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2015-03-09 MTG 9 REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 618 REGULAR TOWN BOARD MEETING MTG#9 MARCH 9, 2015 BOH RES #34 7:15 P.M. RES # 101-113 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN BOARD MEMBER ABSENT COUNCILMAN BRIAN CLEMENTS TOWN COUNSEL ROBERT HAFNER TOWN OFFICIALS CHRIS HARRINGTON, Water Superintendent &Director of Wastewater PRESS LOOK TV POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS SUPERVISOR STROUGH called meeting to order... SUPERVISOR STROUGH-Introduced Queensbury Senior Citizens, Inc. President Jeanne Rano and her husband, Tony Rano, the Treasurer and read the following proclamation into the record: PROCLAMATION WHEREAS, Queensbury Senior Citizens has endeavored to enhance the well-being and community involvement of area members over the age of 55, and promote the concept of aging well by building strong relationships with area businesses and organizations to offer a variety of activities and programs, and WHEREAS, The volunteers and staff of Queensbury Senior Citizens have provided the aforementioned services to all residents of the Town of Queensbury for the past 35 years, and WHEREAS, The organization, which numbers 1170 members, continues to provide programs, workshops, travel and recreational activities for our seniors, and WHEREAS, In addition to providing fellowship, a variety of activities and travel to our members, Queensbury Seniors give an annual school scholarship to a deserving high school senior, donate hand-knitted items to the Glens Falls Hospital Snuggery and Westmount Health Facility, and work with local organizations and other service oriented community organizations serving Warren and Washington County, and WHEREAS, The members of Queensbury Senior Citizens provide a valuable service to the senior residents of the Town of Queensbury and to the region at large, and WHEREAS, Queensbury Senior Citizens celebrates 35 years of existence on March 7, 2015, and REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 619 NOW, THEREFORE, The Queensbury Town Board, on behalf of all its citizens, hereby dedicates the month of March 2015 as a time of recognition and honor for the many accomplishments of Queensbury Senior Citizens, Inc. GIVEN under the SEAL of the Town of Queensbury this 6t''day of March,2015 JOHN F. STROUGH ANTHONY METIVIER BRIAN CLEMENTS DOUG IRISH WILLIAM VANNESS 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 101, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and enters as the Queensbury Board of Health. Duly adopted this 9th day of March, 2015 by the following vote: AYES: Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Clements PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC/GARY ZERAS, JR. NOTICE SHOWN PUBLICATION DATE: FEBRUARY 27, 2015 SUPERVISOR STROUGH reviewed background of variance application. AGENTS FOR THE APPLICANT, STEFANIE D. BITTER, ESQ. AND DEVIN DICKINSON, PE reviewed proposed variance for the applicant outlining the specifications. SUPERVISOR STROUGH opened Public Hearing to the public for comment. NO ONE SPOKE PUBLIC HEARING CLOSED RESOLUTION APPROVING ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 620 RESOLUTION NO.: BOH 3,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Adirondack Mountain Ridge Estates, LLC filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to place a new well: 1. 71' from an adjoining leach field in lieu of the required 100' setback; and 2. 80.3' from the leach bed on the project parcel in lieu of the required 100' setback; on property located at 85 Hanneford 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 requests on Monday, March 911i 2015, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Adirondack Mountain Ridge Estates for variances from the Sewage Disposal Ordinance to place the new well: REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 621 1. 71' from an adjoining leach field in lieu of the required 100' setback; and 2. 80.3' from the leach bed on the project parcel in lieu of the required 100' setback; on property located at 85 Hanneford Road in the Town of Queensbury and bearing Tax Map No.: 227.18-1-30 and 31. Duly adopted this 9th day of March, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Clements RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 4,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 9th day of March, 2015, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Clements 2.0 PUBLIC HEARING PUBLIC HEARING ON BAY RIDGE VOL. FIRE COMPANY INC.'S PROPOSAL TO PURCHASE ENGINE RESCUE FIRE APPARATUS AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE AND PROPOSED 2016-2020 FIRE PROTECTION SERVICES AGREEMENT NOTICE SHOWN PUBLICATION DATE: FEBRUARY 13, 2015 SUPERVISOR STROUGH gave overview of proposed purchase. Opened Public Hearing to the public for comment. NO ONE FROM PUBLIC SPOKE SUPERVISOR STROUGH-Town Board, do you have any questions for the Fire Company on this? COUNCILMAN IRISH-No, I think they did a good job on this; they came in and presented it. COUNCILMAN METIVIER-They did, they did a great job. REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 622 COUNCILMAN VANNESS-I have to agree with Doug, they did a nice job coming in, I mean we asked them to hold off a little bit so that they could work it into their budget. They went back to work on it which they did and they held off and I know I appreciate that by all means. SUPERVISOR STROUGH-Yes, I do too. So do I hear a motion? TOWN CLERK BARBER-Are you going to close the public hearing? SUPERVISOR STROUGH-Oh, I will close the public hearing, thank you Caroline. PUBLIC HEARING CLOSED RESOLUTION APPROVING BAY RIDGE VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE ENGINE RESCUE FIRE APPARATUS AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE AND PROPOSED 2016-2020 FIRE PROTECTION SERVICES AGREEMENT RESOLUTION NO.: 102, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury and the Bay Ridge Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a"vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a new Engine Rescue Fire Apparatus (Truck) to replace its KME Engine Rescue Fire Apparatus, as previously recommended by the 2009 Fire Study Report issued for the Town by MMA Consulting Group, Inc., for the approximate purchase price not to exceed $700,000, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, proceeds from the sales of the Fire Company's replaced apparatus would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward other Fire Company debt; and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced apparatus from service and sell it, and will sell it after all potential warranty/service issues are resolved with the new Truck, and REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 623 WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse located at 1080 Bay Road in the Town of Queensbury, New York, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by approximately $700,000 maximum amount of tax-exempt financing (having a 10 year term) with The Adirondack Trust Company, and WHEREAS, Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and WHEREAS, the Fire Company's current Agreement with the Town will expire as of December 31St, 2015 and the Town Board and Fire Company have negotiated terms for a new 2016- 2020 fire protection services Agreement, and WHEREAS, on Monday, March 9t1i 2015, the Town Board held a public hearing concerning the Fire Company's proposed purchase and tax-exempt financing as required by the Fire Company's Agreement with the Town and the Internal Revenue Code, and the proposed new 2016-2020 fire protection services Agreement and heard all interested persons, and WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating an aging apparatus from the Fire Company's fleet and wishes to abide by the recommendations of MMA Consulting Group, Inc., and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company's corresponding incurrence of tax-exempt debt, and the new 2016-2020 fire protection services Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Bay Ridge Volunteer Fire Company, Inc.'s proposal to purchase a new Engine Rescue Fire Apparatus (Truck) to replace its KME Engine Rescue Fire Apparatus as set forth in the preambles of this Resolution for an amount not to exceed $700,000, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 624 RESOLVED, that the Town Board further approves of the Fire Company's incurrence of approximately $700,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Fire Company's assurance that the Truck is serviceable and suitable for its long-term intended use, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board, on behalf of the Fire Protection District, hereby approves the Fire Protection Service Agreement between the Town and the Fire Company for the years 2016-2020 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT: Mr. Clements SUPERVISOR STROUGH reviewed proposed resolutions with the public. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY JOHN SALVADOR-Referred to Resolution 4.10, `Resolution Approving Empire State Towing and Recovery Association's Application for Proposed Transient Merchant/Transient Merchant Market at Great Escape Theme Park' and questioned the length of their market license? SUPERVISOR STROUGH-Noted that the market license is for three(3) days. MR. SALVADOR-Referred to Resolution 4.1, `Resolution Authorizing Increase in Occupancy Tax Account' and questioned how will the increase in forty thousand dollars ($40,000.00) occupancy tax affect the town budget? SUPERVISOR STROUGH-Noted that it does not affect the budget, we only spend what's in there. Currently we have fifty-six thousand dollars ($56,000.00) in our occupancy tax budget however the REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 625 County will be giving us another check sometime in May and we will allocate that in June. We will probably meet in April to see whose requested occupancy tax funding and allocate it how the Town Board sees fit at that time. We expect that amount to be between a hundred and twenty (120) and a hundred and twenty-five thousand dollars ($125,000.00) so you add that to this and you will have about one hundred seventy thousand dollars($170,000.00). COUNCILMAN VANNESS-Noted that the Town Board put together a comprehensive extensive application to those that are requesting that funding to fill out and show that they are going to bring income to the town, in sales and promotion. MR. SALVADOR-Referred to Resolution 4.7, `Resolution Authorizing Hudson Avenue Sewer Improvement Agreement Between Town of Queensbury and City of Glens Falls' and questioned who is paying for this improvement? SUPERVISOR STROUGH-The town is paying for it out of the general fund. MR. SALVADOR-Why don't they put the money upfront? SUPERVISOR STROUGH-They haven't been established yet. TOWN COUNSEL HAFNER-The Carey Road Sewer District cannot be created until we have ability to send the sewer down, this is one of things that we have to do to satisfy the City so that we can create the district. TOWN BOARD held discussion regarding the benefits to the Town of Queensbury and the Main Street corridor with the proposed Carey Road Sewer District. KEVIN QUINN-Spoke regarding the bed tax money being used to promote people to come to town, the transient merchant market license doing the same and recommended that the town consider revising the fees involving the transient merchant market license. Spoke regarding the lake improvement benefit taxes to property owners and stated that the town should supplement to some extent the cleanup of these lakes. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING INCREASE IN OCCUPANCY TAX ACCOUNT RESOLUTION NO.: 103, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury recently received $40,000 in occupancy tax revenues from Warren County in addition to $16,000 in occupancy tax revenues currently remaining in the Town's accounts, and WHEREAS, the Queensbury Town Board therefore wishes to authorize an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $56,000 and increasing the revenue coded 050-0000-51113 Occupancy Tax by $40,000, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 626 RESOLVED, that the Queensbury Town Board hereby authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $56,000 and increasing the revenue coded 050-0000-51113 Occupancy Tax by $40,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2015 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 9th day of March, 2015 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES : None ABSENT: Mr. Clements RESOLUTION AMENDING RESOLUTION NO.: 81, 2015 REGARDING APPOINTMENT OF PERSONS TO NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1 ADVISORY BOARD RESOLUTION NO.: 104, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 81, 2015 the Queensbury Town Board appointed persons to the North Queensbury Wastewater Disposal District No. 1 Advisory Board, and WHEREAS, the Town Board wishes to also appoint Cynthia Didio to such Board and amend Resolution No.: 81, 2015 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 81, 2015 to include that Cynthia Didio is also appointed to the North Queensbury Wastewater Disposal District No. 1 Advisory Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 81, 2015 in REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 627 all other respects. Duly adopted this 9th day of March, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Clements RESOLUTION APPOINTING FRANCIS CABANA TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO.: 105,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Recreation Commission, and WHEREAS, the Recreation Commission considered and interviewed candidates and recommends the appointment of Francis Cabana, and WHEREAS, the Town Board wishes to appoint Francis Cabana to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Francis Cabana to the Town of Queensbury Recreation Commission with his term to expire on December 31St, 2021. Duly adopted this 9th day of March, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT : Mr. Clements RESOLUTION AUTHORIZING UPGRADE AND PURCHASE OF LASERFICHE LICENSES RESOLUTION NO.: 106, 2015 INTRODUCED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 628 WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, by Resolution No.: 277, 2011, the Queensbury Town Board authorized the purchase of laserfiche and workstation upgrades, and WHEREAS, by Resolution No.: 397, 2014, the Town Board authorized the establishment of the Information Technology Capital Project and Information Technology Capital Project Fund #205 providing for multi-year information technology (IT) purchases, upgrades, equipment replacements, etc., and WHEREAS, the Town Board wishes to upgrade/increase its Laserfiche user licenses from 10 to 25 to allow its employees and the general public improved access to Town Documents, and WHEREAS, a proposed Change Order from General Code for the Town's Laserfiche Standard Public Portal is presented at this meeting, with the cost for the proposed Laserfiche upgrade not to exceed $15,950, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes "CHANGE ORDER #QU1252 03022015 LASERFICHE AVANTE SYSTEM — ADDITIONAL PRODUCT OR SERVICES" from General Code, thereby upgrading and increasing the Town's number of user licenses from 10 to 25 as presented at this meeting, with the cost for the proposed Laserfiche upgrade not to exceed $15,950, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Capital Project #205 - Account No.: 205-1680-2032, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 629 ABSENT: Mr. Clements RESOLUTION TO AMEND 2015 BUDGET RESOLUTION NO.: 107, 2015 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 2015 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance Recovery 164.40 Increase Appropriation 001-7110-4110 Vehicle Repairs 164.40 Increase Revenue 001-0000-52680 Insurance Recovery 716.25 Increase Appropriation 001-7110-4110 Vehicle Repairs 716.25 Duly adopted this 9th day of March, 2015 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT : Mr. Clements RESOLUTION AUTHORIZING HUDSON AVENUE SEWER IMPROVEMENT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CITY OF GLENS FALLS RESOLUTION NO.: 108, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 630 WHEREAS, the City of Glens Falls ("City") owns certain sewer mains located on Broad Street in the City of Glens Falls which sewer mains service the City and the Town of Queensbury ("Town"), and WHEREAS, the Town wishes to promote development in the vicinity of Carey Road by establishing the Carey Road Sewer District ("Carey Road Development") located within the Town which Carey Road Development would discharge wastewater to the City's sewer mains and result in increased wastewater flows, and WHEREAS, the City and Town have negotiated terms for an Agreement whereby they would agree to work in conjunction to effectuate the needed upgrades to the City's Hudson Avenue sewer main to accommodate increased flows from the Carey Road Development which Agreement would benefit both communities and be in the best interests of the respective municipalities, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a Hudson Avenue Sewer Improvement Agreement as generally set forth in this Resolution in form to be acceptable to the Town Supervisor, Wastewater Director and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and the Town Supervisor, Wastewater Director, Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution and Agreement. Duly adopted this 9th day of March, 2015 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Clements RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF MARCH 10TH, 2015 RESOLUTION NO.: 109,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 631 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of March 5th 2015 and a payment date of March l Oth 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 5th 2015 and a payment date of March 10th, 2015 totaling $446,974.75, 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 9th day of March, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Clements RESOLUTION AUTHORIZING HIRING OF DENNIS DICKINSON AND JEFF BRUCE AS FULL-TIME MOTOR EQUIPMENT OPERATORS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 110,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that due to one recent retirement and one impending retirement, there are two vacancies in the full-time Motor Equipment Operator(MEO)position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the positions, reviewed resumes and has recommended that the Town Board authorize the hiring of current, temporary MEO's Dennis Dickinson and Jeff Bruce in the full-time position(s), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Dennis Dickinson and Jeff Bruce as full-time Motor Equipment Operators (MEO) in the Town's REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 632 Highway Department effective on or about March 10th, 2015 subject to their successful passing of a pre-employment physical as required by Town Policy and completion of an eight (8) month probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Messrs. Dickinson and Bruce shall be paid at the hourly rate of pay for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 9th day of March, 2015 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Clements RESOLUTION APPROVING EMPIRE STATE TOWING AND RECOVERY ASSOCIATION'S APPLICATION FOR PROPOSED TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET AT GREAT ESCAPE THEME PARK RESOLUTION NO.: 111,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Empire State Towing and Recovery Association has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from May 29th through May 31St, 2015 for the sale of flatbed trucks and trailers, truck parts, towing items and other items at the Great Escape Theme Park, Lot 1, State Route 9, Queensbury in accordance with the provisions of Town Code Chapter 160, and REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 633 WHEREAS, the application is for a transient merchant market at the Great Escape Theme Park and while the Town Board may refer this to the Planning Board for review, the Great Escape Theme Park has already gone through site plan review for various projects before the Queensbury Planning Board, so the Town Board does not deem it necessary to refer this application to the Planning Board for site plan review, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Queensbury Town Board hereby grants a Transient Merchant/Transient Merchant Market License to the Empire State Towing and Recovery Association (Empire) to conduct a transient merchant market for the sale of flatbed trucks and trailers, truck parts, towing items and other items at the Great Escape Theme Park, Lot 1, State Route 9 Queensbury, subject to the following: 1. Empire must pay all fees as required by Town Code Chapter 160; 2. Empire must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Empire must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from May 29th through May 31St, 2015 from 2:00-6:00 p.m. on May 29th; from 9:00 a.m. to 5:00 p.m. on May 301h; and from 9:00 a.m. to 3:00 p.m. on May 31St, and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Empire must comply with all regulations specified in Town Code §160-8. Duly adopted this 9th day of March, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Clements TOWN COUNSEL HAFNER led the Town Board through the following document: PART 2—IMPACT ASSESSMENT 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 634 2. Will the proposed action result in a change in the use or intensity of use of land? No 3. Will the proposed action impair the character or quality of the existing community? No 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed actin result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No 7. Will the proposed action impact existing: a. public/private water supplies? No B. public/private wastewater treatment utilities? No 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No 11. Will the proposed action create a hazard to environmental resources or human health? No TOWN COUNSEL HAFNER read the following revision to the proposed resolution: RESOLVED, that the Queensbury Town Board reviewed SEQRA and determines that there shall be a Negative Declaration. RESOLUTION AUTHORIZING ENGAGEMENT OF ALLIED BIOLOGICAL FOR PROVISION OF HERBICIDE TREATMENT FOR CONTROL OF EURASIAN WATER MILFOIL AND ILLINOIS PONDWEED IN CONNECTION WITH THE AQUATIC VEGETATION MANAGEMENT PROGRAM FOR GLEN LAKE IN 2015 RESOLUTION NO.: 112, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 327, 2014, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015, and WHEREAS, by Resolution No.: 113, 2014, the Town Board authorized engagement of Allied Biological for the Aquatic Vegetation Management Program for Glen Lake in 2014, which REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 635 Program provided for Allied Biological's herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Allied Biological for an Aquatic Vegetation Management Program for Glen Lake in 2015 in accordance with Allied Biological's January 26, 2015 proposal presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board reviewed SEQRA and determines that there shall be a Negative Declaration, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Allied Biological for an Aquatic Vegetation Management Program for Glen Lake in 2015, such Program to provide for herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, in accordance with Allied Biological's January 26, 2015 proposal presented at this meeting, up to a total cost of $34,630, which includes Allied's administration of the Aquathol-Super K treatment at $995 per acre (with a maximum of 30 acres), permitting fees of $1,050 and the Aquatic Macrophyte Survey for $3,730.00, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051- 8790-4400 not to exceed $34,630 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 636 Duly adopted this 9th day of March, 2015, by the following vote: AYES Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Clements 5. CORRESPONDENCE—NONE 6. PRIVILEGE OF THE FLOOR RON BALL-Referred to the Rush Pond hiking trail and noted that he enjoys the trail as is but he does not agree with the Supervisor's proposed finishes to the trail. GEORGE WINTERS, 4 John Clendon Road-Referred to the upcoming elections and recommended doing away with the political signs. Questioned whether the Home Depot mall was reassessed? SUPERVISOR STROUGH-Yes everything did, thirteen thousand(13,000)parcels. HARRISON FREER, 48 Garrison Road-Announced to the Town Board and community that there will be a Team Scrabble Challenge in recognition of Adult Literacy on May 7th from 5:30 to 8:30 p.m. at the Towers, top floor of the Travelers Building. We are trying to get various municipalities to get their board members and staff to create an eight (8) person team for dinner and a scrabble challenge against some corporate entities and other municipalities. We hope that you will join us, support us and we will have more information and details to follow. JOHN SALVADOR-Questioned whether the Town has made any payments on the force main bypass work? COUNCILMAN METIVIER-Noted that he spoke to Joanne Watkins from our Accounting Department after the last meeting and she confirmed that some payments have been made but not a lot of them. MR. SALVADOR-Noted his concern with the overall project, stating there will be dewatering issues causing extra monies and that the town has no oversight. Questioned whether he could have a progress session? SUPERVISOR STROUGH-I will get you a progress report. MR. SALVADOR-I maintain that that whole project is a waste of money. The City has gotten a five million dollar ($5,000,000.00) loan to sewer Ridge Road, doing the same thing on Ridge Road that they are doing on Main Street and we should be a part of that whereby we could pump our wastewater from Meadowbrook directly into Ridge and abandon this line and save ourselves a million dollars($1,000,000.00). SUPERVISOR STROUGH-I don't consider it to be a waste of money. We have a PE as our Superintendent of Water and Wastewater, his knowledge is very extensive in this area and I trust when he says he feels that we need something to insure the integrity of the system, I believe him. COUNCILMAN VANNESS-Chris would you please give us your credentials? CHRIS HARRINGTON, Water Superintendent &Director of Wastewater-I am a professional engineer; I have been doing this for close to twenty-five years. I have a DOH IA Certification water plant operator's license so I am one of the few in the State of New York that actually has a PE and has a IA license. I got my PE down in New York City putting in sewers, dug slurry walls; I worked with twelve (12) foot diameter tunnels. I have a varied background working for municipalities, contractors and specialty contractors. The sewer bypass job is needed. Mr. Salvador states several inaccuracies; one of them is the fact that we never had a problem with that line. It is REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 637 true; we've had two issues with that line, in 1999 when a contractor hit the force main. Back in 1999 our flows were very low; I think about four hundred thousand(400,000)gallons a day. Meadowbrook Road pump station can do one point two million(1,200,000)gallons. In the summertime we are close to eight hundred thousand (800,000)gallons. Back in 2006 under Mike Shaw, one thousand(1,000) linear feet of pipe was replaced, that cost four hundred thousand dollars ($400,000.00). It had to be done under an emergency, time and material. Again, this project is done for redundancy, the district had no tax and I felt it was a good time to do other upgrades along with the pump-outs. As to the dewatering issue, he sees the pumps running, there's a lot of water there. The contractor knew there was water there, it's all in the project, it's on them, and we are not going to spend an extra nickel for dewatering. It is part of the bid documents that Mr. Salvador reviewed when he came to my office four(4)to five (5) months ago. This is for redundancy. The water treatment plant I have put unbelievable redundancy in the past ten(10) years I have been there. We put a backup water line to the twenty-four inch(24") line last year. Not one word was said about that. I have to live with this system. You gentlemen are part time, I am staff, and I am responsible for these systems. I like backups; I will put in backups because I do not like to fly by the seat of my pants. Mr. Salvador talks about Ridge Road, that section he is talking about is a very small pipe, there is no large sewer going down Ridge. There is a large sewer going down Glen, there's a large sewer going down Bay, on Ridge Road there's a bunch of small pipes and that sewage ends up in the Webster Avenue pump station. It doesn't go all the way down to the treatment plant. It is something we have looked at, and it won't work. The job has slowed down, the winter has been brutal, they tried. They were given a time extension. The time extension has been approved by me and is going to end sometime in May. SUPERVISOR STROUGH-Thanked Chris for his clarification and for his help with the Broad Street Betterment Program. MR. SALVADOR-Referred to memo dated September 25th of last year received from Chris Harrington in response to a FOIL request that he submitted that lists that there were two (2) emergency repairs to the Bay Road Sewer force main. One(1)totals about twenty-five thousand dollars($25,000.00), June 26, 2006. The second one(1)totals about twenty-two thousand dollars ($22,000.00) and those are the emergency repairs that we are trying to preclude getting into. There is a third item on the memo, Bay Street Force Main replacement project done in August of 2007 for three hundred and forty-eight thousand dollars($348,000.00) for a new pipe. We're putting in redundancy on a new system that was installed in 2007. So these numbers I have heard had nothing to do with emergency repairs. JAMES TWYMAN, Edgewood Drive-Noted concern with the excessive speed on Country Club Road, stated that he has lived on the bike trail all his life, biking to Lake George and Sprinkles Ice Cream but often having to swerve off the road due to the high speeds. Also would like to point out the very bad bump in the road which also causes cars to swerve into the bike trail. SUPERVISOR STROUGH-Noted that the County attempted to fix that, what they had hoped would be a permanent fix but it turns out it is not so they will be totally reconstructing the whole area. As far as the speed limit goes, I think your request is reasonable and if the Board feels the same, we will move forward with that. COUNCILMAN IRISH-Can we get a status report on the Dixon Road speed limit request as well? SUPERVISOR STROUGH-I can check on that. PRIVILEGE OF THE FLOOR CLOSED 7. TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER—WARD I REGULAR TOWN BOARD MEETING, 03-09-2015 MTG#9 638 Nothing to report COUNCILMAN IRISH-WARD III Nothing to report COUNCILMAN VANNESS -WARD IV Nothing to report SUPERVISOR STROUGH • I have to give accolades to Teri Ross and the Assessor's Department. They volunteered to reassess the whole town rather than hire it out. I think the last time we hired out it costs the town three hundred thousand dollars ($300,000.00) plus. We did it ourselves, plus we get some reimbursement back from the State. At Town Hall, they have five or six stations for people who want to come in and review how they arrived at the new assessments and they are making every effort possible to be fair and reasonable. • I have the February Monthly Report from Dave Hatin, Director of Building and Codes, we did almost three million dollars ($3,000,000.00) worth of construction and upgrades in the Town of Queensbury for a total of five point five million(5,500,000) so far this year. RESOLUTION TO ADJOURN REGULAR MEETING RESOLUTION NO.: 113,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 9th day of March, 2015 by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Clements RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK