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2017-12-04 MTG #40 REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 538 REGULAR TOWN BOARD MEETING MTG# 40 DECEMBER 4, 2017 RES# 351-366 7:00 P.M. BH# 41-42 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN GEORGE FERONE COUNCILMAN TIM BREWER TOWN COUNSEL KARA LAIS, ESQ. TOWN OFFICIALS: CHRIS HARRINGTON, WATER/WASTEWATER SUPERINTENDENT 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 CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 351, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 4th day of December, 2017 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough NOES: None ABSENT: None Supervisor Strough noted that board members did a site visit on Friday and we felt that the holding tanks would be best to be away from the lakeside as proposed. So we asked the applicant's agent/engineer to revise the plan to have the holding tanks roadside of the structure. The plan was a significant change. Therefore the following resolution is being proposed to set another public hearing to consider that plan: RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JUDY PONTIFF RESOLUTION NO.: BOH 41,2017 REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 539 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Judy Pontiff(Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires an applicant to obtain a variance for a holding tank, as the Applicant wishes to replace her wastewater system by installing a holding tank system consisting of two (2) holding tanks each with a capacity of 1,500 gallons, thus meeting the required total capacity of 3,000 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of such holding tanks: 1. 32' from the lot 49 well in lieu of the required 50' setback; 2. 29' from the onsite well in lieu of the required 50' setback; 3. 23' from the future onsite well in lieu of the required 50' setback; 4. 41' from the lot 411 well in lieu of the required 50' setback; 5. 5' from the lot 49 property line in lieu of the required 10' setback; 6. 4' from the Sunnyside Road right-of-way in lieu of the required 10' setback; and placement of the pump tank to be: 7. 40' from the lot 49 well in lieu of the required 50' setback; and 8. 37' from the onsite well in lieu of the required 50' setback; on property located at 52 Sunnyside North 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, December 18th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Judy Pontiff's sewage disposal variance application concerning property located at 52 Sunnyside North in the Town of Queensbury and bearing Tax Map No.: 279.17-2-37 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 REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 540 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 4th day of December, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 42, 2017 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 4th day of December, 2017, by the following vote: AYES: Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 2.0 HEARING—Approving/Disapproving Marianne McDonough's Application for Variance/Waiver Request From Sanitary Sewer Connection Requirement Set Forth In Town Code Chapter 136— Sewers and Sewage Disposal ATTORNEY THOMAS MCDONOUGH-Owner/applicant spoke to the Town Board regarding their proposal for a waiver request to the sanitary sewer connection for their property, Graycourt Motel located at 1082 State Route 9, Queensbury. JOHN SALVADOR-Noted concern with the waiver, it's continued for thirteen years for this property. Noted concern with the age of the system, they have been there since the 1960's and the possibility of failure of such an aged system. Town Board held discussion and proposed the following resolution as amended: RESOLUTION APPROVING MARIANNE MCDONOUGH'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 - SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 352,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 541 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Marianne McDonough applied to the Town Board for a variance/waiver from §136- 44, as Ms. McDonough has requested a continuing waiver and/or permanent relief from the Town's connection requirements to connect the Graycourt Motel property to the Town of Queensbury's Route 9 Sewer District for the reasons set forth in Ms. McDonough's October 13th, 2017 letter and application, and WHEREAS, the Town Clerk's Office mailed a Notice of Hearing to Ms. McDonough and the Town Board conducted a hearing concerning the variance/waiver request on Monday, December 4th 2017, NOW, THEREFORE, BE IT RESOLVED, that a) due to the nature of the variance/waiver request, the Queensbury Town Board determines that the temporary granting of the variance/waiver would not be materially detrimental to the purposes and objectives of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict with the purpose and objectives of any plan or policy of the Town of Queensbury; and b) the Town Board finds that the granting of the variance/waiver is reasonable and would alleviate unnecessary hardship on the applicant; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves Marianne McDonough's application for a variance/waiver from Queensbury Town Code Chapter 136, §136-44 "Connection to sewers required" and hereby grants Ms. McDonough a five (5) year extension of time or until December 4, 2022, in which to connect her property located at 1082 State Route 9, Queensbury (Tax Map No.: 296.9-1-9) to the Town of Queensbury's Route 9 Sewer District, provided that if there is any change in property use, increase in septic use or additional bathroom facilities added, then such variance shall immediately terminate unless the Queensbury Town Board reviews and approves a new application for a variance/waiver, and furthermore, if the septic system has been determined to fail or is modified by the Applicant, or if ownership of the property is transferred, then the variance is terminated as well and the property must connect to the Route 9 Sewer District, REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 542 BE IT FURTHER, RESOLVED, that Ms. McDonough shall pay all charges due as if her property was connected to the Route 9 Sewer District, and BE IT FURTHER, RESOLVED, that the property owner agrees to have the system inspected annually and have reports submitted to the Town Building and Codes Department, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor, Town Clerk, Wastewater Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017 by the following vote: AYES Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTION ONLY (LIMIT- 3 MINUTES) TRAVIS WHITEHEAD spoke regarding Resolution 4.8, `Resolution Authorizing Engagement of Suez Utility Service Co., Inc. for Professional Services Related to Water Storage Tank Asset Management and Maintenance Program Establishing Capital Project Fund 4220'. JOHN SALVADOR spoke regarding Resolution 4.9, `Resolution Authorizing Engagement of C.T. Male Associates for Design and Construction Administration Engineering Services Related to Carey Road Sanitary Sewer District and Establishing Capital Project Fund 4221'. RON BALL spoke regarding Resolution 4.7, `Resolution Setting Public Hearing on Proposed Amendment to Ordinance No. 30 and Its Subsequent Amendments Concerning Increase in Fees Associated with Town of Queensbury Building Permit Process'. CHRIS HARRINGTON, Superintendent of Water/Wastewater spoke regarding his proposal of Resolution 4.8, `Resolution Authorizing Engagement of Suez Utility Service Co., Inc. for Professional Services Related to Water Storage Tank Asset Management and Maintenance Program Establishing Capital Project Fund 4220'. 4.0 RESOLUTIONS COUNCILMAN CLEMENTS asked to have Resolution 4.8 pulled for a roll call vote. He noted his concern with the 20 year contract. Town Board held further discussion regarding proposed resolution 4.8, motion made by Councilman Metivier, seconded by Councilman Brewer. RESOLUTION AUTHORIZING ENGAGEMENT OF SUEZ UTILITY SERVICE CO., INC FOR PROFESSIONAL SERVICES RELATED TO WATER STORAGE TANK ASSET MANAGEMENT AND MAINTENANCE PROGRAM AND REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 543 ESTABLISHING CAPITAL PROJECT FUND #220 RESOLUTION NO.: 353, 2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury's Water Superintendent requested proposals for professional services for the Town's Water Storage Tank Asset Management and Maintenance Program which consists of the complete painting, repair, long-term maintenance and management of the Town's five (5) water storage tanks and annual visual inspection services of its concrete water storage tank in the Town of Queensbury(Project), and WHEREAS, the Water Superintendent received and reviewed the Town's only received proposal from Suez Utility Service Co., Inc., (Suez) and has recommended that the Town Board authorize engagement of Suez for such professional services as delineated in Suez's October 24, 2017 proposal and four (4) Water Tank Maintenance Contracts and Water Tank Maintenance Contract for Concrete Tank dated November 8, 2017, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Suez Utility Service Co., Inc., (Suez) for such professional services as delineated in Suez's October 24, 2017 proposal and four (4) Water Tank Maintenance Contracts and Water Tank Maintenance Contract for Concrete Tank dated November 8, 2017, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the establishment of the "Water Storage Tank Asset Management and Maintenance Program Capital Project Fund 4220," which Fund will establish funding for expenses associated with the Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be from the Water Department Fund Balance, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 544 RESOLVED, that the Town Board hereby establishes initial appropriations and estimated revenues for Capital Project Fund 4220 in the amount of$2,600,000, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • Increase Appropriation 040-9950-9030 Transfer to Capital Project - $2,600,000; • Increase Revenue 220-0000-55031 Interfund Revenue - $2,600,000; • Increase Appropriation 220-8340-2899 Capital Construction - $2,600,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2017 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish 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 to execute the four (4) Water Tank Maintenance Contracts and Water Tank Maintenance Contract for Concrete Tank dated November 8, 2017 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any further documentation, and the Town Supervisor, Water Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier NOES Mr. Clements ABSENT: None RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF TIME FOR JD MICHAELS HOLDINGS, LLC TO INSTALL TOP COAT OF BLACK- TOP ON BURNT HILLS DRIVE AND WOODEN LANE IN BURNT RIDGE SUBDIVISION REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 545 RESOLUTION NO. 354,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 411,2015, the Queensbury Town Board accepted JD Michaels Holdings, LLC's (Michaels) offer to dedicate to the Town of Queensbury, Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision, and WHEREAS, Michaels provided the Town with a $91,000 Letter of Credit to ensure placement of the top coat on such roads by November 27, 2017, and WHEREAS, the Town Highway Superintendent has advised that construction within the subdivision is not yet completed and so Michaels has been unable to install the top coat, and WHEREAS, the Highway Superintendent has therefore recommended that the Town Board grant a one year extension to Michaels so that installation of the top coat of black-top may be completed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year extension or until November 27, 2018 for JD Michaels Holdings, LLC to install the top coat of black-top on Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to provide a certified copy of this Resolution to the Town Highway Superintendent. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING DIRECTOR OF BUILDING AND CODES DAVID HATIN TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 355,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 546 SECONDED BY: Mr. George Ferone WHEREAS, Town of Queensbury's Director of Building and Codes David Hatin has accumulated five(5)vacation days that he will be unable to use before December 31St, 2017 and has therefore requested Town Board approval to carry over up to five(5) days of vacation time beyond December 31St, 2017, and WHEREAS, the Town Board wishes to approve such request with the understanding that such approval shall not be considered as a precedent for approval of any future requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes David Hatin to carry over up to five(5)vacation days beyond December 31St, 2017, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Director of Building and Codes and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT : None RESOLUTION AUTHORIZING HIRING OF DENISE JOHNSON AS PART-TIME ACCOUNT CLERK RESOLUTION NO.: 356,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Budget Officer has advised that a full-time Account Clerk will be retiring in the near future and has therefore requested Town Board authorization to make the Account Clerk a part-time,permanent position and hire someone in such position, and WHEREAS, the Budget Officer reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Denise Johnson as part-time Account Clerk, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 547 RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the full-time position of Account Clerk in the Accounting Office be made a part-time, permanent position, with such Account Clerk to earn all benefits as full-time employees at a prorated rate of 30 hours per week, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the hiring of Denise Johnson as the part- time, permanent Account Clerk effective on or about December 5th, 2017 not to exceed 30 hours per week, with the exception of occasional coverage for vacation or sick leaves, subject to Ms. Johnson's successful passing of a pre-employment physical as required by Town Policy and completion of a six (6) month probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Ms. Johnson shall be paid at the rate of $19 per hour, with such wage to increase to $19.50 per hour after successful completion of the six-month probation period, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF MARIAH JUCKETT AS PART-TIME ASSISTANT COURT CLERK RESOLUTION NO.: 357,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury Town Justices have requested Town Board authorization to hire a part-time Assistant Court Clerk in anticipation of the impending retirement of a full-time employee in May 2018, REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 548 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Mariah Juckett as a provisional, part-time, Assistant Court Clerk effective on or about January 1, 2018 at the rate of$15 per hour, not to exceed 20 hours per week, subject to Ms. Juckett's successful passing of a pre- employment physical as required by Town Policy and completion of a six (6) month probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Justices, Town Court Clerks and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF NEW TRACTOR FOR TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 358, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, in accordance with Resolution No.: 324,2017, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a new Kioti CK3510 tractor for use by the Cemetery Department as set forth in bid specifications prepared by the Cemetery Superintendent and/or Purchasing Agent, and WHEREAS, on November 27th, 2017, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Town Cemetery Superintendent and Purchasing Agent have recommended that the Town Board award the bid to the lowest and only responsible bidder, Emerich Sales and Service, for an amount not to exceed $20,218, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 549 RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a new Kioti CK3510 tractor for use by the Town Cemetery Department from the lowest and only responsible bidder, Emerich Sales and Service for an amount not to exceed $20,218, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck shall be from Misc. Equipment Account No.: 002-8810-2001, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer to transfer $20,218 from Salaries Account No.: 002-8810-1010 to Misc. Equipment Account No.: 002- 8810-2001 to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery 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 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR REPLACEMENT VEHICLE FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 359, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Water Superintendent has advised the Town Board that the Water Superintendent's vehicle will not pass inspection due to structural issues and needs to be replaced and therefore he wishes to advertise for bids for the purchase of a 2017 or newer all-wheel drive sedan type of vehicle as will be described in bid documents/specifications to be prepared by the Water Superintendent or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 550 bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Queensbury Purchasing Agent to publish an advertisement for bids for a 2017 or newer all-wheel drive sedan type of vehicle as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH TOWN OF QUEENSBURY BUILDING PERMIT PROCESS RESOLUTION NO.: 360, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement has recommended that the Town Board amend Ordinance No. 30, Section 5, to raise certain fees associated with the building permit process as specifically set forth in the Proposed Fee Schedule presented at this meeting, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed Amendment to Ordinance No. 30, REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 551 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, December 18th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens regarding the proposed Amendment to Ordinance No. 30, Section 5 to increase fees associated with the Town of Queensbury building permit process, such proposed fee increases to be effective as of January 15t, 2018, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town in the manner provided by law. Duly adopted this 4th day of December, 2017, by the following vote: AYES : Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF C.T. MALE ASSOCIATES FOR PROFESSIONAL DESIGN AND CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES RELATED TO CAREY ROAD SANITARY SEWER DISTRICT AND ESTABLISHING CAPITAL PROJECT FUND #221 RESOLUTION NO.: 361,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Wastewater Director requested proposals for professional Design and Construction Administration Engineering Services (Services) related to establishment of the Carey Road Sanitary Sewer District(Project), and WHEREAS, the Wastewater Director and Purchasing Agent have received and reviewed three (3) proposals, with the lowest submitted proposal submitted by C.T. Male Associates, and therefore the Wastewater Director and Purchasing Agent have recommended that the Town Board authorize engagement of C.T. Male Associates for such Services in the amount of$111,200 as delineated in C.T. Male Associates' November 28, 2017 proposal presented at this meeting, and WHEREAS, the Town Board accordingly wishes to establish a Capital Project Fund related to the Project, and REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 552 WHEREAS, the Water Superintendent has advised the Town Board that there are times when Change Orders may become necessary related to such Services and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a 10% contingency for Change Orders that he deems necessary or appropriate, and WHEREAS, the Town Board wishes to authorize a withdrawal and expenditure in the total estimated amount of$122,320 from Capital Reserve No. 64 toward this Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserve 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of C.T. Male Associates for professional Design and Construction Administration Engineering Services (Services) related to the Carey Road Sanitary Sewer District for the amount of$111,200 as delineated in C.T. Male Associates' November 28, 2017 proposal as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of the "Carey Road Sanitary Sewer District Capital Project Fund 4221," which Fund will establish funding for expenses associated with the Project to be funded from the Town's Capital Reserve 464, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such Project are expenditures for a specific capital project for which the Reserve Account was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Wastewater Director to approve and sign Change Orders pertaining to such Services up to a 10% contingency or in the total amount not exceeding $11,120 that he deems necessary or appropriate, 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, make any adjustments, budget amendments, transfers and prepare any documentation to effectuate the transfer from Reserve No.: 64 in the amount of $122,320 to fund such Project and establish initial appropriations and estimated revenues for Capital Project Fund 4221 REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 553 in the amount of$122,320, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to establish the following accounts for such appropriations and revenues: • Increase Appropriation 001-9950-9030-0064 Transfer to Capital Project - $122,320; • Increase Revenue 221-0000-55031 Interfund Transfer - $122,320; • Increase Appropriation 221-8120-2899 Capital Construction - $122,320; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreements and/or documentation, and the Town Supervisor, Wastewater Director, Purchasing Agent and/or Town Budget Officer to take such other and further actions 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 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING CERTAIN EMPLOYEES IN CEMETERY DEPARTMENT TO CARRY OVER UNUSED VACATION TIME RESOLUTION NO.: 362, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Town of Queensbury's Cemetery Superintendent has advised that due to an extended medical leave of one of the Cemetery Department employees and the extended time needed when the new Crematory machine was being replaced, it was difficult to schedule everyone's vacation REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 554 time, and WHEREAS, since these employees were willing to do what was needed to cover the Cemetery Department, the Cemetery Superintendent has therefore requested Town Board approval for these employees to carry over their vacation time beyond December 31St, 2017 as follows: ■ Julian Gamache - 8 hours vacation ■ Jeremy Squires - 16 hours vacation ■ Chris Sennett - 20 hours vacation ■ Connie Goedert - 20 hours vacation and 8 hours Floating Holiday and WHEREAS, the Town Board wishes to approve such request with the understanding that such approval shall not be considered as a precedent for approval of any future requests, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the following employees to carry over their vacation time beyond December 31St, 2017 as follows: ■ Julian Gamache - 8 hours vacation ■ Jeremy Squires - 16 hours vacation ■ Chris Sennett - 20 hours vacation ■ Connie Goedert - 20 hours vacation and 8 hours Floating Holiday and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Director of Cemetery Superintendent and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT : None RESOLUTION TO AMEND 2017 BUDGET RESOLUTION NO.: 363, 2017 REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 555 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 2017 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-8020-4711 Reimb. Engineering 8,000 004-5110-1010 Wages 004-5110-4441 Drainage 9,000 Duly adopted this 4th day of December, 2017 by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS DECEMBER 5TH, 2017 RESOLUTION NO.: 364, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of November 30th, 2017 and a payment date of December 5th, 2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of November 30th, 2017 and a payment date of December 5th, 2017 totaling $473,542.59, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 556 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT : None RESOLUTION AUTHORIZING CLARIFICATION AND CORRECTION TO 2018 TOWN BUDGET REGARDING LEVY AND RATE RELATED TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 365, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 272,2017, the Queensbury Town Board adopted its Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2017 for payment of public improvement expenses within the District, with such District Roll for Fund No.: 32 being adopted in the amount of $58,500 with a rate of$4.709, and WHEREAS, an incorrect levy and rate was provided for the Town's adopted 2018 Budget and therefore the Town Board wishes to revise Account Code 032-0000-51030 Special Assessments in the Town's approved 2018 budget from $47,500 to the correct amount of$58,500 and adjust the estimated tax rate accordingly from $3.8239 to the correct amount of$4.709, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a clarification and correction to its adopted 2018 Budget to revise Account Code 032-0000-51030 Special Assessments in the Town's approved 2018 budget from $47,500 to the correct amount of $58,500 previously set forth in the Town's adopted 2017 Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll and adjust the estimated tax rate accordingly from $3.8239 to the correct amount of$4.709, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Clerk/Receiver of Taxes and Assessments, Town Assessor, Wastewater Director and/or Budget Officer to REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 557 take all actions necessary to effectuate this Resolution. Duly adopted this 4th day of December, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES None ABSENT: None 5.0 CORRESPONDENCE TOWN CLERK CAROLINE BARBER noted letters received from Mr. Travis Whitehead dated November 8th, 2017, November 13th, 2017 and November 14th, 2017 which are on file in the Town Clerk's Office. 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) DR. DAVE SCHWENKER referred to this evening's online Post Star article referencing the Queensbury Senior Center where he was profoundly misquoted or interpreted in terms of the condoms in the bathrooms and HIV in the area. JOHN SALVADOR questioned the status of the Real Property Transfer Law. SUPERVISOR STROUGH noted that there is a meeting scheduled for tomorrow to review the draft language. MR. SALVADOR spoke regarding the creation of the Sweet Road sewer line and district. TRAVIS WHITEHEAD spoke regarding the Suez Utility Service Contract. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER (WARD IV)- • Happy to see the Carey Road Sewer District underway. COUNCILMAN FERONE (WARD III)- • Questioned status of traffic signals on Aviation Road at school intersection. Supervisor Strough noted that the parts have been ordered, expected in the beginning of October but we are still waiting for them. Unfortunately, there is nothing we can do at this point but wait. COUNCILMAN CLEMENTS (WARD ll)- Two request for street lights on the lower Boulevard and Bay Road. • Need to continue with the sidewalk repairs effort that I started. I will hope to have a couple of proposals for the next regular board meeting. COUNCILMAN METIVIER(WARD I)- This is mostly a public service announcement. Although we live in a beautiful town, we're not immune to no crime. A lot of cars have been broken into in recent weeks, my neighborhood got hit pretty hard, along with Bonner Drive and Leland Estates. Especially over the holidays, make sure you lock your cars and doors. SUPERVISOR STROUGH- • Received thank you letter from Bill VanNess and Beth Mclaughlin, the Commissioners of Board of Elections thanking Peter Smith, Troy Bapp, and Jeff Dunbar for their help with the elections setup of machines and signage. REGULAR TOWN BOARD MEETING, 12-04-2017, MTG 440 558 • Adirondack Glens Falls Transportation Council will be conducting a public hearing December 14th at 7 p.m. at West Glens Falls Fire Company for the purpose of receiving public input on potential routes for a trail system in Queensbury to make an integrated spine system for pedestrian and bicycle traffic. • Queensbury Water District Customers may experience discoloration because there is maintenance being done on the system this Wednesday. A public notification will be placed on the website and the post star. • There are openings on the Planning Board and Zoning Board of Appeals. If there is anyone interested, please send my office a letter of intent with a brief resume. • Reviewed the various functions he attended. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 366, 2017 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 4th day of December, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY