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2017-02-13 MTG #4 REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 1 REGULAR TOWN BOARD MEETING MTG#4 FEBRUARY 13, 2017 RES# 29- 44 7:00 P.M. BH: 4-5 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS BOARD MEMBERS ABSENT COUNCILMAN BRIAN CLEMENTS TOWN COUNSEL John Aspland, Esq. Kara Lais, Esq. PRESS LOOK TV POST STAR SUPERVISOR STROUGH-Called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUG IRISH CHRIS ROUND- PRESENTATION REGARDING NEW YORK STATE DEPARTMENT OF STATE BROWNFIELD OPPORTUNITY AREA- NOMINATION STUDY APPLICATION 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 29, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 13th day of February, 2017, by the following vote: AYES: Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Clements BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF BERNARD AND CANDACE GANSLE RESOLUTION NO.: BH 4,2017 REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 2 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Bernard and Candace Gansle(Applicants) have applied to the Local Board of Health for a variance from Chapter 136, §136-11,which requires applicants to obtain a variance for holding tanks, as the Applicants wish to replace their existing 300 gallon holding tank with three (3) new 1,500 gallon holding tanks for a total of 4,500 gallons of capacity, and WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to allow placement of such holding tanks: 1. 47' from Glen Lake in lieu of the required 50' setback; 2. 5' from the side property line in lieu of the required 10' setback; 3. 3' from the dwelling in lieu of the required 10' setback; and 4. 42' from the neighboring well in lieu of the required 50' setback; on property located at 5 Glen Hall Drive in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, February 27�h, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Bernard and Candace Gansle's sewage disposal variance application concerning property located at 5 Glen Hall Drive in the Town of Queensbury and bearing Tax Map No.: 289.11-1-28 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 13'h day of February, 2017, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Clements REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 3 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BH 5, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and enters back into the Town Board of the Town of Queensbury. Duly adopted this 13' day of February, 2017, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Clements 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) JOHN SALVADOR- Spoke regarding Resolution 3.3, entitled Resolution Authorizing Purchase of Generator and Switchgear at Hiland Park Pump Station. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING PURCHASE OF STREET SWEEPER FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 30, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a Street Sweeper, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County/State Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with National Joint Powers Alliance (NJPA) Contract No.: 022014-FSC for an Elgin Pelican Series P Dual Side Broom("Street Sweeper"), and WHEREAS, such Street Sweeper is available through Joe Johnson Equipment for the amount of $196,683, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 4 WHEREAS, the Town Board wishes to authorize such purchase, with funding to be from Capital Reserve 464, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's purchase of an Elgin Pelican Series P Dual Side Broom ("Street Sweeper") in the amount of$196,683 from Joe Johnson Equipment in accordance with NJPA Contract No.: 022014-FSC to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such purchase is an expenditure for a specific capital project and/or certain maintenance project for which the Capital Reserve Account 464 was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer from Reserve No.: 64 in the amount of $196,683 to fund such purchase, 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, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 13' day of February, 2017, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT: Mr. Clements RESOLUTION AUTHORIZING PURCHASE OF FILING CABINETS FOR USE BY TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 31,2017 INTRODUCED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 5 WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, the Town of Queensbury's Cemetery Superintendent and Town Cemetery Commission have requested Town Board approval for the purchase of filing cabinets with accessories for use by the Cemetery Department, and WHEREAS, the Town Cemetery Superintendent acquired three (3) quotes for such filing cabinets and K.L. Security Enterprises,Inc., submitted the lowest quote for the filing cabinets including the accessories, and WHEREAS, the Town Cemetery Commission offered to fund such purchase, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby approves, authorizes and ratifies the Town Cemetery Superintendent's purchase of filing cabinets with accessories for the Cemetery Department for the amount not to exceed $6,210 from K.L. Security Enterprises,Inc., and BE IT FURTHER, RESOLVED, that the Town Board hereby accepts payment in the amount of $6,210 from the Town Cemetery Commission to pay for such purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2016 Town Budget as follows: • Increase Appropriation—Misc. Equipment—002-8810-2001 by $6,210; • Increase Revenue—Misc. Revenue—002-0000-52770 by $6,210; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery 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 13'day of February,2017,by the following vote: AYES : Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Irish NOES : None ABSENT: Mr. Clements REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 6 RESOLUTION AUTHORIZING PURCHASE OF GENERATOR AND SWITCHGEAR AT HILAND PARK PUMP STATION RESOLUTION NO.: 32,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 324,2016, the Queensbury Town Board established the Queensbury Consolidated Sanitary Sewer District Generator/Switchgear Capital Project Fund 4212 to establish funding for expenses associated with the replacement of the existing diesel fuel tank and generator/switchgear with a natural gas generator and new switchgear at the Hiland Park Pump Station, and WHEREAS, New York State Bidding is not required for such generator and switchgear purchase as it is under New York State H.LR.E. (Hazardous Incident Response Equipment) Contract No.: PC66786 (Group 438232, Award 422872), and WHEREAS, the Town's Wastewater Director received a quote for the generator and switchgear from Better Power, Inc. dated 02-3-2017 in the amount of$15,121.32, and WHEREAS, the Town Board wishes to authorize such purchase so long as the installation, as completed by the Town of Queensbury, is approved to the satisfaction of authorized personnel of Better Power, Inc., NOW, THEREFORE, BE IT RESOLVED, subject to the ability of Better Power, Inc., to approve of the installation of the generator and switchgear, as completed by personnel of the Town of Queensbury, that the Queensbury Town Board hereby authorizes the purchase of the needed generator and switchgear from Better Power, Inc. in the amount of$15,121.32 as set forth in Better Power, Inc.'s quote dated 02-3-2017 presented at this meeting in accordance with New York State H.LR.E. (Hazardous Incident Response Equipment) Contract No.: PC66786 (Group 438232, Award 422872), and BE IT FURTHER, RESOLVED, that subject to the approval of the installation by Better Power, Inc., the Town Board further authorizes and directs that payment for such generator purchase and installation services in the total amount of$15,121.32 shall be from Account No.: 212-8120-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director 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 13th day of February, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 7 AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT: Mr. Clements RESOLUTION AUTHORIZING USE OF PARKING LOTS AT TOWN COURT BY HIGH PEAKS HOSPICE FOR 5K RUN RESOLUTION NO.: 33,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, High Peaks Hospice has requested permission to utilize the parking lot(s) at the Queensbury Town Court located on Glenwood Avenue, on October 29, 2017 strictly for overflow parking while it conducts a 5K Road Race, and WHEREAS, High Peaks Hospice will provide a certificate of liability insurance naming the Town as an additional insured party, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the use of its parking lot(s) at the Queensbury Town Court located on Glenwood Avenue by High Peaks Hospice on October 29, 2017 as set forth above contingent upon the Town's receipt of proof of proper insurance, and BE IT FURTHER, RESOLVED, that the Town Board further directs that High Peaks Hospice shall clean up and/or repair the site to the satisfaction of the Town' Facilities Manager upon conclusion of this event, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Facilities Manager to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 13th day of February, 2017 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT : Mr. Clements REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 8 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: 34,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 30 of 2017, the Warren County Board of Supervisors authorized Agreements with certain Towns regarding funding earmarked for combating aquatic invasive species in publicly accessible water bodies other than Lake George in Warren County for the year 2017 including $25,000 in funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake, and WHEREAS, the Town Board wishes to enter into such an Intermunicipal Agreement and accept such funds, and WHEREAS, such proposed Intermunicipal Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the "Intermunicipal Agreement between Warren County and the Town of Queensbury for Combating Aquatic Invasive Species in Glen Lake a Publicly Accessible Water Body Within the Town of Queensbury," substantially in the form presented at this meeting regarding $25,000 in Warren County funding to the Town of Queensbury and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2017 Town Budget and increase revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer take any further action necessary to effectuate the terms of this Resolution. Duly adopted 13th day of February, 2017, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 9 ABSENT : Mr. Clements RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: _OF 2017 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE §179-3-040(B)(1) "ENCLOSED SHOPPING CENTER ESC" RESOLUTION NO.: 35,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2017 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density restriction in the Enclosed Shopping Center District, and WHEREAS, before the Town Board may amend, supplement, change, or modify the Town's Zoning Law, it must hold a public hearing in accordance with the provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of the proposed Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward copies of the proposed Zoning Law amendments and Part 1 of the SEQRA Long Environmental Assessment Form to the Warren County Planning Department for its review and recommendation, and BE IT FURTHER, 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, February 27th, 2017 concerning proposed Local Law No.: of 2017 which provides for certain amendments of the Town of Queensbury's Zoning Law and to hear all interested persons, and following the public hearing may take any other actions authorized by law concerning proposed Local Law No.: of 2017, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 10 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265 and any other applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Director of Planning, Zoning and Code Compliance, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Public Hearing and for the Town Board to lawfully adopt proposed Local Law No.: of 2017. Duly adopted this 13th day of February, 2017, by the following vote: AYES : Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES : None ABSENT: Mr. Clements RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 36,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 11 WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or,if deemed unsafe and/or inoperable by the Department Manager,to be sold as scrap, and WHEREAS,the following is the list of surplus items provided by the various Town Departments: Item Serial NO./VIN Dept. Asset 2000 Ford F450 XL IFDXF4659YED96436 WATER 3780 ACER Computer AT3-605-UR24 IT 9104 DELL Vostro 260 1L21YR1 IT 9098 2006 Ford F250 IFTSX21586ED17692 HIGHWAY 4289 2002 -18'Trailer 5ANNC18292R009818 HIGHWAY 3998 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Item Serial NO./VIN Dept. Asset 2000 Ford F450 XL IFDXF4659YED96436 WATER 3780 ACER Computer AT3-605-UR24 IT 9104 DELL Vostro 260 1L21YR1 IT 9098 2006 Ford F250 IFTSX21586ED17692 HIGHWAY 4289 2002 -18'Trailer 5ANNC18292R009818 HIGHWAY 3998 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items and all Town proceeds from the sales shall be deposited 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 Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 12 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13'day of February,2017,by the following vote: AYES : Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Irish NOES : None ABSENT : Mr. Clements ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES RESOLUTION NO.: 37,2017 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by replacing approximately 1500 LF of cast iron water main with 1500 LF of 8" ductile iron water main at approximately 229 Cronin Road easterly to the intersection of Cronin and Ridge Roads in the Town of Queensbury(the"Project"), all in accordance with Town Law §202-b, and WHEREAS, Chris Harrington, P.E., Town Water Superintendent has prepared an Engineer's Report dated February 4, 2017 concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, a copy of which is presented at this meeting, and WHEREAS, the Engineer's Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, this is essentially a maintenance Project and therefore a Type 11 action under the State Environmental Quality Review Act (SEQRA) and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 13 NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The proposed improvements consist of replacement of approximately 1500 LF of cast iron water main withl500 LF of 8" ductile iron water main at approximately 229 Cronin Road easterly to the intersection of Cronin and Ridge Road. 2. The estimated cost of such improvements is $175,000. 3. The cost of the improvements will be paid from current funds in the Fund Balance of the District; therefore, the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one or two family home will not be increased. 4. The proposed improvements shall be constructed and installed as specifically delineated in the Map and Plan and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 5. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m., on Monday, February 27th, 2017 to hear all persons interested in the improvement of the District facilities described above and to take such other and further action as may be required or authorized by law. 6. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §202-b. Duly adopted this 13th day of February, 2017 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT: Mr. Clements RESOLUTION TO AMEND 2016 BUDGET RESOLUTION NO.: 38,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 14 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 2016 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-5132-4070 Building Repairs 001-5010-4820 Uniforms 125 Duly adopted this 13th day of February, 2017 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT : Mr. Clements RESOLUTION APPROVING GRANT AWARD FOR CASE #7180 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 39, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution 235, 2015, the Town of Queensbury established a Housing Rehabilitation Program funded by the New York State Homes and Community Renewal HOME program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, by Resolution 163, 2014, the Town of Queensbury allocated a HOME grant match up to $6,250 per project as required, as a deferred loan from the Town of Queensbury Revolving Loan Fund (RLF), and WHEREAS, a single family property Case File 47180 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 15 WHEREAS, general construction specifications were provided to all qualified contractors for bid, and WHEREAS, four general contractors turned in bids at the specified date and time, and WHEREAS, all contractors submitting bids were notified of the low bid amount, and WHEREAS, Shelter Planning & Development, Inc. has reviewed the bids, and verified all work to be completed, and determined that the total cost is reasonable and necessary for the work required, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving the grant, and WHEREAS, in connection with this grant award, the owner or owners will be required to execute Notes and Mortgages affecting the property for five years, and the Notes and Mortgages will be recorded in the Warren County Clerk's Office for the benefit of the New York State HOME Program, and WHEREAS, a lien will be filed against the property as a requirement of the RLF until such time as the property is transferred, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant and deferred loan award of up to thirty-one thousand two hundred fifty dollars ($31,250.00), for the rehabilitation for Case File 47180, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Supervisor to execute the Grant Award agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13th day of February, 2017, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES: None ABSENT: Mr. Clements RESOLUTION APPROVING GRANT AWARD FOR CASE #7181 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 40, 2017 REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 16 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution 235, 2015, the Town of Queensbury established a Housing Rehabilitation Program funded by the New York State Homes and Community Renewal HOME program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, by Resolution 163, 2014, the Town of Queensbury allocated a HOME grant match up to $6,250 per project as required, as a deferred loan from the Town of Queensbury Revolving Loan Fund (RLF), and WHEREAS, a single family property Case File 47181 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, general construction specifications were provided to all qualified contractors for bid, and WHEREAS, three general and two HVAC contractors turned in bids at the specified date and time, and WHEREAS, all contractors submitting bids were notified of the low bid amount, and WHEREAS, Shelter Planning & Development, Inc. has reviewed the bids, and verified all work to be completed, and determined that the total cost is reasonable and necessary for the work required, and WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving the grant, and WHEREAS, in connection with this grant award, the owner or owners will be required to execute Notes and Mortgages affecting the property for five years, and the Notes and Mortgages will be recorded in the Warren County Clerk's Office for the benefit of the New York State HOME Program, and WHEREAS, a lien will be filed against the property as a requirement of the RLF until such time as the property is transferred, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant and deferred loan award of up to thirty-one thousand two hundred fifty dollars ($31,250.00), for the rehabilitation for Case File 47181, Queensbury, New York, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 17 BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Supervisor to execute the Grant Award agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13th day of February, 2017, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES: None ABSENT: Mr. Clements RESOLUTION APPROVING GRANT AWARD FOR CASE #7182 IN CONNECTION WITH TOWN OF QUEENSBURY HOUSING REHABILITATION PROGRAM RESOLUTION NO.: 41, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution 235, 2015, the Town of Queensbury established a Housing Rehabilitation Program funded by the New York State Homes and Community Renewal HOME program which provides grants to cover 100% of the cost of rehabilitation up to a maximum of $25,000, whichever is less, and WHEREAS, by Resolution 163, 2014, the Town of Queensbury allocated a HOME grant match up to $6,250 per project as required, as a deferred loan from the Town of Queensbury Revolving Loan Fund (RLF), and WHEREAS, a single family property Case File 47182 has been determined to be eligible for rehabilitation grant assistance and the owner of the property has requested such assistance, and WHEREAS, general construction specifications were provided to all qualified contractors for bid, and WHEREAS, four general contractors turned in bids at the specified date and time, and WHEREAS, all contractors submitting bids were notified of the low bid amount, and WHEREAS, Shelter Planning & Development, Inc. has reviewed the bids, and verified all work to be completed, and determined that the total cost is reasonable and necessary for the work required, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 18 WHEREAS, Shelter Planning & Development, Inc. has overseen the grant process and has verified that it has been followed in this case and recommends approving the grant, and WHEREAS, in connection with this grant award, the owner or owners will be required to execute Notes and Mortgages affecting the property for five years, and the Notes and Mortgages will be recorded in the Warren County Clerk's Office for the benefit of the New York State HOME Program, and WHEREAS, a lien will be filed against the property as a requirement of the RLF until such time as the property is transferred, and NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury approves a total grant and deferred loan award of up to thirty-one thousand two hundred fifty dollars ($31,250.00), for the rehabilitation for Case File 47182, Queensbury, New York, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Supervisor to execute the Grant Award agreement and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13' day of February, 2017, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES: None ABSENT: Mr. Clements RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY CONROY REALTY, LLC RESOLUTION NO.: 42, 2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, Conroy Realty, LLC, previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for tax years 2015 and 2016 concerning assessments on properties located in the Town of Queensbury at 53 Quaker Road (Tax Map No.: 296.18-1-2) and 407 Bay Road (Tax Map No.: 296.19-1-38) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 19 WHEREAS, the Queensbury Union Free School District and the Glens Falls School District have approved the proposed settlement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury brought by Conroy Realty, LLC, for the 2015 and 2016 tax years concerning assessments on properties located in the Town of Queensbury at 53 Quaker Road (Tax Map No.: 296.18-1-2) and 407 Bay Road (Tax Map No.: 296.19-1-38), whereby Conroy Realty, LLC will withdraw its cases against the Town of Queensbury for tax years 2015 and 2016 and its respective demands for refunds, and BE IT FURTHER, RESOLVED, that assessments for future tax years shall be set as follows: 53 Quaker Road(Tax Map No.: 296.18-1-2): Tax Year Assessment 2017 $500,000 2018 $500,000 2019 $500,000 407 Bay Road(Tax Map No.: 296.19-1-38): Tax Year Assessment 2016/17 $550,000 2017/18 $550,000 2018/19 $550,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 13"'day of February, 2017,by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES None ABSENT: Mr. Clements REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 20 RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF FEBRUARY 14TH, 2017 RESOLUTION NO.: 43,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of February 9th, and a payment date of February 14th,2017, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of February 9th,2017 and a payment date of February 14th,2017 totaling $735,935.97, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 13th day of February,2017,by the following vote: AYES : Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Irish NOES : None ABSENT : Mr. Clements 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MELLON- • Noted that the Building & Codes January 2017 Monthly Report has been received and filed in the Town Clerk's Office. • Received correspondence from Carol Birkholz, Chairwoman of the Warren County Conservative Party, recommending Timothy Brewer as Town of Queensbury Councilman- Ward 4. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) JOHN SALVADOR- Spoke regarding an article he read in the newspaper a couple of weeks ago concerning one of the proposed hotels being sited at the exit 18 location and their decision to relocate its facility to exit 19. Questioned the Board on how this will affect the Carey Road Sewer District? 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV)- Looking forward to Carey Road being approved. REGULAR TOWN BOARD MEETING, 02-13-2017,MTG 94 21 COUNCILMAN IRISH- (WARD III)- Wished Councilman Clements a speedy recovery. COUNCILMAN METIVIER(WARD I)- Nothing to report. SUPERVISOR STROUGH- Spoke regarding the various functions he attended recently. Also, gave a brief overview of projects and activities going on within the Town. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 44, 2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 13' day of February, 2017, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Irish NOES: None ABSENT: Mr. Clements MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK II. Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury