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2015-05-04 MTG 15 REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 742 REGULAR TOWN BOARD MEETING MTG#15 May 4, 2015 RES# 161-175 7:00 P.M. BOH 7-8 RD #: 2015-1 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER PRESS LOOK TV POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUG IRISH SUPERVISOR STROUGH called meeting to order... 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HELATH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 161, 2015 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 from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 4th day of May, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None SUPERVISOR STROUGH- Three (3) residents are going to have a community septic system and they need a variance because the absorption field is eighty point eight feet (80.8') from a neighboring well in lieu of the required one hundred foot (100') setback and the absorption field serves three (3) residences, zero feet from a property line between two of the parcels as the field is partially on two (2) parcels in lieu of the required ten (10) foot setback. The property is located at 11, 15 and 20 Pioneer Point, Glen Lake in the Town of Queensbury. Board Members, do you have questions for the applicant? COUNCILMAN CLEMENTS- I just have one. SUPERVISOR STROUGH- Go ahead. COUNCILMAN CLEMENTS- Have you talked to the neighbors about this at all? I think there was one that was close to his well. REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 743 MICHAEL O'CONNOR- This is from whom we're seeking the variances. I spoke to him last week; he said he had no objection. If the Town Board grants the variance, he's happy but he declined to sign the form that's part of the application. COUNCILMAN IRISH- And we don't have any letter opposing from him either, correct? I haven't seen anything. MR. O'Connor-Not that I'm aware of I've meet with him three (3)times. SUPERVISOR STROUGH- We do have a letter of support, so why don't you do that now, Rose. ROSE MELLON, DEPUTY TOWN CLERK II- I have a letter from Jane Barton, it says: To Whom It May Concern: We are aware of the variance being requested by our Pioneer Point neighbors (Robert and Renee Little). We have no objection to the granting of this variance. Jane and Terry Barton 17 Poineer Point Glen Lake SUPERVISOR STROUGH- Okay. There was only one concern shared by some members of the Board and that is...Bob, did you talk to... TOWN COUNSEL, ROBERT HAFNER- I did talk to him and let him describe what he's proposing. What is important from the Town's point of view, as I understand, ...that the Town Board wants to make sure, and I think it's a very reasonable thing that we would recommend, that the properties that are going to be benefited by this joint septic system all have their rights in recorded form so that they have the rights to be there and to maintain it and if the other people don't maintain it that they can step in and do what's necessary to make sure they continue a septic for each of the three (3) properties; each proposing a maintenance agreement that will outline who pays what, but will have the permanent rights of everybody to use the system and to have easements over the properties and ... COUNCILMAN IRISH- And they will go with the land if there's a sale, that easement? TOWN COUNSEL, HAFNER- That's why it would have to be recorded. MR. O'CONNOR- Yes, we're going to record an agreement between the three property owners which basically will spell out the initial construction ... and then grant everyone a maintenance easement over any of the properties to maintain it. We basically will have two (2) levels of maintenance. Each property will have its own pump station on its own property. So we are going to say to the particular property owner will be responsible for maintenance to the discharge side of the pump station from ...it will be a shared maintenance and they will share a proportion to the number of bedrooms that are served in that particular residents, and it will be permanent and go on record. COUNCILMAN IRISH- I think one of the concerns that we have was if there was a sale of the property. I think you remember the other property we had up here that was ...variance for the septic and they cut their water off because it had been an agreement between two (2) property owners. I think that's what we're concerned with. If one of those properties is sold we don't want them to get thrown out of this septic system arrangement. So that's kind of what we're looking for, something that runs with the land. MR. O'CONNOR- Recording the agreement will have it run with the ... TOWN COUNSEL, HAFNER- And I do have a recommendation because I was told about it just before the meeting and I just talked with them. If you want to consider adding another resolve to your resolution that you have before you to consider, I can read you what I suggest you consider REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 744 to deal with that issue; resolved that this application is approved contingent upon the recording of an easement benefiting the three (3) properties which shall be in a form acceptable to Town Supervisor and Town Counsel. That way they can move forward, they can get their approval and Mike can provide me the language and I can make sure that each of the properties has the binding permanent right to continue to have the septic system. COUNCILMAN IRISH- All right. MR. O'CONNOR- The shared portion will be on my property and on Elizabeth Little's property, the absorption bed, and those signatures are very easy to obtain. The third and fourth party to it... we're going to do the same agreement I guess on the two (2) properties that aren't part of this thing. So,just the third signature on my agreement will come out of California and those people are very, they travel. So it may be a little slow. TOWN COUNSEL, HAFNER- I only want to approve the form and you are going to get it recorded and the Town Board can consider it tonight, it's just contingent upon that. MR. O'CONNOR- Okay, I don't want to hold it up. TOWN COUNSEL, HAFNER- I mean, I haven't even looked at the ... SUPERVISOR STROUGH- Two (2) of those out of three (3) have pump stations right? TOM HUTCHINS, AGENT-No, all three (3) have...because it's not in a traffic area... SUPERVISOR STROUGH- Oh. MR. HUTCHINS, AGENT-But the residence, the northern most residence looks like theirs two (2) separate... SUPERVISOR STROUGH- Yeah, you're right, Tom. Okay, and that's agreeable to you, Mike? MR. O'CONNOR- Yes it is. SUPERVISOR STROUGH- Anything else from the Board? There is a public hearing on this tonight. Is there any member of the public that wishes to speak to this? Please raise your hand and indicate so. There is one person that would like to speak. JOHN SALVADOR- Good evening, for the record, my name is John Salvador. Assuming everything is put in place, all the agreements are made, easements are granted, who is going to enforce the long term operation of this? Who is saddled with the enforcement to make sure that it works and continues, people pay, they do their job? SUPERVISOR STROUGH- You mean like in any septic system, John? MR. SALVADOR- This is a special kind of a mutual... SUPERVISOR STROUGH- Community system. MR. SALVADOR- Yeah, yeah, okay. Who is going to enforce the terms and conditions? SUPERVISOR STROUGH- Well, we make sure that it's installed to code. They're putting a Presby System in, which is one of the most higher... MR. SALVADOR- I'm more concerned with operation and maintenance. COUNCILMAN IRISH- I think that's more of the resident's responsibility. My guess is there would be a civil action if one of them decided they didn't want to pay their share between...it's not up to the Town. MR. SALVADOR- ...Have a system where they are going to wind up fighting with each other. REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 745 SUPERVISOR STROUGH- Well, if it fails the Department of Health can move in. I'm not sure I'm getting what you're getting at? COUNCILMAN IRISH- We wouldn't be enforcing an agreement... MR. SALVADOR- This Board is allowing this system... SUPERVISOR STROUGH- A community system that is a pretty traditional system,just that three (3) houses are hooked up to one (1)bed, each house has its own holding tank or septic tank, each house has its own pump station. COUNCILMAN VANNESS- What's the difference? I mean, John, we don't walk out and enforce yours. I mean, if it fails we would hope that you'd have enough responsibility SUPERVISOR STROUGH- To make sure it's installed properly. COUNCILMAN VANNESS- And if you don't have enough responsibility then somebody notifies us and the Department of Health moves in, I mean so we can't police... SUPERVISOR STROUGH- This was designed by... MR. SALVADOR- You're saying the Department of Health is going to be responsible to enforce it? SUPERVISOR STROUGH- If it fails, yes. COUNCILMAN VANNESS- If it fails, we will get them involved. SUPERVISOR STROUGH- Like we would with yours if it failed and you didn't remedy it. TOWN COUNSEL, HAFNER- And I think what was important that the Town Board had us focus on is that each of the three (3) property owners in the easement will have the right to make sure it's maintained and then they'll have whatever civil action to get whatever money back from the ... COUNCILMAN IRISH- Right, correct. TOWN COUNSEL, HAFNER- But, that's what's important in these type of easements that each party has the right to make it work, so that it works for all three. SUPERVISOR STROUGH- Yeah. MR. SALVADOR- Yeah but if one party fails to discharge its responsibility, who's going to bring the action forth? COUNCILMAN IRISH- Unless it's a failed system, it would be up to the property owners to litigate in a civil action. That wouldn't be up to us. SUPERVISOR STROUGH- You mean if the septic tank failed or the pump failed? COUNCILMAN IRISH- Or if they didn't just pay... MR. SALVADOR- The business arrangement. COUNCILMAN IRISH- That's between them John. We wouldn't have any responsibility for it unless it failed. MR. SALVADOR- Right now if my system fails, the Town can take action. REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 746 SUPERVISOR STROUGH- And the same thing here, if this fails we can take action. MR. SALVADOR- Okay, you're responsible that this will continue... COUNCILMAN IRISH- But we're not responsible to make sure that Mike pays for a third; Betty pays for a third, and whoever else pays for a third. That's between the property owners, that's not up to us. If it fails then we act. MR. SALVADOR- I hope you're not creating an unmanageable... COUNCILMAN IRISH- We'll take care of it John. SUPERVISOR STROUGH-No, as a matter of fact, I couldn't think of a better system for this peninsular area of Glen Lake than what they have proposed here. I think it's the most environmentally friendly design that I've seen, so I commend the applicant and the engineer. MR. SALVADOR- ...that is continues in perpetuity. COUNCILMAN IRISH- That was the language that we just put in to make sure that all of the property owners had a voice in it and ownership of it. SUPERVISOR STROUGH- Okay, any other member of the public wish to speak to this application, this variance application? Seeing none, the applicant may return to the table please. So Counsel and the applicant have agreed upon basic wording of what they're going to do here and Bob read it to us. Rose, is that in the record? DEPUTY TOWN CLERK II, MELLON- Yes. SUPERVISOR STROUGH- Okay, is there a motion to approve? COUNCILMAN VANNESS- I'll move to close, close the public hearing. SUPERVISOR STROUGH- Close the public hearing, thank you Councilman VanNess. Is that also a motion to approve? COUNCILMAN VANNESS- Yes. SUPERVISOR STROUGH- A second? COUNCILMAN IRISH- I'll second. SUPERVISOR STROUGH- Seconded by Councilman Irish. We're going to approve the resolution with the condition that was mentioned previously and agreed upon by the applicant. RESOLUTION APPROVING ROBERT AND RENEE LITTLE'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 7,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, Robert and Renee Little filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to place: 1. an absorption field 80.8' from a neighboring well in lieu of the required 100' REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 747 setback; and 2. an absorption field serving three (3) residences 0' from a property line between two (2) of the parcels as the field is partially on two parcels, in lieu of the required 10' setback; on property located at 11, 15 and 20 Pioneer Point, Glen Lake, 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, May 4th, 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 applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Robert and Renee Little for variances from the Sewage Disposal Ordinance to place: 1. an absorption field 80.8' from a neighboring well in lieu of the required 100' setback; and 2. an absorption field serving three (3) residences 0' from a property line between two (2) of the parcels as the field is partially on two parcels, in lieu of the required 10' setback; on property located at 11, 15 and 20 Pioneer Point, Glen Lake, in the Town of Queensbury, and bearing Tax Map Nos: 289.14-1-14, 15 and 19, and BE IT FURTHER, RESOLVED, that this application is approved contingent upon the recording of an Easement benefitting the three (3) properties which shall be in form acceptable to the Town Supervisor and/or Town Counsel. Duly adopted this 4th day of May, 2015, by the following vote: REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 748 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 8,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town of Queensbury. Duly adopted this 4th day of May, 2015 by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN.) RON BALL- Spoke regarding Resolution 3.11, entitled Resolution Authorizing Road Repair Escrow Agreement Between Town of Queensbury and JUST Beverages, LLC. GEORGE WINTERS- Spoke to the Board regarding Resolution 3.7, entitled Resolution Authorizing Engagement of Cheap Pete's Lawn Care to Mow Certain Abandoned or Neglected Properties in the Town of Queensbury. He also addressed the Board concerning Resolution Authorizing Road Repair Escrow Agreement Between Town of Queensbury and JUST Beverages, LLC. JOHN SALVADOR- Spoke regarding Resolution 3.11, entitled Resolution Authorizing Road Repair Escrow Agreement Between Town of Queensbury and JUST Beverages, LLC. RALPH FORTE (Glens Falls resident)- Spoke regarding Resolution 3.11, entitled Resolution Authorizing Road Repair Escrow Agreement Between Town of Queensbury and Just Beverages, LLC. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING RATE CHANGES IN AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS HOSPITAL— CENTER FOR OCCUPATIONAL HEALTH- FOR SUBSTANCE TESTING SERVICES AND PHYSICAL EXAMS RESOLUTION NO.: 162, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 749 WHEREAS, by Resolution No.: 26,2015, the Queensbury Town Board authorized an Agreement with the Glens Falls Hospital—Center for Occupational Health(Center) for provision of such services as physical exams and substance testing in accordance with Federal Motor Carrier Safety Regulations(FMCSR) for the Town during 2015, and WHEREAS, by letter dated March 16, 2015, the Center advised the Town that it will be implementing a modest increase on certain services effective June 1, 2015 per the fee schedule attached to such March 16th letter presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the change in rates as set forth in the March 16th, 2015 letter and fee schedule from the Glens Falls Hospital — Center for Occupational Health(Center)presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation or take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF$900 DONATION FROM THE NORTH UNITED SOCCER CLUB TO BE USED FOR SOCCER FIELD MAINTENANCE AT RIDGE-JENKINSVII,LE PARK RESOLUTION NO.: 163,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, the Northern United Soccer Club has offered to donate $900 to the Town of Queensbury Parks and Recreation Department to be used for soccer field maintenance at the Ridge- Jenkinsville Park,and WHEREAS,the Town Board is honored by this generous offer, feels that such donation will benefit Town residents,and therefore wishes to approve and authorize such donation, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 750 RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of$900 from the Northern United Soccer Club for the Town's Parks and Recreation Department to use for soccer field maintenance at the Ridge-Jenkinsville Park,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase the Parks and Recreation Department's Operating Account No.: 001-7110-4400 by $900 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by$900,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and Recreation to send a certified copy of this Resolution to the Northern United Soccer Club with a letter from the Town thanking the Club for its generosity. Duly adopted this 4 t day of May,2015,by the following vote: AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF KELLY O'SHAUGHNESSY AS SEASONAL EMPLOYEE IN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 164, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Director of Parks and Recreation has requested Town Board authorization to hire Kelly O'Shaughnessy to work part-time for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Kelly O'Shaughnessy is the daughter of Parks and Recreation Assistant Director Lori O'Shaughnessy, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Kelly O'Shaughnessy to work for the Town's Department of Parks and Recreation on a part-time, seasonal basis effective on or about April 20t1i 2015, to be paid at the appropriate hourly REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 751 wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF CHRIS BOWMAN AS TEMPORARY, SEASONAL LABORER TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 165, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Director of Parks and Recreation has requested Town Board authorization to hire Chris Bowman as a Temporary, Seasonal Laborer to work for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and that the Town Board approve the appointment of Town employees' relatives and Chris Bowman is the son of David Bowman, LMEO in the Parks and Recreation Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Chris Bowman as a Temporary, Seasonal Laborer for the Department of Parks and Recreation commencing on or about April 23rd, 2015, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing a pre- employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 752 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF STEVEN BURCH AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 166, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Water Superintendent has advised the Queensbury Town Board that there is currently a vacancy in a full-time Laborer position in the Department due to the recent retirement of one of his full-time employees, and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted availability for the position, and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Steven Burch, as the full-time Laborer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Steven Burch as a full-time Laborer in the Town's Water Department effective on or about May 5t1i 2015 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Mr. Burch's completion of an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that Mr. Burch shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 753 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING OUT OF DISTRICT AGREEMENT FOR PROVISION OF WATER SERVICES BETWEEN TOWN OF QUEENSBURY AND THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS RESOLUTION NO.: 167, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District (Water District) and the Queensbury Water Treatment Plant, and WHEREAS, the Church of Jesus Christ of Latter-Day Saints has requested water service from the Water District for its lot located at 20 Rockwell Road in the Town of Queensbury (Tax Map No.: 290.14-1-8) although the property is located directly adjacent and outside of the Water District, and WHEREAS, the Town of Queensbury's past practice is to grant water service to residents outside of the Water District until the next time that the Water District is extended, at which time the residents' properties may become part of the Consolidated Water District, and WHEREAS, the Water Superintendent has recommended that the Town Board authorize an Agreement for the supply of water to the Church of Jesus Christ of Latter-Day Saints in accordance with Town Law §198(3)(b), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the Queensbury Consolidated Water District's Water Treatment Plant to the Church of Jesus Christ Latter Day Saints for its lot located at 20 Rockwell Road in the Town of Queensbury(Tax Map No.: 290.14-1-8) contingent upon the Church of Jesus Christ of Latter-Day Saints signing an Out-of- District Agreement, such Agreement to be in form approved by the Town Water Superintendent and/or Town Counsel, and taps being installed, and REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 754 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Water Superintendent to make all necessary arrangements, including collecting the $100 capital buy-in fees from the Church of Jesus Christ of Latter-Day Saints and executing and delivering the Agreement and documents for the supply of water in accordance with Town Law §198(3)(b), to effectuate the terms of this Resolution and connections authorized herein. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES IN TOWN OF QUEENSBURY RESOLUTION NO.: 168,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS,the Town of Queensbury's Director of Building and Codes Enforcement (Director)has reported to the Queensbury Town Board that the following five (5)properties in the Town of Queensbury are in a state of serious neglect: 1. 260 Aviation Road, 2. 210 Sunnvside Road, 3. 75 Dixon Road, 4. 12 Jerome Avenue, 5. 121 West Mountain Road, 6. 25 Glenwood Avenue,and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass,and WHEREAS, the Director reports that he has attempted to contact each of the owners of record by certified letter and/or posting of the properties,and WHEREAS, the Director reports that his efforts have been to no avail and he has been unable to reach anvone or to obtain anv resolution of the situation, and REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 755 WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS,the Director obtained quotes for the monthly mowing of these five (5) properties for a period of five (5) months, and WHEREAS, by quote dated April 24th, 2015, Cheap Pete's Lawn Care submitted a quote for such work in the amount of$450 per month for parcels 41-5 above for a period of five (5)months,and the amount of$225 for a one-time total cleanup (vines, leaves, branches, gutters, moss, trim bushes, etc.) for property 46, for a total amount not to exceed $2,475 and therefore the Director recommends that the Town Board engage their mowing services, NOW,THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so,the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges,and BE IT FURTHER RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement's engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care for the amount of$450 per month for the first five (5)properties described in the preambles of this Resolution for a period of five (5) months and the amount of$225 for a one-time total cleanup (vines, leaves, branches, gutters, moss, trim bushes, etc.) for property 46 as described above, for a total amount not to exceed $2,47 , to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to the Town outlining the dates on which the properties were mowed, to be paid for from Account No.: 001- 3620-4400,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $2,475 from Contingency Account No.: 001-1990-4400 to Account No.: 001- 3620-4400 and take any other and all actions necessary to provide for such payment,and BE IT FURTHER RESOLVED,that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Tax Receiver of the total expenses of such cutting, trimming, removal or spraying of each property so that the expenses can be properly assessed and constituted REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 756 as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges,and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 4 t day of May,2015,by the following vote: AYES Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements NOES None ABSENT: None RESOLUTION ADDING NEW YORK ATLANTIC-INLAND,INC. TO LIST OF TOWN OF QUEENSBURY APPROVED ELECTRICAL INSPECTION SERVICES FIRMS AND AUTHORIZING DEVIN PRATT,LA.E.L,AS RESIDENTIAL ELECTRICAL INSPECTOR RESOLUTION NO.: 169, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board previously adopted Local Law No. 4, 87 entitled, "Electrical Law of the Town of Queensbury," and amended the Law at the time the Town Board adopted the Queensbury Town Code(Chapter 80 -Electrical Standards), and WHEREAS, Queensbury Town Code Chapter 80 delineates criteria for businesses and/or individuals to perform electrical inspections within the Town of Queensbury, and WHEREAS, the Town's Director of Building and Codes Enforcement recently received information from New York Atlantic-Inland, Inc., an electrical inspection service firm, which has requested that it be added to the Town's list of approved electrical inspection service firms, and WHEREAS, New York Atlantic-Inland, Inc., has further requested that the Town Board approve Devin Pratt, I.A.E.I, certified electrical inspector, as an approved residential inspector at New York Atlantic-Inland, Inc., and WHEREAS, the Town's Director of Building and Code Enforcement has reviewed the information from New York Atlantic-Inland, Inc., as well as Mr. Pratt's credentials, and has recommended that the Town Board authorize New York Atlantic-Inland, Inc., to make electrical inspections and Mr. Pratt to make residential only electrical inspections within the Town of Queensbury, REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 757 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes New York Atlantic-Inland, Inc., to make electrical inspections and Devin Pratt, I.A.E.I., to make residential electrical inspections within the Town of Queensbury subject to compliance with the standards set forth in Queensbury Town Code Chapter 80, including submission of the required fee and certificate of insurance, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or the Director of Building and Codes Enforcement to sign any agreements and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION ESTABLISHING ACCOUNT CLERK POSITION IN WASTEWATER DEPARTMENT AND AUTHORIZING HIRING OF MARTIN BULLARD AS ACCOUNT CLERK RESOLUTION NO.: 170, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, upon the recommendation of the Town of Queensbury's Wastewater Director, the Queensbury Town Board wishes to establish a full-time Account Clerk position in the Wastewater Department, and WHEREAS, the Warren County Department Personnel and Civil Service has reviewed the proposed job duties for the position and has determined that Account Clerk is indeed the most appropriate title for the position as set forth in the New Position Duties Statement adopted by the Warren County Department of Civil Service and presented at this meeting and WHEREAS, the Town's Wastewater Director advertised for and posted such position, reviewed resumes, interviewed interested candidates from the existing Warren County Civil Service List for the Account Clerk position, and has made a hiring recommendation to the Town Board, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 758 RESOLVED, that the Queensbury Town Board hereby establishes the full-time Account Clerk position as set forth in the New Position Duties Statement adopted by the Warren County Department of Civil Service and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Wastewater Director to hire Martin Bullard as such full-time Account Clerk in the Wastewater Department effective on or about May 6t1i 2015 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Mr. Bullard's completion of an eight (8) month probationary period, and BE IT FURTHER, RESOLVED, that Mr. Bullard shall be paid the hourly rate of pay listed for the Account Clerk position in the current CSEA Contract, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF ALLEN FRASIER AND TYRONE BAPP, JR.,AS TEMPORARY, SEASONAL