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2015-11-16 MTG 35 REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 84 REGULAR TOWN BOARD MEETING MTG#35 November 16, 2015 RES#396-416 7:00 P.M. BOH# 35-36 LL# 6-7 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 396, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess 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 16th day of November, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None 1.0 BOARD OF HEALTH CHRIS AND BARBARA BOYD'S APPLICATION FOR SEWAGE DISPOSAL VARIANCE APPLICATION NOTICE SHOWN PUBLICATION DATE: NOVEMBER 6, 2015 SUPERVISOR STROUGH- All right, it's a Resolution to review Barbara Boyd's application for sanitary sewer disposal variances. There are four (4) of them: the absorption field to be three (3) feet from the west property line instead of the required ten (10) foot setback, absorption field to be eight (8) foot from the south property line instead of the required ten (10) foot setback, absorption field to be seventy-seven (77) feet from the well instead of the required one hundred (100) foot setback, the septic tank to be four(4) feet from the dwelling instead of the required ten (10) foot setback. The property is located at 25 Hanneford Road. Here to represent the applicant REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 85 is Engineer MacElroy. Would you kindly give us an overview? It's not your run of the mill system. DENNIS MACELROY, ENGINEER- No, thank you, John. I'm Dennis MacElroy with Environmental Design representing the applicants Chris and Barbara Boyd for this Board of Health variance for a replacement wastewater system on property at 25 Hanneford Road. Hanneford Road is a road that intersects off of Route 9L, upper Ridge Road. If you are familiar with the area, it sits up above Pilot Knob Road, the intersection. There is a bit of a rock ledge between the houses on Hanneford Road down to Pilot Knob Road. Chris and Barbara Boyd are purchasing the property from the Beals family. One of the improvements that they hope to make right away is to replace the wastewater system. The system that exists is a little bit unconventional. If you saw the site, and again I apologize that we crossed signals as far as a site meeting, I hope you got a good view of where the septic tank is currently. It's a bit unusual, built into the side of the rock base, if you saw that. We would propose that the wastewater from the house be piped down the rock slope area down to an area off of the edge of Ridge Road or Pilot knob Road. That grassy area that you saw would support not only tank but the absorption field for that system. While that seems somewhat unusual, you may have noted that the neighbor directly to the south does the same thing. There's some precedent here as far as that type of system. We would plan to protect that pipe ...it would be supported off of down slope, insulated as needed, down to a tank and then conventional gravity flowed to the absorption field from there. It does require variances for the setbacks...that we're requesting, setback to the property line, and setback to their own well. It's certainly an improvement over what exists there now. The current well is on the Hanneford Road side of the property. My understanding is that it's about a six hundred (600) foot deep well. It was at one point three hundred (300) feet deep and they had the well driller come back a number of years ago, the Beals family, and deepen it to try to improve the yield. So they ended up going another three hundred (300) feet. So there's quite a vertical separation, if not that horizontal separation. The plan indicates two (2) tanks, one up on top and one at the base, and therefore one of the variances is related to the upper septic tank being closer to the dwelling than what standard is, and reconsidering having two (2) tanks like that, having the upper tank just because of the difficult site and it's ledge. There's limited space on the Pilot Knob side of the house, so I think we'll probably do similar to what Schaffer does and come down to one (1)tank... So that's the situation there, any questions? SUPERVISOR STROUGH- Anybody like to start? I have a couple but... COUNCILMAN IRISH- I don't have any questions other than just a comment more than anything. We did talk to both neighbors and they were very supportive of the upgrade considering what's there today. To your point, it's a little bit of a strange system that they have on the side there. COUNCILMAN VANNESS- I've noticed that we've received at least three (3) letters from neighbors right next door and on the other side and down the road that were in favor. All four (4) of us did take an opportunity to go out and take a look at it and it seemed to be quite an antiquated system that's there at this time. COUNCILMAN CLEMENTS- I thought I heard you say that there's only going to be one (1) tank? MR. MACELROY- Yes potentially one tank at the base of the capacity required. COUNCILMAN CLEMENTS- So what this is showing is a tank that's currently there? Kind of down that rock ledge and sticks out a little bit, there's a pipe... MR. MACELROY- That's the existing system. COUNCILMAN CLEMENTS- Is that a tank in there now? MR. MACELROY- I don't know. You saw... COUNCILMAN IRISH- It's holding water that's all he can tell you. REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 86 SUPERVISOR STROUGH- So what you're doing, the house is up here and there's a house in front of the house and then it goes down to another shelf and swales into the road. Okay, in front of the house we are going to put a seven fifty (750) gallon. MR. MACELROY- That's the way the variance application reads. As I indicated, I may change that to go to one (1) tank at the base just because of the difficulty of siting a tank at the upper area. SUPERVISOR STROUGH- Yeah because it is bedrock and it seems to me that if you dug down a couple of feet you are going to have to bring fill in. I always worry about two (2) tanks functioning like they're supposed to anyways. MR. MACELROY- Well, the two (2) tank concept doesn't concern me as much, and the issue being when that wastewater is flowing down that pipe there's a lot of velocity, a lot of energy. SUPERVISOR STROUGH- Yeah. MR. MACELROY- So that second tank can kind of dissipate that energy. SUPERVISOR STROUGH- Yeah. MR. MACELROY- I won't get into all of the nuts and bolts. SUPERVISOR STROUGH- Yeah, but it'll dissipate the energy anyway without the upper tank. MR. MACELROY- Correct. The second tank perhaps will just oversize it so that the settling that occurs in that septic tank isn't as disrupted. SUPERVISOR STROUGH- Okay, right now it's scheduled to be a five hundred (500) gallon tank, right? MR. MACELROY- Well, the bottom will be twelve fifty (1250). SUPERVISOR STROUGH- The bottom, so if we got rid of the seven fifty (750) up on top and made it twelve fifty (1250) tank, to me that makes sense, and also just for conveying to the public that this house is sitting up here and there's a ledge and there's another shelf that's kind of got a make shift rock wall. It's near the pump house. I'm assuming we're going to use that shelf to bring in fill, redo the rock work so it's going to be sitting higher than the road Swale, which is all good stuff. Okay and I see where you dug the test pits there. The print was too small for me to read, can you give me a little bit of the test data that came with it. MR. MACELROY- Yeah, I did email you back to indicate that it's on sheet B1, that data. SUPERVISOR STROUGH- Okay. MR. MACELROY- But, we did four (4) different pits in that area. COUNCILMAN VANNESS- ...It is there. SUPERVISOR STROUGH- Oh, okay. MR. MACELROY- The further back you get, closer to the slope there is ledge ranging from twenty (20)to forty-two (42) inches. SUPERVISOR STROUGH- Okay. MR. MACELROY- The ones nearer to the Pilot Knob Road is, one is seventy-two (72) inches depth to... SUPERVISOR STROUGH- Mostly that loamy sandy soil. REGULAR TOWN BOARD MEETING, 11-16-201 ,MTG 435 87 MR. MACELROY- Loamy sand with some rock, so it's a loamy sand, primarily in the upper horizons. SUPERVISOR STROUGH- And the perk rate? MR. MACELROY- In the sixteen (16) minutes per inch range. SUPERVISOR STROUGH- So you're going to be bringing fill in? MR. MACELROY- Correct. SUPERVISOR STROUGH- And we're going to redo the perk rate? MR. MACELROY- Correct. SUPERVISOR STROUGH- So that brings me to my last point is there's three (3) things that, because this is unconventional, and this has to go to the Adirondack Park. This Board wanted to do their due diligence so we asked our Town Engineer to review it and they said number one (1) it's a lot better than what's there, number two (2) it will work as you designed it, it will work. They did have three (3), I'd say, rather small things that you agreed to do. If this Board is inclined to approve these variances for this application I will add these as a condition. I will give a copy of this to the Town Clerk. Okay and they are just so the public knows that you're going to confirm that the house is equipped with low flow fixtures? MR. MACELROY- Correct. SUPERVISOR STROUGH- And you're going to do the perk test with the proposed fill material? MR. MACELROY- Correct. SUPERVISOR STROUGH- And that you are going to make sure that run off discharges from 9L is routed around, which I think is part of the plan anyhow, routed around the absorption bed area? MR. MACERLOY- Correct. SUPERVISOR STROUGH- So, okay. I'll open this to the public for public input unless the Town Board has other thoughts. COUNCILMAN IRISH- The only other comment I would make is if you would go to one (1) tank actually go with three (3) variances because you won't need the one (1) from the house, correct? MR. MACERLOY- Yes, but if we leave it the way it is there's no harm in having that fourth variance. I think at this point, or after reconsideration I probably would only go with one (1) tank down below. COUNCILMAN IRISH- Okay. MR. MACELROY- Or let's say all the capacity of settling and what not down below. I'm still thinking maybe go with two (2) tanks down below because that will help with the energy dissipation. COUNCILMAN IRISH- Okay. SUPERVISOR STROUGH- And either scenario would be acceptable to me. Okay, let me see if there's anybody that wishes to speak to this applicant's proposal for variances. Yes, there is an individual out there Dennis. KENNETH SWEET-Do you want me to sit up there? REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 88 SUPERVISOR STROUGH- Yes sir, please. MR. SWEET- Okay. SUPERVISOR STROUGH- State your name just for the record because we tape these. MR. SWEET- My name is Kenneth Sweet, I'm a resident. I live on Hanneford Road and I know the property, and it's tiny. I don't think that you mentioned, John, a minute ago, it's going to be better than what's there. I can't imagine what's there now... COUNCILMAN VANNESS- You're probably right, too. MR. SWEET- You know, I guess there is a couple of options, one is go through the right channels, which is being done right now to try to get, excuse me, to try to get something that's going to do what it is supposed to do. The other option is leave what's there or under the cover of darkness do something that's not right. So I support it, I think it's a great plan. SUPERVISOR STROUGH- All right, all right, thank you Ken. Anybody else from the public like to speak to this application? Seeing none, Dennis will you return to the table please? Any last minute questions on behalf of the Board? Okay do I have a motion to approve Chris and Barbara Boyd's application for sanitary sewage disposal variances? I'm going to say first that the three (3) scenarios that Dennis has relayed to us we're comfortable with any of those three (3). That being, eliminating the upper holding tank and going to a twelve fifty (1250) gallon lower tank or eliminating the upper tank and doing a double tank system. The first tank would take the force of the gravity fed waste. We are very comfortable with your engineering work, it's proved to be very excellent in the past, I have to say Mr. MacElroy. So I am also going to condition it with the three (3) things that I brought out forward and I will submit this to the Town Clerk that you have agreed to those three (3) conditions. MR. MACELROY- Yes. SUPERVISOR STROUGH- And I will condition any approval. I would like to have any approval condition that these three (3) Chazen notations are part of the approval. Okay, motion to approve? RESOLUTION APPROVING CHRIS AND BARBARA BOYD'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 35,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Chris and Barbara Boyd filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be 3' from the west property line instead of the required 10' REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 89 setback; and 2. Absorption field to be 8' from the south property line instead of the required 10' setback; 3. Absorption field to be 77' from the well instead of the required 100' setback; and 4. Septic tank to be 4' from the dwelling instead of the required 10' setback; on property located at 25 Hanneford Road, 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, November 16t1i 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 contingent upon adding an acceptable non-permeable barrier on the downhill side of the tank, the Local Board of Health hereby approves the application of Chris and Barbara Boyd for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption field to be 3' from the west property line instead of the required 10' setback; and 2. Absorption field to be 8' from the south property line instead of the required 10' setback; 3. Absorption field to be 77' from the well instead of the required 100' setback; and 4. Septic tank to be 4' from the dwelling instead of the required 10' setback; REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 90 on property located at 25 Hanneford Road, Queensbury and bearing Tax Map No.: 240.6-1-17, further contingent upon the Applicant: 1. confirming that the home is equipped with low flow fixtures (Post 1994) per NYSDOH Appendix 75-A requirements; 2. performing percolation tests of the proposed fill material once the fill has been installed to confirm the percolation rates assumed for the fill material in the design; and 3. ensuring that the existing runoff that discharges off of Route 9L is routed around and will not affect the proposed absorption bed area, as can be confirmed by the design engineer during construction; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 16th day of November, 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 36,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 16th day of November, 2015 by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 91 NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING ON LOCAL LAW INCREASING SALARY OF HIGHWAY SUPERINTENDENT FOR 2016 FISCAL YEAR NOTICE SHOWN PUBLICATION DATE: NOVEMBER 6, 2015 SUPERVISOR STROUGH- The Board's plan is non-union salary increased would be two percent (2%). When I originally submitted the budget I missed including the two percent (2%) for the Highway Superintendent and for the Town Clerk and that account for these two (2) public hearings tonight. So the Highway Superintendent is currently making sixty seven thousand, one hundred and sixty one dollars ($67,161). We would like to give him the two percent (2%) increase that we're giving the other administrators and non-union personnel in the Town, which would be an increase of one thousand, three hundred and forty three dollars ($1,343) and a total salary of sixty eight thousand, five hundred and four dollars ($68,504). So there is a Resolution and it is a public hearing so I will open the public hearing to talk about this particular resolution referring to the increase in salary of the Highway Superintendent. Is there anybody in the public that would like to speak to this? Yes sir. GEORGE WINTERS- 4 John Clendon Road in Queensbury. I would like to see the Highway Superintendent get the same raise I did. The Federal Government says the price of gas is down and so the people on Social Security don't need a raise. I think if it's fair for me I think it's fair for the Superintendent of Highways. I know last time you said he works a lot of overtime but that goes with the job. SUPERVISOR STROUGH- I understand Mr. Winters. MR. WINTERS- Thank you. SUPERVISOR STROUGH- Yes. Is there anybody else that would like to speak to this? Okay, any Town Board thoughts or comments? COUNCILMAN VANNESS- I'll be abstaining from it. SUPERVISOR STROUGH- Okay, understood. All right, is there a motion to adopt this Local Law increasing the salary of the Highway Superintendent for the 2016 fiscal year in accord with what I stated publicly? RESOLUTION ADOPTING LOCAL LAW NO. 6 OF 2015 INCREASING SALARY OF HIGHWAY SUPERINTENDENT FOR 2016 FISCAL YEAR RESOLUTION NO.: 397, 2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board believes it would be in the best interests of the Town to increase the salary of the Town Highway Superintendent to an amount in excess of the REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 92 amount specified in the notice of public hearing on the Town's preliminary budget which was duly published pursuant to Town Law §108, and WHEREAS, Town Law §27 authorizes the Town Board to increase the salary of certain elected officials of the Town, including the Highway Superintendent, to an amount in excess of the amount specified in the notice of public hearing on the preliminary budget for not more than one fiscal year by adoption of a Local Law pursuant to the Municipal Home Rule Law, and WHEREAS, a Local Law has been prepared which would accomplish this change and a Public Hearing was held on such Local Law, and WHEREAS, the Town Board has reviewed the draft Local Law and considered any comments provided at the Public Hearing, and finds that it would be appropriate and desirable to adopt the Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 6 of 2015 increasing the salary of the Town Highway Superintendent for the 2016 fiscal year to $68,504, and BE IT FURTHER, RESOLVED, that adoption of this Local Law is subject to permissive referendum pursuant to §27 of New York Town Law and §24 of the Municipal Home Rule Law, and the Town Clerk is hereby authorized and directed to post and publish the Notice required for Local Laws subject to permissive referendum, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to file such Local Law with the New York Department of State if no petition for referendum is timely filed or, if such a petition is filed, the Local Law is approved by the electors, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to execute any required documents and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None AB SENT : None ABSTAIN: Mr. VanNess REGULAR TOWN BOARD MEETING, 11-16-201 ,MTG 435 93 PUBLIC HEARING INCREASING SALARY OF TOWN CLERK FOR THE 2016 FISCAL YEAR NOTICE SHOWN PUBLICATION DATE: NOVEMBER 6, 2015 SUPERVISOR STROUGH- Again, ditto, since I did not include it in my budget I have to make up for that. This is a Resolution increasing the salary of the Town Clerk by two percent (2%) same as the Highway. Her current salary is sixty six thousand, four hundred, forty two dollars ($66,442). A two percent (2%) increase would increase that by one thousand, three hundred and twenty nine dollars ($1,329) for a total of sixty seven thousand, seven hundred and seventy one dollars ($67,771). I will open the public hearing on this proposed increase of salary of the Town Clerk. Yes, George. GEORGE WINTERS- 4 John Clendon Road. I will say the same thing on that. The price of gas is down and the Federal Government says I don't need a raise. One question I would ask the Town Board, why would she be working a lot of overtime? SUPERVISOR STROUGH- Well, she is understaffed. On Veteran's Day she and I were both working. Oftentimes when I come in on the weekends, she is working. The work needs to get done George and she is in charge, and the buck stops there. That's why she is there, to make sure it gets done. Now she has a great staff, but it's a very limited staff. MR. WINTERS- Wasn't she the one that just cut? A lady retired so she didn't replace them and then she saved seventeen thousand dollars ($17,000) so she passed it around to the rest of the people that were there. SUPERVISOR STROUGH- You have a good memory. MR. WINTERS- Is that true or not? COUNCILMAN VANNESS- It's is, yes. MR. WINTERS- They were trying to save me money and they saved me money and they pass it out here and there. SUPERVISOR STROUGH- She did save money. MR. WINTERS- She saved money, but she gave half of it back to the employees that were there. SUPERVISOR STROUGH- And they are working very hard. They work overtime too. MR. WINTERS- We all work hard, come on John, please. Thank you. SUPERVISOR STROUGH- Well George this Town is a very well run Town and that's because we have good employees. Anybody else from the public like to speak to this increasing salary of the Town Clerk for the 2016 fiscal year in accord with what I mentioned publicly? Seeing none any Town Board concerns or interest? A motion then to adopt. COUNCILMAN VANNESS- Close the public hearing. SUPERVISOR STROUGH- I will close the public hearing. RESOLUTION ADOPTING LOCAL LAW NO. 7 OF 2015 INCREASING SALARY OF TOWN CLERK FOR 2016 FISCAL YEAR REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 94 RESOLUTION NO.: 398, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board believes it would be in the best interests of the Town to increase the salary of the Town Clerk to an amount in excess of the amount specified in the notice of public hearing on the Town's preliminary budget which was duly published pursuant to Town Law §108, and WHEREAS, Town Law §27 authorizes the Town Board to increase the salary of certain elected officials of the Town, including the Town Clerk, to an amount in excess of the amount specified in the notice of public hearing on the preliminary budget for not more than one fiscal year by adoption of a Local Law pursuant to the Municipal Home Rule Law, and WHEREAS, a Local Law has been prepared which would accomplish this change and a Public Hearing was held on such Local Law, and WHEREAS, the Town Board has reviewed the draft Local Law and considered any comments provided at the Public Hearing, and finds that it would be appropriate and desirable to adopt the Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts Local Law No. 7 of 2015 increasing the salary of the Town Clerk for the 2016 fiscal year to $67,771, and BE IT FURTHER, RESOLVED, that adoption of this Local Law is subject to permissive referendum pursuant to §27 of New York Town Law and §24 of the Municipal Home Rule Law, and the Town Clerk is hereby authorized and directed to post and publish the Notice required for Local Laws subject to permissive referendum, and BE IT FURTHER, RESOLVED, that the Town Clerk is hereby authorized and directed to file such Local Law with the New York Department of State if no petition for referendum is timely filed or, if such a petition is filed, the Local Law is approved by the electors, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 95 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and/or Town Counsel to execute any required documents and take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None AB SENT : None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MIN.) JOHN SALVADOR- Spoke to the Board regarding the following Resolutions: • Resolution 4.2 Authorizing Adoption of Fund Balance Policy in Accordance with GASB Statement No. 54. • Resolution 4.3 Authorizing Transfer of Funds from Undesignated General Fund Balance to Replenish Capital Reserve #64. • Resolution 4.4 Authorizing Removal and Replacement of Traffic Signal Pole at Bay and Blind Rock Roads. • Resolution 4.5 Authorizing Software License and Service Agreement with Municity Software Consulting Associates • Resolution 4.14 Setting Public Hearing on Proposed Local Law No.: of 2015 to Amend Queensbury Town Code Chapter 14 "Code of Ethics" GEORGE WINTERS- Spoke regarding Resolution 4.7 entitled Resolution Authorizing Promotion of Eugene Ward from Heavy Equipment Operator to Working Supervisor in Town Highway Department. KATHLEEN SONNABEND- Spoke concerning Resolution 4.11 Resolution Scheduling Public Hearing on Queensbury Partners, LLC's Application for Fowler Square Planned Unit Development and Proposed Local Law No.: of 2015. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ROTARY 5K ROAD RACE/WALK RESOLUTION NO. : 399,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Glens Falls Rotary Foundation, Inc., has requested authorization from the Queensbury Town Board to conduct a 5k road race/walk to benefit the Chapman Historical Museum and the Greater Glens Falls Senior Citizen Center as follows: SPONSOR Glens Falls Rotary Foundation, Inc. REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 96 EVENT 5k Road Race/Walk DATE Saturday, April 16th 2016 TIME Approximately 10:00 a.m. PLACE Beginning and ending at SUNY Adirondack (Copy of course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Glens Falls Rotary Foundation, Inc., to conduct a 5k Road Race/Walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Glens Falls Rotary to conduct a 5k Road Race/Walk within the Town of on Saturday, April 1611i 2016, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF FUND BALANCE POLICY IN ACCORDANCE WITH GASB STATEMENT NO. 54 RESOLUTION NO.: 400, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 97 WHEREAS, in order to comply with the requirements of Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions (GASB54), the Town of Queensbury wishes to adopt a Fund Balance Policy, and WHEREAS, the Town Budget Officer has prepared a draft Fund Balance Policy and it is in form acceptable to Town Counsel, and WHEREAS, the Town Board wishes to adopt such Fund Balance Policy In Accordance With GASB Statement No. 54, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Fund Balance Policy In Accordance With GASB Statement No. 54 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or the Town Budget Officer to take any action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None AB SENT : None RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH CAPITAL RESERVE #64 RESOLUTION NO.: 401,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 322 of 2001, the Queensbury Town Board established a Capital Reserve Fund for the purpose of capitalization of the Town's Capital Improvement Plan for future Town project developments known as Capital Reserve #64 which was established to fund expenditures associated with the CIP, and REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 98 WHEREAS, the Town Budget Officer has recommended that the Town Board transfer $1.3 million from the Town's undesignated, unassigned General Fund's Fund Balance to Capital Reserve #64 in order to fund future capital projects, and WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to replenish Capital Reserve #64 by appropriating $1.3 million of undesignated, unassigned Fund Balance from the General Fund and transfer such amount to the Capital Reserve#64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to transfer $1.3 million from the Town's General Fund undesignated, unassigned Fund Balance to the Capital Reserve #64 and make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish appropriations and estimated revenues and take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING REMOVAL AND REPLACEMENT OF TRAFFIC SIGNAL POLE AT BAY AND BLIND ROCK ROADS RESOLUTION NO.: 402,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Purchasing Agent has requested Town Board approval for the removal and replacement of a traffic signal pole at the intersection of Bay and Blind Rock Roads, and WHEREAS, the Purchasing Agent requested and received three (3) quotes for such work and the lowest received quote is in the amount of$19,800 from Stilsing Electric, Inc., and therefore has recommended that the Town Board approve such work, REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 99 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the removal and replacement of a traffic signal pole at the intersection of Bay and Blind Rock Roads by Stilsing Electric, Inc., for an amount not to exceed $19,800 as delineated in Stilsing Electric Inc.'s quote dated October 29, 2015 and presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a $19,800 increase in Insurance Recovery Account No.: 001-0000-52680 and in Traffic Control Capital Construction Account No.: 001-3310-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent 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 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING SOFTWARE LICENSE AND SERVICE AGREEMENT WITH MUNICITY SOFTWARE CONSULTING ASSOCIATES RESOLUTION NO.: 403, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with Municity Software Consulting Associates (SCA) for the Town's use of SCA software related to fleet and asset management, and WHEREAS, a proposed Software License and Service Agreement between the Town and SCA is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 100 RESOLVED, that the Queensbury Town Board hereby authorizes the Software License and Service Agreement between the Town and Municity Software Consulting Associates (SCA) for the Town's use of SCA software related to fleet and asset management, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign such Agreement substantially in the form presented at this meeting along with any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION ESTABLISHING SENIOR GIS AND UTILITY LOCATION TECHNICIAN POSITION IN WATER DEPARTMENT AND PROMOTING SCOTT BURNARD TO SUCH POSITION RESOLUTION NO.: 404, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, upon the recommendation of the Town of Queensbury's Water Superintendent, the Queensbury Town Board wishes to establish a full-time Senior GIS and Utility Location Technician position in the Water Department, and WHEREAS, the Warren County Department Personnel and Civil Service has reviewed the proposed job duties for the position and has determined that Senior GIS and Utility Location Technician 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 REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 101 WHEREAS, the Town Board and the Town's Unit of the Civil Service Employees Association, Inc. (CSEA) have agreed that this new position shall be an hourly position to be included in the Town's CSEA Bargaining Unit, and WHEREAS, the Water Superintendent has advised that Scott Burnard, the Town's GIS Utilities Technician, has the required qualifications and therefore the Water Superintendent wishes to promote Mr. Burnard to the Senior GIS and Utility Location Technician position on a provisional basis until such time as Mr. Burnard meets all Civil Service requirements for the position, and WHEREAS, the Town Board wishes to establish the position and authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby establishes the hourly, full-time Senior GIS and Utility Location Technician position as set forth in the New Position Duties Statement adopted by the Warren County Department of Civil Service and presented at this meeting, such position to be included in the Town's Civil Service Employees Association, Inc. (CSEA)Bargaining Unit and added to the Union Contract at the next Contract opening, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the promotion of Scott Burnard from GIS Utilities Technician to the newly established CSEA competitive position of Senior GIS and Utility Location Technician effective as of November 17t1i 2015 on a provisional basis until such time as Mr. Burnard places successfully on the Civil Service Exam and meets all Civil Service requirements for the position, and BE IT FURTHER, RESOLVED, that the Town Board further establishes the 2015 hourly rate for the position in the Town's Agreement with the CSEA at $26.79, and BE IT FURTHER, RESOLVED, that consistent with the CSEA Agreement, such promotion will be subject to a 90 day trial period, and BE IT FURTHER, 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 establish the position and effectuate all terms of this Resolution. Duly adopted this 16th day of November, 2015 by the following vote: REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 102 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF EUGENE WARD FROM HEAVY EQUIPMENT OPERATOR TO WORKING SUPERVISOR IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 405, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Highway Superintendent has advised that there is currently a vacancy in the Working Supervisor position in the Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and WHEREAS, Eugene Ward, a current full-time Heavy Equipment Operator (HEO) within the Department, has requested a promotion to the position, and WHEREAS, the Highway Superintendent recommends that the Town Board authorize the promotion of Eugene Ward from HEO to Working Supervisor as Mr. Ward has met the qualifications and has the required job experience for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Eugene Ward from Heavy Equipment Operator (HEO) to Working Supervisor in the Town Highway Department effective on or about November 1711i 2015 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the Working Supervisor position for the year 2015, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 103 Duly adopted this 16th day of November, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION TO AMEND 2015 BUDGET RESOLUTION NO.: 406,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2015 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-4020-4135 Vital Stat Comp 5,000 001-9060-8060 Health Insurance 001-1680-2031 Computer Hardw 8,500 001-9060-8060 Health Insurance 001-1680-2032 Software 5,000 Health Ins. 002-9060-8060 Premium 002-1650-4100 Telephone 3,500 004-5142-1010 Salaries 004-5110-1010 Salaries 185,000 Duly adopted this 16th day of November, 2015 by the following vote: REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 104 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None AB SENT : None RESOLUTION AUTHORIZING AWARD OF BID FOR WATER TREATMENT PLANT SCADA HARDWARE IMPROVEMENTS PROJECT RESOLUTION NO.: 407, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 214,2015, the Queensbury Town Board authorized and approved the Water Treatment Plant SCADA Hardware Improvements Project, establishment of the Water Treatment Plant SCADA Hardware Improvements Capital Project Fund #207 in the amount of $25,000, and engagement of The Chazen Companies (Chazen) for development of design requirements and bidding and engineering services for an approximate amount of $25,000, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bids to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, and WHEREAS, by Resolution No.: 313,2015, the Town Board authorized the Town's Purchasing Agent to advertise for bids for the SCADA Hardware Improvements Project in the official newspaper for the Town of Queensbury and following such advertisement and receipt of bids, all five (5)received bids were opened and reviewed on November 4t1i 2015, and WHEREAS, the Purchasing Agent, the Water Superintendent and Chazen have recommended that the Town Board award the bid to the lowest, responsible bidder, RASP Inc., for an amount not to exceed $231,500, and WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 5% contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 105 RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the SCADA Hardware Improvements Project from the lowest, responsible bidder, RASP, Inc., for an amount not to exceed $231,500, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a 5% contingency or in the total amount not exceeding $11,575 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by using $243,075 of unappropriated, undesignated Fund Balance 040- 0000-0909 and transferring such balance to the Capital Project as follows: • 040-9950-9030 Transfer to Capital Project - $243,075 • 207-0000-55031 Interfund Revenue - $243,075 • 207-8330-2899 Capital Construction - $243,075 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2015 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to increase such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING MOTOR EQUIPMENT OPERATOR DENNIS DICKINSON TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 408,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 106 SECONDED BY: Mr. Brian Clements WHEREAS, Resolution No.: 110,2015, the Queensbury Town Board authorized the hiring of Dennis Dickinson as a full-time Motor Equipment Operators (MEO) in the Town's Highway Department effective on or about March IOth, 2015 subject to completion of an eight (8) month probationary period, and WHEREAS, Mr. Dickinson was out for four months due to a non-work related injury and therefore his probation period was extended for four months to make up for such missed time, thereby changing his probation completion date to March 10th 2016, and WHEREAS, Mr. Dickinson would have accrued 80 hours of vacation time at the end of his probation period, which probation period has now been extended to March 10th 2016, and WHEREAS, the Town Board wishes to authorize the carryover of such accrued vacation time through March 10th 2016, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes Dennis Dickinson, Motor Equipment Operator, to accrue 80 hours of vacation time upon completion of his probation period on March 10th 2016, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT : None RESOLUTION SCHEDULING PUBLIC HEARING ON QUEENSBURY PARTNERS, LLC'S APPLICATION FOR FOWLER SQUARE PLANNED UNIT DEVELOPMENT AND PROPOSED LOCAL LAW NO.: OF 2015 RESOLUTION NO.: 409, 2015 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 107 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Queensbury Partners, LLC submitted application materials dated August 17, 2015, including a proposed Local Law to amend the Town Code, to the Queensbury Town Clerk's Office for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development" and the application materials were reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for PUDs are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-12-050 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the requested PUD, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA)to consider potential environmental impacts, and WHEREAS, by Resolution No.: 329,2015, the Town Board forwarded the PUD application to the Queensbury Planning Board for report and recommendation and consented to the Planning Board acting as Lead Agency for SEQRA review of this project, and WHEREAS, on or about October 20th and 27th, 2015, the Queensbury Planning Board adopted Resolutions recommending to the Town Board as favorable the application for the proposed Fowler Square PUD and reaffirming its previous SEQRA Negative Declaration for the PUD, and WHEREAS, on or about October 22"d 2015, the Warren County Planning Department reviewed the Project and recommended"No County Impact," and WHEREAS, before the Town Board may amend, supplement, change or modify the Town Code and Map to create a PUD District, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, the Town Board wishes to consider creation of the Fowler Square PUD District and adoption of proposed Local Law No.: of 2015 to amend Queensbury Town Code Chapter 179 (Town of Queensbury Zoning Law) and the Town's official Zoning Map and enacting the Fowler Square Planned Unit Development District, REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 108 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 7t1i 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed application by Queensbury Partners for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development," on property bearing Tax Map No.: 289.19-1-23 through 35 and located at the corner of Bay and Blind Rock Roads, Queensbury, New York, and adoption of proposed Local Law No.: of 2015 to amend Town Code Chapter 179 (Town of Queensbury Zoning Law) to create the Fowler Square Planned Unit Development District and revise the Town's official Zoning Map accordingly, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's official newspaper, posting the Notice on the Town's bulletin board in accordance with Queensbury Town Code §179-15-070 and sending copies of the Notice of Public Hearing by First Class mail to the owners of record of all properties located within 500' of the area to be designated as the Fowler Square PUD District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of the names and addresses of the owners of record of all properties located within 500' of the area to be designated as the Fowler Square PUD District for the Town Clerk's use in sending the Notice of Public Hearing to such property owners as required, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION REVISING TOWN OF QUEENSBURY SUBSTANCE-FREE WORK PLACE AND SUBSTANCE TESTING POLICIES REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 109 RESOLUTION NO.: 410, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 673, 95, the Queensbury Town Board adopted Substance- Free Workplace and Substance Testing Policies (Policies) for Town employees, and by Resolution No.: 188.1998, revised such Policies, and WHEREAS, such Policies contain certain outdated information and therefore the Town Board wishes to update and amend its Policies as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the amendment of the Town's Substance-Free Workplace and Substance Testing Policies in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute this Resolution and amended Policies to all Town employees and to the Glens Falls Hospital — Center for Occupational Health (Center), the facility which performs the drug and alcohol testing for the Town of Queensbury, and take such other and further action necessary to effectuate the terms of this Resolution and Policies. Duly adopted this 16th day of November, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT : None RESOLUTION ACCEPTING DEDICATION OF BURNT HILLS DRIVE AND WOODEN LANE IN BURNT RIDGE SUBDIVISION RESOLUTION NO.: 411, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, JD Michaels Holdings, LLC (Developer) has offered a deed to the Town of Queensbury to dedicate Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land Surveyors, LLC dated September 25, 2015, and REGULAR TOWN BOARD MEETING, 11-16-201 ,MTG 435 110 WHEREAS, the Town Highway Superintendent has inspected the roads and recommended their acceptance contingent upon the Developer completing the top coat of the black-top within two years of the date of acceptance or by November 16t1i 2017 and if applicable, all drainage easements being in place, and WHEREAS, the Developer will provide the Town with a$91,000 Letter of Credit or deposit into the Town's escrow account to ensure placement of the top coat on the road by November 16th 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 lines and appurtenances installed in the Burnt Ridge Subdivision and the installation has been made in accordance with the requirements of the Town Water 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 November 1611i 2016, and WHEREAS, the Town's Zoning Administrator has confirmed that his office inspected Burnt Hills Drive and Wooden Lane and they were found to be in general compliance with the requirements of his office except that front property corners, permanent survey monuments and street name signs have not yet been installed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision contingent upon (1) the Town's receipt of the required $91,000 Letter of Credit in form acceptable to Town Counsel or deposit into the Town's escrow account as delineated in the preambles of this Resolution, (2) the Town Highway Superintendent confirming that front property corners, permanent survey monuments and street name signs have been installed, and (3) title insurance being provided to the Town in form acceptable to Town Counsel, 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 JD Michaels Holdings, LLC 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, REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 111 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: Burnt Hills Drive Road Number: 2015-5 Description: Beginning at Luzerne Road and continuing in a northerly direction a distance of 2,220±' and 0±hundredths of a mile and ending at the existing, previously accepted portion of Burnt Hills Drive. Feet: 2,220±' and 0±hundredths of a mile Name: Wooden Lane Road Number: 2015-6 Description: Beginning at Burnt Hills Drive and continuing in a southwesterly direction a distance of 1,560±' and 0±hundredths of a mile and ending at the newly Constructed portion of Burnt Hills Drive. Feet: 1,560±' and 0±hundredths of a mile Duly adopted this 16th day of November, 2015, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough ABSENT: None NOES : None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2015 TO AMEND QUEENSBURY TOWN CODE CHAPTER 14 "CODE OF ETHICS" RESOLUTION NO.: 412, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2015 to amend Queensbury Town Code Chapter 14 entitled "Code of Ethics," to repeal the requirement that Town officers file a disclosure of interest form upon election or change of circumstances, and REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 112 WHEREAS, this legislation is authorized in accordance with New York State General Municipal Law §806, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, December 71h 2015 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2015, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2015 in the manner provided by law. Duly adopted this 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF NOVEMBER 17T, 2015 RESOLUTION NO.: 413,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of November 12th 2015 and a payment date of November 17th, 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of November 12th'2015 and a payment date of November 17th 2015 totaling $187,882.73, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 113 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 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF 2015 OR NEWER FORD F150 EXTENSION CAB 4X4 TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 414, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with Resolution No.: 390,2015, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a 2015 or newer Ford 150 extension cab 4x4 truck in the Highway Department (Truck)to replace a 2005 Chevrolet 1500 Silverado with 188,500 miles (Town Asset #4242) as set forth in bid specifications prepared by the Highway Superintendent and/or Purchasing Agent, and WHEREAS, on November 12t1i 2015, the Purchasing Agent duly received and opened all bids received by the Town for the Truck, and WHEREAS, on November 12t1i 2015, no mini bids were received by the New York State Office of General Services for the Truck, and WHEREAS, the Town Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid to the lowest, responsible bidder, West Herr Ford, for the amount not to exceed $26,673, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a 2016 Ford F150 Extended Cab 4x4 Truck for use by the Town Highway Department from the lowest, responsible bidder, West Herr Ford, for the amount not to exceed $26,673, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 114 RESOLVED, that the Town Board further authorizes and directs that payment for such truck 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 $26,673 from New York State Employees Retirement Account No. 004-9010-8010 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 Budget Officer is authorized to engage the services of auction company GovDeals to sell/dispose of the 2005 Chevrolet 1500 Silverado Truck (Town Asset No.: 4242) if necessary, and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, 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 16th day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE BLUE MOOSE TAVERN AND RESTAURANT RESOLUTION NO.: 415, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Daniel and Ellen Nichols (Owners) own and operate the Blue Moose Tavern and Restaurant located at 1300 State Route 9, Queensbury, New York, and WHEREAS, the Owners have applied for a renewal of liquor license and have requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite such renewal, and REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 115 WHEREAS, the Town Board wishes to authorize the Town Clerk to notify the Owners and/or NYS that the Town Board has waived the 30 day notification period before the Owners' liquor license is issued and/or renewed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the applicants, Daniel and Ellen Nichols, owners of The Blue Moose Tavern and Restaurant, to then notify the New York State Liquor Authority that the Town waives the 30 day notification period before the liquor license is issued/renewed to Daniel and Ellen Nichols and that the Town Board has no objection to such license, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 16th day of November, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES) JOHN SALVADOR- • Spoke regarding an upcoming Special Town Board Meeting on Wednesday, November 18th at 3:30 in the Supervisor's Conference Room. • Reviewed for the Board the Ethics Law. RACHEL SEEBER- As a representative of the Town of Queensbury for the Warren County Board of Supervisor's she would like to attend the Association of Town's Training in February. Asked the Board if that is an expense and a sponsorship that the Town would be willing to make for her? SUPERVISOR STROUGH- The Board will consider her request. GEORGE WINTERS- • Concerned that the leaf pickup is too early. Another concern is that if a resident choses to take their leaves to the transfer station they will be charged. Why would you charge someone to dispose of their own leaves as opposed to leaving them by the road for the Town to pick up? • Spoke regarding property on John Clendon being donated to the Town. RON BALL- Also spoke regarding the approximate forty acres of land (John Clendon) being donated to the Town. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV)-Nothing to report. COUNCILMAN IRISH (WARD III)- • Congratulated everyone on the Election. REGULAR TOWN BOARD MEETING, 11-16-2015,MTG#35 116 • Spoke regarding slanderous accusations made by his opponent in the last election. COUNCILMAN CLEMENTS (WARD II)-Nothing to report. COUNCILMAN METIVIER(WARD I)- Wished everyone a Happy Thanksgiving. SUPERVISOR STROUGH- • Attended the bikeway bridge dedication in honor of Kristy Roberts. Kristy was very involved in our community, especially EMS endeavors. She was in the Army National Guard. Sadly, she took her own life. Her parents, Bob and Cindy Roberts, wanted her passing to count for something. Therefore, the Warren County bikeway bridge that goes over Route 149 was named after her. • Also attended the three and a half mile "Strides against Sarcoma" trail race on the Rush Pond trail. This was a fundraiser for Caroline Savitz, a 24 year old from Lake George who is fighting the disease. Caroline's mother came in today to offer her thanks for the trail, and for supporting the cause. • MEGA, an organization that tries to negotiate better electric and energy rates for municipalities, is suggesting that we support it and its effort to try and secure better rates for our residential electric customers. If we can negotiate a better rate for the residents of our community we should be supporting this cause. • All the flags are at half-staff in honor of the victims of the terrorist attacks in France. • Read a letter from Chris Navitsky (Fund for Lake George)thanking the Town and, in particular, the Highway Department, for all the help and support with their continued assistance with their Eurasian Milfoil Management Project. Also special thanks goes out to Harris Bay Yacht Club for allowing storage of the Town trucks and docking of the contractors vessels. This was a very successful endeavor. • Thanked Joel Barlow, Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 416, 2015 INTRODUCED BY: Mr. John Strough WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 16th day of November, 2015, by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury