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2014-08-18 - Mtg 32 REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 231 REGULAR TOWN BOARD MEETING MTG#32 AUGUST 18, 2014 RES#290-313 7:00 P.M. LL 3-4 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH BOARD MEMBERS ABSENT COUNCILMAN WILLIAM VANNESS TOWN OFFICALS SUPERINTENDENT OF WATER& SEWER, CHRIS HARRINGTON SUPERINTENDENT HIGHWAY, TOM VANNESS PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER 1.0 PUBLIC HEARINGS PUBLIC HEARING QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 PUBLICATION DATE: AUGUST 8TH, 2014 PUBLIC HEARING OPENED SUPERVISOR STROUGH-Is there anyone that would like to speak to the proposed Benefit Tax Roll for the Queensbury Consolidated Sewer District? JOHN SALVADOR, QUEENSBURY-You may recall a couple of months ago, I brought up the subject of the approval of a bond issue that the previous board had approved for doing a force main bypass system consisting of multiple bypass connections installed approximately every eight hundred (800) feet. This is on the force main, piping to bypass Meadowbrook Pump Station and Odor Control System and twenty-one (21) replacement grinder pumps serving homes that cannot be served by gravity sewers that were all approved. The Town Board at that time authorized the issuance of about a million dollars in bonds to cover this. I don't know that the bonds have ever been issued, sold? I don't know if that, if the work has ever commenced? I am wondering when we are going to undertake it? If this is not in a bond, I kind of question the fact that it was a bondable kind of work. It was maintenance work that we were talking about, it shouldn't be bonded. In any case, I haven't been able to find out that the bonds have been sold. I haven't been able to find out that the work has commenced. It was planned. I am wondering, where is the money? Is it in these figures before you in the Benefit Tax Roll? SUPERVISOR STROUGH- Our Water and Sewer Superintendent is available and I will have him address that when you are done John. MR. SALVADOR-I would like to hear that and I would like to comment on it, if I could on the remarks? SUPERVISOR STROUGH-Yes, okay. Is there anyone that would like to speak to this before I have Superintendent Harrington come down? Chris would you please? WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-Good evening gentlemen. Mr. Salvador is correct; we got permission to do a sewer bypass job last year. We were approved to have a bond, 1.012 million dollars, that project will be bid this Friday. What we are going to do is get a bond anticipation note. According to Barbara Tierney, we believe the interest the first year is going to be about forty thousand dollars ($40,000.00). That is going to REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 232 be split between Route 9 and Queensbury Consolidated. Route 9 mostly uses that force main, it goes to the City of Glens Falls and we are going to split it along units, how many units Route 9 has and how many units Queensbury Consolidated has. I believe thirty thousand dollars ($30,000.00) of interest is going to be Queensbury Consolidated, which come to about a $6.85 per unit and the rest is going to be Route 9. That job will be bid this Friday. We will see where the bids come in. If it is within the bond limits, we will go through our due diligence and make sure the lowest responsible bid will be rewarded. Then we will come back to the board, it will be your job to award the bid if you so desire. SUPERVISOR STROUGH-This is for a bypass system, at least in part it is for a bypass system. If the Meadowbrook Station does break down again we won't have the same potential problems we had last time, this will relieve that. WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-That is correct. We have had two (2) problems there. The last problem was a severe problem where we spent four hundred thousand dollars ($400,000.00)to replace a thousand (1,000) linear feet of sewer main. My plan is to avoid this again and also in the future. It is a ductile iron pipe, it is not HDPE, which pretty much lasts in perpetuity. It also gives an opportunity down the road to replace sections at a time. Sanitary sewers, you have manholes which you can block off and bypass, they are pretty easy to work with. A force main is not. What I wanted to do from an Engineer standpoint is to have some redundancy so that we would not be stuck with a thousand (1,000) linear foot of build. There are also some other things we need, some odor control at Meadowbrook Pump Station, that is a little stinky. We also need some bypass ability at Meadowbrook Pump Station to bring it up to Ten State Standards. Hiland Park also doesn't have any bypass ability so we are doing some things again from an Engineer's standpoint where I can react to an emergency without having to deal with things on an emergency basis, which costs, I think as we know much greater than try to react to them in a proactive way. I think that it is a really good job that we need to do, we are not Little Sisters of the Poor anymore, we need to do these I believe, but that will be your decision in September to see what you want to do with the job. COUNCILMAN IRISH-Is that the bond that Barb was talking about with the Auditors here the other day that we are anticipating? SUPERVISOR STROUGH-It probably was. WATER, WASTEWATER SUPERINTENDENT, MR. HARRINGTON-It is the bond anticipation note. SUPERVISOR STROUGH-This is the only bond that is floating around. Thank you, Chris. John? MR. SALVADOR-Last year when this came about I visited the Comptroller's Office. I requested that I look into this because I don't think basically this is maintenance work. Maintenance work should be handled by charging the district, you raise the rate on the district. SUPERVISOR STROUGH-That is what is being done here, the two districts are paying for this. MR. SALVADOR-What you are doing is you are incurring debt and you are not allowed to incur debt without voter approval period, that is the Local Finance Law. You are incurring debt without voter approval. Remember when we had the visit here from Mr. Grisler, the City DPW Superintendent, he talked about the City's plan to install separate sewers on Ridge Street. That was in the planning stage, I don't know where it is now. It occurred to me that if that is what they are doing, we should direct our Meadowbrook Pump Station discharge. We should direct our Meadowbrook Pump Station discharge to Ridge Street where it would go into a separate sewer on its way to the Sewage Treatment Plant and we would not be participating in pollution of the Hudson River that happens in a storm event right now. In the process you would abandon this force main you are having so much trouble with. Why put a million dollars into this force main when you could put the million dollars into upgrading that Ridge Street or putting in your portion to get to Ridge Street and you solve many problems. REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 233 COUNCILMAN IRISH-You are assuming that you wouldn't have to use a force main to get to Ridge Street. MR. SALVADOR-Put in a new one down Meadowbrook. Straight shot, easy dig and it is not very long, three- eighths (3/8) of a mile. This line we have now, it snakes in and out, around, up and down. My God, it is a wonder we haven't had more problems with it. In any case, I really think you should take a look at this whole thing and we should meet with the City. You remember Mr. Grisler said when he was here; his closing remark was the Mayor told me to tell you, we are opened for business. They want wastewater but they cannot take it with the condition of that plant right now. What they need is, they need always to have an excuse to upgrade that plant; you don't need to upgrade it if you take care of the flows. If our flow was to go directly to that plant it would never have to be bypassed in a storm event, take care of it. I am telling you someday you are going to have to answer for this pollution of the Hudson River. We just keep approving and approving subdivisions, more and more wastewater going to a plant that is not sized to take it. We do these SEQRA reviews, we do a SEQRA review on something called a sewer system, the system includes the plant. The system is not just a pipe line running by a lot, it includes the Sewage Treatment Plant and the plant does not have sufficient capacity during peak flows. We could solve this problem by just a little bit of shifting. COUNCILMAN IRISH-I would disagree with you a little bit John. I think the problem is not the plant. I think the problem is that they have storm water running into their sewers and that is causing a flow issue. I think the plant is designed for the flow that they have, they are just putting too much storm water into their system. I don't know how that is our problem in Queensbury to put a million dollars into the ground so they don't have that problem. MR. SALVADOR-Because currently our force main is discharging into a combined sewer that is on Sanford Street. SUPERVISOR STROUGH-In some cases it is. But we have been through this before, but you are going to bring it up I guess forever. MR. SALVADOR-Yes. SUPERVISOR STROUGH-We had the city come in and they are under DEC orders to remedy the problem. They do have a remedy plan. MR. SALVADOR-Yes. SUPERVISOR STROUGH-It will go along as it is supposed to. COUNCILMAN CLEMENTS-They are continuing to work on it I think. MR. SALVADOR-The remedy includes expanding that plant. You heard the presentation, up to nineteen million (19,000,000) gallons a day. Why? Why? It can process eight and a half million (8,500,000) gallons now, plenty big enough. SUPERVISOR STROUGH-In addition to that John, I think I've shared this with you before, there is a study being done, a Regional Sewer Study being done looking at a twenty-five year build out for each of the communities and what will be the wastewater treatment needs that is going to be assessed. We are going to take a look at what we have now, then we will start working towards meeting our needs as soon as that study is done. MR. SALVADOR-Since 1984 this Town was supposed to have separate sewer, new sewer lines to the Sewage Treatment Plant, since 1984, before the Quaker Road Sewer District was built. It is in the EPA, EIS, we just don't pay any attention to it. Here is a golden opportunity down Ridge Street to conform to the law. We could use this million dollars you are going to blow on these bypasses on a line that could be eventually abandoned. I am going to take this up with the city. SUPERVISOR STROUGH-Okay John, thank you. Is there anybody else that would like to speak to the Queensbury Consolidated Sanitary Sewer Benefit Tax Roll for 2015 that is being REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 234 presented at tonight's meeting? Hearing no others, any Town Board thoughts or concerns? I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 290,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2015 assessing the expense of district improvements of general sanitary sewers located in the Queensbury Consolidated Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and WHEREAS, the Town Board duly conducted a public hearing on Monday, August 18t1i 2014 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2015 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 18th day of August, 2014 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT: Mr. VanNess PUBLIC HEARING ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 PUBLICATION DATE: AUGUST 8TH, 2014 PUBLIC HEARING OPENED REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 235 SUPERVISOR STROUGH-Is there anybody that would like to speak to the Route 9 Sanitary Sewer Benefit Tax Roll for 2015? Yes, John. MR. SALVADOR-Has the issue with George Stark's Motel, has that issue been settled with respect to the fact that we have a private sewer line running in a DOT right-a-way? SUPERVISOR STROUGH-No. Everything I know, when he did that he got all the permission and everything else that he needed. MR. SALVADOR-He says that. He should have not gotten permission to do that unless he had what the DOT calls a Use and Occupancy Permit. DOT doesn't give easements to invade their right-a-way. They give you a Use and Occupancy Permit which costs money. A Use and Occupancy Permit is accompanied by insurance and he doesn't have that. Your resolution approving the tie-ins in that area is predicated on the fact that you get an easement from Mr. Stark for that line and he can't give you an easement because he doesn't have one, you can't give what you don't have. That hasn't been settled? SUPERVISOR STROUGH-John, this is the Benefit Tax Roll for the Route 9 Sewer District and as far as I know everything was done in a legal manner for that extension. MR. SALVADOR-You will find out that the DOT doesn't agree with this, okay? SUPERVISOR STROUGH-I have not heard that until you shared it with us this evening. I would think I would have heard of it previously. MR. SALVADOR-I have brought it up in the past. SUPERVISOR STROUGH-Thank you, John. Anybody else from the public like to speak to Route 9 Sanitary Sewer District Benefit Tax Roll for 2015? Any Town Board questions or concerns? PUBLIC HEARING CLOSED RESOLUTION ADOPTING ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 291, 2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the Route 9 Sanitary Sewer District Benefit Tax Roll for 2015 assessing the expense of district improvements of general sanitary sewers located in the Route 9 Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and WHEREAS, the Town Board duly conducted a public hearing on Monday, August 18th 2014 and heard all interested persons, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 236 RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Route 9 Sanitary Sewer District Benefit Tax Roll for 2015 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 18th day of August, 2014 by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier NOES None ABSENT:Mr. VanNess PUBLIC HEARING SOUTH QUEENSBURY— QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL 2015 PUBLICATION DATE: AUGUST 8TH, 2015 PUBLIC HEARING OPENED SUPERVISOR STROUGH-The public hearing is opened. Is there anybody that would like to speak to South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2015? Seeing none, any questions or concerns on behalf of the board? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ADOPTING SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 292,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2015 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury— Queensbury Avenue Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and WHEREAS, the Town Board duly conducted a public hearing on Monday, August 18t1i 2014 and heard all interested persons, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 237 RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2015 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 18th day of August, 2014 by the following vote: AYES Mr. Irish, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. VanNess PUBLIC HEARING WEST QUEENSBURY SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 PUBLICATION DATE: AUGUST 8TH, 2014 PUBLIC HEARING OPENED SUPERVISOR STROUGH-Public hearing is opened on the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2015. Any member of the public wish to speak to this, seeing none no Town Board concerns. NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION ADOPTING WEST QUEENSBURY SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 293,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2015 assessing the expense of district improvements of general sanitary sewers located in the West Queensbury Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 238 WHEREAS, the Town Board duly conducted a public hearing on Monday, August 18t1i 2014 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the West Queensbury Sanitary Sewer District Benefit Tax Roll for 2015 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 18th day of August, 2014 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: Mr. VanNess PUBLIC HEARING ON PROPOSED LOCAL LAW OF 2014 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO PROVIDE FOR IMPOSITION OF SEWER RENTS ON OCCUPIED RESIDENTIAL PROPERTIES WITHIN TOWN SEWER DISTRICTS NOT SERVED BY MUNICPAL WATER SUPPLY PUBLICATION DATE: AUGUST 8,2014 PUBLIC HEARING OPENED SUPERVISOR STROUGH-This is the case where there was one known occupant, someone who is both a consumer of Town water and within a sewer district, but they changed from Town water and they have their own well. We base our sewer rents based on water usage and someone with a well, we cannot calibrate that usage. This is setting a standard at four hundred and forty dollars ($440.00) per year for each residential unit in that particular situation or one hundred and ten dollars ($110.00) per quarter. MR. SALVADOR-Why can't we put a water meter in the system? Everybody else got one, they got a water supply. SUPERVISOR STROUGH-They are not using Town water. I don't know if legally we are even allowed to do that, meter somebody's well water. MR. SALVADOR-You are obligated to measure the flow of the water, how many gallons they use. COUNCILMAN METIVIER-Why would you care if they are on a well, how much water they use? MR. SALVADOR-Because you are billing the sewer tax based on this. REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 239 SUPERVISOR STORUGH-Then we went through and what is the average house, and the average houses are pretty close to average we are charging.... MR. SALVADOR-It is not average and you can put a water meter in, it is very simple. You measure their water like you measure everyone else in Town. You have all these exceptions, they are hard to keep track of, no one knows what is going on. COUNCILMAN IRISH-I don't know that it is actually regulated. That's why John, I think that is the methodology we used to come up with those figures. I don't know that there is any regulation that required a water meter for us to do that. Maybe Chris can tell us that. I think it is the methodology we use based on the fact that we know how much water is going in and we can make some assumptions from that. I don't know that there are any legal grounds for us to put a meter on somebody's well, even if they are part of the sewer district. MR. SALVADOR-Look you have a system of measuring everyones water consumption. Then over here you have this one exception that is hard to administer, save water meters that fall into line with everyone else. SUPERVISOR STROUGH-They weren't paying anything before for sewer use, now they are going to be paying their fair share. MR. SALVADOR-You don't know that, you are estimating it. COUNCILMAN METIVIER-Typically on a well, you are going to use less water. SUPERVISOR STROUGH-It is what everybody else pays. MR. SALVADOR-Fine, they will get credit for that on the meter like everybody else. SUPERVISOR STROUGH-Anybody else like to speak to this public hearing, Establishing Sewer Rents To Provide For The Imposition Of Sewer On Occupied Residential Property Within The Town Sewer Districts Not Served By Municipal Water Supply Or Not Being Used By Municipal Water Supply? COUNCILMAN IRISH-How long were they on the septic that they weren't metered? SUPERVISOR STROUGH-Chris, would you please come forward? WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-This one property in question was hooked up, our records show 1989. They decided to discontinue use from the water system in 1991. We went back in 1995 and confirmed they still didn't have water service from us. COUNCILMAN IRISH-Fifteen (15) years? WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-Twenty-five (25) years. Unlike sewer where you are required to hook up to sewer, the water district you don't have to be hooked up to our water, you can have your own well. I think there are ninety-four (94) people, in our last count they have their own water. COUNCILMAN IRISH-Is there any way for us to recover any of the... WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-That is a legal question. I don't think so. COUNCILMAN CLEMENTS-Are the residents also aware of this? WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-I hand delivered it to that resident so they are aware of the public hearing. REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 240 COUNCILMAN IRISH- I would like to have Mark look into that because I can understand if we can't go back past the Statute of Limitations for collecting some of that, I got to believe they are on the hook for some of that. WATER, WASTEWATER SUPERINTENDENT, HARRINGTON-If I may, that person who owns that property now, they were not the ones who did this so they are probably unaware of it. It is not the same people who did it in 1991, it changed hands in 2008. SUPERVISOR STROUGH-Mark will be here later. COUNCILMAN IRISH-Okay. SUPERVISOR STROUGH-Any other questions for Chris? Thank you, Chris. COUNCILMAN IRISH-Do we need to act on this tonight John before we talk to Mark? SUPERVISOR STROUGH-No we don't have to act on this tonight, there is no compelling reason. COUNCILMAN IRISH-I would like to talk to Mark. I understand they are not the original owners, but they still are culpable. SUPERVISOR STROUGH-I don't know if this resolution prohibits from going after... COUNCILMAN IRISH-This is just establishing the new rents, okay, alright. SUPERVISOR STROUGH-If that is possible then I think we can still do that. Are you okay with that? Okay, everyone? TOWN BOARD-Yes. SUPERVISOR STROUGH-Any other member of the public wish to speak to this? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING PROPOSED LOCAL LAW NO. 3, OF 2014 TO AMEND QUEENSBURY TOWN CODE CHAPTER 136, ARTICLE XXIV ENTITLED "ESTABLISHMENT OF SEWER RENTS" TO PROVIDE FOR IMPOSITION OF SEWER RENTS ON OCCUPIED RESIDENTIAL PROPERTIES WITHIN TOWN SEWER DISTRICTS NOT SERVED BY MUNICIPAL WATER SUPPLY RESOLUTION NO.: 294,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3, of 2014 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," by adding a new §136-137.2 entitled "Properties not served by municipal water supply" which Local Law would provide for the imposition of sewer rents on occupied residential properties in all sewer districts which are not served by the municipal water supply and therefore do REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 241 not have water meter readings on which to base sewer rents, with the new rates to be applied commencing with the fourth quarterly bill of 2014, and WHEREAS, this legislation is authorized in accordance with New York State General Municipal Law Article 14-F and New York Municipal Home Rule Law, and WHEREAS, the Town Board duly held a public hearing on Monday, August 18th 2014 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3, of 2014 to amend Queensbury Town Code Chapter 136, Article XXIV entitled "Establishment of Sewer Rents," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: Mr. VanNess LOCAL LAW NO.: 3, OF 2014 A LOCAL LAW AMENDING QUEENSBURY TOWN CODE PROVISIONS RELATING TO SEWER RENTS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. 1. PURPOSE AND AUTHORITY. The purpose of this Local Law is to provide for imposition of sewer rents on properties which are not served by municipal water supply and, therefore, do not have water meter readings which are the basis for calculation of sewer rents. The Town Board has determined that the rate hereof is equitable. It is adopted pursuant to New York General Municipal Law Article 14-F and New York Municipal Home Rule Law. 2. AMENDMENT. Article XXIV of Chapter 136 of the Queensbury Town Code, entitled "Establishment of Sewer Rents", is hereby amended by adding the following new Section 136-137.2: Section 136-137.2 Properties not served by municipal ivnter supply REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 242 In all server districts,for all occupied residential properties which are not served by the municipal ivater supply and, therefore, do not hai,e ivater meter readings on which to base server rents, charges pursuant to §136-135 hereof shall be $440 per year for each residential unit, billed on a quarterly basis at the rate of $110 per quarter. For purposes of this Section, a residential unit is defined as a single unit proi,iding complete, independent liming facilities for one or more persons, including permanent proi,isions for liming, sleeping, eating, cooking and sanitation. 3. SEVERABILITY. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. 4. REPEALER. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local law are hereby repealed. 5. EFFECTIVE DATE. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. PUBLIC HEARING ON LOCAL LAW OF 2014 TO AMEND QUEENSBURY TOWN CODE CHAPER 61 ENTITLED `BURNING, OUTDOOR" PUBLICATION DATE: AUGUST 8, 2014 PUBLIC HEARING OPENED SUPERVISOR STROUGH-This is a public hearing that we are changing the wording a little bit on our Town Code Chapter 61, which deals with burning outdoors. It currently reads: Burning of garbage, rubbish, and or brush. To clarify that no person shall burn, cause to be burned or permit to be burned in the Town of Queensbury any garbage, rubbish, by open fire on the ground or in trash burners or barrels or in pits. We want to add the words brush, construction material and/or treated lumber to this list of prohibition. We did meet with Mike Palmer who wished to address this problem with the Town Code. I think the Town Board's concerns were answered at the Workshop last Wednesday. This is a public hearing so are there any members of the public that would like to speak to this proposed change in the Town Code? GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-Is that for a fireplace? SUPERVISOR STROUGH-No. MR. WINTERS-Here is my question to you, if I throw together eight (8), ten (10) blocks, pour a slab of cement, I can burn on that? SUPERVISOR STROUGH-As long as you keep it within a three (3) by three (3) diameters. MR. WINTERS-Then I can burn the brush and stuff? SUPERVISOR STROUGH-No. We don't want you burning brush or leaves. You can have a campfire, you can sit around it, you can have a couple beers, enjoy the fire as long as you have the protective devices around there. Like a fire extinguisher, a bucket of water, we expect the safety features to be present too. We don't prohibit that. What we don't want is the backyard brush burning where you put it all in one pile and then you burn it to get rid of it. We do have the brush and leave pickup so we rather not have those kinds of fires because they can run uncontrolled. They produce a lot of smoke and it impacts your neighbors and so forth. It does not prohibit the little campfire in the backyard. REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 243 MR. WINTERS-Like you would at Fourth Lake. Thank you. SUPERVISOR STROUGH-Anybody else like to speak to this? I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 4, OF 2014 TO AMEND QUEENSBURY TOWN CODE CHAPTER 61 ENTITLED, "BURNING, OUTDOOR" RESOLUTION NO.: 2959 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law to amend Town Code Chapter 61 entitled, 'Burning, Outdoor," Section 61-3 entitled, "Burning of garbage, rubbish and/or brush" to clarify that no person shall burn, cause to be burned or permit to be burned in the Town of Queensbury any garbage, rubbish, brush, construction materials and/or treated lumber by open fire on the ground or in trash burners or barrels or in pits, and WHEREAS, such legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and New York State Town Law Article 16, and WHEREAS, the Town Board duly held a public hearing on Monday, August 18th 2014 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 4, of 2014 to amend Queensbury Town Code Chapter 61, entitled, 'Burning, Outdoor," as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT: Mr. VanNess REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 244 TOWN OF QUEENSBURY LOCAL LAW NO.: 4, OF 2014 A LOCAL LAW TO AMEND CHAPTER 61 OF QUEENSBURY TOWN CODE ENTITLED, "BURNING, OUTDOORS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 61 entitled, "Burning, Outdoors," §61-3, "Burning of garbage, rubbish and/or brush," Subsection A is hereby amended as follows: § 61-3. Burning of garbage, rubbish, brush, construction materials and/or treated lumber. A. No person shall burn, cause to be burned or permit to be burned in the Town of Queensbury any garbage, and/e rubbish, brush, construction materials andlor treated lumber by open fire on the ground or in trash burners or barrels or in pits. Trash burners or barrels or pits are prohibited on any lands within the Town of Queensbury. Garbage shall be disposed of in the Town of Queensbury by depositing it at an authorized solid waste management facility. SECTION 2. Severability. If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction, such declaration shall not affect or impair in any way any other provision and all other provisions shall remain in full force and effect. SECTION 3. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided by Municipal Home Rule Law §27. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT 3 MINUTES) GEORGE WINTERS-Referred to the following resolutions and questioned the need for them. Resolution Authorizing Purchase of 2014 Caterpillar Wheel Loader for Use by Town Highway Department, Resolution Authorizing Purchase of 2015 Western Star 4700 Set-Forward Front Axle Cab-Chassis for Use by Town Highway Department and Resolution Authorizing Bids for Purchase of 2014 or Newer 350-1 Ton Dump Truck for Town Cemetery Department. SUPERVISOR STROUGH-Explained that the Town has been tight for years with vehicle purchases and the vehicles are in need of replacement. JOHN SALVADOR-Questioned why there is not a resolution on the Agenda regarding Town Highway Department Vehicle Use by Working Road Supervisors that was spoken about at the Workshop Meeting. SUPERVISOR STROUGH-It is not on the Agenda, it is not a resolution for consideration tonight. We are working on trying to resolve the issues that we have with this before we come to a resolution, or if we come to a resolution. 3.0 RESOLUTIONS REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 245 RESOLUTION AMENDING RESOLUTION NO.: 156, 2014 REGARDING TITLE AND PROMOTION OF SUSAN SHEERAN RESOLUTION NO.: 296,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 156, 2014 the Queensbury Town Board authorized the promotion of Susan Sheehan from Water Plant Operator II to"Laboratory Operator," and WHEREAS, Warren County Civil Service has advised that the title should read as "Water Treatment Plant Laboratory Operator" rather than "Laboratory Operator," and therefore the Town Board wishes to amend Resolution No.: 156,2014 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 156,2014 such that Susan Sheehan's title shall read "Water Treatment Plant Laboratory Operator" rather than "Laboratory Operator," and BE IT FURTHER RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 156,2014 in all other respects. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING EXTENSION OF EMPLOYMENT TERM OF GREGORY MOON AS SEASONAL LABORER IN TOWN WATER DEPARTMENT RESOLUTION NO.: 297, 2014 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 162,2014, the Queensbury Town Board authorized the hiring of Gregory Moon to work as a Seasonal Laborer to work during the summer for the Town Water Department commencing on or about May 121h, 2014 and ending on or about August 31St 2014, and REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 246 WHEREAS, due to another employee's continued absence as a result of a medical issue, the Water Superintendent has requested that the Town Board authorize an extension of Mr. Moon's term of employment so that Mr. Moon may work up to a six (6) month term or until on or about November 1211i 2014, and WHEREAS, funds for such an extension are available in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an extension of the terms of employment for Gregory Moon as a Seasonal Laborer to work for the Town Water Department for up to a six (6) month term or until on or about November 12u' 2014 at the same terms as set forth in Resolution No.: 162,2014, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, and/or Town Budget Officer to complete any forms and take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Irish, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING CONSENT TO WARREN COUNTY BEING DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF WARREN COUNTY SNOWMOBILE TRAIL SYSTEM RESOLUTION NO.: 298,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), Warren County has notified the Queensbury Town Board that Warren County is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to the Warren County Snowmobile Trail System — South Warren Snowmobile Club in the Towns of Lake Luzerne, Queensbury, Lake George and Warrensburg, Warren County, regarding the proposed addition of local snowmobile trails and reroutes obtained by new GPS data provided by the South Warren Snowmobile Club to the Warren County Snowmobile Trail System in order to be eligible for funding in the New York State Office of Parks, Recreation and Historic Preservation Snowmobile Trails Grant-in-Aid Program (Project), as set forth in Warren County's August 1, 2014 letter to Supervisor Strough presented at this meeting, and REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 247 WHEREAS, Warren County has requested that the Town Board consent to Warren County being designated as Lead Agency and the Town Board has concluded that Warren County is the most involved agency and should be Lead Agency for the purposes of State Environmental Quality Review Act (SEQRA)review relating to the Project, and WHEREAS, the Town Board wishes to therefore provide such consent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to Warren County acting as Lead Agency for SEQRA review relative to the Warren County Snowmobile Trail System — South Warren Snowmobile Club in the Towns of Lake Luzerne, Queensbury, Lake George and Warrensburg, Warren County (Project), as set forth in the preambles of this Resolution, and authorizes and directs the Town Supervisor to execute such consent and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clememts, Mr. Irish NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING PURCHASE OF 2014 CATERPILLARWHEEL LOADER FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 299,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a 2014 Caterpillar 938K Wheel Loader with options, and trade-in the Department's 1998 Hyundai HL760 (Town Asset No.: 3624), and WHEREAS, there are sufficient funds in the Town Budget for such proposed purchase, and WHEREAS, New York State Bidding is not required as the purchase is under New York State Contract No.: 40603, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's purchase of a 2014 Caterpillar 938K Wheel Loader with options for the amount of $125,522 ($142,522 purchase price, minus $17,500 for the Town's trade-in of 1998 Hyundai REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 248 HL760) from Milton CAT in accordance with New York State Contract # 40603 to be paid from Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be by transfer of$125,522 from the Town's Capital Reserve Fund #64 to Heavy Equipment Account No.: 04-5130-2040 and the Town Budget Officer shall amend the 2014 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING PURCHASE OF 2015 WESTERN STAR 4700 SET-FORWARD FRONT AXLE CAB-CHASSIS AND RELATED PLOW EQUIPMENT FOR USE BY TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 300,2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a 2015 Western Star 4700 Set-Forward Front Axle Cab — Chassis and related plow equipment, and WHEREAS, there are sufficient funds in the Town Budget for such proposed purchase, and REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 249 WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County Bid and therefore, the Town of Queensbury is"piggybacking" with Oneida County for the Cab-Chassis in this instance, 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 approves of the Town Highway Superintendent's purchase of a 2015 Western Star 4700 Set-Forward Front Axle Cab — Chassis for the amount of$109,988 from New York Truck Equipment and the related plow equipment from Tenco Industries, Inc., for the amount of$85,955 to be paid from Heavy Equipment Account No.: 04-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchases shall be by transfer of$195,943 from the Town's Capital Reserve Fund #64 to Heavy Equipment Account No.: 04-5130-2040 and the Town Budget Officer shall amend the 2014 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE OR SURPLUS COMPUTERS AND COMPUTER EQUIPMENT RESOLUTION NO.: 301,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 250 SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer and the Town's computer consultant Stored Tech recently performed a thorough review of the Town's computers and computer equipment, and WHEREAS, as part of that review, they determined that there were many items that were surplus, obsolete and/or of no value that needed to be properly disposed, and WHEREAS, as part of that review, they determined that the following is the list of surplus computers and computer equipment: ATEN Switch Masterview Linksys switch Linksys switch Server rack Masterview max Netgear wireless adapter N300 GTX 460 videocard Dell Poweredge 2500 Dell Powerconnect RPS 600 with cables Linksys switch 1BuyPower laptop 20" Apple monitor Cortelco beige push button phone (new in box) Z-boost wireless antenna Turbo Dymo 330 labelmaker Acer Aspire 1 mini laptop Galaxy Gear watch (new in box) Apple Timecapsule A1302 w. black power supply Iomega 31735 hard drive Dell Dockingstation and 20" monitor 2- linksys routers Canon Imageformula ScanFront 220 scanner (3pc) 6 bay custom server shell Belkin KVM switch (nib) Kyocera wireless router Dell Powerconnect 5324 switch Sonicwall 2200 Belkin Gaming KVM HP Scanjet G4010 Dell 20" monitor Logear KVM Galaxy Tablet 4 - Vostro 200 Core 2 Duo Desktop computer shell 4 Motorola walkie-talkies w. 2 chargers NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the disposal by sale or e-cycling of the surplus computers and/or computer equipment that are not needed by the Town or obsolete as follows: REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 251 ATEN Switch Masterview Linksys switch Linksys switch Server rack Masterview max Netgear wireless adapter N300 GTX 460 videocard Dell Poweredge 2500 Dell Powerconnect RPS 600 with cables Linksys switch 1BuyPower laptop 20" Apple monitor Cortelco beige push button phone (new in box) Z-boost wireless antenna Turbo Dymo 330 labelmaker Acer Aspire 1 mini laptop Galaxy Gear watch (new in box) Apple Timecapsule A1302 w. black power supply Iomega 31735 hard drive Dell Dockingstation and 20" monitor 2- linksys routers Canon Imageformula ScanFront 220 scanner (3pc) 6 bay custom server shell Belkin KVM switch (nib) Kyocera wireless router Dell Powerconnect 5324 switch Sonicwall 2200 Belkin Gaming KVM HP Scanjet G4010 Dell 20" monitor Logear KVM Galaxy Tablet 4 - Vostro 200 Core 2 Duo Desktop computer shell 4 Motorola walkie-talkies w. 2 chargers and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus computers and/or computer equipment, 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 Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 252 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Town Purchasing Agent to arrange for the proper disposal of all obsolete computers and/or computer equipment that were determined to have no value, including those such items that are shown to have no value by not being able to sell them through the auction company GovDeals, 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. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF 2014 OR NEWER 350 1-TON DUMP TRUCK FOR TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 302,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Cemetery Superintendent wishes to advertise for bids for the purchase of a 2014 or newer replacement 350 1-Ton Dump Truck due to a loss of a dump truck in the Cemetery Department, as will be set forth in bid specifications to be prepared by the Cemetery Superintendent and/or Purchasing Agent, and 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 in the official newspaper for the Town of Queensbury, for the purchase of a 2014 or newer 350 1-Ton Dump Truck for the Cemetery Department, and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 253 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 18th day of August, 2014, by the following vote: AYES Mr. Irish, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING REQUEST FOR QUOTES REGARDING THE SALE AND REMOVAL OF WOOD FOR TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 303,2014 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Cemetery Superintendent wishes to arrange for the sale and removal of certain wood that has been cut down in an area located between the Pine View Cemetery and the Regan Denny Stafford Funeral Home as will be set forth in a Request for Quotes to be prepared by the Cemetery Superintendent and/or Town Purchasing Agent, and WHEREAS, the Town Board wishes to authorize such Request for Quotes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Cemetery Superintendent and/or Town Purchasing Agent to prepare and issue a Request for Quotes for the sale and removal of wood located in an area between the Pine View Cemetery and the Regan Denny Stafford Funeral Home, and BE IT FURTHER, RESOLVED, that once the quotes are received and reviewed by the Town Cemetery Superintendent and/or Purchasing Agent, the Town Board authorizes and directs the Town Supervisor to enter into and execute any necessary Agreement for the sale and removal of such wood with the entity submitting the highest quote for payment of such sale and removal, and BE IT FURTHER RESOLVED, that any funds obtained from the sale and removal of such wood shall be deposited in the appropriate Town Account(s), and BE IT FURTHER, REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 254 RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Purchasing Agent, Cemetery Superintendent, and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TREE REMOVAL WORK AT PINE VIEW CEMETERY RESOLUTION NO.: 304,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Cemetery Superintendent wishes to advertise for bids for certain tree removal work in the Pine View Cemetery as will be set forth in bid specifications to be prepared by the Cemetery Superintendent and/or Purchasing Agent, and 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 in the official newspaper for the Town of Queensbury, for certain tree removal work in the Pine View Cemetery, 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 18th day of August, 2014, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: Mr. VanNess RESOLUTION TO AMEND 2014 BUDGET RESOLUTION NO.: 305,2014 REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 255 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish 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 $ Vehicle Vehicle 001-3620-4110 Maintenance 001-3410-4110 Maintenance 600 Operation and 040-8320-4300 Electricity 040-8340-4340 Maint 7,000 040-8320-4300 Electricity 040-9040-8040 Workers' Comp 9,250 040-8320-4300 Electricity 040-8320-4400 Misc. Contractual 20,000 040-8320-4300 Electricity 040-8340-2300 Meters 10,000 Duly adopted 18th day of August, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT : Mr. VanNess RESOLUTION URGING TIME WARNER CABLE AND POTENTIAL NEW CABLE OPERATOR COMCAST TO INCLUDE MOUNTAIN LAKE PBS AS PART OF FUTURE COVERAGE FOR WARREN AND WASHINGTON COUNTIES AS WAS ESTABLISHED BY THE UNIVERSITY OF THE STATE OF NEW YORK PROVISIONAL CHARTER FOR MOUNTAIN LAKE PBS RESOLUTION NO.: 306, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 256 WHEREAS, in accordance with the provisions of New York State Education Law §246 and §236, on December 20, 1968, the University of the State of New York granted Franklin, Clinton, Essex, Warren, Washington and Hamilton Counties an educational corporation, Mountain Lake PBS, to provide educational and cultural television programming, and WHEREAS, Mountain Lake PBS signal is not currently carried in Warren and Washington Counties, and WHEREAS, citizens in Warren and Washington Counties are deprived of Mountain Lake PBS programming that is proprietary, unique and customized to the communities in its coverage area, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board strongly encourages Time Warner and potential new cable operator Comcast to include Mountain Lake PBS in future cable channel listings in Warren and Washington Counties, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward copies of this Resolution to Governor Andrew M. Cuomo, Senator Charles Schumer, Senator Kirstin Gillibrand, Representative Bill Owens, Senator Elizabeth Little, Senator Kathleen Marchione, Assemblyman Dan Stec, Assemblyman Steve McLaughlin, the future Assembly member in Assembly District 113 (currently vacant), and all others deemed necessary and proper, asking for their support of this Resolution. Duly adopted this 18th day of August, 2014, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. VanNess RESOLUTION APPROVING AUDIT OF BILLS- WARRANT OF AUGUST 19TH, 2014 RESOLUTION NO.: 307,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of August 14th 2014 and a payment date of August 19th, 2014, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 257 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of August 14t1i 2014 and a payment date of August 191h, 2014 totaling $475,329.99, 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 18th day of August, 2014, by the following vote: AYES Mr. Irish, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING ADDITIONAL FUNDING FOR COUNCIL FOR PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE - PROVISION OF WARREN COUNTY YOUTH COURT PROGRAM RESOLUTION NO.: 308,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 22,2014, the Queensbury Town Board authorized its Agreement with the Council for Prevention of Alcohol and Substance Abuse, Inc., for the provision, development and enhancement of the Warren County Youth Court Program for the year 2014 with funding in the amount of$3,500, and WHEREAS, the Town Board wishes to increase such funding by the amount of$2,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an increase of funding in the amount of$2,500 to the Council for Prevention of Alcohol and Substance Abuse, Inc., for the year 2014 and authorizes and directs the Town Supervisor to execute any needed Agreement or documentation needed to effectuate such additional funding, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $2,500 from Contingency Account No.: 001-1990-4400 to Community Service Account No.: 001-8989-4414 and take all actions necessary to effectuate payment. Duly adopted this 18th day of August, 2014, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 258 NOES : None ABSENT: Mr. VanNess RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH THE GREAT ESCAPE THEME PARK, L.P. RESOLUTION NO.: 309,2014 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Great Escape Theme Park, L.P. (Great Escape) located at 1172 State Route 9, Queensbury, New York, has applied to the New York State Liquor Authority for a modification of its current retail liquor license at the Theme Park to allow the sale of wine at certain locations within the Park as set forth in its August 14, 2014 letter to the Town Clerk presented at this meeting, and WHEREAS, Great Escape has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the permit for alterations to licensed premises, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Great Escape's permit to alter its licensed premises is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the permit to modify/alter licensed premises is issued to the Great Escape Theme Park, L.P. (Great Escape) and that the Town Board has no objection to such modification/alteration to licensed premises, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 18th day of August, 2014 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, NOES None ABSENT: Mr. VanNess REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 259 RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF EVISION DIGITAL MARKETING, LLC RESOLUTION NO.: 310,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury the Town Board wishes to authorize engagement of eVision Digital Marketing, LLC (eVision) to complete research necessary to create a website review as set forth in eVision's August 15, 2014 proposal presented at this meeting for an amount not to exceed $600, and 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 County and the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to authorize the expenditure of $600 for eVision's services, such funds to be from Warren County occupancy tax revenues received by the Town, as a new Town website will promote the Town of Queensbury, its businesses and amenities, 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 authorizes the engagement of eVision Digital Marketing, LLC (eVision) to complete research necessary to create a website review as set forth in eVision's August 15, 2014 proposal presented at this meeting for an amount not to exceed $600, and authorizes and directs the Town Supervisor to sign any Agreement or documentation needed to effectuate such services, and BE IT FURTHER, RESOLVED, that the Town Board further approves and authorizes the expenditure of$600 for such services, 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 County, 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 08-18-2014 MTG#32 260 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 18th day of August, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT: Mr. VanNess 4.0 CORRESPONDENCE DEPUTY CLERK O'BRIEN-Community Development and Building and Codes Supervisor's Monthly Report for July 2014 is on file in Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-Spoke to the board regarding the culvert for Dixon Road and asked if the Town will be putting it in, and thinks they should be using the Town Highway Department, feels it would save the Town money. SUPERVISOR STROUGH-It is too big of a job for the Town; I did approach the Highway Department. We'll probably bid it out and we are also looking for grant money for the project. JOHN SALVADOR-Spoke to the board regarding the working foreman driving Highway Department vehicles home, this was tried once before and it did not work. The board should do an analysis of this. Referred to the presentation of the budget, asked the board that when the budget is presented to the public could there be more detail in it with respect to the history? Referred to the monies budgeted for the paving of the parking lot of the Town Complex and asked if it was still there. SUPERVISOR STROUGH-There is a Capital Reserve Fund. MR. SALVADOR-Questioned whether there was a schedule for Dunham's Bay noting Mr. Decker was supposed to deliver the draft of the Map, Plan, and Report. SUPERVISOR STROUGH-Yes in good shape to make the schedule. Mr. Decker just delivered the draft, I have not had a chance to review it. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN IRISH WARD THREE • Roundabout is done and opened. There was not a word, not a complaint from anyone while they had it shut down. I think they did a very good job of announcing it and notifying everyone. It is still a lot of money, but it went well. COUNCILMAN CLEMENTS WARD TWO • Read letter into record from Jackie Herschleb, resident of Ward Two regarding Town Board Meeting of August 4, 2014 concerning the extension of the Warren County Airport. (on file in the Town Clerk's Office) I feel as a board we have made some strides toward public comment, I know that some apologies have been made and would like to move on from here. REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 261 COUNCILMAN METIVIER WARD ONE • Kudos to the Fire Department regarding the fire that occurred this morning. They all responded, did a great job and no one was hurt. • Thanked the EMS Squads for a fantastic job, especially this summer, feels the system is working. SUPERVISOR STROUGH • The board would like to again extend their appreciation to our fire fighters who were up very early this morning, all the way through the morning into the afternoon to make sure this community was safe. • Main Street Corridor, we are putting the final touches on it. • Thanked Glens Falls Hospital and Creating Heathy Places and Cathy Varney for the speed radar. Spoke regarding the proposals for the purchase of speed radar, we will go through them to see what the board's thoughts are. • Councilman Metivier came to the board with concerns about the intersection of Route 9L and Cleverdale and the safety of pedestrians who use this intersection. Received a letter from New York State, they conducted an investigation regarding this intersection. They will be installing pedestrian warning signs in advance of the crossing locations in both directions of travel. In addition they will be installing intersection warning signs for Cleverdale Road and updating the warning signs of the Firehouse on Route 9L. • Formal opening of the Aviation, Farr Lane, Dixon Road, roundabout to be held at a later date. Town Board members held an informal ribbon cutting ceremony tonight announcing the grand opening of the new Aviation, Farr Lane, Dixon Road Roundabout. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO.: 311,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into Executive Session to discuss Attorney/Client privilege. Duly adopted this 18th day of August, 2014, by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. VanNess NO ACTION TAKEN RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.: 312,2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING 08-18-2014 MTG#32 262 SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 18th day of August, by the following vote: AYES: Mr. Irish, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: Mr. VanNess RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 313,2014 INTRODUCED BY: Mr. Brian Clements WHO MOVES FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 18th day of August, 2014, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT: Mr. VanNess RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY