2015-08-20 SPMTG 27 SPECIAL TOWN BOARD MEETING, 08-20-201 , MTG 427 935
SPECIAL TOWN BOARD MEETING MTG#27
AUGUST 20, 2015 RES # 296-301
8:06AM
BOARD MEMBERS PRESENT
SUPERVISOR JOHN STROUGH
COUNCILMAN ANTHONY METIVIER
COUNCILMAN BRIAN CLEMENTS
COUNCILMAN DOUG IRISH-ABSENT
COUNCILMAN WILLIAM VANNESS
TOWN OFFICIALS
TOM VANNESS, HIGHWAY SUPERINTENDENT
DAVE DUELL, DEPUTY HIGHWAY SUPERINTENDENT
PRESS:
POST STAR
SUPERVISOR STROUGH CALLED MEETING/WORSKHOP TO ORDER
RESOLUTION DECLARING EMERGENCY REGARDING
DIXON ROAD CULVERT REPLACEMENT PROJECT AND
AUTHORIZING ENGAGEMENT OF KUBRICKY CONSTRUCTION
RESOLUTION NO.: 296,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.William VanNess
WHEREAS, by Resolution No.: 412,2014,the Queensbury Town Board authorized and approved
the Dixon Road Culvert Replacement Project (Project), establishment of the Dixon Road Culvert
Replacement Capital Project Fund 4206 and engagement of The Chazen Companies (Chazen) for design
and construction phase engineering services related to the Project, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the
bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set
forth in the Town's bid documents and specifications,and
WHEREAS, by Resolution No.: 230,201 , the Town Board authorized an advertisement for bids
for the Project but only one (1) bid was received and therefore by Resolution No.: 273, 2015, the Town
Board rejected the one(1)received bid and authorized a re-advertisement for bids for the Project,and
SPECIAL TOWN BOARD MEETING, 08-20-201 , MTG 427 936
WHEREAS, subsequent to such re-advertisement for bids, during an inspection of the Dixon Road
Culvert (Culvert), Chazen discovered further and unexpected damage to the Culvert which has significantly
increased, resulting in risk and danger to Dixon Road and motorists should such deterioration continue, such
determination of conditions and has advised that such Project be undertaken on an emergency basis for
public safety reasons as time does not now allow for the receipt of bids and has therefore recommended
that the Town Board engage the services of Kubricky Construction to perform the needed repairs on an
emergency basis, including all time, materials and all other incidental and related costs, for approximately
$300,000, which is less than the sole bid previously received and rejected prior to the unexpected and
quicker deterioration of the culvert area, and
WHEREAS,the Town Board hereby determines that such potential failure of the Culvert constitutes
an emergency procurement needed to best serve the Town's residents as such Project must be completed as
soon as possible,
NOW,THEREFORE, BE IT
RESOLVED, due to the sudden and emergency nature of the potentially imminent failure of the
Dixon Road Culvert, for public safety reasons, the Queensbury Town Board hereby waives its requirement
under General Municipal Law §103 and the Town of Queensbury's Purchasing Policy,and hereby authorizes
and directs the engagement of Kubricky Construction to perform the needed repairs for an amount not to
exceed $300,000 as such emergency repairs are needed for public safety and to best serve the Town's
residents and need to be made as soon as possible,and
BE IT FURTHER-
RESOLVED, that payment for such services shall be from the Dixon Road Culvert Replacement
Capital Project Fund 4206,
BE IT FURTHER-
RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to take all actions
necessary to amend the Town Budget and transfer$300,000 from General Fund unappropriated fund balance
to Capital Construction Account No.: 206-840-2899 to provide for such services,and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Chazen,
Highway Superintendent, Budget Officer, Purchasing Agent and/or Town Counsel to take all actions
necessary to effectuate this Resolution.
Duly adopted this 20th day of August,2015,by the following vote:
AYES : Mr. Metivier,Mr. Clements,Mr.VanNess,Mr. Strough
NOES : None
ABSENT: Mr. Irish
SPECIAL TOWN BOARD MEETING, 08-20-201 , MTG 427 937
RESOLUTION AMENDING TOWN'S
VOLUNTEER FIREFIGHTER SERVICE AWARD
PROGRAM PLAN DOCUMENT AND POINT SYSTEM
RESOLUTION NO.: 297,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, in accordance with New York State General Municipal Law §216, the
Queensbury Town Board previously adopted a defined contribution Volunteer Firefighter
Service Award Program (the "Program"), as described in General Municipal Law §216, and
WHEREAS, the Town Board wishes to amend portions of the Volunteer Firefighter
Service Award Program Plan Document and the Point Accumulation System to be consistent with
recent changes in General Municipal Law; and
WHEREAS, such an amendment is authorized, subject to a mandatory referendum,
pursuant to Article 11-A of the New York General Municipal Law; and
WHEREAS, the amendment is not expected to result in any increase in cost to property
owners in the Town;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends the Volunteer Firefighter
Service Award Program Plan Document to provide that, effective January 1, 2016, at Benefit
Commencement Date a Participant will have the option to be paid his or her Accrued Service
Award in one of the following forms:
i. A one-time lump sum.
i. Two (2) annual installments. If a Participant elects to be paid his or her Accrued
Service Award in two (2) annual installment payments, the first payment shall
equal one-half(1/2) of the lump-sum he or she would have otherwise been paid.
The second payment shall be equal to the remaining balance of the Accrued
Service Award calculated as of the next following December 31, reflecting actual
investment income and/or expenses or other transactions that occurred during the
Program Year, and payable as of January 1St. If the Participant dies before being
paid the second installment, the Participant's designated beneficiary will be paid
the second installment as scheduled.
and
BE IT FURTHER,
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 938
RESOLVED, that in order to conform the number of points granted for the performance
of an activity and the amount of an activity required to earn the points granted for the
performance of the activity with New York General Municipal Law, the Town Board hereby
adopts the attached "Town of Queensbury Volunteer Firefighter Length of Service Award
Program Point System" which was prepared by Penflex, Inc. as the official point system for the
Program, and
BE IT FURTHER,
RESOLVED, that the amendments to the Point Accumulation System include the
following:
(1) Attendance at Training Sessions: A category is added allowing for 25 points per
course over 100 hours.
(2) Participation in Sleep-in or Stand-by Session: Sleep-in session is defined as
staying at the fire house from 11:00 p.m. to 6:00 a.m. and must be authorized by
the Chief or his designee.
(2) Holding a Specified Elected or Appointed Positions: The way that points are
credited is revised to require that points will only be awarded for completion of a
term as an officer that is established in the Fire Company by-laws.
(3) Attendance at Official Fire Department Meetings: The way that points are
credited is revised to require that the meeting must be an Official Fire
Company/Department Meeting (Regular or Special) called by the President or
Chief that all firefighters are expected to attend, which does not include
committee meeting which are now included in the Miscellaneous Category.
(4) Participation in Department Responses: The maximum points for this activity is
increased from 30 to 50 if running both fire and first response calls. The number
of points earned for responding to the minimum number of call shown in the chart
in the Point System document is increased from 15 to 25. The requirement to
earn 15 points from this category is deleted.
(5) Miscellaneous Activities: The way that points are credited is expanded to include
participation in activities covered by the Volunteer Firefighters' Benefit Law and
listed in the Point System document.
(6) Teaching Fire Prevention Classes: A new category is added allowing credit of
one point per class up to 5 points per year maximum as described in the Point
System document.
(7) Line of Duty Disability: A new category is added allowing credit of 5 points for
each complete calendar month of certain disabilities up to 60 points per year, all
as described in the Point System document.
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 939
and
BE IT FURTHER,
RESOLVED, that the Service Award Program shall continue to be administered by the
Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that any other amendments to related Program documents required to
effectuate the intent of this Resolution are hereby authorized and approved, and
BE IT FURTHER,
RESOLVED, that the revisions to the Service Award Program approved in this
Resolution are subject to mandatory referendum and the Town Board hereby authorizes and
directs the Town Clerk and Town Counsel to prepare a proposition relating to this Resolution to
be placed on the November 3, 2015 election ballot for the approval or disapproval of the eligible
voters within the Town, and the Town Clerk, with the advice of Town Counsel, to prepare an
abstract of the proposition, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
transmit a certified copy of this Resolution together with the proposition and abstract to the
Warren County Board of Elections or other appropriate officials so that the proposition will be
placed on the November 3, 2015 election ballot in all the voting locations in the Town of
Queensbury Fire Protection District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take such additional actions as may be necessary and
appropriate in connection with the mandatory referendum and the Program amendments.
Duly adopted this 20th day of August, 2015, by the following vote:
AYES Mr. Clements, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. Irish
ABSTAIN: Mr. VanNess
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 940
This is the Town of Queensbury Volunteer Firefighter Service Award Program Point System,
adopted by the Town of Queensbury Town Board and approved by referendum of the voting
residents of the Town of Queensbury on November 3, 2015. This Point System replaces the
previous Point System that became effective January 1, 1990. The Point System is intended to
comply with Article 11-A of the General Municipal Law of the State of New York (i.e., the
Service Award Program law).
Each Fire Company (the Bay Ridge Volunteer Fire Company, North Queensbury Volunteer Fire
Company, Queensbury Central Volunteer Fire Company, South Queensbury Volunteer Fire
Company and West Glens Falls Volunteer Fire Company) has the responsibility to maintain its
Point System records. An Active Member of a Fire Company who is at least age eighteen (18) is
eligible to earn points under this Point System. It is imperative that all Active Members strictly
comply with sign-in procedures for verifying attendance at drills, meetings, calls, etc. These sign
in/attendance sheets must be produced upon demand if the Service Award Program records are
audited.
The Town Board may change the Point System but may do so only if the changes comply with
all governing rules, regulations, and laws. In the event that the Point System is changed, a written
notice of change will be given to Active Members within one hundred eighty (180) days of the
adoption of such change.
When reading this document, an Active Member should keep in mind that the intent of the Point
System is to provide all Active Members with ample opportunity to earn benefits under the
Service Award Program. An Active Member who, for whatever reason (such as regular work
hours), cannot earn as many points under one or more categories as other Active Members,
should focus on the total number of points he or she could earn from other categories.
The Point System contains categories of activities for which Active Members can earn points. To
earn Service Credit for a calendar year, an Active Member who is at least age 18 must earn at
least 50 points under this Point System during the calendar year. For more information, please
refer to the Town of Queensbury Volunteer Firefighter Service Award Program Plan Document.
The Point System is as follows:
1. Training Courses—25 point maximum
Based on duration of training courses as follows:
• Under 20 hours: One (1) point per hour; no more than five (5) points per course.
• 20 to 45 hours: Five (5) points plus one (1) point per hour for each hour over twenty
hours; no more than ten (10) points per course.
• Over 45 to 100 hours: Fifteen (15) points per course.
• Over 100 hours: Twenty-five (25) points per course.
NOTE: Training courses should be satisfactorily completed (certification of completion
required) and designated as approved courses by the Chief or the Board of Directors. A list of
approved courses will be posted and updated periodically. Persons who are paid to attend
training courses as part of their job or profession will not receive points for attending such
courses.
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 941
2. Attendance at Drills—20 point maximum
One (1) point per drill (minimum two hours duration).
3. Participation in Sleep-In or Stand-By Sessions —20 points maximum
• Sleep-ins: Each firefighter who participates in a sleep-in, which shall be defined as
staying at the fire house from 11:00 pm to 6:00 am, shall be given one (1) point for each
period served. All sleep-ins must be authorized by the Chief or his designee.
• Stand-by: One (1) point for each session. A stand-by shall be defined as a line of duty
activity of the Altamont Fire Department lasting for at least four (4) hours, not falling
under one of the other Point System categories. One (1) point shall be awarded for each
stand-by which shall include time spent standing by at the firehouse or at another location
in response to the direction of the Chief or the officer in charge.
4. Holding a Specified Elected or Appointed Position —25 points maximum
Twenty-five (25) points are earned for completing a full one-year term in an elected or appointed
position that is defined in the by-laws of the Fire Company. No points shall be awarded to a
position that is not defined as an elected or appointed position in the by-laws of the Fire
Company.
In addition, one (1) point is earned for each convention meeting attended by an Active Member
as a convention delegate appointed by the Fire Company. Proof of meeting attendance will be
required.
5. Attendance at Meetings—20 points maximum
Attendance at official Fire Company meetings— One (1) point per meeting.
Must be an official (regular or special) Company-wide meeting that all Active Members are
expected to attend. This does not include committee meetings.
6. Participation in Fire Company Responses— 50 points
Points are credited on an all or nothing basis for attending the minimum percentage of calls
outlined below. If the Active Member responds to the minimum percentage of Fire Calls, the
Active Member is credited with 25 points. If the Active Member responds to the minimum
percentage of Emergency Rescue and First Aid Squad Calls (i.e., "EMS Calls"), the Active
Member is credited with 25 points. An Active Member that responds to the minimum percentage
of both Fire Calls and EMS Calls is credited with 50 points. The required minimum percentage
of calls is:
Fire Calls
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 942
10% if the Fire Company responds to less than 500 Fire Calls during the calendar year.
7.5% if the Fire Company responds to at least 500 but less than 1,000 Fire Calls during the
calendar year.
5.0% if the Fire Company responds to at least 1,000 but less than 1,500 Fire Calls during the
calendar year.
2.5% if the Fire Company responds to 1,500 or more Fire Calls during the calendar year.
EMS Calls
10% if the Fire Company responds to less than 500 EMS Calls during the calendar year.
7.5% if the Fire Company responds to at least 500 but less than 1,000 EMS Calls during the
calendar year.
5.0% if the Fire Company responds to at least 1,000 but less than 1,500 EMS Calls during the
calendar year.
2.5% if the Fire Company responds to 1,500 or more EMS Calls during the calendar year.
Example 1: If the Fire Company responds to 400 Fire Calls during a calendar year, an Active
Member must respond to a minimum of 40 Fire Calls during the calendar year to earn 25 points
(400 x 10% =40).
Example 2: If the Fire Company responds to 700 EMS Calls during a calendar year, an Active
Member must respond to a minimum of 53 EMS Calls during the calendar year to receive 25
points (700 x 7.5% = 52.5 EMS Calls, which must be rounded up to 53).
Example 3: If the Fire Company responds to 225 Fire Calls and 350 EMS Calls during a calendar
year, an Active Member who responds to a minimum of 23 Fire Calls and 35 EMS Calls during
the calendar year will receive 50 points.
7. Miscellaneous Activities— 15 points maximum
One (1) point for attendance at other activities for which points cannot be earned in another
category described herein and at which an Active Member would be covered by the Volunteer
Firefighter's Benefit Law while participating in such activity. This includes one (1) point for
each committee meeting attended by an Active Member serving on a committee (Active
Members not serving on the committee or not asked to attend the meeting by the committee
chairperson cannot receive a point for attendance) except for meetings of officers only, as these
officers are already receiving points for being an officer.
8. Teaching Fire Prevention Classes— 5 points maximum
One point per class for an Active Member who at the direction of the Fire Company, and for no
remuneration, presents a public education class on fire prevention to a school, not-for-profit
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 943
corporation, or civic organization organized and existing under the laws of this state or
authorized to conduct activities in this state.
9. Line of Duty Disability—5 points per month /60 points per year
In the event that an Active Member is either totally and temporarily disabled, or partially and
permanently disabled, as certified by the Workers' Compensation Board or other competent
authority approved by the Town Board, and the disability occurs during the course of service as a
volunteer, while actively engaged in providing line of duty services, as defined in subdivision
one of section five of the Volunteer Firefighters' Benefit Law, the Active Member shall receive
five points for each complete calendar month during which such disability remains classified as
total and temporary or partial and permanent.
EXECUTION
By their signatures affixed hereto, the Town Supervisor of the Town of Queensbury does, on
behalf of said Town, and pursuant to a resolution passed by the Town Board and the approval of
Town voting residents in a referendum held November 3, 2015, hereby adopt this Town of
Queensbury Volunteer Firefighter Service Award Program Point System.
Supervisor Date
Signature witnessed by:
Town Clerk Date
RESOLUTION AUTHORIZING ACCEPTANCE OF EASEMENT FROM
PROPERTY OWNERS TO PROVIDE FOR EMERGENCY ACCESS FROM
KNOX ROAD TO SUNSET LANE
RESOLUTION NO.: 298,2015
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury has determined that the Town of Queensbury
needs a connection road for emergency access in the vicinity of Knox Road which would
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 944
connect to Sunset Lane and the acquisition of an easement from certain property owners in such
vicinity for such purpose, and
WHEREAS, the Town Board believes that acquisition of such easement will help the
Town have emergency access to certain locations in Assembly Point in the event of an
emergency and benefit Town residents, and therefore the Town Board wishes to authorize such
easement,
NOW THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and accepts an
easement from certain property owners which would provide a connection in the event of an
emergency from Knox Road to Sunset Lane as set forth in the preambles of this Resolution, in
form acceptable to the Town Supervisor and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Highway Superintendent and/or Town Counsel to sign any documents and take such other
and further action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 20th day of August, 2015 by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING INCREASE IN
HOURLY RATE OF PAY FOR PART-TIME,
SEASONAL ANIMAL CONTROL OFFICER COLIN O'BRIEN
RESOLUTION NO.: 299,2015
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SPECIAL TOWN BOARD MEETING, 08-20-201 , MTG 427 945
SECONDED BY: Mr.William VanNess
WHEREAS, bv Resolution No.: 258,2015, the Queensbury Town Board established a Part-Time,
Seasonal Animal Control Officer position and hired Colin O'Brien to work as such Part-Time employee for
the amount of$12 hourly up to 30 hours per week,for a period of approximately 14 weeks,and
WHEREAS,the Town Board wishes to increase his hourly rate of pay to$14,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbun- Town Board hereby authorizes an increase in the hourly rate of
pay for Colin O'Brien, Part-Time, Seasonal Animal Control Officer from $12 per hour to $14 per hour,
effective August 24th,2015,to be paid from the appropriate pa`roll account,and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Animal
Control Officer and/or Town Budget Officer to complete any forms and take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 20th day of August,2015,by the following vote:
AYES : Mr.VanNess,Mr. Strough,Mr. Metivier,Mr. Clements
NOES : None
ABSENT: Mr. Irish
RESOLUTION AUTHORIZING PURCHASE OF 2016 WESTERN STAR
4700 SET-FORWARD FRONT AXLE CAB-CHASSIS AND RELATED
PLOW EQUIPMENT FOR USE BY TOWN HIGHWAY DEPARTMENT
RESOLUTION NO.: 300,2015
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Brian Clements
WHEREAS, the Town of Queensbun's Highway Superintendent has requested Town Board
approval to purchase a chassis and related plow equipment,and
WHEREAS, there are sufficient funds in the Town Budget for such proposed
purchase, and
WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision
in New York State to "piggyback" off an existing Count` Bid and therefore in this instance, the Town of
Queensbur,is "piggybacking" with Oneida Count` Bid 417 0 for the 2015 Western Star 4700 Set-Forward
Front Axle Cab—Chassis,and Oneida Count` Bid 41751 for the plow equipment,and
SPECIAL TOWN BOARD MEETING, 08-20-2015, MTG 427 946
WHEREAS,the Town will adhere to all New York State Law bidding requirements,and
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway
Superintendent's purchase of a 2016 Western Star 4700 Set-Forward Front Azle Cab — Chassis for the
amount of $112,960 from New York Truck Equipment and the related plow equipment from Tenco
Industries, Inc., for the amount of$85,309 to be paid from Heavy Equipment Account No.: 04-5130-2040,
and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs that funding for such purchases
shall be by a transfer of$198,269 from the Highway Fund's undesignated, unassigned fund balance to
Heavy Equipment Account No.: 04-5130-2040 and the Town Budget Officer shall amend the 2015 Town
Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to
effectuate payment, and
BE IT FURTHER-
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway
Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate
the terms of this Resolution.
Duly adopted this 20th day of August,2015,by the following vote:
AYES : Mr. Strough,Mr. Metivier,Mr. Clements,Mr.VanNess
NOES : None
ABSENT: Mr. Irish
RESOLUTION TO ADJOURN SPECIAL BOARD MEETING
RESOLUTION NO.: 301, 2015
INTRODUCED BY: Mr. Brian Clements
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from
their Special Town Board Meeting.
Duly adopted this 20th day of August, 2015 by the following vote:
AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough
SPECIAL TOWN BOARD MEETING, 08-20-201 , MTG 427 947
NOES: None
ABSENT: Mr. Irish
RESPECTFULLY SUBMITTED,
CAROLINE H. BARBER
TOWN CLERK
TOWN OF QUEENSBURY