordinances or parts of Local Laws or Ordinances in
conflict with any part of this Local Law are hereby repealed.
ARTICLE 4. This Local Law shall take effect upon filing in the office of the New
York State Secretary of State.
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 406
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTION ONLY
JOHN SALVADOR-Spoke regarding Resolution to Amend 2014 Budget and Resolution
Approving Audit of Bills—Warrant of November 18th 2014.
3.0 RESOLUTIONS
RESOLUTION AFFIRMING CONSISTENCY OF THE MICHAELS
GROUP, LLC'S RESIDENTIAL SUBDIVISION PROJECT WITH HILAND
PARK PLANNED UNIT DEVELOPMENT
RESOLUTION NO.: 389,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 552,2008, the Queensbury Town Board affirmed a
proposal by the Michaels Group LLC to build thirty-four (34) residential lots at the southwest
corner of Meadowbrook and Haviland Roads in the Town of Queensbury as consistent with the
Hiland Park PUD approved on January 14, 1987 by Town Board Resolution 212.87, and
WHEREAS, by letter dated October 30, 2014, the Michaels Group LLC has advised the
Town Board that it wishes to subdivide parcel no.: 289.20-1-7.11 which is located at the
southwest corner of the intersection of Haviland and Meadowbrook Roads in the Hiland Park
PUD, into three (3) lots and Construct two (2) additional single-family homes on two (2) of the
newly created parcels, with the third parcel to be conveyed to the Hiland Crossings Association
as a non-building lot, and
WHEREAS, Michaels Group LLC has therefore requested that the Town Board affirm
that this proposed project is again consistent with the Hiland Park Planned Unit Development as
approved by Resolution No. 212.87, and
WHEREAS, the Senior Planner has reviewed the proposed project to be sure it is in
compliance with the PUD Ordinance and Hiland Park PUD and has recommended that the Town
Board adopt a Resolution affirming that the proposed project is consistent with the Hiland Park
PUD so that the proposal will be able to move forward through the subdivision and site plan
review process as administered by the Queensbury Planning Board,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby affirms that the proposal by
Michaels Group LLC to subdivide parcel no.: 289.20-1-7.11 which is located at the southwest
corner of the intersection of Haviland and Meadowbrook Roads in the Hiland Park PUD, into
three (3) lots and construct two (2) additional single-family homes on two (2) of the newly
created parcels, with the third parcel to be conveyed to the Hiland Crossings Association as a
non-building lot, is consistent with the Hiland Park PUD as approved by Town Board Resolution
212.87, and
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 407
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to
present a certified copy of this Resolution to The Michaels Group and the Town Planning Board,
and take such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
ORDER SETTING PUBLIC HEARING CONCERNING
PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER
DISTRICT TO SERVE PROPERTIES IN TOWN OF QUEENSBURY
WHERE TOWN WATER SERVICE CURRENTLY EXISTS
BY CONTRACT OR SERVICE
RESOLUTION NO.: 390,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve 24 separate, non-adjacent properties currently outside of the Water
District, but where Town water service currently exists to such property owners by contract or by
service in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by
Christopher Harrington, P.E., Civil Engineer and Water Superintendent in the Town of
Queensbury's Water Department, concerning the proposed Water District Extension, and
WHEREAS, water mains and fire hydrants currently exist to serve the additional parcels
proposed for inclusion in the District and therefore, no new capital improvements are required to
serve any of the parcels proposed for inclusion in the District, as more specifically set forth and
described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension, a general plan of the proposed system, a report of the proposed method of
operation, the source of water supply and distribution system capacity, and
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 408
WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map,
Plan and Report and Part I of the EAF was completed by the Town's Water Superintendent, who
is a Civil Engineer, and
WHEREAS, the Queensbury Town Board desires to be Lead Agency for purposes of the
environmental review required for the project under the State Environmental Quality Review Act
(SEQRA),
NOW, THEREFORE, IT IS HEREBY
ORDERED:
1. The properties listed on Schedule A hereto by their tax map number and parcel
addresses shall be added to and included within the Queensbury Consolidated Water District.
The boundaries of the proposed Water District Extension are set forth on such Schedule A.
2. Water infrastructure, water mains and fire hydrants currently exist to serve the
additional parcels proposed for inclusion in the District and therefore, no new capital
improvements are required to serve any of the parcels proposed for inclusion in the District.
3. The properties within the proposed District Extension are currently serviced by
the Queensbury water system and therefore, no additional water treatment plant or distribution
system capacity is required. There is no cost to the Town or the District for this District
Extension.
4. No new capital improvements are necessary for this service area and therefore,
there will be no debt service costs related to this District Extension. The estimated annual cost of
the District Extension to the typical property in the District Extension, which typical property is a
typical one or two family home, for operation and maintenance and other charges (assuming an
average water usage) is $180.32.
5. A detailed explanation of how the estimated costs of the District Extension were
computed is included in the Map, Plan and Report which has been filed with the Queensbury
Town Clerk and is available for public inspection.
6. There are no new capital improvements necessary for this service area and
therefore, there will be no new financing required by the Town on behalf of the District.
7. There are no needed or proposed improvements and all actions necessary shall be
as specifically delineated in the Map, Plan and Report and in full accordance with the Town of
Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in
accordance with any future approved plans and specifications and under competent engineering
supervision.
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 409
8. The Town Board shall meet and hold a public hearing at the Queensbury
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, January 5t1i 2015 to
consider the Map, Plan and Report and to hear all persons interested in the proposal and to take
such other and further action as may be required or authorized by law.
10. The Town Board hereby authorizes and directs the Town Water Department to
send a copy of the Environmental Assessment Form and a copy of the Map, Plan and Report to
all potentially involved agencies, the New York State Department of Environmental
Conservation and the New York State Department of Health, together with all documentation
required to be sent, along with a letter indicating that the Town Board will be undertaking
consideration of the project identified in this Resolution, that a coordinated SEQRA review with
the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed
upon within 30 days.
11. The Town Board hereby authorizes and directs the Town Water Department to
prepare a report identifying any environmental impacts it believes should be considered at the
time the SEQRA review is conducted.
12. The Town Board hereby authorizes and directs the Queensbury Town Clerk to
duly publish and post this Order not less than ten (10) days nor more than twenty (20) days
before the public hearing date, as required by Town Law §209-d, and complete or arrange for the
securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of
Notice of the Public Hearing required hereby and to file a certified copy of this Order with the
State Comptroller on or about the date of publication.
Duly adopted this 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
SCHEDULE A
Town of Queensbury Water Department
Queensbury Consolidated Water District
District Extension for the Year 2014
Queensbury Consolidated Water District Extension Properties
1. The piece or parcel of property having tax map no.: 296.6-1-6 and described in a deed from
Lawrence Mancini and Evelyn Mancini to Lawrence Mancini and Evelyn Mancini dated October
4, 1988 and recorded in the Warren County Clerk's Office in liber 728 of deeds at page 178.
2. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.4-described
in a deed from Hayes & Hayes to CES Holdings, LLC dated February 15, 2002 and recorded in
the Warren County Clerk's Office in liber 1254 of deeds at page 163.
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 410
3. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.3 described
in a deed from Hayes and Hayes to CES Holdings, LLC dated February 15, 2002 and recorded in
the Warren County Clerk's Office in liber 1254 of deeds at page 163.
4. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.1 described
in a deed from Paul J. Hayes and Michael S. Hayes to CES Holdings, LLC dated July 16, 2002
and recorded in the Warren County Clerk's Office in liber 1276 of deeds at page 144.
5. Also including all that piece of parcel of property having tax map no.: 290.0-1-21.2-described
in a deed from Hayes and Hayes to CES Holdings, LLC dated February 15, 2002 and recorded in
the Warren County Clerk's Office in liber 1254 of deeds at page 163.
6. Also including all that piece of parcel of property having tax map no.: 297.7-1-28 described in
a deed from Christine L. Chadwick to Warren County dated April 22, 2013 and recorded in the
Warren County Clerk's Office in liber 4742 of deeds at page 170.
7. Also including all that piece of parcel of property having tax map no.: 297.7-1-18 described in
a deed from Wendall R. Wilson Trust to Jeffrey and Judith Benway dated February 26, 2014 and
recorded in the Warren County Clerk's Office in liber 4948 of deeds at page 109.
8. Also including all that piece of parcel of property having tax map no.: 316.17-1-33 described
in a deed from Herbert Briggs and Regina Briggs to Laurie A. Gates dated February 3, 1989 and
recorded in the Warren County Clerk's Office in liber 743 of deeds at page 79.
9. Also including all that piece of parcel of property having tax map no.: 297.10-1-54 described
in a deed from Michael Higgins and Patricia Banville to Michael Higgins dated October 14, 2009
and recorded in the Warren County Clerk's Office in liber 3912 of deeds at page 40.
10. Also including all that piece of parcel of property having tax map no.: 297.6-1-22 described
in a deed from Crislip Living Trust to Michael and Lisa Cruz dated June 9, 2006 and recorded in
the Warren County Clerk's Office in liber 2956 of deeds at page 168.
11. Also including all that piece of parcel of property having tax map no.: 296.7-1-14 described
in a deed from Richard K. McNairy and Debra L. McNairy to Peter M. Sankey dated May 18,
2006and recorded in the Warren County Clerk's Office in liber 4025 of deeds at page 153.
12. Also including all that piece of parcel of property having tax map no.: 297.7-1-25 described
in a deed from Stephen W. Traver to Stephen W. Traver and Jane D. Traver dated July 19, 2001
and recorded in the Warren County Clerk's Office in liber 1224 of deeds at page 152.
13. Also including all that piece of parcel of property having tax map no.: 297.6-1-3 1-described
in a deed from BMW Properties, LLC to Daniel J. Silvey dated September 16, 2011 and
recorded in the Warren County Clerk's Office in liber 4413 of deeds at page 22.
14. Also including all that piece of parcel of property having tax map no.: 316.10-1-39 described
in a deed from Margaret M. McDonald to Robert and Margaret McDonald dated December 23,
2011 and recorded in the Warren County Clerk's Office in liber 4394 of deeds at page 250.
15. Also including all that piece of parcel of property having tax map no.: 316.17-1-34 described
in a deed from Pro-Craft, Inc. to Leeanne A. Dresser and William Sprague dated July 10, 2013
and recorded in the Warren County Clerk's Office in liber 4832 of deeds at page 205.
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 411
16. Also including all that piece of parcel of property having tax map no.: 290.18-1-27
described in a deed from Llloyd J. Diamantis and Rene Diamantis to Andre P. Chadwick and
Sandra J. Chadwick dated August 30, 2012 and recorded in the Warren County Clerk's Office in
liber 4563 of deeds at page 130.
17. Also including all that piece of parcel of property having tax map no.: 296.7-1-19 described
in a deed to Glens Falls Country Club, Inc. recorded in the Warren County Clerk's Office in liber
150 of deeds at page 139.
18. Also including all that piece of parcel of property having tax map no.: 296.6-1-12 described
in a deed from Glens Falls Country Club, Inc. to Glens Falls Country Club, Inc. dated January
28, 1963 and recorded in the Warren County Clerk's Office in liber 426 of deeds at page 238.
19. Also including all that piece of parcel of property having tax map no.: 296.10-1-20 described
in a deed from Glens Falls Country Club, Inc, to Lesley-Anne Sanderspree dated March 19, 1996
and recorded in the Warren County Clerk's Office in liber 974 of deeds at page 321.
20. Also including all that piece of parcel of property having tax map no.: 297.7-1-17 described
in a deed from Claire Monfoe and Joyce Anne Miller to Terry Lawrence dated February 19,
1998 and recorded in the Warren County Clerk's Office in liber 1059 of deeds at page 80.
21. Also including all that piece of parcel of property having tax map no.: 290.14-1-29 described
in a deed from Janet Kinderman to Jason Kinderman dated December 11, 2013 and recorded in
the Warren County Clerk's Office in liber 4906 of deeds at page 202.
22. Also including all that piece of parcel of property having tax map no.: 297.7-1-20 described
in a deed from Ruth A. Smith to Peter Davis dated August 22, 2013 and recorded in the Warren
County Clerk's Office in liber 4863 of deeds at page 255.
23. Also including all that piece of parcel of property having tax map no.: 302.13-1-16-described
in a deed from Eileen P. Collins and Francis T. Collins Sr. to Clute Enterprises, Inc. dated
August 22, 2013 and recorded in the Warren County Clerk's Office in liber 4841 of deeds at
page 209.
24. Also including all that piece of parcel of property having tax map no.: 302.13-1-15 described
in a deed from Eileen P. Collins to Clute Enterprises, Inc. dated August 22, 2013 and recorded in
the Warren County Clerk's Office in liber 4841 of deeds at page 209.
RESOLUTION AWARDING BID FOR SENIOR CITIZENS
TRANSPORTATION FOR 2015 TO WARREN-HAMILTON COUNTIES
ACEO, INC. - COMMUNITY ACTION AGENCY
RESOLUTION NO.: 391,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury duly advertised for bids for the Transportation
Services for the Queensbury Senior Citizens for the year 2015, and
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 412
WHEREAS, the Warren-Hamilton Counties ACEO, Inc. - Community Action Agency has
offered to provide such Transportation Services for the amount of$25,000, and
WHEREAS, the Town's Purchasing Agent and Town Clerk have recommended that the
Town Board award the bid to the Warren-Hamilton Counties ACEO, Inc. - Community Action
Agency, the only and therefore lowest, responsible bidder,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby awards the contract for the
Transportation Services for the Queensbury Senior Citizens for the year 2015 to the Warren-
Hamilton Counties ACEO, Inc. - Community Action Agency for the amount of$25,000 to be paid
from the appropriate account, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Budget Officer, Accountant and/or Purchasing Agent to take such other and
further action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 17th day of November, 2014, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION AUTHORIZING JEFF AURELIA
SCHOLARSHIP FUND 5K ROAD RACE
RESOLUTION NO. 392,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Jeff Aurelia Scholarship Fund has requested authorization from the
Queensbury Town Board to conduct a 5k road race to benefit the Jeff Aurelia Scholarship Fund as
follows:
SPONSOR Jeff Aurelia Scholarship Fund
EVENT 5k Road Race
DATE Thursday, January 1St, 2015
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 413
TIME 10:00 a.m. — 11:30 a.m. (approximately)
PLACE Beginning and ending at Glens Falls High School(Letter
delineating course is attached)
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of
insurance from the Jeff Aurelia Scholarship Fund and authorizes the Jeff Aurelia Scholarship Fund
to conduct a 5k Road Race partially within the Town of Queensbury to benefit the Jeff Aurelia
Scholarship Fund on Thursday, January 1St, 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves this event subject to the Town Highway
Superintendent's approval of the race, which approval may be revoked due to concern for road
conditions at any time up to the date and time of the event.
Duly adopted this 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES: None
ABSENT: None
RESOLUTION TO AMEND 2014 BUDGET
RESOLUTION NO.: 393,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the following Budget Amendment Requests have been duly initiated and
justified and are deemed compliant with Town operating procedures and accounting practices by the
Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's
Accounting Office to take all action necessary to amend the 2014 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
001-1990-4400 Contingency 001-3410-4400 Misc. Contractual 700
001-9010-8010 NYS Retirement 001-1620-4070 Repair&Maint. 5,000
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 414
002-9010-8010 NYS Retirement 002-8810-4300 Electricitv 3,000
002-9010-8010 NYS Retirement 003-8810-4070 Building Repairs 2, 00
Duly adopted this 17th day of November, 2014 by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION REAPPOINTING CHRIS HUNSINGER TO
QUEENSBURY PLANNING BOARD
RESOLUTION NO. 394,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury previously established the Town's Planning Board in
accordance with applicable New York State law, and
WHEREAS, Chris Hunsinger's term on the Planning Board will expire on December 31St
2014 and Mr. Hunsinger has expressed his interest in reappointment, and
WHEREAS, the Town Board wishes to reappoint Mr. Hunsinger,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reappoints Chris Hunsinger to serve
as a member of the Queensbury Planning Board until such term expires on December 31, 2021.
Duly adopted this 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING TECH MEADOWS INFRASTRUCTURE
DEDICATION AGREEMENT
RESOLUTION NO. 395,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 415
WHEREAS, the Greater Glens Falls Local Development Corporation (GGFLDC) is the
owner of certain property located in the City of Glens Falls known as Tech Meadows, consisting
of lots 1 — 7, and
WHEREAS, Tech Meadows required certain infrastructure improvements, and
WHEREAS, the GGFLDC (Tech Meadows Infrastructure Project) undertook the
installation of municipal water, sewer, gas and electric utilities to improve water, sewer,
electrical and gas services at the expense of the GGFLDC and National Grid, and
WHEREAS, the Tech Meadows Project was assisted by funding through US EDA and
New York State Empire State Development Corporation (ESD), and
WHEREAS, the Project included the installment of a new water main line and a new
sewer line along Veterans Road that will service lots 3-6 as lot 7 can be served from Sherman
Avenue, and
WHEREAS, the Town of Queensbury, on behalf of the Queensbury Consolidated Water
District, will accept dedication and assume ownership of the new installment of water main line
along Veteran's Road together with all repairs and maintenance, and
WHEREAS, the Town's Water Department will provide water service to all property
owners within Tech Meadows for all lots 1-7, similarly to its properties within the Queensbury
Consolidated Water District and will bill the City of Glens Falls for such service and the City
will bill each property owner, and
WHEREAS, the City of Glens Falls Water and Sewer System has accepted the dedication
and will assume ownership of the new sewer line along Veteran's Road and Sherman Avenue
together with all repairs, maintenance, and
WHEREAS, the City of Glens Falls and Sewer Sanitary System will service and bill all
property owners within Tech Meadows for all lots 3-7, and
WHEREAS, the Town of Queensbury will provide sewer service to lots 1 and 2 and will
bill the City of Glens Falls for such service and the City will bill each property owner, and
WHEREAS, it is the intent of the Greater Glens Falls Local Development Corporation
(GGFLDC) to dedicate all of its right, title and interest in and to the water lines, hydrants and all
related appurtenances to the Town of Queensbury, on behalf of the Queensbury Consolidated
Water District, and the sewer lines, manholes and all related appurtenances to the City of Glens
Falls, and
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 416
WHEREAS, the GGFLDC adopted a Resolution approving this Dedication Agreement
earlier this year, and
WHEREAS, by Resolution No.: 343 or 2014, the Glens Falls Common Council also
approved the Dedication Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Tech Meadows
Infrastructure Dedication Agreement, provided it is consistent with the terms in this Resolution,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Infrastructure Dedication Agreement and other required documents relating to
implementation of this Infrastructure Dedication Agreement, consistent with the terms detailed
above and in form as approved by the Town Supervisor and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Civil
Engineer/Wastewater Director, Town Counsel 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 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS-
WARRANT OF NOVEMBER 18TR, 2014
RESOLUTION NO.: 396,2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of November 13th 2014 and a payment date of November 18th, 2014,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of November 13th 2014 and a payment date of November 18th, 2014 totaling $320,014.39, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 417
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 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION AUTHORIZING ESTABLISHMENT OF INFORMATION
TECHNOLOGY CAPITAL PROJECT FUND #205 AND ENGAGEMENT
OF SERVICES OF EVISION DIGITAL MARKETING FOR
TOWN WEBSITE DESIGN AND REPLACEMENT
RESOLUTION NO.: 397, 2014
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, the Town of Queensbury wishes to establish a Capital Project that will
provide for multi-year information technology (IT) purchases, upgrades, equipment
replacements, etc., and the design and replacement of the Town's Website, and
WHEREAS, improvement of the Town's IT infrastructure and improvement of the
Town's available technology will include multiple components, and
WHEREAS, the Town wishes to establish and fund the Revenue and Expense Accounts
for the Capital Project in a total amount of$200,000, and
WHEREAS, the Town of Queensbury's Purchasing Agent requested proposals for the
design and replacement of the Town's Website which is a key component of the Capital Project,
and
WHEREAS, the Purchasing Agent received one (1) proposal from eVision Digital
Marketing, LLC (eVision) and has reviewed that proposal to determine its suitability for Town
purposes and has recommended that the Town Board accept eVision's proposal to design and
replace the Town's website as set forth in eVision's October 3, 2014 proposal presented at this
meeting for an amount not to exceed $16,025 for WordPress website design, and
WHEREAS, the Purchasing Agent has further recommended that the Town utilize the
Search Engine Optimization Plan proposed by eVision at a cost of$633 per month for a 12 month
period, and
WHEREAS, accordingly, the Town Board wishes to establish a Capital Project Fund for
the IT Project and further wishes to authorize such engagement of eVision and,
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 418
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
establishment of the Information Technology Capital Project and Information Technology
Capital Project Fund #205 in the amount of$200,000 which will establish funding for expenses
associated with this Capital Project, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
Capital Project shall be by a transfer from Capital Reserve Fund #64 in the amount of$200,000
to transfer to Information Technology Capital Project Fund #205, and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take
all action necessary to establish the following accounts for such appropriations and revenues as
necessary:
• Revenue Acct No. —205-0000-55031 (Interfund Revenue) $200,000;
• Expense Acct No. —205-1680-2032 (Computer Hardware) $150,000;
• Expense Acct No. —205-1680-4720 (Consultants) $50,000
• Increase Appr 001-9950-9030-0064 Transfer to Cap Project $200,000;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and accepts the proposal of eVision
Digital Marketing, LLC (eVision) for WordPress website design to replace the Town's website,
for an amount not to exceed $16,025 provided that such amounts shall be paid upon presentation
of appropriate vouchers to the Town and shall not include any prepayment for services, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and accepts the proposal of eVision
Digital Marketing, LLC (eVision) for the Search Engine Optimization Plan at a cost of$633 per
month for a period of 12 months as generally set forth in eVision's October 3, 2014 proposal
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or
prepare any documentation necessary to establish such appropriations and estimated revenues,
and
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 419
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any necessary Agreements or documentation associated with the engagement of the services of
eVision in form acceptable to the Town Supervisor, Town Counsel and/or Town Budget Officer,
and the Town Supervisor, Purchasing Agent and/or Town Budget Officer to take any and 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
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 17th day of November, 2014, by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
4.0 CORRESPONDENCE
DEPUTY TOWN CLERK, O'BRIEN-Supervisors Monthly Report for October 2014 for
Community Development and Building and Codes on file in Town Clerks Office.
5.0 PRIVILEGE OF THE FLOOR
RON BALL-Spoke to the board regarding the condition of West Mountain Road, asked the
board to consider taking the road over. Spoke to the board regarding the Rush Pond Trail and
the resurfacing of a mile and a half of the trail, noting this is not necessary. Would like to see the
money that is being used on the trail put towards adopting West Mountain Road or do something
to the road.
COUNCILMAN IRISH-Would like to know what it would cost of taking it over from the
County would be; would not sit here and say I am in favor of it.
COUNCILMAN VANNESS-Spoke to Highway Superintendent, Tom Vanness and Tom said he
is not in favor of it. If he took West Mountain over they would have to purchase one more
Tandem and hire one more employee. Asked Tom to look at it and do a rough estimate on what
the road would cost. He will get back to us with an estimate.
JOHN SALVADOR-Questioned the status of the Bay Road Sewer Study.
COUNCILMAN IRISH-We received the study last week. John will be talking to Chris to set up
an informational meeting with M&J. We will announce the meeting date.
MR. SALVADOR-Noted that he addressed a letter to the County Board regarding the Crandall
Public Library and copied the Town Board on this matter. Spoke to the board regarding the
Adirondack Brochure, stating that the map in the booklet contains the Town's in the Adirondack
Park and they have the Town boundary of Queensbury exactly right along the shore. Noted that
he has brought this to the Town Assessor's attention.
SUPERVISOR STROUGH-I have the Department of State looking into this.
REGULAR TOWN BOARD MEETING 11-17-2014 MTG#40 420
JOHN SALVADOR-Referred to Schermerhorn's construction of thirty-five units on Gurney
Lane and noted his concern that there is not going to be enough sewer capacity in the Route 9
Sewer System for these types of add-ons.
6.0 TOWN BOARD DISCUSSIONS
COUNCILMAN METIVIER(WARD ONE)
• Wished everyone a Happy Thanksgiving.
COUNCILMAN CLEMENTS (WARD TWO)
• Nothing to report
COUNCILMAN IRISH (WARD THREE)
• Congratulated the Queensbury High School Spartans Varsity Football Team on their win
last week. They are headed to Kingston this week for the semi-finals, then hopefully to
Syracuse.
COUNCILMAN VANNESS (WARD FOUR)
• Nothing to report
SUPERVISOR STROUGH
• Nothing to report
RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 398, 2014
INTRODUCED BY: Mr. William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its
Regular Town Board Meeting.
Duly adopted this 17th day of November, 2014, by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY