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2013-07-15 - Mtg 28 REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 208 REGULAR TOWN BOARD MEETING MTG#28 JULY 15TH, 2013 RES# 298-316 7:05 P.M. B.H. 15-16 BOARD MEMBERS PRESENT SUPERVISOR RONALD MONTESI COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN JOHN STROUGH COUNCILMAN TIM BREWER PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 298, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enters into the Queensbury Board of Health. Duly adopted this 15th day of July, 2013 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT:None QUEENSBURY BOARD OF HEALTH RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JUDY GIBSON RESOLUTION NO.: BOH 15,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough 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 REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 209 WHEREAS, Judy Gibson has an existing failed septic system which is proposed to be removed completely and replaced with a new septic tank, pump station and absorption bed on an adjacent parcel owned by Ms. Gibson,and WHEREAS,Ms. Gibson has applied to the Local Board of Health for three (3)variances from Town Code Chapter 136 regarding such proposed replacement system to allow: L An absorption system to be located 184' from her well in lieu of the required 200' setback, 2. A septic tank to be located 18.3' from her well in lieu of the required 50' setback;and 3. A septic tank/pump station to be located 4.7' from the north property line and S from the east property line in lieu of the required 10' setback, on property located at 106 Sunnyside Road in the Town of Queensbun NOW,THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, August nth, 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbun% to consider Judy Gibson's sewage disposal variance application concerning property located at 106 Sunnyside Road in the Town of Queensbury (Tax Map No.: 279.17-1-26 & 27, 249.17-2-17) 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 15 th day of July,2013,by the following vote: AYES: Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: AGENT TOM CENTER PRESENT SUPERVISOR MONTESI-Asked before the public hearing is held that Mr. Center show some kind of alarm system that shuts the water off. AGENT, TOM CENTER-That is standard with the pump station we can make sure it is noted in there. This is part of the septic permit when we apply for that and before its approved is that the alarm system and solenoid valves are a part of the pump system. COUNCILMAN STROUGH-We saw the reference to the alarm but no reference or details or verbiage explaining it if you can add that, it would be great. MR. CENTER-To add an additional note. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 210 RESOLUTION NO. BOH 16, 2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 15111 day of July, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier NOES: None ABSENT:None REGULAR TOWN BOARD MEETING 2.0 RESOLUTIONS RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO.: 299,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,the Queensbun-Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sanitary Sewer District Benefit Tax Roll for 2014 as presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbun-Town Board shall hold a public hearing on Monday, August stn 2013 at 7:00 p.m. at the Queensbun� Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2014 Route 9 Sanitary Sewer District Benefit Tax Roll,and BE IT FURTHER- RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date. Duly adopted this 15 th day of Jul`,2013,by the following vote: AYES: Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer NOES: None REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 211 ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO.300,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbun-Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2014 as presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August stn 2013 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2014 South Queensbury— Queensbury Avenue Sanitary Sewer District Benefit Tax Roll,and BE IT FURTHER- RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date. Duly adopted this 15 th day of July,2013,by the following vote: AYES : Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST QUEENSBURY- SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2014 RESOLUTION NO.301,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 212 WHEREAS,the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed West Queensbury Sanitary Sewer District Benefit Tax Roll for 2014 as presented at this meeting, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, August stn 2013 at 7:00 p.m. at the Queensbun� Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2014 West Queensbury Sanitary Sewer District Benefit Tax Roll,and BE IT FURTHER- RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10)days prior to the hearing date. Duly adopted this 15 th day of July,2013,by the following vote: AYES : Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF MATTHEWS CREMATION GROUP TO PERFORM CREMATORY RETORT REPAIRS RESOLUTION NO.: 302,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Ronald Montesi WHEREAS,the Town of Queensbury's Cemetery Superintendent and Town Cemetery Commission have requested that the Town Board authorize Matthews Cremation Group (Matthews) as a single source vendor to perform Crematory Retort repairs on the Crawford C-1000 Cremation Unit at the Pineview Cemetery,and WHEREAS, such repairs will cost approximately $9,309, not including freight charges, as set forth in Matthews' letter proposal dated May 16th,2013 and presented at this meeting,and WHEREAS, Matthews has performed annual Crawford and Power Pak Retort inspections, is accepted by the New York State Department of Environmental Services as meeting statutory requirements regarding inspections, and is the manufacturer of these retorts, possessing proprietary engineering drawings and specifications for such equipment, and for these reasons, the Town Board wishes to waive the Town Purchasing Policy's two (2)quotes, self-imposed bidding requirement in this instance,and WHEREAS,the Town will adhere to all New York State Law bidding requirements,and REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 213 WHEREAS, this will ensure that the Town's retorts will continue to operate in a safe and efficient manner while continuing to meet DEC's regulatory requirements, NOW,THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes,and BE IT FURTHER RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Matthews Cremation Group (Matthews) to repair the Crawford C-1000 Cremation Unit at the Pineview Cemetery for approximately $9,309 (under$20,000). not including freight charges, as set forth in Matthews' letter proposal dated May 16th,2013 and presented at this meeting,and BE IT FURTHER- RESOLVED, that such authorization is contingent upon Matthews providing the Town with satisfactory proof of insurance prior to commencing work for the Town, and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs that payment shall be made from the Cemetery's Equipment Repair Account No.: 002-8810-4070 and authorizes and directs the Town Budget Officer to take any and all actions necessary to amend the Town Budget accordingly, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery 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 15 th day of July,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING EXTENSION OF LEASE AGREEMENT WITH WARREN COUNTY HISTORICAL SOCIETY RESOLUTION NO.: 303, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, there is currently an Agreement dated July 17th, 2006 between the Town of Queensbury and the Warren County Historical Society, and REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 214 WHEREAS, §6 of the Agreement provides that the Agreement shall take effect August 1St, 2006 and continue in effect for five (5) years from the date of inception and further provides that the parties may mutually agree to extend this Agreement for additional periods at lengths to be agreed upon, and WHEREAS, by Resolution No.: 220,2011, the Town Board authorized an extension of such Lease Agreement for an additional period of two (2) years, or through August 1St, 2013, with all other terms and conditions of the Lease Agreement remaining unchanged, and WHEREAS, the Town Board wishes to authorize another extension of such Lease Agreement for an additional period of five (5) years, or through August 1St, 2018, with all other terms and conditions of the Lease Agreement remaining unchanged, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the Lease Agreement between the Town of Queensbury and the Warren County Historical Society for an additional five (5) year period commencing August 1St, 2013, through August 1St, 2018, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute a Lease Agreement with the Warren County Historical Society and take such other actions as necessary to effectuate the purposes 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 15th day of July, 2013, by the following vote: AYES Mr. Brewer, Mr. Montesi, Mr. Metivier NOES Mr. Clements AB SENT : None ABSTAIN: Mr. Strough RESOLUTION ADOPTING RESTRUCTURED TOWN OF QUEENSBURY EMPLOYEE HANDBOOK RESOLUTION NO.: 304,2013 REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 215 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, the Queensbun- Town Board previously adopted a Town of Queensbury Employee Handbook(Handbook) delineating Town employee policies and procedures,and WHEREAS, during the past several `ears the Town Board has revised the Handbook from time-to- time,and WHEREAS,the Town Board wishes to adopt the Handbook in a new format in order to include all revisions made to the Handbook since the time of its adoption, restructure the document and its Table of Contents to properly present all the revisions, correct grammatical errors or inaccuracies and conform its policies and procedures to reflect changes in State law,and WHEREAS, the Town of Queensbury Unit of the Civil Service Employees Association, Inc., has received and reviewed the revised, restructured Employee Handbook and has no objections to the amendments,and WHEREAS,a cop` of the revised,restructured Handbook has been presented at this meeting, NOW,THEREFORE, BE IT RESOLVED,that the Queensbun-Town Board hereby adopts the revised Employee Handbook in its restructured version as presented at this meeting as the official Employee Handbook,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the Employee Handbook to all Town employees and elected officials. Duly adopted this 15 th day of Jul`,2013 by the following vote: AYES : Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough NOES : None ABSENT: None REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 216 RESOLUTION AUTHORIZING CLOSURE OF QUEENSBURY COMMUNITY CENTER CAPITAL PROJECT FUND #144 RESOLUTION NO.: 305, 2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, in accordance with Resolution No.: 527,2003, the Queensbury Town Board established the Queensbury Community Center Capital Project Fund #144 which established funding for expenses associated with a recreation project known as the Queensbury Community Center Project (Project), and WHEREAS, the Town's Director of Parks and Recreation has advised that the Project is complete and the Fund can be closed, and WHEREAS, the Town's accounting records show that there is approximately $46,776.02 remaining in Capital Project Fund#144, and WHEREAS, the Town Board wishes to close such Capital Project Fund and transfer its remaining fund balance to the Gurney Lane Recreation Area Capital Project Fund #157 to help pay for additional pool repairs, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Queensbury Community Center Capital Project Fund #144 and transfer its remaining balance of approximately$46,776.02 to the Gurney Lane Recreation Area Capital Project Fund #157 and increase Capital Construction Account No.: 157-7110-2899 by $30,276.02 and Engineering/Design Account No.: 157-7110-4400 by$16,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Accountant and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate all 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 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 15th day of July, 2013, by the following vote: AYES : Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES : None ABSENT:None REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 217 RESOLUTION AUTHORIZING TRANSFER OF MONIES FROM HUDSON POINTE NATURE PRESERVE CAPITAL PROJECT FUND #145 TO GURNEY LANE RECREATION AREA CAPITAL PROJECT FUND #157 RESOLUTION NO.: 306, 2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 103,2004, the Queensbury Town Board established the Hudson Pointe Nature Preserve Capital Project Fund #145 which established funding for expenses associated with certain improvements at the Hudson Pointe Nature Preserve,and WHEREAS, the Town's Director of Parks and Recreation has advised that $16,400 in interest has accumulated in such Capital Project Fund #145 and has requested Town Board authorization to transfer such funds to the Gurney Lane Recreation Area Capital Project Fund #157 to help pay for additional pool repairs, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to transfer $16,400 from the Hudson Pointe Nature Preserve Capital Project Fund #145 to the Gurney Lane Recreation Area Capital Project Fund #157 and increase Capital Construction Account No.: 157-7110-2899 by$16,400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Accountant and/or Director of Parks and Recreation to take such other and further action as may be necessary to effectuate all 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 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 15th day of July, 2013, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES : None ABSENT: None RESOL UTION A UTHORIZING USE OF OCCUPANCY FUNDS FOR PURCHASE OF TOWN OF QUEENSBURY 250TH ANNIVERSARY BROCHURES REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 218 RESOLUTION NO.: 307,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS,by prior Resolution and Agreement the Queensbury Town Board provided in the Town Budget for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren Countv,and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board,and WHEREAS, the Town Board wishes to authorize the expenditure of$1,097 for printing costs of 5,000 of the Town of Queensbury's 25Otn Anniversary celebration brochures, which brochures promote the Town, its businesses and amenities, such funds to be from Warren County occupancy tax revenues received by the Town,and WHEREAS, such brochures will help to attract a significant number of people to the Town of Queensbury and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, NOW,THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the expenditure of $1,097 for printing costs of 5,000 of the Town of Queensbury's 25Otn Anniversary celebration brochures, such funds to be from Warren County occupancy tax revenues received by the Town and to be paid for from Account No.: 050-6410-4412, contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren Count`,and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the Town Budget and/or take any actions needed to provide for such payment,and REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 219 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 15 th day of July,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES : None ABSENT: None RESOLUTION ESTABLISHING POSITION OF SENIOR TREATMENT PLANT INSTRUMENT TECHNICIAN AND PROMOTING MICHAEL TROMBLEY TO SUCH POSITION RESOLUTION NO.308,2013 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 the full-time position of Senior Treatment Plant Instrument Technician in the Town's 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 Treatment Plant Instrument Technician is the most appropriate title for the position,and 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 Michael Trombley, Instrument Technician, has the required job experience and therefore the Water Superintendent has recommended the promotion of Michael Tromblev from Instrument Technician to Senior Treatment Plant Instrument Technician on a provisional basis until such time as Mr. Trombley meets all Civil Service requirements for the position,and WHEREAS,the Town Board wishes to establish the position and authorize the requested promotion, REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 220 NOW,THEREFORE, BE IT RESOLVED, that the Queensbun- Town Board hereby establishes the hourly position of Senior Treatment Plant Instrument Technician in the Town's Water Department, 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 further establishes the 2013 hourly rate for the position in the Town's Agreement with the Civil Service Employees Association at$28.3 ,and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the promotion of Michael Tromblev from Instrument Technician to the position of Senior Treatment Plant Instrument Technician effective Jul` 16th, 2013 on a provisional basis until such time as Mr. Trombley meets all Civil Service requirements for the position,and BE IT FURTHER RESOLVED,that consistent with the Union Contract, 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 Water Superintendent, Town Supervisor and/or Town Budget Officer to complete and file any documentation needed to establish this position and take such other and further action necessan� to effectuate the terms of this Resolution. Duly adopted this 15 th day of Jul`,2013,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF LAPAN'S PRECISION AIR CONDITIONING-HEATING-REFRIGERATION TO REPLACE REFRIGERATION UNIT AT TOWN CREMATORY REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 221 RESOLUTION NO.: 309,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS,the Town of Queensbury's Cemetery Superintendent has advised the Town Board that the Town Crematory's Refrigeration Unit suddenly broke down and it is necessary for the Town to replace such refrigeration unit under an emergency contract as time does not allow for the obtaining of several quotes, and WHEREAS, the Cemetery Superintendent has therefore requested that the Town Board authorize engagement of the services of LaPan's Precision Air Conditioning-Heating-Refrigeration (LaPan's) to replace the refrigeration unit for a cost of approximately $5,250 as set forth in LaPan's July loth, 2013 proposal presented at this meeting,and WHEREAS, the Town Board hereby determines that such services constitute an emergency procurement needed to best serve the Town's residents and such repairs must be done as soon as possible, NOW,THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described procurement, the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes and authorizes and directs the Town Cemetery Superintendent's engagement of LaPan's Precision Air Conditioning-Heating-Refrigeration to replace the refrigeration unit at the Town's Crematory for an amount not to exceed$5,250 as set forth in LaPan's July loth, 2013 proposal presented at this meeting, as such emergency repairs are needed to best serve the Town's residents and should be made as soon as possible,and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs that payment shall be made from the Cemetery's Equipment Repair Account No.: 002-8810-4070, and authorizes and directs the Town Budget Officer to decrease Appropriation No.: 002-9060-8060 (Health Insurance) and increase Appropriation No.: 002-8810-4070 by $5,250, and take any and all actions necessary to effectuate payment and amend the Town Budget accordingly, and REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 222 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 15 th day of July,2013,by the following vote: AYES : Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER PLANNING & DEVELOPMENT, INC FOR SUBMISSION OF APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THROUGH NEW YORK STATE HOUSING & COMMUNITY RENEWAL RESOLUTION NO.: 310,2013 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 278, 2013 the Queensbury Town Board scheduled a public hearing concerning the Town's proposed application for funds through the New York State Office of Community Renewal (OCR)'s administered Community Development Block Grant Program, and WHEREAS, the Town Board duly conducted its public hearing on Monday, July 1St 2013, heard all interested persons, reviewed its housing and community development needs and developed a proposed program and application for the CDBG funds, and WHEREAS, the Town's Senior Planner has advised the Town Board that the New York State Small Cities Office is now accepting applications from eligible communities to compete for the CDBG funds, and REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 223 WHEREAS, by Resolution No.: 284, 2013 the Town Board authorized submission of its application for the CDBG funds, and WHEREAS, the Senior Planner has informed the Town Board that it will need assistance to complete the funding application and therefore has recommended that the Town engage the services of Shelter Planning & Development, Inc., for the development and submission of a Small Cities grant application due August, 2013, such services to be provided for an amount not to exceed $3,500.00 as outlined in their proposal dated July 2"d 2013 presented at this meeting, NOW, THEREFORE BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of Shelter Planning & Development, Inc., to provide community development strategy and grant application assistance for the purpose of putting together a complete Community Development Block Grant Program (CDBG) application, and BE IT FURTHER, RESOLVED, that payment to Shelter Planning & Development, Inc., not to exceed $3,500, shall be paid from Consultant Services Account No.: 001-8020-4720, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 1St day of July, 2013, by the following vote: AYES: Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer NOES: None AB SENT:None RESOLUTION TO AMEND 2013 BUDGET REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 224 RESOLUTION NO: 311,2013 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi 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 2013 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 138-0000- 52401 Interest 51,133.63 Increase Appropriation 138-7110- 2899 Capital Construction 51,133.63 Increase Revenue 146-0000- 52401 Interest 6,711.71 Increase Appropriation 146-7110- 2899 Capital Construction 6,711.71 Duly adopted this 15th day of July, 2013, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Strough, Mr. Brewer, Mr. Montesi NOES None REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 225 ABSENT : None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE VEHICLES AND EQUIPMENT RESOLUTION NO.: 312,2013 INTRODUCED BY: Mr.John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, in accordance with New York State Town Law §64(2), the Queensbun- Town Board ma`s 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 vehicles and items from various Departments which are considered to be surplus,and WHEREAS, the Budget Officer advised the various Town Departments of the surplus vehicles and items and did not receive any requests from the Departments for such surplus vehicles and items and therefore has requested Town Board authorization to sell the surplus vehicles and 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 vehicles and items provided by the various Town Departments: Description Asset No. Serial Number Dept. Sonv Confer-Corder 4002 0528915 Town Clerk Sonv Confer-Corder 4070 029183 Town Clerk Pitnev Bowes Letter Opener n/a 8646 Town Clerk Panasonic Microcassette Transcriber 2636 PA903895 Town Counsel Multigrip Cement Mixer 403 FL750231 Cemetery- Excel Hustler Mower 334 6080625 Cemetery NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 226 RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus vehicles and items that are no longer needed bv the Town or obsolete as follows: Description Asset No. Serial Number Dept. Sonv Confer-Corder 4002 0528915 Town Clerk Sonv Confer-Corder 4070 029183 Town Clerk Pitnev Bowes Letter Opener n/a 8646 Town Clerk Panasonic Microcassette Transcriber 2636 PA903895 Town Counsel Multigrip Cement Mixer 403 FL750231 Cemetery- Excel Hustler Mower 334 6080625 Cemetery and BE IT FURTHER RESOLVED,that the Queensbun-Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus vehicles and items,and BE IT FURTHER RESOLVED, that all Town proceeds from the sales shall be deposited into the appropriate revenue account(s)in accordance with the Queensbun-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 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. REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 227 Duly adopted this 15 th day of July,2013,by the following vote: AYES : Mr. Clements,Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES RELATING TO CONSOLIDATED FUNDING APPLICATION FOR FUNDS FROM NEW YORK STATE LOCAL WATERFRONT REVITALIZATION PLAN (LWRP) RESOLUTION NO.: 313,2013 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS,the Town of Queensbury's Director of Parks and Recreation(Director) has advised the Queensbury Town Board that the Town is eligible to apply for funds from the New York State Local Waterfront Revitalization Plan(LWRP)relating to Town park and trail development,and WHEREAS, the Director has requested Town Board authorization to engage the services of The Chazen Companies (Chazen) for a sum not to exceed $3,500 in accordance with Chazen's July I Ith, 2013 proposal submitted at this meeting, for Chazen's assistance in preparing a Consolidated Funding Application (CFA) requesting funds from the LWRP for approximately $90,000 in grant funds for the development, design and implementation of an integrated trail system connecting the Hudson Pointe Preserve and the Faith Bible Church(OSI)properties and creating a connecting trail to the Feeder Canal Trail, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town's Director of Parks and Recreation to engage the services of The Chazen Companies for an amount not to exceed$3, 00 in accordance with Chazen's July 11th, 2013 proposal submitted at this meeting, for Chazen's assistance in preparing a Consolidated Funding Application (CFA) for approximately $90,000 in grant funds from the New York State Local Waterfront Revitalization Plan(LWRP)as set forth above,and BE IT FURTHER REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 228 RESOLVED, that payment for The Chazen Companies' services shall be paid from the Hudson Pointe Project Account No.: 145-7110-2899,and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 15 th day of July,2013,by the following vote: AYES : Mr. Strough,Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements NOES : None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF JULY 16', 2013 RESOLUTION NO.: 314,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS,the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of July I Ith,2013 and a payment date of July 16th 2013, NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Warrant with a run date of July I Ith,2013 and a payment date of July 16th,2013 totaling$992,587.70,and BE IT FURTHER REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 229 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 15 th day of July,2013,by the following vote: AYES: Mr. Brewer,Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough NOES: None ABSENT:None RESOLUTION AUTHORIZING PURCHASE OF STAND-BY GENERATOR WITH ACCESSORIES FROM BETTER POWER, INC. AND AWARD OF INSTALLATION CONTRACT TO GROSS ELECTRIC, INC. RESOLUTION NO.: 315,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Facilities Manager has requested Town Board approval to purchase a stand-by generator with transfer switch and accessories and extended warrantee to replace an aged 1975 vintage stand-by generator,and authorize installation of such new generator,and WHEREAS,the Town Board wishes to authorize the Town Budget Officer to amend the 2013 Town Budget to provide for such purchase and installation by appropriating $45,956 of undesignated, unassigned Fund Balance and increase appropriations in Account No.: 001-1620-2899 by the same amount,and WHEREAS, New York State Bidding is not required for the purchase as it is in accordance with New York State Contract No.: PC62003 pricing,and WHEREAS, the Town's Facilities Manager obtained two (2) written quotes for the installation portion as required by the Town's Procurement Policy, NOW,THEREFORE, BE IT REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 230 RESOLVED, that the Queensbury Town Board hereby approves of the Town Facilities Manager's purchase of a stand-by generator with transfer switch and accessories and extended warrantee from Better Power, Inc., in accordance with Better Power, Inc.'s July 3rd, 2013 proposal presented at this meeting and in accordance with New York State Contract No.: PC62003 pricing for an amount not to exceed$27,906, and BE IT FURTHER RESOLVED, that the Town Board further approves of the Town Facilities Manager's engagement of Gross Electric for installation services related to the generator purchase in accordance with its July 15'h, 2013 proposal presented at this meeting for an amount not to exceed$18,050, and BE IT FURTHER- RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer$45,956 from undesignated, unassigned Fund Balance to Account No.: 001-1620- 2899 and take all other actions necessary to effectuate the purchase and installation, and BE IT FURTHER- RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any necessary Purchase and/or Maintenance Agreement and any other needed documentation, and the Town Supervisor, Town Budget Officer and/or Facilities Manager to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 15th day of July,2013,by the following vote: AYES: Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough,Mr. Brewer NOES: None ABSENT:None 3.0 PRIVILEGE OF THE FLOOR KYLE NOONAN, 5 CEDARWOOD DRIVE, QUEENSBURY-Read letter into the record regarding concerns of quality of life issues shared by residents of the Twicwood Subdivision regarding the frequency of fireworks and the decibel level generated from them at The Great Escape feels that this permit when it comes before the Planning Board next year should not be granted is hoping for a better solution. Will be submitting a petition with names to show solidarity on this issue. (Letter on file in Town Clerks Office) COUNCILMAN CLEMENTS-Asked if Mr. Noonan has any suggestions regarding this issue? MR. NOONAN-Would be willing to work with the Great Escape. REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 231 DAVID COUSINEAU, 9 MAPLEWOOD DRIVE, QUEENSBURY-Spoke to the board regarding his concerns with the frequency of fireworks being held at the Great Escape and the quality of life issues in the Twicwood Subdivision noting the greater concern is for next year asked the board to look at alternatives. COUNCILMAN BREWER-This board talked about the fireworks displays in the beginning of the year with the Great Escape nobody ever realized it would be at the elevation of the homes this is something that we will look at. LARRY STEINHART, JOYCE CLOUTIER, 362 CLEVERDALE ROAD, QUEENSBURY- Spoke to the board regarding their concerns with boats speeding in and out of Sandy Bay very close to the shoreline. Asked the board if they could move the 5 mph zone back further north into the bay and to do something along the shoreline that clearly tells people where a hundred feet is noting that they realize there are several jurisdictions that come into play regarding enforcement issues pertaining to Lake George. SUPERVISOR MONTESI-Spoke regarding the Local Law that was passed by the Town Board in 2007 regarding Sandy Bay. COUNCILMAN METIVIER-Believes that the State just passed a law that everyone has to be licensed so now people will know where they have to be regarding speed limits. MR. STEINHART-Asked if a petition from the Cleverdale residents would be helpful in getting navigation buoys out a hundred feet along the channel? COUNCILMAN METIVIER-Sure, I would be interested to hear what other neighbors say about it. SUPERVISOR MONTESI-Part of this could be an enforcement action. MS. CLOUTIER-Believes the navigational buoys would be helpful. SUPERVISOR MONTESI-We can talk to the agencies that govern the lake regarding Sandy Bay in terms of enforcement. COUNCILMAN METIVIER-I will work with you. JOHN SALVADOR-Spoke to the board regarding the Asian claim invasive species issue in Lake George noting the Water Keeper went to the Park Commission meeting on July 1St announcing the fact they have created a new coalition called Stop Aquatic Invasives from entering Lake George. They are opposed to the Park Commission proposal to allow the public launch ramps to be opened after hours of inspection believes the Commission has patterned its approached around the experiences they gained from visiting Lake Tahoe. SUPERVISOR MONTESI-Spoke regarding a letter John Salvador wrote concerned with the incidental use of residences and how the Town Assessor classifies them noting the Town Assessor is going to be changing the classification to two eighty three. GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke regarding the Airport Meeting noting he feels a majority of the people would not want the Airport extended. Spoke regarding the incident on Glen Street asked if Dr. Garner visited the house. SUPERVISOR MONTESI-Dr. Garner went through the house he will be writing a letter to condemn the property the next step will be to take it to Court and get the Judge to condemn it. HARRISON FREER, 28 GARRISON ROAD-Spoke to the board wanted the board to know since the Airport issue did come up tonight that the current status for jet engines is much quieter than the hundred and fifty decibels that was quoted in Mr. Noonan's letter. For those who are against the Airport or against the Airport expansion for whatever reason realize that the current jet engine requirements are much more quieter believes it is eighty decibels, which is less than a stereo playing loud. REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 232 PAUL KILMARTIN, 247 QUEENSBURY AVENUE-Spoke to the board regarding the issues with the expansion of the Airport also noted his concerns with the wetlands and trying to protect the Pleated Woodpeckers in that area. 4.0 CORRESPONDENCE DEPUTY CLERK, O'BRIEN-The following is on file in the Town Clerks Office. Supervisors Monthly Report for June 2013 for Community Development and Building and Codes. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER—WARD FOUR • Spoke with Mike Gordon, Chief of West Glens Falls Fire Company regarding the incident Mr. Winters shared with him noted the Fire Company does not approve of it. They spent many hours putting flyers in mailboxes to let the people know that there was going to be a parade. COUNCILMAN JOHN STROUGH—WARD THREE • Monthly report for June from Mike Palmer, Fire Marshal asking the public to use caution along waterways especially during recreational events. • Monthly report for June from Jim Fitzgerald, Animal Control Officer reporting ninety eight dog incidents in the month. Thanked Mike Palmer and Jim Fitzgerald for their efforts in working for the Town, doing a great job. • Spoke regarding the meeting held for the Warren County Airport expansion and the pros and cons regarding the expansion. If it is going to provide economic opportunity and good jobs to this area I don't think we want to say no. This is a onetime opportunity if we do not do it now it may never come our way again. It is federal fees, user fees that are paying for this runway improvement having a good Airport is a very important infrastructure item. COUNCILMAN BRIAN CLEMENTS—WARD TWO • Spoke regarding the Airport controversy noting he does not have an opinion yet would like to hear more, I thought the meeting was good. The Airport is in my Ward asked that the residents of Ward Two contact him via email the address is on the website let me know your comments regarding the expansion. I would be very interested in what you have to say if you want to talk to me in person I would be glad to meet with you. COUNCILMAN METIVIER—WARD ONE • The Airport expansion is not a Town Board decision thinks that people get confused by this. This Town Board is not voting on the runway we may have personal say in it, but we do not have a vote in it. • Spoke regarding the comment made about attendance at Town Board meetings, it has been this way for years. I think the reason why people do not come is that the meetings are televised. We welcome people we want people to come I wish more people would attend. • Spoke regarding regular meetings being held for water quality issues on Lake George. Meetings are held in people homes they talk about ways to improve lake quality. There will be a meeting held on Monday, July 29t1i 2013 for the Assembly Point Water Quality Awareness Committee they are asking anyone who would like to join them to please attend, they are also asking people who do not live on the lake to attend. If you would like to accompany me I will bring you, you may contact me at wardoneggueensbury net. REGULAR TOWN BOARD MEETING 07-15-2013 MTG#28 233 On August 3rd, 2013 it is Keep the Queen Clean Day, it will be a day of lake wide activism for collecting shoreline and underwater debris and trash. SUPERVISOR MONTESI • Met with Highway Superintendent to review list of roads that he will be paving in the Town of Queensbury. Approximately a hundred and eighty five thousand to be spent in Ward One. Seventy thousand in Ward Two. Ninety nine thousand in Ward Three. Seventy Six Thousand in Ward Four. This is based on what was budgeted for the year and what the Chips funds will be. • Spoke to the board regarding the corner of Bay and Quaker Road noting he is not pleased with the way the corner looks. We are going to be dressing the corner up in the fall we will be planting a hue of orange, brown, and yellow mums to make the corner standout. • Spoke regarding the Airport noting he is the only one on the Town Board who can vote because he serves as a County Supervisor. I need to know how much money we have spent my guess is a million and a half dollars I have asked the County Chairman and County Administrator to call the FAA. I want to know if I have to pay that back if I cancel the Airport runway this is an important consideration. • Thanked Look TV and sponsors RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO. 316, 2013 INTRODUCED BY: Mr. Anthony Metivier 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 15th day of July, 2013, by the following vote: AYES: Mr. Strough, Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements NOES: None AB SENT:None RESPECTFULLY SUBMITTED DARLEEN M. DOUGHER TOWN CLERK TOWN OF QUEENSBURY