LABORERS IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 171, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town Highway Superintendent has requested Town Board authorization to hire two temporary, seasonal Laborers to work for the Town's Highway Department, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 759 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Allen Frasier and Tyrone Bapp, Jr., to work as temporary, seasonal Laborers for the Town Highway Department commencing on or about May 5t1i 2015 and concluding on or about November 5 th 2015, subject to the Town successfully completing pre-employment physicals and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 33,2015 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Highway Superintendent, Town Budget Officer and/or Town Supervisor to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING ROAD REPAIR ESCROW AGREEMENT BETWEEN TOWN OF QUEENSBURY AND JUST BEVERAGES,LLC RESOLUTION NO.: 172, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution adopted on April 28th, the Town of Queensbury Planning Board approved Site Plan 12-2015 pertaining to JUST Beverages, LLC's water extraction project on lands of the City of Glens Falls accessed from the east side of Butler Pond Road in the vicinity of the Butler Storage Reservoir, and WHEREAS, one of the conditions of such Site Plan approval was that an Escrow Agreement be entered into between the Town and JUST Beverages, LLC to provide for the maintenance and repairs of Town roads, and WHEREAS, a proposed Road Repair Escrow Agreement is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 760 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Road Repair Escrow Agreement between the Town of Queensbury and JUST Beverages, LLC 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 Agreement and any other necessary documentation and authorizes and directs the Town Supervisor to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None TOWN COUNSEL, HAFNER- There was a discussion that it wasn't clear enough about the replenishment. SUPERVISOR STOUGH- Yes. TOWN COUNSEL, HAFNER- So I suggested that I could put some language in there to make it clearer. I penciled out some and I'd like ... and I'll polish it up after the meeting is over, but I have some proposed language for the Town Board to consider. I would propose that it be added at the end of paragraph two (2)which is where it talks about the ten thousand dollars($10,000) each year up to five(5)years when it's fifty thousand(50,000). The language would be something like this, and I know it's a run-on sentence. I'll break it into two (2) or three(3), I'm a lawyer, it happens now and again. If at any time hereunder the Town Highway Superintendent determines that repairs and maintenance of Butler Pond Road is required, such funds held hereunder shall be released from escrow and used to pay for such repairs and maintenance attributable to and caused by JUST's vehicles, and the Town Budget Officer shall inform JUST in writing of the use of such funds for such purpose and JUST shall replenish the escrow fund to return it to the same amount as it had immediately prior to such use. SUPERVISOR STROUGH- Okay. TOWN COUNSEL, HAFNER- And I think that meets to clarify that. SUPERVISOR STROUGH- And I'll call that the replenishment clause. TOWN COUNSEL, HAFNER- Yes. SUPERVISOR STROUGH-Being added to two (2). TOWN COUNSEL, HAFNER-It's there for the Town Board to consider. SUPERVISOR STROUGH-I think that sounded very well and ... TOWN COUNSEL, HAFNER-It's a long run-on, I'll break it up. SUPERVISOR STROUGH- All right, so that's the escrow agreement with JUST Beverages. RESOLUTION ACCEPTING DEDICATION OF RIDGEWOOD COURT IN RIDGE ROAD SUBDIVISION, RIDGEWOOD HOMES REGULAR TOWN BOARD MEETING, 05-04-201 ,MTG 415 761 RESOLUTION NO.: 173,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, Robert Wall (Developer) has offered a deed to the Town of Queensbury to dedicate Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land Surveyors, LLC dated March 30,201 ,and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the Developer completing the top coat of the black-top within two years of the date of acceptance or by May 411i 2017, and if applicable, all drainage easements being in place, and WHEREAS,the Developer has provided the Town with a$12,444 cash escrow to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements,and WHEREAS,the Town Water Superintendent and Wastewater Director has indicated that there is no water/wastewater service for this road dedication,and WHEREAS, the Town's Director of Planning, Zoning and Code Compliance and/or Director of Building and Codes Enforcement have confirmed that they have inspected Ridgewood Court and it was found to be in general compliance with the requirements of their offices except as detailed below, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes contingent upon the Town Highway Superintendent confirming that street and/or stop signs have been installed, and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including the Escrow Agreement substantially in the form presented at this meeting,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs Robert Wall to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 762 roads to the official inventory of Town Highways as follows: Name: Ridgewood Court Road Number: 2015-1 Description: Beginning at NYS Route 9L and continuing in a westerly direction a distance of 589' and.11±hundredths of a mile and ending at a cul-de-sac. Feet: 589' and.11±hundredths of a mile Duly adopted this 41h day of May,2015,by the following vote: AYES : Mr. Irish,Mr. VanNess,Mr. Strough,Mr. Metivier,Mr. Clements ABSENT: None NOES : None TOWN COUNSEL, 14AFNER- I do have the check and the signed escrow agreement here. So it was delivered. RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF MAY 5TH,2015 RESOLUTION NO.: 174, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of April 30th 2015 and a payment date of May 5th, 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of April 30th 2015 and a payment date of May 5th, 2015 totaling $595,651.67, 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 4th day of May, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 4.0 CORRESPONDENCE- NONE 5.0 PRIVILEGE OF THE FLOOR(LIMIT— 4 MINUTES) REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 763 RON BALL- Spoke further on the subject of JUST Beverages. JOHN SALVADOR- Good news on Town allowing new use of water extraction. • Spoke regarding his boathouse and fifteen (15) of the boat docks around the boat house are clearly in the Town of Bolton. The access to the Boathouse is not from the shore it is from navigable waters. • Spoke on the Blind Rock Road intersection. • Questioned the Board if the inspection of the sewer line on Bay Road has been completed. • The parking lot surrounding the Town office building complex needs to be paved. RALPH FORTE- Spoke further on the subject of JUST Beverages. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I)-Nothing to report. COUNCILMAN CLEMENTS (WARD II)- Thanked Supervisor Strough and Town Counsel for their assistance Resolution 3.7, entitled Resolution Authorizing Engagement of Cheap Pete's Lawn Care to Mow Certain Abandoned or Neglected Properties in the Town of Queensbury. COUNCILMAN IRISH (WARD III)-Did you know that fifty percent (50%) or more of all children that drown drown because their parents never learned to swim and were afraid to teach their children? The Town offers swim lessons through our Parks and Recreation Department. It is a great program and very important! COUNCILMAN VANNESS (WARD IV)- Thanks to Councilman Metivier, the property on Oak Tree Circle is finally being cleaned up. SUPERVISOR STROUGH- • Spoke regarding the e-electronics collection and recycling program. Mr. John Riley with Northeast Electronics Recycler has been doing the collections. He has recently discovered that the company is no longer going to pay for certain items, therefore, it is not feasible for Mr. Riley to continue doing the collections. If the Town is willing to pay him, he will continue to collect the recyclables. The DEC website states that manufacturers are required to provide collection zones or centers for these electronic goods for any municipality with a population of ten thousand (10,000) or over. Both the Town of Queensbury and the City of Glens Falls meet that requirement. Supervisor Strough has sent numerous emails and phone calls to DEC in the last week looking for answers. He has yet to receive a response on this matter. • May 2015 water and sewer bills will be mailed in the middle of the month. The Town of Queensbury is installing new software which will allow for an on-line payment option. • Reviewed for the public the impressive catalog of activities offered by the Parks and Recreation Department. They do a wonderful job! • Reviewed the spring pick-up schedule. Please call the Highway Department with any questions. • Reviewed Fire Marshal's Activity Report for April. • Reviewed for bicyclists the bicycle safety laws. • Rough road signage will be installed on 9L from Sunnyside Road up to Jenkinsville Road, as well as other areas along those parts, until road repairs are completed by the State. • Spoke regarding escrow agreement with JUST Beverages. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING REGULAR TOWN BOARD MEETING, 05-04-2015,MTG#15 764 RESOLUTION NO.: 175, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 4th day of May, 2015, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury