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2014-03-24 - Mtg 12 REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 1 REGULAR TOWN BOARD MEETING MTG#12 March 24, 2014 RES# 104-116 7:00 P.M. B.H. 4-5 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER PRESS: LOOK TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 104, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements 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 24th day of March, 2014 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH CONTINUATION OF PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ADIRONDACK MOUNTAIN RIDGE ESTATES, LLC SUPERVISOR STROUGH- The application that we were going to deal with tonight, which was the Adirondack Mountain Ridge Estates application, they have resubmitted a new plan, different enough so that we think that it should be treated as a new application. So, I'm going to close the public hearing on the old application and I'm going to ask Rose to please read the resolution setting the public hearing. PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 2 RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ADIRONDACK MOUNTAIN RIDGE ESTATES,LLC RESOLUTION NO.: BH 4,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements 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, Adirondack Mountain Ridge Estates, LLC has applied to the Local Board of Health for variances from Chapter 136 to place the: 1. Effluent Line one foot (1') from the existing house in lieu of the required ten feet (10') setback; and 2. Elijen System two feet (2') from the northerly property line in lieu of the required ten feet (10') setback; on property located at 85 Hanneford Road 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, April 7t1i 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Adirondack Mountain Ridge Estates, LLC's sewage disposal variance application concerning property located at 85 Hanneford Road in the Town of Queensbury (Tax Map No.: 227.18-1-30 and 31) 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 24th day of March, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None DISCUSSION HELD: COUNCILMAN VANNESS- I just want to say a bunch of us went up and looked at it, we were happy with what they did but we will discuss more when it comes to the public hearing. SUPERVISOR STROUGH- Treating this as a new application is just something that just came about this morning. Up until now we were treating it as a modified application. But both attorney's, REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 3 the applicant's attorney and the town attorney both agreed that it would be best and safest to treat this as a new application and so we are. Anything you want to add to that Bob? ROBERT HAFNER, TOWN COUNSEL-No, we just think that's the right way. We'll give people public notice that it's a new application. SUPERVISOR STROUGH-Public Hearing is set for April 7t1' RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 5, 2014 INTRODUCED BY: Mr. Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 24th day of March, 2014, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) GEORGE WINTERS- Spoke to the board regarding resolution 3.4, authorizing Queensbury Central Volunteer Fire Company to buy the new Chevy truck. They don't need a big truck like that to run to the fires. Asked board members to explain why they need this $50,000 truck. SUPERVISOR STROUGH- Explained that it's a Tahoe that they currently have and it's a Tahoe that they are getting. So it's not bigger, it's just replacing an older Tahoe. COUNCILMAN VANNESS- It's a 2002 with 130,000 miles. They are going to sell the used one and use the money toward the new one. This is strictly a replacement, it's the same size. The one difference is that it comes equipped with lights. It's coming out of their budget, they are not asking for a budget increase. MR. WINTERS- Questioned the Board about the mailboxes on Main Street. When the road was put in they put all new mailboxes and the Town of Queensbury paid for them. It was a poor design. SUPERVISOR STROUGH- The board did not make that decision. MR. WINTERS- Back to the resolution 3.4, questioned if the miles put on the Tahoe are just for the Town of Queensbury fire or is there personal miles too? COUNCILMAN IRISH- There is both. That's a chief s vehicle, they have the ability to drive it back and forth because they are responding to the fire from their home or work or wherever they are. MR. WINTERS- Who drives it,just the Chief? COUNCILMAN IRISH- We have some members of Queensbury Central Volunteer Fire Company here and they can answer that when they come up to the microphone. REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 4 SUPERVISOR STROUGH- We can have those questions answered when we get to the resolution. JOHN SALVADOR- Spoke regarding Supervisor Strough's March IOth report, that the town offices are in receipt of applications from three town residents who are interested in filling open seats on the town's Board of Ethics. Because the town's ethics code requires a five member board they are still waiting for more applications. Regulations of ethics boards created by municipalities other than counties must consist of at least three members, the majority of whom are not otherwise officers or employees of the municipality. However, a Town ethics board must consist of at least one member who is an elected or appointed town officer or employee. Stated that he is not aware that the town board has solicited applications from any of its town officers or appointed employees. This should be done immediately because it is a mandatory minimum requirement. Explained that this would make four members and they could proceed, they would have a quorum while searching for the fifth member. SUPERVISOR STROUGH- Explained that there are three applications, they are not members and maybe none of them would be suitable for members. We have not even interviewed them because they would like to have more applications before they start the process. MR. SALVADOR- There was an article in the Adirondack Journal pertaining to the Warren County Ethics and Disclosure Law. He had a chance to browse through it and it is very thorough. Encouraged Supervisor Strough to take a look at it. MR. SALVADOR- Asked Supervisor Strough to explain during town board discussion to bring the board up to date on the progress of the issue of the town boundary in North Queensbury. SUPERVISOR STROUGH- Offered for Mr. Salvador to stop in to his office so he can show him the map. He also has some information on the Route 9 sewer and will fill him in on that at the same time. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF AVIATION ROAD/DIXON ROAD/FARR LANE INTERSECTION IMPROVEMENTS RESOLUTION NO.: 105, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 232,2012, the Queensbury Town Board authorized and approved the Aviation Road/Dixon Road/Farr Lane Intersection Improvements Project in the Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project), and WHEREAS, by Resolution No.: 89,2014, the Town Board reaffirmed the Project and authorized and directed the Town Supervisor and/or Town Budget Officer to pay in the first instance 100% of the federal and non-federal share of the cost of Design Right-of-Way (ROW) Incidentals, ROW Acquisition and Construction phases for the Project or portions thereof, and WHEREAS, the Town of Queensbury's Senior Planner has advised the Town Board that the New York State Department of Transportation has reviewed the Bid Proposal and Plans prepared by Creighton Manning Engineering, LLP and on March 18, 2014 authorized the Town to advertise the project for letting, and REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 5 WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) 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 Town's Purchasing Agent to publish an advertisement for bids for the construction of the Aviation Road/Dixon Road/Farr Lane Intersection Improvements Project in the Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project), in the official newspaper for the Town of Queensbury and in the New York State Contract Reporter, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received, read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING EMINENT DOMAIN PROCEDURE LAW CLAIM FOR ADDITIONAL COMPENSATION FILED BY AREC 10,LLC DB/A U-HAUL RESOLUTION NO.: 106,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury previously commenced Condemnation Actions to acquire certain easements along the Main Street corridor to effectuate the undergrounding of utilities in relation to the road widening and reconstruction project undertaken by Warren County, and WHEREAS, AREC 10, LLC d/b/a U-Haul (AREC 10) is the owner of certain real property located at 112 Main Street in the Town of Queensbury which was one of the properties across which the Town obtained an easement, and WHEREAS, in accordance with the Eminent Domain Procedure Law, the Town made a principal payment to AREC 10 in the amount of$26,200, and REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 6 WHEREAS, AREC 10 filed Notices of Claim against the Town asserting that the Town undervalued the acquisition and AREC 10 further claimed that the correct easement value is $50,000, and WHEREAS, the parties have exchanged appraisal reports, participated it numerous Court conferences and discussed amicably resolving this dispute, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the Claims bearing Warren County Index Number 52284 in the amount of$6,000, which sum includes both principal and interest, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of this amount within thirty(30) days from the date that all necessary settlement documents are signed by all parties, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to provide for such payment from Account No.: 001-1940-2820 by use of unappropriated, undesignated Fund Balance and take all other actions necessary, including budget transfers, to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Counsel to draft and execute all necessary settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO._OF 2014 TO AMEND QUEENSBURY TOWN CODE BY REPEALING CURRENT CHAPTER 107 ENTITLED, "LAWN FERTILIZER AND PESTICIDE RUNOFF CONTROL" AND REPLACING IT WITH A NEW CHAPTER 107 RESOLUTION NO.: 107, 2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 7 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2014 to repeal current Queensbury Town Code Chapter 107 entitled, "Lawn Fertilizer and Pesticide Runoff Control," and replace it with a new Chapter 107 entitled "Lawn Fertilizer and Pesticide Runoff Control," in an effort to better regulate land use management practices specifically by limiting water body exposure to nitrates, phosphorus compounds and pesticide- related chemicals, reduce water body contamination, improve water body ecosystem integrity and assure healthier human, animal and plant habitats, such regulations pertaining to the shores of Glen Lake, Lake Sunnyside and the portion of Lake George within the Town of Queensbury, as well as all natural streams, tributaries, springs and wetlands within that portion of the Lake George Watershed located within the Town of Queensbury, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 7th 2014 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: of 2014, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2014 in the manner provided by law. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: None RESOLUTION AUTHORIZING QUEENSBURY CENTRAL VOLUNTEER FIRE COMPANY,INC.'S PURCHASE OF 2015 CHEVY TAHOE RESOLUTION NO.: 108, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 8 WHEREAS, the Town of Queensbury and the Queensbury Central Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a 2015 Chevy Tahoe to replace its 2002 Chevy Tahoe for a sum not to exceed the State Contract Pricing of$49,500, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company plans on paying for the vehicle by entering into a 60 month installment loan with a reputable financial institution at a rate of 3.99%, with loan payments to be made from the Fire Company's operating budget, such monies already included in the Fire Company's approved 2012-2014 budgets and Agreement with the Town, and WHEREAS, proceeds from the sales of the Fire Company's replaced vehicle would be used to offset the cost and installation of all warning devices for the new vehicle, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town and therefore the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Queensbury Central Volunteer Fire Company, Inc.'s purchase of a 2015 Chevy Tahoe to replace its 2002 Chevy Tahoe for an amount not to exceed $49,500 and the Fire Company's incurrence of$49,500 in debt for such purchase, as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee the debt with any financial institution on behalf of the Fire Company, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 9 ABSENT: None *DISCUSSION HELD BEFORE VOTE- SUPERVISOR STROUGH- Is there anybody from Queensbury Central who would like to speak to this and maybe add some information that was brought up in terms of questions during the privilege of the floor? JOE DUPREY, QUEENSBURY CENTRAL VOL. FIRE CHIEF- First, I would like to address the two questions or concerns that the gentleman had. As far as personal use, yeah. It's very difficult to determine if I head out on a personal task and all of the sudden the pager goes off, it's not a personal task anymore. In order to make use of the vehicle it's impossible for me to say when we're going to have to respond to a call, so yes we do perform personal tasks with it. The second question, I believe he had was on family members using it. Absolutely not, only members of the department. If I were to go out of town and leave the car with somebody else to be used, somebody else would be using it, that person using it would also be a member of the department as well. At no time whatsoever would anybody who is not a member be using that vehicle. SUPERVISOR STROUGH- And the idea behind that is so that the chief can run a normal everyday life but still be one of the first people to respond at the scene of an accident or a fire, and provide the leadership that might be needed at that site. CHIEF DUPREY- Correct, us using the vehicle in the manner that we use it is certainly not a unique situation to Queensbury Central, I can assure you that. COUNCILMAN VANNESS- Joe, could you quickly describe briefly the equipment that you're chiefs carry in that vehicle as being the first vehicle on the scene when they get to an accident scene or when they get to a fire scene. CHIEF DUPREY- Yes, I will give you the list. We also do EMS, first response. We have a full EMS bag, an AED, obviously, the miscellaneous fire equipment that we need, the radio, the communications, maps, books, etc. In the event that we come into a hazmat incident, we have reference material that we can refer to. Fortunately, now some of that is coming into the modern technology where we can put it on our laptops, etc. We also have laptops in the vehicle. That's just in our array of equipment that's in that vehicle. COUNCILMAN VANNESS-How many calls do you do a year, basically? CHIEF DUPREY- Last year the calls we serviced were just under 2,000 calls for the year. That's quite a few a day. SUPERVISOR STROUGH- Fortunately, we've got volunteers. I'd hate to think if we went to a paid fire department what we'd be paying as taxpayers. The other question that was brought up, is this vehicle any bigger than the last one? CHIEF DUPREY- The only difference is the difference in the model from a 2002 to 2015. SUPERVISOR STROUGH-Yeah, so it's the same vehicle, same thing? CHIEF DUPREY- If you really want to get technical, I've got the specks. The back of the compartment is an inch and a quarter taller, and a half an inch wider. So, yes it is larger. COUNCILMAN IRISH- I think Mr. Winters brought up a good point with the price of the vehicle but the actual cost of that vehicle is below what I could buy that for as a private citizen. CHIEF DUPREY- We purchased that vehicle under New York State contracts and there is no cheaper means for us to purchase a vehicle than under New York State contract. COUNCILMAN IRISH- I think I was on the board originally when we began talking about, I think we called them fly vehicles at the time when we started talking back in the 90's. I think I was one of the more opposed board members at the time of purchasing those vehicles for some of the reasons that Mr. Winters indicates. My feeling was all of the departments would want to have one, and REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 10 eventually they all came in front of the town board and with, I think at this point, good justification, proved why they needed those vehicles. I think that as long as we're doing our due diligence as board members and making sure that they're being used properly, we're not overpaying for vehicles, it's not a perk or anything like that, and again I don't believe at this point that it is. I think that they've been put to good use and they do benefit both the department and the town. I'm thankful that you guys do what you do and you're looking out for the taxpayer in this instance. Chris, (Chris Hickey, Treasurer) I know you spend a lot of time going through this stuff so thank you for that as well. CHIEF DUPREY-We do have a strict policy in place,just in reference to the chief s car. SUPERVISOR STROUGH- Any other questions on behalf of the board? Thank you Joe, thank you Chris. In summary, this is to allow Queensbury Central to purchase a 2015 Chevy Tahoe to replace their 2002 Chevy Tahoe for a sum not to exceed the State contract price of $49,500. Such price already includes the company's five year capital plan. They're going to take out a 60 month loan at a rate of 3.99% and they are going to use the proceeds of the sales of the old vehicle to offset the cost and the installation of warning devices. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION IN CONNECTION WITH BOAT LAUNCH INSPECTION AND BOAT WASH SYSTEM RESOLUTION NO.: 109, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Lake George Park Commission (LGPC) is implementing a Lake George boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain invasive species, and has requested that the Town of Queensbury partner with LGPC and other municipalities to assist with the procurement and acquisition of essential program equipment and support services and associated administrative expenses by contributing $30,000, and WHEREAS, by prior Resolution the Town Board provided 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 County, 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 provide funding in the requested amount of $30,000, with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting, and REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 11 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the Town and the Lake George Park Commission (LGPQ substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of$30,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410- 4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer taking such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier NOES None ABSENT: None ABSTAIN: Mr. VanNess *DISCUSSION HELD BEFORE VOTE: COUNCILMAN VANNESS-I will be abstaining John, I do work on the marine patrol,just on navigational support and stuff like that. It has nothing to do with our salary or anything but I'll ask that I'll abstain on this as well. RESOLUTION AUTHORIZING CRYSTAL GREENE TO WORK AS AN UNPAID INTERN FOR TOWN BUILDING AND CODES DEPARTMENT RESOLUTION NO.: 110, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement has requested Town Board approval for Crystal Greene, a student at Lake George High School, to work in his office as an unpaid intern for approximately 50 hours, and REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 12 WHEREAS, such internship would provide an opportunity for Ms. Greene to shadow, observe and learn from Town employees and receive class credit without Ms. Greene receiving financial compensation, and WHEREAS, the Lake George School District has confirmed that Ms. Greene will be covered under the School District's student accident insurance during her internship, and WHEREAS, the Town advised the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA) of this internship opportunity and CSEA has no objection as no CSEA position will be reduced or eliminated based on this internship, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes Crystal Greene to work as an unpaid intern for approximately 50 hours in the Town's Department of Building and Codes, and BE IT FURTHER, RESOLVED, that Ms. Greene will be under the direction and supervision of the Director of Building and Codes and as such she may ride in, but may not operate, Town Vehicles, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Director of Building and Codes to make any necessary arrangements and sign any necessary documents to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2014 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : None RESOLUTION APPOINTING JUDY MONAHAN AS PART-TIME SCHOOL CROSSING GUARD RESOLUTION NO.: 111, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, a School Crossing Guard position exists within the Town of Queensbury and the Town Board wishes to make an appointment to such position, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 13 RESOLVED, that the Queensbury Town Board hereby appoints Judy Monahan as a School Crossing Guard on an "on-call" basis only, effective on or about March 25th, 2014 at the current rate of pay for the position, subject to the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screening, 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 actions necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT : None RESOLUTION TO AMEND 2014 BUDGET RESOLUTION NO.: 112, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2014 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 004-0000-52680 Insurance Recovery 8,468.80 Increase Appropriation 004-5130-2020 Vehicles 8,468.80 001-1990-4400 Contingency 001-1410-4400 Misc. Contractual 4,000.00 REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 14 Duly adopted 24th day of March, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF ALLIED BIOLOGICAL FOR PROVISION OF HERBICIDE TREATMENT FOR CONTROL OF EURASIAN WATER MIL,FOIL AND ILLINOIS PONDWEED IN CONNECTION WITH THE AQUATIC VEGETATION MANAGEMENT PROGRAM FOR GLEN LAKE IN 2014 RESOLUTION NO.: 113, 2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 341, 2013, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2014, and WHEREAS, by Resolution No.: 159, 2013, the Town Board authorized engagement of Allied Biological for the Aquatic Vegetation Management Program for Glen Lake in 2013, which Program provided for Allied Biological's herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Allied Biological for an Aquatic Vegetation Management Program for Glen Lake in 2014 in accordance with Allied Biological's March 3, 2014 proposal presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Allied Biological for an Aquatic Vegetation Management Program for Glen Lake in 2014, such Program to provide for herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, in accordance with Allied Biological's March 3, 2014 proposal presented at this meeting, up to a total cost of$41,985, which includes Allied's administration of the Aquathol- Super K treatment at $1,093.00 per acre and the Aquatic Macrophyte Survey for $3,730.00, and REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 15 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051- 8790-4400 not to exceed $41,985 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 24th day of March, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None *DISCUSSION HELD BEFORE VOTE: SUPERVISOR STROUGH- This resolution is to allow us to use the same firm that treated Glen Lake previously without going to bid. Because of the satisfactory history with this previous firm this resolution is allowing us to proceed in that manner. Is there anything else I should add to that Bob? ROBERT HAFNER, TOWN COUNSEL- The only thing is, also that it's professional services. PAUL DERBY, PRESIDENT GLEN LAKE PROTECTIVE ASSOCIATION & MEMBER OF THE GLEN LAKE ADVISORY BOARD TO THE TOWN- We've had excellent success using Allied Biological incorporated for management of the invasives on Glen Lake for several years. We've had very good experience with them and just the strategy change this year since it's been so good is there are two pesky areas, the inlet at the southeast end in St. Mary's Bay that we'd like to do small spot treatments. We think we actually could save money in the future if we can get these areas for a couple years in a row. So we're hoping to go with more micromanagement than large scale treatments. So this would really help us out. COUNCILMAN VANNESS- Seems like it's working great. MR. DERBY- The Lake has been really wonderful and we've had very good success with this. SUPERVISOR STROUGH- The Lake has never been better so whatever we're doing is working. COUNCILMAN IRISH- At the risk of opening a can of worms here, we don't have anything in place at the town boat launch to make sure there's not anything being introduced there. Again, at the risk of opening a can of worms, I'm wondering if there is something we should be looking at there? SUPERVISOR STROUGH- Well, the Lake George Park Commission is, in their studies, have shown that canoes and kayaks are extremely low risk. It is usually the motorized boats and the trailers and the outdrives and the bilge, it's those kind of things where the invasive species hide out and enabled to stay alive. Most of your canoes and kayaks dry out. COUNCILMAN IRISH- Well, I know when I was on the commission we had a couple of issues with folks bringing in personal water crafts and some small engine boats in the back of their REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 16 pickups, so they were abiding by the no trailer law but they were still brining in motorized boats and equipment. Do you know if any of that's been occurring at all Paul? MR. DERBY- No, the town launch I would say is virtually all canoes and kayaks. I haven't personally seen, I'm sure it happens from time to time. But to follow up on that, it is encouraging to hear you say that the County's considering a County-wide. It would be good to see how this works on Lake George so they can work out all the bugs and get things in order, and then take it there. But, it was encouraging to hear that. COUNCILMAN CLEMENTS-Does the Association have any signage up there? MR. DERBY- There are signs. COUNCILMAN CLEMENTS- About invasive species? MR. DERBY- There are signs there at the town launch, there's one on the bike path where people sometimes put in, and two other signs on the lake, about cleaning off your weeds, and inspecting it. COUNCILMAN IRISH-Do you know if Christine has anything at the Docksider? MR. DERBY- There is one there, there used to be a large sign there, I know there's a sign right at the boat launch itself. Yes, there is a sign. COUNCILMAN IRISH- Good. COUNCILMAN VANNESS-If I'm correct Paul, the town launch, there's no possible way they can launch any motorized vehicles there right? MR.DERBY-Just car top. COUNCILMAN VANNESS- That's blocked off pretty well, correct? MR. DERBY-For using kayaks. It's used a lot. SUPERVISOR STROUGH- Any other questions for Paul? Paul thank you. In summary, this is authorizing engagement of Allied Biological for an aquatic vegetation management program for Glen Lake in 2014 and such program will provide for herbicide treatment for control of Eurasian Water Milfoil and Illinois Pondweed in portions of Glen Lake in accordance with Allied Biological's March 3rd 2014 proposal presented at this meeting, up to a total cost of$41,985, which includes Allied's administrations of Aquathol-Super K treatment at $1,093 per acre and the Aquatic Macrophyte Survey for $3,730. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: 114, 2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 120 of 2014, 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 REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 17 for the year 2014, 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 Agreement and accept such funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes an Agreement between Warren County and the Town of Queensbury regarding $25,000 in Warren County funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake as delineated above and authorizes and directs the Town Supervisor to execute such Agreement in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, 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 2014 Town Budget and increase revenue 051-0000-52189 and increase appropriation 051-9790-4400 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 Counsel take any further action necessary to effectuate the terms of this Resolution. Duly adopted 24th day of March, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS— WARRANT OF MARCH 25TH,2014 RESOLUTION NO.: 115,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of March 20th 2014 and a payment date of March 25th, 2014, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 18 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 20t1i 2014 and a payment date of March 25th, 2014 totaling $684,633.06, 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 24th day of March, 2014, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 4.0 CORRESPONDENCE- CAROLINE BARBER, TOWN CLERK- Supervisor's report for Community Development —Building& Codes for Month of February, 2014 on file in the Town Clerk's Office. The following letter was submitted and read into the record: Town Board of the Town of Queensbury March 20, 2014 742 Bay Road Route 9 Sanitary Sewer Queensbury, NY 12804 District Extension#1 Gentlemen: As you are aware, the Town Board's adoption of Resolution No 91, 2014 on March 10, 2014 authorized North High Realty Holdings, Inc. to connect to an existing private infrastructure thought to have been installed as a Route 9 Sanitary Sewer and Water"out-of- District Extension" by Royal Hospitality, LLC/The Stark Group, Inc., and Whereas, said authorization is to allow "North High" to receive water and sanitary sewer service from the Town via a private infrastructure, and Whereas, "North High" is expected to obtain written permission from "Royal Hospitality" to connect to its private infrastructure, and Whereas, the said water and sanitary sewer infrastructure are known to have been designed and installed within the bounds of State Route 9 Right-of-Way by Royal Hospitality, LLC, and Whereas, the land title to the Route 9 Right-of-Way through which the out-of-district privately owned underground water and sanitary sewer infrastructure runs is held by the State of New York in the name of its Dept. of Transportation, and Whereas, the water and wastewater infrastructure was installed in the State Route 9 Right- of-Way by Royal Hospitality, LLC before Royal Hospitality, LLC bothered to obtain a"Use and Occupancy Permit" from the NY State D.O.T., and Whereas, the said private infrastructure constitutes an illegal installation until it is properly permitted by the NY State D.O.T., and Whereas, Royal Hospitality, LLC has prepared an after-the-fact Map, Plan & Report dated February 2013 for purposes of "the formation and approval of Extension #1 to the Queensbury Route 9 Sanitary Sewer District" which extension is expected to be REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 19 consolidated into the existing Route 9 Sanitary Sewer District, and Wherefore, the Royal Hospitality, LLC Map, Plan and Report of February 2013 to create the Route 9 Sanitary Sewer District Extension#1 cannot be reviewed for approval by the Town, including a SEQR review, until Royal Hospitality, LLC applies for and receives a "Use and Occupancy Permit" from the NY State D.O.T. Respectfully yours, cc: Ms. Caroline Barber, Town Clerk Mr. Chris Harrington, Town Eng/Dir. John Salvador, Jr. 5.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV)- • We had our first of four meetings on Thursday, March 20th at West Glens Falls Firehouse. I was a little discouraged by the turnout of the residents in Ward 4 itself, but we did have, overall, I thought a pretty decent turnout. It was a great meeting for the people to come up and express their concerns and opinions. We really didn't give any feedback whatsoever. We let them express their concerns to us. Like I said, this is one of four meetings. We're going to take back what we got from that meeting and include it in the next three meetings to see where we want to go, if anywhere, or what we want to do if anything. The next meeting is going to be March 27th at 7:00 pm, it's going to be "Complete Streets Workshop" sponsored by the Glens Falls Hospital and State Department of Health, working on an initiative to increase access and mobility for pedestrians and bicyclists throughout Warren and Washington Counties. It will be a great meeting. Then on April 16th and 17th of April will be our smart growth meetings. The meeting on the 16t"will be held at West Glens Falls fire house at 7:00 pm. The meeting on the 17th is by invitation only. Presentations will be made and comments will be taken. The Town placed ads in both the Chronicle and Post Star to notify residents of the meeting. Thank you to West Glens Falls Firehouse for allowing us to hold these meetings there. • West Glens Falls Fire Department will host the Hudson Valley Volunteer Firemen's Association Event this year. I wasn't on the board last year, but I did hear the concerns of some of the residents in that area last year. Hopefully they have addressed that. The intent is not to use the side streets this year, but to use the entire length of Luzerne Road. So they don't intend to be down on the side streets. They are also going to add increased port-a johns to help with any problems there. They have also increased the patrols on ATV's to assist. The Mardi Gras parade will be held on June 20th and on June 21St will be the dress parade. The dress parade will be from four and a half to five and a half hours long, depending on how many units will be participating. Any questions or concernes should be addressed with Chris Kilmartin at West Glens Falls Firehouse. Chris is the chairman of this event and will be able to answer any questions. COUNCILMAN IRISH (WARD III)- Thanked the South Queensbury Fire Department for their invite to their annual banquet last weekend. It was a very good event; they memorialized a couple of their fireman, long standing members, who have passed away over the course of 2013. This led to a discussion about assigning some room in the atrium in the town hall for a plague from each of the EMS and fire services for dedication and memorializing their members. COUNCILMAN CLEMENTS (WARD II)- • Thanked Bay Ridge Rescue Squad for the invitation to their annual banquet. It was very nice and appreciated. • The meeting on Main Street last week was pretty well attended, although it would have been better if there were more residents from the area there. Hoping to see more residents at the next meeting. COUNCILMAN METIVIER(WARD I)-Nothing to report. REGULAR TOWN BOARD MEETING 03-24-2014 MTG#12 20 SUPERVISOR STROUGH- • Reviewed the Animal Control Officer's monthly report for February. So far this year there have been 147 occurrences ranging from animal bites to missing dogs, etc. Jim Fitzgerald's job involves a lot more than just responding to animal calls; he goes into the schools to educate students with his dog Mya as well. Some of the children from Queensbury Elementary School wrote thank you notes to show their appreciation for his visit. Also, Jim recently attended the Girl Scout Troop #3392 meeting to share about his career as an Animal Control Officer. A thank you note was received from the cadet troop stating they enjoyed learning about his adventures and how dedicated he is to helping animals. • There is going to be a conservation celebration at Hovey Pond Park on Saturday, April 26, 2014 from 9AM— IPM. This event will have information and displays from the supporting partners and will include the EM river model, which talks about erosion and teaches children about erosion, water movement and so forth. They are going to talk about soil health, and tree seedling will be handed out to the first 100 visitors. There will be a lot of information, including green infrastructure ideas for your home along with ways to reduce storm water impacts, etc. • Read a letter he received from Cemetery Superintendent, Connie Goedert, regarding a recent visit from the New York State Division of Cemeteries, Leonard Bream, he conducted a surprise inspection of Pine View's Crematorium on March 5th, 2014. She was pleased to report that due to Chris Senate's attentiveness to details they received no negative findings. • We are still looking for volunteers for the ethics board. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING QUEENSBURY TOWN BOARD MEETING RESOLUTION NO.: 116, 2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 24th day of March, 2014, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury