2015-06-01 MTG 18 Regular Town Board Meeting, 06-01-2015, Mtg# 18 782
REGULAR TOWN BOARD MEETING MTG#18
June 1, 2015 RES# 191-206
7:00 P.M. BOH #9-12
RD #: 2015-2
TOWN BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH
COUNCILMAN WILLIAM VANNESS
TOWN COUNSEL
ROBERT HAFNER, ESQ.
TOWN OFFICIALS
CONNIE GOEDERT, Cemetery Superintendent
PRESS
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POST STAR
SUPERVISOR STROUGH called meeting to order...
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH
1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 191, 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
Regular Session and moves into the Queensbury Board of Health.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF CHARLES CREW
RESOLUTION NO.: BOH 9,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
Regular Town Board Meeting, 06-01-2015, Mtg# 18 783
WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and
is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage
Disposal Ordinance, and
WHEREAS, Charles Crew has applied to the Local Board of Health for a variance from
Chapter 136 to install a fill absorption system 160' from the Lake George shoreline in lieu of the
required 200' horizontal separation on property located at 111 Assembly Point Road in the Town of
Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
hearing on Monday, June 15t1i 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay
Road, Queensbury, to consider Charles Crew's sewage disposal variance application concerning
property located at 111 Assembly Point Road in the Town of Queensbury (Tax Map No.: 239.7-1-
1.12) and at that time all interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town
Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the
Notice to neighbors located within 500 feet of the property as required by law.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 10,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves
back into Regular Session of the Queensbury Town Board.
Duly adopted this 1St day of June, 2015 by the following vote:
AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES: None
ABSENT: None
Regular Town Board Meeting, 06-01-2015, Mtg# 18 784
REGULAR SESSION
2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN.)
MR. RON BALL-Referred to Resolution 3.3, `Resolution Accepting Dedication of Devin Court
in the Village at Sweet Road Subdivision and noted that he supports anything built by Cerrone
Builders. Referred to Resolution 3.6, `Resolution Supporting the Use of a One-Way Traffic
Pattern for JUST Beverages Water Extraction Using Buckbee Road and Butler Pond Road' and
noted that he is against it.
MR. MARK CARROLL, 53 Buckbee Road-Referred to Resolution 3.6, `Resolution Supporting
the Use of a One-Way Traffic Pattern for JUST Beverages Water Extraction Using Buckbee
Road and Butler Pond Road' and noted that he is totally against the project.
MR. ERNIE MARTINDALE, 17 Aviation Road-Noted that he lives at the corner of West
Mountain Road and Aviation Road which has been determined by the State of New York to be
one of the most dangerous intersections that we have in the state. Noted that he's against the
proposed project and `Resolution Supporting the Use of a One-way Traffic Pattern for JUST
Beverages Water Extraction Using Buckbee Road and Butler Pond Road' but because its
approved he recommends equal distribution, one way up and one way down is the best way to
go.
MR. NELSON MILLER, 175 Gurney Lane-Referred to Resolution 3.6, `Resolution Supporting
the Use of a One-Way Traffic Pattern for JUST Beverages Water Extraction Using Buckbee
Road and Butler Pond Road' and noted that he agrees with both prior speakers, the road can't
support the truck traffic and feels it's an accident waiting to happen. Stated that the whole
project has been a negative impact to the neighborhood and at the very least there should be a
more aggressive plan for them to mitigate the damage that will occur to both of those roads.
MS. GRETCHEN STEFFAN-Referred to Resolution 3.6, `Resolution Supporting the Use of a
One-Way Traffic Pattern for JUST Beverages Water Extraction Using Buckbee Road and Butler
Pond Road' and noted that Buckbee is not suitable for that kind of truck traffic and
recommended to the Town Board to vote no.
DR. DAVE JUDKINS, Butler Pond Road-Referred to Resolution 3.6, `Resolution Supporting
the Use of a One-Way Traffic Pattern for JUST Beverages Water Extraction Using Buckbee
Road and Butler Pond Road', noted that he supports the resolution and the project should be
shared over both roads.
MR. JOHN SALVADOR-Referred to Resolution 3.9, `Resolution Authorizing Local Tourism
Promotion and Convention Development Agreements Between Town of Queensbury and Certain
Organizations', noted that the majority of those are private undertakings and stated further that
there's a constitutional prohibition against the use of public funds in aid and support of private
undertakings.
MR. PLINEY TUCKER, 41 Division Road-Questioned whether administrators received salary
increases.
3.0 RESOLUTIONS
TOWN COUNSEL HAFNER recommended that Resolution 3.2 be addressed under the
Queensbury Board of Health.
RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: 192, 2015
Regular Town Board Meeting, 06-01-2015, Mtg# 18 785
INTRODUCED BY: Mr. Anthony Metivier
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 1St day of June, 2015, by the following vote:
AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES: None
ABSENT: None
BOARD OF HEALTH
RESOLUTION DECLARING A HEALTH HAZARD AND ORDERING
CLEAN-UP OF PROPERTY LOCATED AT 61 WISCONSIN AVENUE AND
OWNED BY SEAN AND SAMANTHA KEELEY (TAX MAP #: 308.12-2-30)
RESOLUTION NO.: BOH 11,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement
(Director) has advised the Town's Local Board of Health that he has received complaints about a
large amount of junk, debris and garbage on the property owned by Sean and Samantha Keeley
located at 61 Wisconsin Avenue in the Town of Queensbury(Tax Map No.: 308.12-2-30), and
WHEREAS, the Director has investigated and inspected the property and has advised that
there is a large amount of junk, debris and garbage on such property, as well as inside the residence,
and therefore, in his opinion, there are violations of the Town's Garbage and Junkyard Ordinances,
the property constitutes a health hazard and nuisance to the neighborhood as there are small children
in proximity to the property, the property is unsafe to the general public and the owners have
abandoned the property, and therefore the Director strongly recommends that the Board of Health
take immediate action to clean-up the property, and
WHEREAS, the Director has further advised the Town Board that he has attempted to
provide notice of the Code violations to the property owners but he has been unable to contact them
and his correspondence to them has been returned unopened, and
WHEREAS, by letter dated May 20th, 2015, the Town's Health Officer advised that he
inspected the property and found that the house has apparently been abandoned, there is garbage on
Regular Town Board Meeting, 06-01-2015, Mtg# 18 786
the side and front porches which could be a breeding ground for disease-carrying vermin, and
therefore, in his opinion, the property is a health hazard and needs to be cleaned-up immediately,
and
WHEREAS, the Director has advised that Cheap Pete's Lawn Care can clean-up the yard
and haul away the garbage for an amount of$225,
NOW, THEREFORE, BE IT
RESOLVED, that after reviewing all of the evidence presented at this time, the Town of
Queensbury Local Board of Health is of the opinion that the property owned by Sean and Samantha
Keeley bearing Tax Map No.: 308.12-2-30 and located at 61 Wisconsin Avenue, Queensbury
appears to be a potential object of attraction to rodents and animals, a nuisance, health hazard,
unsafe and dangerous and there is a clear and imminent danger to the life, safety or health of the
general public and therefore directs the Director of Building and Codes Enforcement to arrange with
Cheap Pete's Lawn Care for the immediate clean-up of the yard, debris and garbage on such
property and thereafter assess any charge to the real property in accordance with the emergency
provisions of the New York Public Health Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes payment in an amount not to exceed
$225 to Cheap Pete's Lawn Care for the immediate clean-up services to be paid for from such
account(s) as will be determined by the Town's Budget Officer and the Town Board authorizes and
directs the Town Budget Officer to make any needed budget transfers or amendments to the 2015
Town Budget as may be necessary to provide for such payment, 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 any other action
necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of June, 2015 by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
AB SENT None
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO.: BOH 12,2015
Regular Town Board Meeting, 06-01-2015, Mtg# 18 787
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves
back into Regular Session of the Queensbury Town Board.
Duly adopted this 1St day of June, 2015 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES: None
ABSENT: None
REGULAR SESSION
RESOLUTION AUTHORIZING GLENS FALLS LIONS CLUB DUATHLON
RESOLUTION NO.: 193,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Glens Falls Lions Club has requested permission to conduct its third annual
Duathlon which will raise funds to enable them to continue their work in sight and hearing
assistance and preservation as follows:
SPONSOR: Glens Falls Lion Club
EVENT: Duathlon
DATE: Sunday, October l lth 2015
TIME: Approximately 8:30 a.m.
PLACE: Beginning and ending at SUNY Adirondack
(Letter and Map regarding location of walk attached);
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Glens Falls Lion Club
to conduct its second annual Duathlon within the Town of Queensbury as set forth above,
contingent upon the Town's receipt of proof of proper insurance, and
BE IT FURTHER,
RESOLVED, that the Town Board approves this event subject to approval by the Town
Highway Superintendent which approval may be revoked due to concern for road conditions at any
time up to the date and time of the event, and
Regular Town Board Meeting, 06-01-2015, Mtg# 18 788
BE IT FURTHER,
RESOLVED, that this event shall also be subject to the approval of the Warren County
Superintendent of Public Works.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION ACCEPTING DEDICATION OF DEVIN COURT IN
THE VILLAGE AT SWEET ROAD SUBDIVISION
RESOLUTION NO.: 194,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, Cerrone Builders, Inc. (Developer) has offered a deed to the Town of
Queensbury to dedicate Devin Court in The Village at Sweet Road Subdivision to the Town of
Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land
Surveyors, LLC dated April 15, 2015, 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 June 1St, 2017 and if applicable, all drainage easements being
in place, and
WHEREAS, the Developer will provide the Town with a $40,567 Letter of Credit to ensure
placement of the top coat on the road by June 1St, 2017 consistent with the Town Highway
Superintendent's requirements, and
WHEREAS, the Town Water Superintendent and Wastewater Director has indicated that an
inspection has been made of the water mains, wastewater collection lines and appurtenances
installed in The Village at Sweet Road Subdivision and the installation has been made in
accordance with the requirements of the Town Water/Wastewater Department, with the Developer
to be responsible for the installation's repair and maintenance for one year from the date of Town
Board approval of the road dedication or through June 1St, 2016, and
WHEREAS, the Town's Zoning Administrator has confirmed that his office inspected
Regular Town Board Meeting, 06-01-2015, Mtg# 18 789
Devin Court and it was found to be in general compliance with the requirements of his office except
that permanent survey monuments have not yet been installed,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication
of Devin Court in The Village at Sweet Road Subdivision contingent upon the Town's receipt of the
required $40,567 Letter of Credit as delineated in the preambles of this Resolution and the Town
Highway Superintendent confirming that permanent survey monuments 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, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Cerrone Builders 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
roads to the official inventory of Town Highways as follows:
Name: Devin Court Road Number: 2015-2
Description: Beginning at Sweet Road and continuing in a northerly direction a
distance of 2,400±' and .45±hundredths of a mile and ending at a
cul-de-sac.
Feet: 2,400±' and .45±hundredths of a mile
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
ABSENT: None
NOES None
RESOLUTION AUTHORIZING RENEWAL OF
TOWN OF QUEENSBURY'S WORKERS' COMPENSATION POLICIES
WITH PUBLIC EMPLOYER RISK MANAGEMENT
ASSOCIATION, INC. (PERMA)
Regular Town Board Meeting, 06-01-2015, Mtg# 18 790
RESOLUTION NO.: 195,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 167, 2013, the Queensbury Town Board authorized the
naming of Haylor, Freyer & Coon, Inc. as Broker of Record (Broker) relating to the Town of
Queensbury's Workers' Compensation Policies(Policies), and
WHEREAS, by Resolution No.: 218, 2014, the Queensbury Town Board authorized and
awarded the Town of Queensbury's Workers' Compensation Policies to the Public Employer Risk
Management Association, Inc., ("PERMA"), and
WHEREAS, the Town Board wishes to renew such Policies with PERMA as set forth in the
renewal quotation dated May 21, 2015 and presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes its renewal of its Town of
Queensbury's Workers' Compensation Policies with the Public Employer Risk Management
Association, Inc., ("PERMA") as set forth in the renewal quotation dated May 21, 2015 and
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any needed Agreement and/or any other documentation and the Town Supervisor and/or
Budget Officer to take all actions necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND FAMILY YMCA OF THE GLENS FALLS AREA
RESOLUTION NO.: 196,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
Regular Town Board Meeting, 06-01-2015, Mtg# 18 791
WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Family
YMCA of the Glens Falls Area to support the YMCA's provision of its summer day camp
experience to approximately 30 children, and
WHEREAS, a proposed Agreement has been presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between
the Town and the Family YMCA of the Glens Falls Area to support the YMCA's provision of its
summer day camp experience to approximately 30 children, with funding for the Agreement not
exceeding the sum of $6,000 and authorizes and directs the Town Supervisor to execute the
Agreement, with funding to be paid for from Account No.: 001-8989-4414.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION AUTHORIZING RENEWAL CONTRACTS FOR
EMPLOYEE GROUP HEALTH INSURANCE PLANS WITH
EMPIRE BLUE CROSS BLUE SHIELD
EFFECTIVE FROM JULY 1ST, 2015- JUNE 30TH, 2016
RESOLUTION NO.: 197,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury previously entered into agreements for employee
group health insurance plans with Empire Blue Cross Blue Shield, and
WHEREAS, the Town Board, in conjunction with Capital Financial Group, has
negotiated renewal contracts for July 1St, 2015 through June 30t1i 2016 with Empire Blue Cross
Blue Shield,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes renewal
contracts for July 1St, 2015 through June 30t1i 2016 with Empire Blue Cross Blue Shield with the
monthly premiums to be as follows:
Regular Town Board Meeting, 06-01-2015, Mtg# 18 792
INDIVIDUAL TWO PERSON FAMILY
PPO 797.06 2324.74 2328.41
EPO 734.79 2142.81 2146.48
and
BE IT FURTHER,
RESOLVED, that in the event that surcharges or fees are mandated or imposed on the
Town's health insurance policies that are beyond the Town's control, resulting rate changes may
be passed on to all employees without further Town Board Resolution, although the Town will
provide notice of any such rate changes to all employees and retirees, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to
take such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION AUTHORIZING LOCAL TOURISM PROMOTION AND
CONVENTION DEVELOPMENT AGREEMENTS BETWEEN TOWN OF
QUEENSBURY AND CERTAIN ORGANIZATIONS
RESOLUTION NO.: 198,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of
occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and
Convention Development Agreement (Agreement) entered into between the Town and Warren
County, and
WHEREAS, the Agreement provides that specific expenditure of the funds provided under
the Agreement are subject to further Resolution of the Queensbury Town Board, and
WHEREAS, the Town of Queensbury has received applications for such occupancy tax
Regular Town Board Meeting, 06-01-2015, Mtg# 18 793
funding from various organizations and the Town Board has met and deliberated concerning such
funding requests, and
WHEREAS, the Town Board wishes to provide funding and enter into Agreements with
certain organizations,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes funding to
the following organizations to assist in funding their various events and authorizes Local Tourism
Promotion and Convention Development Agreements (Agreements) between the Town and each
organization and authorizes and directs the Town Supervisor to execute the Agreements as follows:
NAME OF ORGANIZATION 2015 FUNDING AMOUNT
Adirondack Balloon Festival $15,000
Adirondack Theater Festival $ 3,000
Adirondack VetteFest 2015 $ 1,500
Chapman Historical Museum $10,000
Feeder Canal Alliance $ 3,000
Friends of Cole's Woods $ 1,000
Glens Falls Symphony Orchestra(41h of July) $ 4,000
Saratoga Musical Union(Glens Falls City Band Concerts) $ 6,230
Great Escape Theme Park $ 6,000
Hyde Collection $ 8,000
Lake George Regional Convention&Visitor's Bureau $17,500
Sister Cities Committees $ 1,500
South Warren Snowmobile Club $ 1,000
Warren County Historical Society $ 1,150
Warren County Safe & Quality Cycling $ 2,000
West Glens Falls Volunteer Fire Co. $ 6,500
World Awareness Children's Museum $ 1,000
World Strides/Roller Coaster Race $ 1,500
WSCO— Shop With a Cop Program $ 750
and
BE IT FURTHER
RESOLVED, that such funding shall be provided by occupancy tax revenues the Town
receives from Warren County, to be paid for from Account No.: 050-6410-4412, and
Regular Town Board Meeting, 06-01-2015, Mtg# 18 794
BE IT FURTHER,
RESOLVED, that each Agreement is expressly contingent upon the Town Budget Officer
confirming that the Town has unallocated occupancy tax funds available from Warren County.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
ABSTAIN: Mr. Clements (Adirondack Theatre Festival), Mr. Strough (Warren County Safe &
Quality Cycling), Mr. VanNess(West Glens Falls Volunteer Fire Co.)
RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF
2015 FORD F250 3/4 TON PICK-UP TRUCK, PLOW AND ACCESSORIES
FOR TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 199, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. William VanNess
WHEREAS, in accordance with Resolution No.: 181, 2015, the Town of Queensbury's
Purchasing Agent duly advertised for bids for the purchase of a replacement 2015 or newer 3/4 ton
pick-up truck in the Highway Department as an F250 pick-up truck with high mileage and needing
major repairs must be retired (Asset #4200) as set forth in bid specifications prepared by the
Highway Superintendent and/or Purchasing Agent, and
WHEREAS, on May 27th, 2015, the Purchasing Agent duly received and opened all bids,
and
WHEREAS, the Town Highway Superintendent and Purchasing Agent have
recommended that the Town Board award the bid to the lowest, responsible bidder, Auto Saver
Ford, for the amount not to exceed $28,777, and
WHEREAS, the Highway Superintendent has advised that he wishes to purchase a plow
and certain other accessories for such new truck in an amount not to exceed $8,000 from
Arrowhead Equipment,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the
Regular Town Board Meeting, 06-01-2015, Mtg# 18 795
purchase of a 2015 Ford F250 3/4 Ton Pick-Up Truck for use by the Town Highway Department
from the lowest, responsible bidder, Auto Saver Ford, for the amount not to exceed $28,777, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the purchase of a plow
and certain other accessories in an amount not to exceed $8,000 from Arrowhead Equipment,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that payment for such
truck and plow shall be from Vehicles Account No.: 004-5130-2020, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer
to amend the Town Budget to transfer:
• $20,000 from Highway Health Insurance Account No. 004-9060-8060; and
• $16,777 from Highway Salaries & Wages Account No. 004-5110-1010;
into Vehicles Account No.: 004-5130-2020 and make any other needed adjustments, budget
amendments, transfers or prepare any documentation necessary to effectuate all terms of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Highway Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all
action necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION APPOINTING/REAPPOINTING MEMBERS TO
DEFERRED COMPENSATION PLAN COMMITTEE
RESOLUTION NO.: 200,2015
Regular Town Board Meeting, 06-01-2015, Mtg# 18 796
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No. 515.94, the Queensbury Town Board elected to participate
in a Deferred Compensation Plan for its employees and appointed ITT Hartford as the administrator
of the Plan, and
WHEREAS, a Deferred Compensation Committee consisting of Town employees was
organized in 1994 to evaluate the proposals and make recommendations to the Town Board on any
proposed changes to the Deferred Compensation Plan, and
WHEREAS, the membership of the Deferred Compensation Committee was last established
by Resolution No. 280, 2000, and
WHEREAS, since that time some of the employees on the Deferred Compensation
Committee have left employment of the Town and the Town Board wishes to appoint and/or re-
appoint members to the Deferred Compensation Committee,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints/reappoints the following
Town employees to the five (5) member Deferred Compensation Committee:
1. John Strough, Town Supervisor;
2. Barbara Tierney, Town Budget Officer;
3. Chris Harrington, Water Superintendent/Wastewater Director;
4. Maria Gagliardi, Community Development Department; and
5. Pamela Hunsinger, Legal Assistant;
and
BE IT FURTHER,
RESOLVED, that the Committee members shall serve on the Committee until 1) his or her
employment with the Town is terminated, 2) a replacement is appointed, or 3) the Committee is
disbanded.
Regular Town Board Meeting, 06-01-2015, Mtg# 18 797
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION APPROVING AUDIT OF BILLS
WARRANT OF JUNE 2ND, 2015
RESOLUTION NO.: 201,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a
Warrant with a run date of May 28t1i 2015 and a payment date of June 2"a 2015,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run
date of May 28th 2015 and a payment date of June 2"d 2015 totaling $1,010,660.85, 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 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
FINAL ORDER APPROVING EXTENSION NO.: 49 TO QUEENSBURY
CONSOLIDATED WATER DISTRICT TO SERVE LEUCI SUBDIVISION
RESOLUTION NO.: 202,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
Regular Town Board Meeting, 06-01-2015, Mtg# 18 798
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve the proposed Leuci Subdivision (Subdivision) on Peggy Ann Road in
accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Thomas
Nace, P.E., concerning the proposed Water District Extension No. 49 to connect the Subdivision
to the existing Queensbury Consolidated Water District water main along the south side of Peggy
Ann Road as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office
and made available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension No. 49, a general plan of the proposed system, a report of the proposed method of
operation, the source of water supply and mode of constructing the proposed water district extension
improvements, and
WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State
Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the
proposed Water District Extension No. 49, determined that the project would not have a
significant effect on the environment and issued a Negative Declaration, and
WHEREAS, the estimated annual cost to the "typical property" was filed with the Town
Clerk as part of the Map, Plan and Report; and
WHEREAS, on April 6t1i 2015, subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the
boundaries of the proposed Water District Extension No. 49; (b)the proposed improvements; (c)the
maximum amount proposed to be expended for the improvements; (d)the estimated cost of hook-up
fees (if any) and the cost of the Water District Extension No. 49 to the typical property and the
typical one or two family home(if not the typical property); (e)the proposed method of financing to
be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the
Town Clerk's Office; (g) the time and place of a public hearing on the proposed Water District
Extension No. 49, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the New York State Comptroller's Office, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees(if any) and the cost of the Water District Extension No. 49 to the
Regular Town Board Meeting, 06-01-2015, Mtg# 18 799
typical property and typical one or two family home (if not the typical property)were computed was
filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and
WHEREAS, on April 20t1i 2015, the Town Board held a public hearing and heard all
interested persons concerning the proposed Water District Extension, considered the evidence given
together with other information and adopted Resolution No.: 144,2015 determining that (a) the
Notice of Public Hearing was published and posted as required by law and is otherwise sufficient;
(b) it is in the public interest to establish, authorize, and approve the Water District Extension No.
49 to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report
on file with the Queensbury Town Clerk; (c) all property and property owners within the Water
District Extension No. 49 are benefited; and (d) all benefited property and property owners are
included within the limits of the Water District Extension No. 49; subject to permissive referendum
in the manner provided in Town Law Article 7 and subject to certain conditions specified in the
Resolution; and
WHEREAS, the Town Clerk duly posted and published the notice required for resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the
date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the
office of the County Clerk; and
WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law
§9-f; and
WHEREAS, the Town Board wishes to establish the proposed Water District Extension No.
49 in accordance with Town Law Article 12-A and intends to consider consolidating the Water
District Extension No. 49 with the Queensbury Consolidated Water District in the future,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Town of Queensbury Consolidated Water District Extension No. 49
be established as described in the Map, Plan and Report and the improvements described in the
Map, Plan and Report be constructed and the service within the Water District Extension No. 49 be
provided upon the required funds being made available or provided for; and it is
FURTHER ORDERED, that no property within such Water District Extension No. 49 shall
be hooked up or receive water until such time as the Water Superintendent shall be satisfied, in his
absolute discretion, that all infrastructure has been installed correctly as detailed in the Map, Plan
and Report's corresponding specifications, that all costs of installation have been paid for by the
Developer as per the Map, Plan and Report, and that all infrastructure and easements deemed
necessary by him and Town Counsel have been dedicated to the Town, and it is
Regular Town Board Meeting, 06-01-2015, Mtg# 18 800
FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a
certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to
be filed in the office of the State Department of Audit and Control in the time and manner required
by law; and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this
Order.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION ENDORSING CONSOLIDATION AGREEMENT
AND SETTING PUBLIC HEARING CONCERNING PROPOSED
CONSOLIDATION OF QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
WATER DISTRICT EXTENSION NO. 49
RESOLUTION NO.: 203, 2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer
districts to consolidate into combined districts if such combination "shall be conducive to the
public health, welfare, and convenience and be of special benefit to the lands of the districts,"
and
WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly
established by the Town Board and has been expanded by several extensions over the past 30
years, and
WHEREAS, occasionally, individual property owners outside the QCWD but with Town
water supply in the immediate vicinity have wished to receive water from the District and have
been purchasing water under contract with the Town as out-of-district users, and
WHEREAS, by Final Order dated June 1St, 2015, the Town Board established the
Queensbury Consolidated Water District Extension No. 49 to the QCWD to serve the proposed
Leuci Subdivision on Peggy Ann Road ("QCWDX"), and
WHEREAS, water mains and fire hydrants are currently being constructed to serve the
parcels within the QCWDX and no other new capital improvements are required, and
Regular Town Board Meeting, 06-01-2015, Mtg# 18 801
WHEREAS, the Town Water Superintendent has studied whether it would be to the
mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and
the QCWDX into one District, and determined that such a combination would create greater
operating efficiencies, provide better service to the public each serves, and generate cost savings
by avoiding duplication in administrative services, and
WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a
Consolidation Agreement to commence proceedings to consolidate Districts, and
WHEREAS, Town Counsel and the Town Water Superintendent have prepared a
proposed Consolidation Agreement and provided it to the Town Board for its review,
NOW, THEREFORE, IT IS HEREBY
RESOLVED:
1. The Town Board hereby endorses the proposed Consolidation Agreement.
2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at
the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, July 20th
2015 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take
such other and further action as may be required or authorized by law.
3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to:
(a) cause a copy and a summary of the Agreement to be displayed and readily
accessible to the public for inspection in a public place within each District;
(b) cause a copy and a summary of the Agreement and a reference to the public place
where they may be examined to be displayed on the Town's website; and
(c) arrange for the summary of the Agreement and a reference to the public place where
the Agreement may be examined to be published at least once each week for four
successive weeks in the Post Star,
not more than five (5) business days after adoption of this Resolution, as required by the New York
General Municipal Law.
4. The Town Board further authorizes and directs the Queensbury Town Clerk to cause
a Notice of the Public Hearing, including a summary of the Agreement and a reference to the public
place where it may be examined, to be published and displayed on the Town's website not less than
10 or more than 20 days before the Public Hearing, as required by the New York General Municipal
Law.
Regular Town Board Meeting, 06-01-2015, Mtg# 18 802
5. The Town Board authorizes and directs the Town Supervisor, the Town Water
Superintendent, the Town Clerk and/or Town Counsel to take all actions necessary to effectuate this
Resolution.
Duly adopted this 1St day of June, 2015 by the following vote:
AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES: None
ABSENT: None
RESOLUTION SUPPORTING THE USE OF A ONE-WAY TRAFFIC
PATTERN FOR JUST BEVERAGES WATER EXTRACTION USING
BUCKBEE ROAD AND BUTLER POND ROAD
RESOLUTION NO.: 204,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, the Town of Queensbury's Highway Superintendent has inspected the
condition of Buckbee Road and found it to be sufficient to support the use by empty trucks
specified by JUST Beverage's application to the Town Planning Board, and
WHEREAS, the Town Highway Superintendent has notified, in writing, JUST Beverages
and the Town Planning Board that empty trucks using Buckbee Road would not negatively
impact the condition of Buckbee Road, and
WHEREAS, JUST Beverages has previously agreed to the use of a one-way traffic
pattern to reduce truck traffic on Butler Pond Road, and
WHEREAS the Town Planning Board has issued an approval for JUST Beverage's Site
Plan, and
WHEREAS, the Town Board wishes to encourage the use of a one-way traffic pattern by
JUST Beverages,
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board does approve of and encourages the use of a
one-way traffic pattern for JUST Beverages to access their well site with empty trucks using
Buckbee Road and to exit their well site with full trucks using Butler Pond Road.
Duly adopted this 1St day of June, 2015, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Clements
NOES Mr. Strough, Mr. Metivier
Regular Town Board Meeting, 06-01-2015, Mtg# 18 803
ABSENT: None
RESOLUTION AUTHORIZING HIRING OF JERMEY SQUIRES AS
FULL-TIME LABORER FOR CEMETERY DEPARTMENT
RESOLUTION NO.: 205,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury's Cemetery Superintendent has advised the Town
Board that there is a vacant, full-time Laborer position in the Cemetery Department as a result of a
recent resignation, and
WHEREAS, the Cemetery Superintendent posted availability for the position, reviewed
resumes, interviewed candidates, and has recommended that the Town Board authorize the hiring of
Jermey Squires in the full-time Laborer position,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of
Jermey Squires as a full-time Laborer in the Town's Cemetery Department effective on or about
June 2"a 2015 subject to Mr. Squires' 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 Mr. Squires 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,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor,
Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action
necessary to effectuate the terms of this Resolution.
Duly adopted this 1St day of June, 2015 by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
Regular Town Board Meeting, 06-01-2015, Mtg# 18 804
ABSENT: None
4.0 CORRESPONDENCE-NONE
5.0 PRIVILEGE OF THE FLOOR
MR. GEORGE WINTERS-Referred to the roundabout on Aviation Road and asked who put the
trees and grass in the middle?
SUPERVISOR STROUGH-Agreed there is an issue there and noted that the hired contractor put
them in.
MR. WINTERS-Questioned whether he will be replacing them? Noted that he doesn't agree with
placing a tree in there, makes it difficult to see.
SUPERVISOR STROUGH-Noted that he will make sure to follow up and get it taken care of
MR. WINTERS-Referred to the car chase recently and questioned whether there's a law regulating
the speed police officers can travel.
COUNCILMAN VANNESS-No,NYS Vehicle Traffic Law, they're basically exempt.
MR. WINTERS-Requested that Supervisor Strough inform the town what's being done at the
County level.
ATTORNEY MIKE O'CONNOR-Thanked the Town Attorney and the Town Board with handling
the expediting of the road dedication of Devin Court.
MR. JOHN SALVADOR-Spoke to the Town Board regarding the Hudson Avenue Sewer
Improvement Agreement between the Town of Queensbury and the City of Glens Falls, does not
agree that it's going to do anything but pollute the River. Spoke regarding the Dunham Bay's
Wastewater Initiative, the approach is not good and it's not addressing the real problems.
DR. DAVE JUDKINS, 286 Butler Pond Road-Spoke regarding issues relating to the Resolution
Supporting the Use of a One-Way Traffic Pattern for JUST Beverages Water Extraction Using
Buckbee Road and Butler Pond Road.
MR. MICHAEL COLEMAN, 120 Ballard Road, Gansevoort-Spoke to the Town Board regarding a
dangerous incident that took place at the Great Escape on May 30th during severe weather.
COUNCILMAN VANNESS-Mr. Mike Palmer, our Fire Marshal is one of the best. He follows the
code and when it's not right, Mike will be the one who will take them to Court literally if it's not
right. I think once you meet Mike you will be very satisfied with the course of action Mike will
take; he's very good at what he does.
SUPERVISOR STROUGH-Noted that he would like to get his contact information after the Town
Board meeting so he can follow up with this issue as well.
MS. GRETCHEN STEFFAN, Buckbee Road-Spoke regarding the issues involving the JUST
Beverages one way traffic pattern and the affects on the neighbors involved.
6.0 TOWN BOARD DISCUSSIONS
WARD II
COUNCILMAN CLEMENTS-Acknowledged the nice article by Carol Barnes about Phil
Fragassi in this month's issue of The Queensbury Post. I was a ninth grader in Phil Fragassi's
Earth Science class and later worked with him when he was an inspector with the New York
State Health Department and I was a caretaker at Wiawaka Holiday House on Lake George. So I
Regular Town Board Meeting, 06-01-2015, Mtg# 18 805
thought it was a nice article and wanted to thank Phil for all the things that he does and say hello
to him.
WARD III
COUNCILMAN IRISH-Thanked Supervisor Strough for co-hosting the Memorial Day Parade
with Glens Falls, I thought it was a great event, a great turnout so thank you for what you've
done for the last twenty (20) years.
WARD IV
COUNCILMAN VANNESS-Agreed with Councilman's Irish comments regarding the parade,
thanking the Supervisor and also acknowledged the keynote speaker Gurney Gutekunst who was
phenomenal and fantastic.
SUPERVISOR STROUGH-Thanked and acknowledged his City of Glens Falls counterpart
Colleen Tarantino and the organizing committee of Carl Fosco, Tim Benner, Wayne Wright and
Joan Aldous. Thanked the teachers of Glens Falls and Queensbury, Donna Bates, Katie Arney,
Mary Tulley, Bob Hummel, Betsy Krebs and Robin Brewer with their cooperation with the essay
and poster contests. Referred to the Warren County Soil and Water Annual Report and
acknowledged Mark Dutra who received the Conservationist Year Award and thanked him for
all he's done for the Town of Queensbury. Noted there have been a lot of requests for a
Hazardous Waste Day and that the County has agreed to have one and will be scheduling a date for
this fall.
COUNCILMAN IRISH-Recognized George Stec from the audience and who was one of the
Honored Guards in the Memorial Day Parade. Thank you George for your service and thank you
for participating in the parade.
SUPERVISOR STROUGH-Thanked Look TV and sponsors for Look TV, StoredTech and others.
RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 206,2015
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns their
Regular Town Board Meeting.
Duly adopted this 1St day of June, 2015 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES: None
ABSENT: None
No further action taken.
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY