The URL can be used to link to this page

2015-11-02 MTG 34 REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 42 REGULAR TOWN BOARD MEETING MTG#34 NOVEMBER 2, 2015 RES# 375-395 7:00 P.M. BOH: 31-34 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN WILLIAM VANNESS TOWN BOARD MEMBER ABSENT COUNCILMAN DOUG IRISH TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS BARBARA TIERNEY, Budget Officer PRESS POST STAR, LOOK TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH SUPERVISOR STROUGH recognized the recent passing of Kevin Monette, the Queensbury Water Department Plant Operator and asked for a moment of silence. SUPERVISOR STROUGH recognized Chuck Garb and Mark Dutra; two very dedicated longtime Highway Department Employees who have just retired. Supervisor Strough thanked them for their many years of service and wished them well in their retirement. 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO.: 375, 2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby move into the Queensbury Board of Health. Duly adopted this 2"d day of November, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, NOES: None ABSENT: Mr. Irish BOARD OF HEALTH PUBLIC HEARING—FRITZ STEFANZICK'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 43 PUBLICATION NOTICE: OCTOBER 16, 2015 SUPERVISOR STROUGH gave overview of the application then opened public hearing. MR. FRITZ STEFANZICK-For the record, I am Fritz Stefanzick, I am the owner of the property. This is my partner, Tom Hutchins, a Professional Engineer helping me with the system. The description of variances is right on, the three variances. I did want to highlight that one of those items the distances of the well to the absorption field currently is about thirty-seven, (37) forty (40) feet. So, I am asking to move that out as far as possible on the property to sixty- three (63) feet as a minimum and also to replace what's in there with the advanced environmental friendly Presby System. I am doing all of this because this is preview to applying for a building permit so that I can improve the home. We're looking to move up here full time to become permanent residents here so we need to expand our home a little bit. So this is kind of the first step in the process of being able to get the building permit. SUPERVISOR STROUGH-Okay, and can you tell me a little bit about what kind of system you're putting in? Tell the public, I already know. MR. TOM HUTCHINS-Sure, it's a Presby Advanced Enviro-Septic System. It's essentially an enhanced treatment system, it's a sand filter, very similar in process to Eljen, leaching a lot of them and you've seen some of these. It provides a high degree of treatment prior to subsurface discharge. We've had very good luck with them and I think it will be a great system for this application. It does give us the advantage of being able to reduce the footprint a little bit and we have not designed this in an effort to make it as small as possible, we designed it in an effort to make it function as well as possible and to provide a long life for this residence. We looked at a couple of options layout wise. We had one option that actually was, gave us a little more separation to the existing well however this is a rocky neighborhood and the area that we wanted to go, there was rock at two (2)to three (3) feet which didn't work. I would add that the well is, has been recently bacterial tested and it's a good well, there is no bacterial formations in that well and we're maintaining setbacks to a number of neighboring wells which we were able to maintain, we're also able to maintain the setback to the lake. And I would also add on the septic tank to the house that that measurement to the house is actually to a slab on grade porch, it's really eleven feet to the foundation wall so it's the house but that adds a little. And with that, I will turn it over to the Board for questions. SUPERVISOR STROUGH-Just an observation, when we were there for the site visit and for the sake of the public, it's a forty-three (43) Hanneford and then there's a downgrade and the system is downgrade from the well, the well is encased and then there's the Pilot Knob cliff, for lack of another term, then down Pilot Knob Road and then Lake George. MR. HUTCHINS-Correct. SUPERVISOR STROUGH-Okay,just so that situation is clear. Any questions? COUNCILMAN VANNESS-I think one of the things that when we went up to do the onsite visit, I asked about the neighbors and I did, we did receive a letter from the neighbor, next door neighbor at forty-eight (48) saying that they were fine with it, they were happy to see this. So, I am glad you got that but other than that, that was the only question that I had about the neighbor. COUNCILMAN CLEMENTS-I guess I just had one. I met with you signally up there and you said needed to upgrade this because you were thinking about adding to your, before you added to your house, you would have to upgrade your system. You have a two bedroom residence now, what are you planning on doing? MR. STEFANZICK-It's going to remain a two bedroom residence. What we're doing right now, we have two small bedrooms right now on the first floor which is the existing floor. We're knocking out one of the first, one of those bedrooms to make it more of an open space and then upstairs we're going to build a master bedroom with a bathroom in it. So it's going to end up being two bedrooms,just the way it works out. COUNCILMAN CLEMENTS-Same as before. Okay, thank you. REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 44 SUPERVISOR STROUGH-Okay, now I am going to open up the public hearing and so I may ask you to step down in a minute, will see if anybody wants to speak to this application first. Is there anybody that would like to speak to the sewage disposal variances being requested by Stefanzick of forty-three (43) Hanneford Road? Anybody? Yea, there is one, thank you; I will call you back in a minute. MR. JOHN SALVADOR-Good evening, for the record, my name is John Salvador; I'm a resident in North Queensbury. The Town Code in its definition section defines a major repair, alteration, or enlargement, any replacement or reconstruction of the septic tank or the leaching facility of an individual's sewage treatment system or any other repair or replacement, none otherwise defined as a minor repair and a minor repair has to do with shallow piping. So this qualifies as a major repair. No sewage disposals fill or mound system may be located within two hundred (200) feet of the shoreline of Lake George. For the repair or the replacement of existing systems, the distance may be a minimum of a hundred (100) feet. I maintain that this is a fill system and it has to have a separation distance from the lake of two hundred (200) feet. That issue has not been addressed by the applicant. SUPERVISOR STROUGH-Okay, thank you. Anybody else from the public like to speak to this variance? Any correspondence in regards to this variance request? TOWN CLERK BARBER-Yes, there is. There is four (4) letters of support on behalf of the application. One from Harold Smith at forty-four (44) Hanneford Road, Mr. and Mrs. Rooney at forty-seven (47) Hanneford Road, James Valastro at forty-eight (48) Hanneford Road and I think this is Mr. and Mrs. Hopper at thirty-five (35) Hanneford Road, all in support of his application. (letters on file in the Town Clerk's Office) SUPERVISOR STROUGH-Alright thank you. Alright with that, I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Will the applicants please come forward? Is there anything in addition you would like to say or speak to? MR. HUTCHINS-I would like to just comment. I don't see it as a fill system. I am not sure where the commenter is getting that. We don't intend to bring fill onto this site with the exception of the system's sand which is part of the system. I don't consider that fill and it certainly does not meet the definition of a fill system which would be bringing on up to two (2) feet of fill. SUPERVISOR STROUGH-Yea, I agree with that. MR. HUTCHINS-Okay. SUPERVISOR STROUGH-Okay, any further questions on behalf of the Town Board? PAUL ALAGNA-I've got a question. Is it two hundred (200) feet away from the lake? SUPERVISOR STROUGH-No sir, nor does it have to be. MR. ALAGNA-Well I thought. SUPERVISOR STROUGH-No sir. Okay, any other questions on behalf of the Board for the applicant? Okay, is there a motion to approve this application? RESOLUTION APPROVING FRITZ STEFANZICK'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 31,2015 REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 45 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Fritz Stefanzick filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 regarding Mr. Stefanzick's request for variances from Chapter 136 to place: 1. the replacement absorption field 63' from the existing on-site well instead of the required 100' setback; 2. the existing septic tank 26' from the existing on-site well instead of the required 50' setback; and 3. the existing septic tank 5' from the house instead of the required 10' setback; on property located at 43 Hanneford Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, November 2"d 2015, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Fritz REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 46 Stefanzick to place: 1. the replacement absorption field 63' from the existing on-site well instead of the required 100' setback; 2. the existing septic tank 26' from the existing on-site well instead of the required 50' setback; and 3. the existing septic tank 5' from the house instead of the required 10' setback; on property located at 43 Hanneford Road in the Town of Queensbury and bearing Tax Map No.: 240.6-1-11, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish PUBLIC HEARING — JAMES TOBIN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES PUBLICATION DATE: OCTOBER 23,2015 SUPERVISOR STROUGH gave overview of the application then opened public hearing. MR. JIM TOBIN-My name is Jim Tobin. MR. MATT HUNTINGTON-I am Matt Huntington with Schoder Rivers Associates. SUPERVISOR STROUGH-Okay, Matt why don't you give us an overview of what you have? MR. HUNTINGTON-Basically what we have is a three (3)bedroom residence that the existing leach field was more than forty (40) feet wide so that eventually failed. We came in; it's a pretty tight sight back there. There's some steeper slopes off to the west. You have the house on the east, so really the only place that we could fit a system was in that flatter area directly west of the house. So in order to stay away from those steeper slopes we had to keep it a little closer to the well, the eighty-eight (88)to ninety (90) feet. It is downgrade from the well so there's not going to be any runoff headed that way on the ground. The existing lateral was plus or minus eighty (80) feet to the well. Jim has had the well tested in the past and there were no issues with it, with the subpar system. So, again, we're coming with a Presby and I will save some time and not re- REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 47 explain it but we're going to come in with a Presby system, two (2) sixty (60) foot trenches with two (2) pipes in them each, either side of it and replace it with a new precast concrete septic tank. With that, I will turn it over to you guys. SUPERVISOR STROUGH-Okay Matt, Councilman VanNess and I were over today to take a look at the situation. It's kind of in the middle of that Dark Bay geography, peninsula. It's not on the lake. What you're asking is on the other side of the house and downgrade from the well and it is a Presby system to boot which is good, a more efficient system. Any questions from the Board before we go to public hearing? Is there any member of the public that would like to speak to this application? Yea there is one; if you'll step down I will call you back up in a minute. MR. CHRIS NAVITSKY-Good evening, Chris Navitsky, Lake George Waterkeeper. We have no objection to the variance application, we just felt that there was one item regarding the separation to bedrock that needed to be clarified and be consistent with the Town Code. Within a thousand feet, you need to be, have thirty (30) foot separation and they only have a note that requires two so we just felt that that should be complied with, with the Town Code. SUPERVISOR STROUGH-Yea, the test pit data shows that they went down seventy (70) some odd inches with no side of milling (spel?) and they hit kind of a loamy sand. COUNCILMAN VANNESS-We reviewed that and we did ask them about that today when John and I were there Chris, and we went through it and we saw it on the planes. MR. NAVITSKY-Okay, thank you. SUPERVISOR STROUGH-Alright, thank you. Any other member of the public like to speak to this application? Any correspondence Caroline? TOWN CLERK BARBER-I do not have any. SUPERVISOR STROUGH-Okay, would the applicant please return to the table. Jim or Matt, anything more that you would like to add? MR. HUNTINGTON-No. SUPERVISOR STROUGH-Any additional questions? I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING JAMES TOBIN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 32,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, James Tobin filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement on-site subsurface wastewater treatment system with the absorption tranches to be located ±88' and ±90' from the well on the property in lieu of the required 100' distance(s) on property located at 15 Dark Bay Lane, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 48 official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, November 2"d 2015, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of James Tobin for variances from the Sewage Disposal Ordinance to install a replacement on-site subsurface wastewater treatment system with the absorption tranches to be located±88' and±90' from the well on the property in lieu of the required 100' distance(s) on property located at 15 Dark Bay Lane, Queensbury and bearing Tax Map No.: 239.18-1-34, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. Clements, Mr. VanNess, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 49 NOES : None ABSENT: Mr. Irish SUPERVISOR STROUGH gave brief overview of the application and noted the resolution will be to set the public hearing for November 161' DENIMS MACELROY, Agent for the Applicant gave overview of the application and noted that the neighbor to this site has the same scenario and system. TOWN BOARD held discussion and agreed to send the application to the Town Engineer for their review prior to the public hearing. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CHRIS AND BARBARA BOYD RESOLUTION NO.: BOH 33,2015 INTRODUCED BY: Mr.William VanNess 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, Chris and Barbara Boyd have applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be 3' from the west property line instead of the required 10' setback; and 2. Absorption field to be 8' from the south property line instead of the required 10' setback; 3. Absorption field to be 77' from the well instead of the required 100' setback; and 4. Septic tank to be 4' from the dwelling instead of the required 10' setback; on property located at 25 Hanneford Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday, November 16t1i 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Chris and Barbara Boyd's sewage disposal variance application concerning property located at 25 Hanneford Road, Queensbury (Tax Map No.: 240.6-1-17) and at that time all interested persons will be heard, and REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 50 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' of the applicant's property as required by law. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION ADJOURING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 34,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Queensbury Board of Health adjourns and moved back into Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 2"d day of November, 2015, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: Mr. Irish 2. PUBLIC HEARINGS 2.1 PUBLIC HEARING—ANNUAL TOWN BUDGET FOR 2016 SUPERVISOR STROUGH gave power point presentation of Annual Town Budget for 2016. MR. JIM MACKEY-Jim Mackey, Town of Queensbury, I think a well done goes to the Board for the fact that the rate reduction is down and that you be recognized for a conservative fund balance management. I do have one question though and it concerns the EMS. I do recall sometime at the beginning of last year or the beginning early this year rather, or the end of last year, when the contracts for the EMS people were being discussed, there was talk about putting together a committee to review and overview what's going on with these organizations. Has anything been done along those lines? COUNCILMAN VANNESS-It's done. SUPERVISOR STROUGH-Do you want to speak to that? COUNCILMAN VANNESS-We had our first round table meeting with EMS a month ago. We told them basically what we were looking for, where we were headed. Myself and John met, basically myself because of my background with the Fire Company and EMS, I know something about it. John invited me to sit in with him; we met with all three(3)parties, from all three (3)EMS squads. We have another meeting setup mid-November and it's going to take time. As we said REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 51 MR. MACKEY-As I understood the original intent was going to have other members besides Board Members. There was going to be from the discussion and I'm recalling almost a year ago that you were going to bring in some outside parties to make that review. COUNCILMAN VANNESS-Right now I think what we're trying to do is set the foundation. Right now we're setting the foundation with them, telling them what we're going to be looking towards as the contractors. I mean they are subcontractors to us, we're the contractor. I don't mean, just us, the taxpayers. MR. MACKEY-It's good that it just started. COUNCILMAN VANNESS-We've had one meeting so far, mid-November we will have another meeting and basically the discussion in the meeting that we had was just about scheduling of ALS/BLS tax. We wanted to make sure that it was spread throughout the town. MR. MACKEY-The only recommendation if I might that I would make is that you bring in some parties that are not that familiar like you are and that don't have an alignment like you might have with these organizations. Bring in a third party or fourth party, somebody who can give you an independent look. COUNCILMAN VANNESS-Well I think Jim, while you're there, I think over the years you're going to find out wherever my alignments, I do what's right for the taxpayers and I think MR. MACKEY-I didn't mean personal, you know what I am saying. COUNCILMAN VANNESS-Yup and I think that's what we're doing. MR. MACKEY-I think you ought to have some third party involved. SUPERVISOR STROUGH-Well, Jim, there was many positive things that came out of the meeting. One of them was that we're developing a new more modern website and there will be a webpage where the three (3) entities can share their ALS and BLS schedules. The reason for that is so that we can schedule who's working when, to be most effective, most cost efficient and provide the same level of service that you want, because if you have a heart attack, you want the fastest response possible. MR. MACKEY-Been there, done that so thank you for that. COUNCILMAN VANNESS-And the fact, the other thing is, I think the big thing though Jim is, there's a big difference between the cost of ALS and BLS. ALS obviously is more expensive because of the more training they need to be a paramedic or critical care tech. BLS is just something where you get there and administer care. MR. MACKEY-I wasn't questioning why it was up, I was questioning about the committee. COUNCILMAN VANNESS-Well you know you asked the question. MR. MACKEY-Follow through. COUNCILMAN VANNESS-Yup, oh we're going to. We will. SUPERVISOR STROUGH-Okay, anyone else from the public like to speak to the Town Budget for 2016? Yes sir. MR. JOHN SALVADOR-Again for your record, my name is John Salvador; I'm a resident in North Queensbury. There should be no question at all that you have a zero stress level for your fund balance. You're carrying an eighteen million (18,000,000) dollar fund balance, all funds considered and that's as of the first of this year. It doesn't include any accumulation that you may have or will incur this year. A total budget of thirty million (30,000,000) dollars, you have an eighteen million(18,000,000) dollar fund balance. That's obscene. The Comptroller recommends a reasonable fund balance. Now look, every department in the Town isn't going to fall apart at the same time, okay, and you have the ability to borrow through revenue anticipation notes. There's all kinds of means. You don't have to have this money squirrelled away. In June, this Town Board authorized the purchase of a Western Star forty-seven hundred (4700) vehicle to be outfitted as a snowplow for roughly two hundred thousand (200,000) dollars. In August, this same Board authorized the purchase of a second Western Star forty-seven hundred (4700) vehicle again to be REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 52 outfitted as a snowplow for roughly two hundred thousand (200,000) dollars. That's a total of four hundred thousand (400,000) dollars. Both trucks were said to be purchased because, quote, in your resolution, there are sufficient funds in the Town Budget. I am assuming this is the 2015 Budget. Have these trucks been ordered? SUPERVISOR STROUGH-Yes. MR. SALVADOR-Have these trucks been delivered? SUPERVISOR STROUGH-One has. MR. SALVADOR-And the other one is on the way. These trucks were purchased on an Oneida County quote, to the extent that this was a proper procedure, I'm still following up on, I haven't gotten answers from the Comptroller. SUPERVISOR STROUGH-And you are going to apologize? MR. SALVADOR-Pardon me? SUPERVISOR STROUGH-You are going to apologize after you found out everything we did was lawful and accurate and in the best interest of the taxpayer. MR. SALVADOR-Remember, if we find out that everything you did was on the level. SUPERVISOR STROUGH-I didn't ask for a steak dinner,just an apology, okay? MR. SALVADOR-Alright. Likewise tonight, you have resolution 4.12, is to advertise bids to purchase a Ford one hundred fifty (150) extended four by four (4x4) truck. Now, I can't imagine what this truck will cost us, nowhere near two hundred thousand (200,000) dollars. You know, we purchased these snowplows on a bid that was made to a foreign county, not satisfying ourselves; at least I haven't been able to determine that, satisfying ourselves that it's the best quote we could get and yet we're going out and advertising for bids for a Ford one hundred fifty (150) truck. In any case, we'll follow up on it. SUPERVISOR STROUGH-Okay. MR. SALVADOR-Also, the Comptroller's procurement procedure recommends that all towns follow its, code of; I'll call it code of accounts. Okay, now the reason for this is that the State compiles all sorts of data by its municipalities and of course they have to compare apples with apples so you use, computers don't read words, they read numbers and so you use the same code of accounts for your budget. This Town has chosen to alter the Comptroller's suggested, not suggested, required code of accounts. You've adjusted it. You've adjusted it by deleting the category library. No one in the world can tell that we pay a library tax outside the walls of this Town. It's not in any public record any place that we pay a library tax. Now this issue is before Judge Krogmann. He has already determined that it was improper for the Crandall Library to prepare the budget numbers. He has already made that determination so we'll find out what the final solution is but that not showing that we pay a tax, a library tax, that's improper, the budget is incomplete. Thank you. SUPERVISOR STROUGH-Anybody else like to speak to the budget? Ask questions about the budget? Seeing none, any thoughts from the Town Board? COUNCILMAN CLEMENTS-I would just like to make a comment about expenditures and fund balances. You'll recall that the Dixon Road culvert, that hasn't been mentioned here, was something that came up that we weren't expecting and the beginning bids on those were over a million dollars. So, although we got it for a lot less, we SUPERVISOR STROUGH-Well the beginning, the bids were up to three hundred and twenty-five thousand(325,000) and we ended up doing it for less than two hundred thousand(200,000). COUNCILMAN CLEMENTS-Something that was unexpected. SUPERVISOR STROUGH-But your point is a good point. COUNCILMAN VANNESS-I just want to say, thank you and Barbara both for working so hard on this. I know we have touched base several times throughout the budget and I'm very pleased with REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 53 the way the numbers came in. We've all worked hard and you know the Dixon Road culvert was just one prime example of, it wasn't just this Town Board, it was the Town Highway, that after it came time to be paved, they chose to do it because they were paving the road anyways. They did it with in-kind services; it helped bring money back to us. We set aside three hundred and twenty-five thousand (325,000) to get this done, and we ended up, as John said, just under two hundred thousand (200,000) dollars and it was just the workmanship of all of the departments within the Town and it continues to work that way. But the budget, I think we've done a great job and I want to thank you and John for the work that you guys put into it, by all means. SUPERVISOR STROUGH-Thank you. Yea, you know John brought up snowplows. Yea, they're big trucks, they're expensive trucks. The plows on them are very expensive. The equipment on them are very expensive and yea, we paid a hundred and ninety-five thousand(195,000) a piece and there are other communities next to us, they paid two hundred and twenty-five thousand(225,000) a piece. Alright, we try and be frugal. It takes twenty trucks, snowplow trucks to plow, twenty, not nineteen, can't do it, it takes twenty to plow this Town. We have trucks with well over, almost two hundred thousand (200,000) miles on them, sixteen years old, twenty years old. They've been deferred and deferred and deferred. Okay, to save the taxpayers but at some point you have to start replacing the trucks. If you want your roads plowed and a lot of people, you know, move from one community to another, and they say, well, Queensbury does a good job at maintaining safe roads. Well, the Highway Department deserves a pat on the back for that but they can't do it unless they have the equipment to do it. So, you know, we're not wasting anybody's money and the cab truck that you refer to is Tommy's vehicle. When he came into office, I said, it's about time for you to get a new truck, that one's all rusted out. It's a Chevy too. COUNCILMAN VANNESS-Easy now. SUPERVISOR STROUGH-So he's got a hundred and eighty-eight thousand four hundred (188,400) miles on it now. COUNCILMAN VANNESS-Two hundred and twelve thousand(212,000). SUPERVISOR STROUGH-Okay, it's moved up since the last I knew. COUNCILMAN VANNESS-Two hundred and twelve thousand(212,000). SUPERVISOR STROUGH-So, he needs a new truck. So he's looking at something comparable to what he has and the State is doing things differently now. I mean, you know, John Salvador talked about piggybacking. We are allowed to piggyback on other bids or we use the State bids. The State is not doing bidding for your smaller trucks like your Ford F-150's. Okay, the state now has anew program. It's called mini-bids. I am not so sure I like it but that's the way that we have to go so we're doing bids on the type of truck, it's like a Ford F-150, and we'll get bids on that and it's also, we keep our procurement policy lawful and up to date. As a matter Town Counsel Bob Hafner and I had the discussion that we want to make absolutely sure our procurement policy stays up with the changes that are frequently going on in New York State. So, we work very hard to do the right things and the lawful things. Okay, anyway, I digress. Any other Board members have anything? I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING ANNUAL TOWN BUDGET FOR 2016 RESOLUTION NO.: 376,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board conducted a public hearing on Monday, November 2"d 2015 concerning the proposed 2016 Preliminary Budget and all interested persons were heard, and REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 54 WHEREAS, the proposed 2016 Preliminary Budget sets forth the proposed 2016 salaries of the Town's Elected Officials as required by New York State Town Law §27, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the 2016 salaries for the Town of Queensbury Elected Officials shall be as follows: TOWN SUPERVISOR 67,276. TOWN COUNCIL,PERSON(4) 18,000. TOWN CLERK 66,442. TOWN HIGHWAY SUPERINTENDENT 67,161. TOWN JUSTICES (2) 42,969. and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the 2016 Preliminary Budget presented at this meeting as the Town of Queensbury Annual Budget for 2016 with the following modifications: and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to enter the Adopted Annual Budget in the minutes of the Town Board proceedings, and BE IT FURTHER, RESOLVED, that a copy of the adopted Annual Budget for 2016, including a copy of the S495 Exemption Impact Report, is attached and made part of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to prepare and certify duplicate copies of the Adopted Annual Budget and deliver one copy to the Queensbury Town Supervisor so that he may present it to the Warren County Board of Supervisors. REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 55 Duly adopted this 2'd day of November, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES None ABSENT: Mr. Irish 2.2 PUBLIC HEARING—DESIGNATION OF MARL FENS AND ADJOINING LANDS AT FLOYD BENNETT MEMORIAL AIRPORT AS CRITICAL ENVIRONMENTAL AREAS PURSUANT TO §617.14 (g) OF RULES AND REGULATIONS OF NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION PUBLICATION DATE: OCTOBER 23,2015 SUPERVISOR STROUGH gave overview of proposal and then opened Public Hearing. MR. JOHN CAFFRY-Good evening, I'm John Caffry representing the Big Cedar Swamp Coalition which includes the Southern Adirondack Audubon Society, the Glens Falls-Saratoga Chapter of the Adirondack Mountain Club and others and which has been working to protect the Big Cedar Swamp for over thirty (30) years, since the time of the ill-fated Earltown proposal. We're very pleased that the Town is bringing this proposal forward. The entire nine hundred (900) acre Big Cedar Swamp has been recognized as regionally important by the New York State Open Space Conservation Plan as well as by the Town's own Open Space Vision Plan which it adopted in 2003. So we are very pleased to support this proposal to ... make part of it that includes the Marl Fens which are rated as globally rare and critically threatened, as a critically environmental area. We also think that more is needed to protect the Marl Fen and the entire Big Cedar Swamp so we would request the Town to approve this designation but then also consider beginning the process to designate the entire Big Cedar Swamp as a Critical Environmental Area, to work with the County and other interested parties to develop a management plan for the Big Cedar Swamp which my research shows is an idea that dates back to the Town's prior 1998 Master Plan. And work with the County to enhance to Marl Fen. From reading the materials from the Natural Heritage Program, it seems as if some of it's been subject to the flooding. I have to think that the airport runway construction and such has altered the habitat there, altered the geology and maybe that working on the drainage and such things that could actually improve or even enlarge the Marl Fens. So we think that this is a great start and there's more that could be done so thank you very much. (letter for the record submitted and on file in the Town Clerk's Office) SUPERVISOR STROUGH-Yea, while you're there John, the area, the Big Cedar Swamp, AKA, Great Cedar Swamp is the light green area. (refers to map) MR. CAFFRY-Generally, yup. SUPERVISOR STROUGH-Generally speaking is that area and the Marl Fens which is this little spot and that little spot only exist because of their ecological hydrological relationship to the Big Cedar Swamp. MR. CAFFRY-Right, right. SUPERVISOR STROUGH-So you're entirely accurate what you say. MR. CAFFRY-Thank you. COUNCILMAN CLEMENTS-Yea, you might want to look at, this one is a little closer. You can see the two areas right here that we're talking about. (refers to map) Do you see the end of the runway right here? MR. CAFFRY-Right. COUNCILMAN CLEMENTS-It's kind of zoomed in a little bit more. It doesn't include all of the great Cedar Swamp. REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 56 MR. CAFFRY-Right. Thank you. SUPERVISOR STROUGH-Thank you, John. The public hearing is still open. Yes, sir. MR. PAUL ALANGA-My name is Paul Alanga. I live at 192 Sunnyside East in Queensbury. I apologize, I didn't realize I was out of order earlier. So in regards to this, I'd like to just read what I've written. This is an important moment in time, a defining moment when we can define ourselves as a species who preserves or destroys a unique and rare ecosystem, the Marl Fen which will be our legacy. The extension of the runway is, in my belief an unnecessary and wasteful project on numerous accounts. Destroying the Marl Fen is unconscionable. As a citizen of this beautiful County, I am adamantly opposed to the airport project and fully support protection of the Marl Fen. Thank you. SUPERVISOR STROUGH-Thank you. Yes, Joan. MS. JOAN REID-Hello, my name is Joan Reid and I'm very, very happy that you have this proposal. I agree with everything that's been said on this issue, the two (2) people before me and I encourage you to keep going forward with this project because we need to help protect our area. I am a landowner right next to that whole swamp area and I am so happy that you're going to continue helping protect. No more variances for people that are trying to build in this area, please. SUPERVISOR STROUGH-Okay, thank you. MR. CHRISTOPHER LYNCH-Good evening, my name is Christopher Lynch, landowner up on Ridge Road right near the Marl Fen. I'll tell you, off the cuff, I just want to say my appreciation both to Board for bringing us this far and most especially to some of the people who spear headed this same thing... I sincerely hope there's not a real question on this proposition; I hope you do protect this little Fen because nobody else is going to. I'm pretty much on board with the Pope; I think God has given us the planet as a sacred trust to take care of it. You see, what happens when we don't, from the toxins, PCP's, TDT's, global warming, yea, maybe cancer and on and on and on, it's always for our own good. I wish I could stand here and sit here and tell you what would happen if we don't protect our ... and not one of us can do more than just speculate. What we do know for sure is that we have ten percent of the world's known Marl Fens in our own backyard, maybe a bunch more because they have not studied this properly yet. Not even close if you've read the reports they're, they're a little bit odd. But what we do know they are delicate. Somebody knows America have already decimated by development, what insufferable egotism makes us think it's alright to ... Marl Fen as opposed to protecting it. I admit, I first got into this whole thing with my opposition to the airport, good, bad, its suffering might. This Fens though, they sort of grow on you, you've got to think about all of these miles and miles of water coursing through the Marl ... feeding some really unique and wonderful plants species ... no place else. Yea, we've had everybody telling us what's good for us, we've got the FAA saying, you got to spend your money, you got the County saying, ooh, give me, give me, give me, give me, give me and yea, they are even thinking about giving some money to a private developer. God help us, if that happens. What point in time has anybody ever said to the citizens of Queensbury, what are your thoughts? What do you want in your own backyard? It's probably the most important thing that you own ecologically speaking. So, that's ... paper. Who should tell you what will happen if you don't protect the Fen? ... tell you not the Fens important, they can't. ... I said I could and anybody that tells you that its important or it's not important, ... you guys have got to go through but I will tell you that if we screw it up tonight, you will never have another chance to get it right. What about our children, our children's children ... You know, one new thing in this and then I will leave you guys alone but I know we have a college pretty close to us right here, real close and they have a vibrant ecology program. I know my daughter is actually going to it right now. What an incredible opportunity for ACC or SUNY Adirondack ... to make a contribution to the world of ecology. SUNY Syracuse right now, ESF is actually studying rehabilitation of the Marl Fen in New York State. You know, they're ... once native ... there Marl Fen is known for, they're buffering the pollutants. Now, they're picking up the invasive species but what incredible opportunity, learning, teaching, actually doing something ... summer time, the Fen is an okay condition, not great but ... save able. Gentlemen, I ask you please, please, please protect our Marl Fen; it already is easily, the most critical environmental area in the County and probably in upstate. I urge you tonight to vote yes on this on the CEA and make it official. Thank you. SUPERVISOR STROUGH-Thank you. Anybody else like to speak to this? REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 57 MR. TRAVIS WHITEHEAD-Travis Whitehead, Queensbury. I also do the, I knew nothing about the Marl Fen until I started looking into some of the airport issues and what I found is, I had to FOIL this environmental assessment, it's over an inch think and as I was reading through there buried in there were one or two lines about the Marl Fen. And it was just blown through you know, as just another thing that's there. And it took a while for this all to sink in but if I could just take a minute or two (2) of your time. Twenty-two thousand (22,000) years ago, we had a mile of ice on top of us, twenty-two thousand (22,000) years ago. That's what setup the conditions of this Marl Fen and when this receded and dropped the water and the land sprung back up from all of that weight that was on it, certain things happened to the land and half a dozen Marl Fens were created in this area of New York State and upper New Jersey and there is no other area in the world like it. And it's so unusual because you might have seen the pictures in the paper and you saw what looked like a swamp there. That was not the Marl Fen; it was actually behind that, you really couldn't see. That was just the class one (1)wetlands area that you could really see in the picture of the Post Star the other day. The Fen is less obvious but it is fed from groundwater. It is highly alkaline and because of that certain special species can only survive there and it was first noted, after twenty-two thousand (22,000) years, it was first noted in the 1940's. Somebody came up and said we found a small white lady slipper. It's an orchid, very rare and they said where the heck did you find that and they said, well, right over here in Queensbury and sure enough, they found them. Now they were out looking for them again this summer and they couldn't find any. But as Chris said, it's not to mean that they couldn't be repopulated as some point, not that it would be easy to repopulate it either but it would be something to look forward to. There are only so many features ... a, you know, the dice were rolled a million times to come up the snake eyes in order for this to happen and it would be a shame if it were to be destroyed. Queensbury stuck up for it in the 1980's with Earltown, Mr. Caffry mentioned that. DEC looked upon it as a, at that point issued the maximum amount of fine as possible, a hundred and seventeen thousand (117,000) dollars against the developer. The developer looked at that land a few years later and stopped paying taxes on it, couldn't sell it, decided it wasn't worth anything and stopped paying taxes. The County picked it up at tax auction and the County is also looking at possibly developing that. So it would be a shame if the County is allowed to do what Earltown was not. But that's a little bit of history on the Marl Fen. I thank you all for considering this; it's well worth your efforts. Thank you. SUPERVISOR STROUGH-Anybody else like to speak? MS. JANET SPIELBERGER-Good evening, my name is Janet Spielberger, I live in Rolling Ridge. You're talking about my neighborhood; it's just up the road from me. I'm thrilled that you're considering this proposal; I'm hoping that you will vote yes, it means a lot to me. I have a nice neighborhood and it's part of the Town of Queensbury that is still lovely and I hope you will consider voting yes tonight, I ask you as a taxpayer and voter. Thank you. SUPERVISOR STROUGH-Anybody else? Seeing none, Town Board discussions? COUNCILMAN CLEMENTS-I just wanted to give thanks again to some people who helped with this and particularly Travis Whitehead, Stu Baker, our Senior Planner put all of this together. A lot of that material came from, or most of that material came from Travis Whitehead. I would like to thank our law firm and Mark Schachner and Bob Hafner for helping put this together and I think Bob is going to go through the SEQRA a little later and maybe I can ask you when you do that to just explain why we are going through that and if there's going to have to be another one if somebody else does some development out there. ATTORNY BOB HAFNER-Sure, I would be glad to. COUNCILMAN CLEMENTS-That's all I had. COUNCILMAN VANNESS-I just, I want to thank Brian for bringing it to our attention. It was something that, I wasn't, I've been here all of my life, lived and raised in Queensbury all of my life and didn't know anything about it and I'm glad Brian brought it to our attention and we're very glad that Stu did the work on it they he did and we took our time and did it right and I think it's going to come out very well. So, I want to thank Brian for bringing it to our attention. SUPERVISOR STROUGH-Well I think John Caffry is right that when you're looking at a CEA, you need to look at all of the important environmental aspects of it, so you've got the Big Cedar Swamp. Yes, so, and it's not necessarily about the airport. It's on the airport property and the airport when it goes to improve, extend the runway, it won't have to address this in a proper way REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 58 and I think you can still have a world where we'll have a better improved airport and protect the environment at the same time. So, Bob, do you want to give us an overview of Part II of SEQRA? TOWN CLERK BARBER-Are we closing the public hearing? SUPEREVISOR STROUGH-Yea, I will close the public hearing. PUBLIC HEARING CLOSED TOWN COUNSEL HAFNER noted that before the Town Board can take action to establish the CEA, the Town has to go through the SEQRA and explained the process if another agency considers any action which will involve the Marl Fen area. TOWN COUNSEL HAFNER lead the Town Board through the following: SHORT ENVIRONMENTAL ASSESSMENT FORM PART 2—IMPACT ASSESSMENT 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? X No Yes 2. Will the proposed action result in a change in the use or intensity of use of land? X No Yes 3. Will the proposed action impair the character or quality of the existing community? X No Yes 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? X No Yes 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? X No Yes 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? X No Yes 7. Will the proposed action impact existing: a. public/private water supplies? X No Yes b. public/private wastewater treatment utilities? X No Yes 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? X No Yes 9. Will the proposed action result in adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? X No Yes 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? X No Yes 11. Will the proposed action create a hazard to environmental resources or human health? X No Yes RESOLUTION ISSUING A SEQRA NEGATIVE DECLARATION REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 59 AND APPROVING DESIGNATION OF MARL FENS AND ADJOINING LANDS AT FLOYD BENNETT MEMORIAL AIRPORT AS CRITICAL ENVIRONMENTAL AREAS PURSUANT TO §617.14(g) OF RULES AND REGULATIONS OF DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 377,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board is authorized to designate specific geographic areas within the Town of Queensbury as Critical Environmental Areas in accordance with the rules and regulations of the New York State Department of Environmental Conservation adopted in accordance with the authorization and directives of the State Environmental Quality Review Act, and WHEREAS, a public notice was published as set forth by the aforesaid regulations and the Town Board held a public hearing on November 2, 2015 at 7:00 pm on the issue of the designation of that area consisting of the marl fens at the Floyd Bennett Memorial Airport and adjoining lands as Critical Environmental Areas, and WHEREAS, the Town Board is duly qualified to act a Lead Agency for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an Unlisted Action in accordance with the rules and regulations of SEQRA, NOW, THEREFORE BE IT RESOLVED, that two (2) areas of marl fen as shown in Figure 1 of a Memorandum by Greg Edinger of the New York Natural Heritage Program, re: Marl Fen at Floyd Bennett Memorial Airport, dated December 3, 2014, and all lands outside those designations and adjacent thereto within one hundred (100) feet appear to possess exceptional and/or unique characteristics as follows: A) a benefit to human health; B) a natural setting (e.g. fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); C) agricultural, social, cultural, historic, archaeological, recreational, or educational values, or D) an inherent ecological, geological, or hydrological sensitivity to change which may be adversely effected by any change; and REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 60 BE IT FURTHER RESOLVED, that the Town Board, after considering the proposed action, reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board herby authorizes and directs the Town Supervisor to complete the Environmental Assessment Form by checking the box in Part 3 indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Board, after consideration of the foregoing, hereby designates the following areas previously described as two (2) areas of marl fen as shown in Figure 1 of a Memorandum by Greg Edinger of the New York Natural Heritage Program, re: Marl Fen at Floyd Bennett Memorial Airport, dated December 3, 2014, and all lands outside those designations and adjacent thereto within one hundred (100) feet as Critical Environmental Areas, and BE IT FURTHER RESOLVED that the Town Senior Planner is hereby authorized and directed to file notification pursuant to §617.14(g)(2) of the Rules and Regulations of the Department of Environmental Conservation with the Commissioner of the New York State Department of Environmental Conservation (NYS DEC), the Director of NYS DEC Region 5 in Ray Brook, NY, the NYS DEC Region 5 office in Warrensburg, NY and the Clerk of the Warren County, NY Board of Supervisors, and BE IT FURTHER REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 61 RESOLVED, that pursuant to §617.14(g)(3) of the Rules And Regulations of the Department of Environmental Conservation, said designation shall take effect thirty (30) days after such filing with the Commissioner of the NYS DEC, and such designation of a Critical Environmental Area shall be published in the Environmental Notice Bulletin by the NYS DEC, and the NYS DEC shall serve as a clearinghouse for information on all Critical Environmental Areas. Duly adopted this 2nd day of November, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Irish 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY MR. JOHN SALVADOR spoke regarding resolution 4.10, Resolution Authorizing Reimbursement of Septic Pump-Out Costs to Property Owners Within North Queensbury Wastewater Disposal District No. 1 —Dunham's Bay. 4.0 RESOLUTIONS RESOLUTION SCHEDULING PUBLIC HEARING ON LOCAL LAW NO. _ OF 2015 INCREASING SALARY OF HIGHWAY SUPERINTENDENT FOR 2016 FISCAL YEAR RESOLUTION NO.: 378,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board believes it would be in the best interests of the Town to increase the salary of the Town Highway Superintendent to an amount in excess of the amount specified in the notice of public hearing on the Town's preliminary budget which was duly published pursuant to Town Law §108, and WHEREAS, Town Law §27 authorizes the Town Board to increase the salary of certain elected officials of the Town, including the Highway Superintendent, to an amount in excess of the amount specified in the notice of public hearing on the preliminary budget for not more than one fiscal year by adoption of a Local Law pursuant to the Municipal Home Rule Law, and WHEREAS, proposed Local Law No. of 2015 has been prepared which would accomplish this change, and WHEREAS, under Municipal Home Rule Law §20, no Local Law may be passed until a Public Hearing has been held, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 62 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, November 16'h 2015 to consider proposed Local Law No.: of 2015 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No.: of 2015; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2015 in the manner provided by law. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. Clements, Mr. Strough, Mr. Metivier NOES None ABSENT : Mr. Irish ABSTAIN: Mr. VanNess RESOLUTION AUTHORIZING ADIRONDACK RUNNERS' 5K REINDEER RUN TO BENEFIT CINDY'S CAMP COMFORT RESOLUTION NO.: 379,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Adirondack Runners has requested authorization from the Queensbury Town Board to conduct its annual Reindeer Run 5k Road Race/Walk to benefit Cindy's Camp Comfort as follows: SPONSOR Adirondack Runners EVENT Reindeer Run 5k Road Race/Walk DATE Sunday, December 6th 2015 TIME 9:00 a.m. PLACE Beginning on Haviland Road and ending at SUNY Adirondack (Email and Map delineating course are attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Adirondack Runners Club and therefore approves and authorizes the Reindeer REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 63 Run 5k Road Race/Walk within the Town of Queensbury to benefit Cindy's Camp Comfort on Sunday, December 611i 2015, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LITTLE LEAGUE, INC. RESOLUTION NO.: 380,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Little League, Inc., and WHEREAS, a proposed Agreement for the year 2015 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Little League, Inc., for the year 2015 with funding for the Agreement not exceeding the sum of$11,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING 2016 RENEWAL CONTRACT FOR EMPIRE BLUE CROSS MEDICARE ADVANTAGE INSURANCE PLAN RESOLUTION NO.: 381,2015 REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 64 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Blue View Vision, Empire Blue Cross and Empire Blue Cross Medicare Advantage, and WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated a renewal contract for the year 2016 with Empire MediBlue Freedom (PPO) Medicare Advantage, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a renewal contract for the year 2016 with Empire MediBlue Freeom (PPO) Medicare Advantage with the 2016 monthly premium to be $432.88 per member, and BE IT FURTHER RESOLVED, that in the event that surcharges, fees or taxes are mandated or imposed on the Town's health insurance policies that are beyond the Town's control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING PURCHASE OF MOWER FOR USE BY PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 382,2015 REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 65 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Director of Parks and Recreation has requested Town Board approval to purchase a 2015 John Deere Z997R commercial mower with attachments to replace a 10 year old Hustler super mini mower in the Parks and Recreation Department, and WHEREAS, the Director obtained a quote for the mower from authorized John Deere dealer, The Hudson River Tractor Company, for the amount of$19,960, such amount lower than State Contract pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Parks and Recreation Director's purchase of a 2015 John Deere Z997R commercial mower with attachments for the amount not to exceed $19,960 to be paid for from Account No.: 001-7110-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Budget Officer to amend the budget by reducing appropriation 001-9060-8060 Health Insurance Premium and increase Appropriation 001-7110-2001 Parks Equipment by $19,960 and take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING SANDV ENTERPRISES TO REPLACE ROOF AT PINE VIEW TOWN CEMETERY OFFICE RESOLUTION NO.: 383,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Cemetery Superintendent has advised the Town REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 66 Board that the roof at the Pine View Cemetery Office needs to be replaced, and WHEREAS, the Town Cemetery Superintendent contacted numerous companies and received two (2)written proposals for such work, and WHEREAS, SandV Enterprises submitted the lowest proposal for such work and therefore the Town Board wishes to authorize such work, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes and directs the Town Cemetery Superintendent to engage the roof replacement services of SandV Enterprises in accordance with its September 8, 2015 proposal presented at this meeting for an amount not to exceed $10,225 to be paid from Misc. Contractual Account No.: 002-8810-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to provide for such payment, including amending the 2015 Town Budget by decreasing Appropriation No.: 002-9060-8060 Health Insurance and increasing Appropriation No.: 002-8810-4400 Misc. Contractual by such amount, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Cemetery Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 384,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 67 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager, to be sold as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Asset No. Dept 1995 GMC Fuel Truck 8721 Highway 1988 Ford L8000 Truck 244 Highway 1999 International Truck 3625 Highway Xerox Phaser Printer-6200 DR plus toner/ink 4160 IT Grinch Costume n/a General Desk, 2-credenzas-black metal n/a Building&Grounds 3-Cisco System Switches n/a IT Baracuda Content Filter n/a IT Baracuda Spam&Virus Filter n/a IT Dell Vostro Computer 260 9103 IT Dell Inspiron Laptop PP05L 9118 IT Dell Server-PowerEdge 2600 4161 IT Dell Server-PowerEdge 600sc n/a IT Dell Server-PowerEdge 1800 427 IT Dell Server-PowerEdge 840 1 43044 1 IT NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Item Asset No. Dept 1995 GMC Fuel Truck 8721 Highway 1988 Ford L8000 Truck 244 Highway 1999 International Truck 3625 Highway Xerox Phaser Printer-6200 DR plus toner/ink 4160 IT Grinch Costume n/a General Desk, 2-credenzas-black metal n/a Building&Grounds 3-Cisco System Switches n/a IT Baracuda Content Filter n/a IT Baracuda Spam&Virus Filter n/a IT REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 68 Dell Vostro Computer 260 9103 IT Dell Inspiron Laptop PP05L 9118 IT Dell Server-PowerEdge 2600 4161 IT Dell Server-PowerEdge 600sc n/a IT Dell Server-PowerEdge 1800 4275 IT Dell Server-PowerEdge 840 4304 IT and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items, and 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 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 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION TO AMEND 2015 BUDGET RESOLUTION NO.: 385,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 69 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 2015 Town Budget as follows: From To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance Recovery $459 Increase Appropriation 001-1620-4400 Misc Contractual 459 Duly adopted this 2"d day of November, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish FINAL ORDER APPROVING EXIT 18 OVERLAY WATER DISTRICT EXTENSION NO. 50 TO QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.: 386,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to form the Exit 18 Overlay Water District Extension #50 to serve three (3) parcels not within the Water District or wholly within such District, but where Town water service currently exists to serve or benefit such properties in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed Water District Extension No. 50 has been prepared by The Chazen Companies, and WHEREAS, water mains and fire hydrants currently exist to serve the three (3) parcels proposed for inclusion in the District and therefore, no new capital improvements are required to serve any of the parcels proposed for inclusion in the District, as more specifically set forth and described in the Map, Plan and Report, and REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 70 WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water District Extension No. 50, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and distribution system capacity, and WHEREAS, by Resolution No.: 304,2015, the Queensbury Town Board performed the State Environmental Quality Review Act (SEQRA) review for the proposed Water District Extension No. 50, determined that it would not have a significant effect on the environment and issued a Negative Declaration, and WHEREAS, on August 17t1i 2015, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extension No. 50; (b)the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Water District Extension No. 50 to the typical property; (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; (g)that all expenses of the Water District Extension, including all extensions, shall be a charge against the entire Water District Extension; and (h) the time and place of a public hearing on the proposed Water District Extension No. 50, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the New York State Comptroller's Office, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the estimated annual cost of the Water District Extension No. 50 to the typical property were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, on September 14t1i 2015, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension, considered the evidence given together with other information and adopted Resolution No.: 305,2015 determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) it is in the public interest to establish, authorize, and approve the Water District Extension No. 50 to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; (c) all property and property owners within the Water District Extension No. 50 are benefited; and (d) all benefited property and property owners are included within the limits of the Water District Extension No. 50; subject to permissive referendum REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 71 in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution; and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk; and WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law §209-f; and WHEREAS, the Town Board wishes to establish the proposed Water District Extension No. 50 in accordance with Town Law Article 12-A and intends to consider consolidating the Water District Extension No. 50 with the Queensbury Consolidated Water District in the future, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Town of Queensbury Consolidated Water District Extension No. 50 be established as described in the Map, Plan and Report and the improvements described in the Map, Plan and Report be constructed and the service within the Water District Extension No. 50 be provided upon the required funds being made available or provided for; and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be filed in the office of the State Department of Audit and Control in the time and manner required by law; and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this Order. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION NO. 50 RESOLUTION NO.: 387,2015 REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 72 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination "shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the districts," and WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly established by the Town Board and has been expanded by several extensions over the past 30 years, and WHEREAS, occasionally, individual property owners outside the QCWD but with Town water supply in the immediate vicinity have wished to receive water from the District and have been purchasing water under contract with the Town as out-of-district users, and WHEREAS, by Final Order dated November 2"d 2015, the Town Board established the Exit 18 Overlay Water District Extension No. 50 to the QCWD to serve three (3) parcels not within the Water District or wholly within such District, but where Town water service currently exists to serve or benefit such properties ("QCWDX"), and WHEREAS, water mains and fire hydrants currently exist to serve the three (3) parcels proposed for inclusion in the QCWD and therefore, no new capital improvements are required, and WHEREAS, the Town Water Superintendent has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and the QCWDX into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a Consolidation Agreement to commence proceedings to consolidate Districts, and WHEREAS, Town Counsel and the Town Water Superintendent have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby endorses the proposed Consolidation Agreement. REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 73 2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, December 21St, 2015 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other and further action as may be required or authorized by law. 3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to: A. cause a copy and a summary of the Agreement to be displayed and readily accessible to the public for inspection in a public place within each District; B. cause a copy and a summary of the Agreement and a reference to the public place where they may be examined to be displayed on the Town's website; and C. arrange for the summary of the Agreement and a reference to the public place where the Agreement may be examined to be published at least once each week for four successive weeks in the Post Star, not more than five (5) business days after adoption of this Resolution, as required by the New York General Municipal Law. 4. The Town Board further authorizes and directs the Queensbury Town Clerk to cause a Notice of the Public Hearing, including a summary of the Agreement and a reference to the public place where it may be examined, to be published and displayed on the Town's website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law. 5. The Town Board authorizes and directs the Town Supervisor, the Town Water Superintendent, the Town Clerk and/or Town Counsel to take all actions necessary to effectuate this Resolution. Duly adopted this 2"d day of November, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING REIMBURSEMENT OF SEPTIC PUMP- OUT COSTS TO PROPERTY OWNERS WITHIN NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. I - DUNHAM'S BAY RESOLUTION NO.: 388,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 74 SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 407,2014, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the North Queensbury Wastewater Disposal District No. 1 —Dunham's Bay, and WHEREAS, by Resolution No.: 327,2015, the Town Board adopted the North Queensbury Wastewater Disposal District No. 1 — Dunham's Bay - Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and WHEREAS, the Town Board wishes to authorize the reimbursement of septic pump-out costs up to fifty-percent (50%) of such cost including any applicable sales tax each year for an amount up to $150, to one-third (1/3 rd) of the property owners within Wastewater Disposal District No. 1 —Dunham's Bay, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the reimbursement of septic pump-out costs up to fifty-percent (50%) of such cost including any applicable sales tax each year, for an amount up to $150, to one-third (1/3 rd) of the property owners within Wastewater Disposal District No. 1 — Dunham's Bay, to be paid for from Misc. Contractual Account No.: 053-8130-4400, 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 2nd day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION APPROVING AUDITS OF BILLS WARRANTS OF OCTOBER 23P-D AND NOVEMBER 3P-D, 2015 RESOLUTION NO.: 389, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 75 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of October 23rd and October 29th, 2015 and payment dates of October 23rd and November 3rd, 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of October 23rd and October 29th, 2015 and payment dates of October 23rd and November 3rd 2015 totaling $2,203.18 and $775,821.69 respectively, 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 2nd day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TRUCK FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 390, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board he wishes to advertise for bids for the purchase of a 2015 or newer Ford 150 extension cab 4x4 truck as will be described in bid documents/specifications to be prepared by the Highway 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 meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 76 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town of Queensbury Purchasing Agent to publish an advertisement for bids for the truck described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SCHEDULING PUBLIC HEARING ON LOCAL LAW NO. _ OF 2015 INCREASING SALARY OF TOWN CLERK FOR 2016 FISCAL YEAR RESOLUTION NO.: 391,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board believes it would be in the best interests of the Town to increase the salary of the Town Clerk to an amount in excess of the amount specified in the notice of public hearing on the Town's preliminary budget which was duly published pursuant to Town Law §108, and WHEREAS, Town Law §27 authorizes the Town Board to increase the salary of certain elected officials of the Town, including the Town Clerk, to an amount in excess of the amount specified in the notice of public hearing on the preliminary budget for not more than one fiscal year by adoption of a Local Law pursuant to the Municipal Home Rule Law, and WHEREAS, proposed Local Law No. of 2015 has been prepared which would accomplish this change, and REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 77 WHEREAS, under Municipal Home Rule Law §20, no Local Law may be passed until a Public Hearing has been held, 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, November 16'h 2015 to consider proposed Local Law No.: of 2015 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No.: of 2015; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. of 2015 in the manner provided by law. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION AUTHORIZING AMENDMENT OF AGREEMENT WITH TYLER TECHNOLOGIES, INC. CONCERNING INCODE CONTENT/DOCUMENT MANAGEMENT SUITE RESOLUTION NO.: 392, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 263,2014, the Queensbury Town Board established the Incode/Energov Computer Software Capital Project Fund #204 and authorized the purchase of the Incode and Energov software and provision of Project Implementation services by Tyler Technologies, Inc. for an amount not to exceed $208,690, and WHEREAS, due to certain changes in the Energov software capabilities and in order for the Town's Community Development Department to use the new system to the fullest extent, a change to the Project is necessary, and WHEREAS, the Town Board wishes to authorize an Amendment to Tyler Technologies, REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 78 Inc.'s original August 8, 2014 proposal to provide for such changes, in accordance with Tyler Technologies, Inc.'s Amendment to Contract No. 2014-0194 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Amendment to Contract No. 2014-0194 with Tyler Technologies, Inc., substantially in the form presented at this meeting BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Amendment(s) and any other necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all terms of this Resolution, and Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION AUTHORIZING AGREEMENT WITH LASERFICHE/GENERAL CODE TO ENHANCE CAPABILITIES OF ENERGOV SOFTWARE RESOLUTION NO.: 393, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 263,2014, the Queensbury Town Board established the Incode/Energov Computer Software Capital Project Fund #204 and authorized the purchase of the Incode and Energov software and provision of Project Implementation services by Tyler Technologies, Inc. for an amount not to exceed $208,690, and WHEREAS, due to certain changes in the Energov software capabilities and in order for the Town's Community Development Department to use the new system to the fullest extent, a change to the Project is necessary, and WHEREAS, the Town Board wishes to authorize an agreement with Laserfiche/General Code to implement programs which will allow the Energov software to share information with REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 79 the Town's current document management system, Laserfiche, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Agreement with Laserfiche substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board approves the amount of $25,000 to be transferred from the General Fund's Capital Reserve (#64) to Capital Project #204 and authorizes and directs the Town Budget Officer to take all actions necessary to amend the budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement and any other documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all terms of this Resolution, and Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION SCHEDULING PUBLIC HEARING ON QUEENSBURY PARTNERS, LLC'S APPLICATION FOR FOWLER SQUARE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 394, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Queensbury Partners, LLC submitted an application dated August 17, 2015 to the Queensbury Town Clerk's Office for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development" and the application was reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for PUD are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-12-050 of the Town Zoning REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 80 Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the requested PUD, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA)to consider potential environmental impacts, and WHEREAS, by Resolution No.: 329,2015, the Town Board forwarded the PUD application to the Queensbury Planning Board for report and recommendation and consented to the Planning Board acting as Lead Agency for SEQRA review of this project, and WHEREAS, on or about October 20th and 27th, 2015, the Queensbury Planning Board adopted Resolutions recommending to the Town Board as favorable the application for PUD Zoning and reaffirming its previous SEQRA Negative Declaration for the PUD, and WHEREAS, on or about October 22"d 2015, the Warren County Planning Department reviewed the Project and recommended"No County Impact," and WHEREAS, before the Town Board may amend, supplement, change or modify its Ordinance and Map to create a PUD, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, November 16t1i 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the proposed application by Queensbury Partners for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development," on property bearing Tax Map No.: 289.19-1-23 through 35 and located at the corner of Bay and Blind Rock Roads, Queensbury,New York, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's official newspaper and posting the Notice on the Town's bulletin board in accordance with Queensbury Town Code §179-15-070 and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 81 RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk's Office with a list of the names and addresses of the owners of all property located within 500' of the area to be designated as a PUD District for the Town Clerk's use in sending the Notice of Public Hearing to such property owners as required, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and the Laws of the State of New York. Duly adopted this 2"d day of November, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish 5. CORRESPONDENCE—NONE 6. PRIVILEGE OF THE FLOOR MR. CHRIS NAVTISKY, Lake George Waterkeeper, spoke on behalf of the Board of Trustees and thanked the Town Board and Town Highway Department with their assistance with the Annual Milfoil project. Gave summary and update on the project noting that in Harris Bay, thirteen thousand six hundred (13,600) pounds of milfoil was removed, in Warner Bay, twenty-two thousand three hundred (22,300) pounds of milfoil was removed and in Dunham's Bay, eleven hundred(1,100)pounds was removed. MR. SALVADOR-Questioned the status of the transfer law. SUPERVISOR STROUGH-Noted that Town Counsel will be reviewing it and hopefully it will be on November 18th workshop for a discussion item. MR. SALVADOR-Spoke regarding the connection between sewer variances and the milfoil issues on Lake George. MR. JIM MACKEY-Spoke regarding County issue involving the County Administrator. MR. CHRISTOPHER LYNCH-Thanked the Town Board on the vote involving the Critical Environmental Area. Spoke regarding the sewer variances on Lake George and how it affects the milfoil issue. Spoke regarding the County issue involving the County Administrator. 7. TOWN BOARD DISCUSSIONS WARD I—COUNCILMAN METIVIER • Election Day tomorrow REGULAR TOWN BOARD MEETING, 11-02-2015,MTG 434 82 • Met with a group prior to this board meeting to discuss septic transfer law and they were not in favor of it. WARD H—COUNCILMAN CLEMENTS • Was on vacation in Florida but it was great to come home, Queensbury is a great place to live. WARD IV—COUNCILMAN VANNESS • Water and Sewer approvals for the Main Street/Corinth Corridor tonight will hopefully encourage new business and growth in that area. • Dixon Road Culvert bill was a one hundred and seventy-nine thousand, two hundred seventy-nine dollars($179,279.00), a lot less than the original monies we had to plan for it. SUPERVISOR STROUGH • Proposal Number One on the ballot tomorrow which is the Volunteer Fire Fighter Service Award program. • Vacancy on Town Judgeship, anyone in interested in position submit a letter of interest and resume. • Email received recognizing and thanking the following town employees: Teri Ross, Town Assessor, John O'Brien, Building & Zoning Enforcement Officer and Kate Deck, Clerk from Building and Codes. • Email received from the Warren County Historical Society thanking Chuck Rice, Director of Building & Grounds for recent renovations done on building which will help to preserve and protect the society's valuable collection of historical materials. • Recognized Osprey Nest at Rush Pond. • The Building & Grounds purchase of salt through the County Efficiency Plan saved the town four hundred dollars($400.00) • Read all the various programs being offered through the Queensbury's Parks & Recreation Department and noted that the Winter Brochure is out, a job well done. • Queensbury's Parks & Recreation Department will be hosting food drive November 9u' through November 13th to benefit the Open Door Mission in Glens Falls. COUNCILMAN VANNESS noted that he went to West Mountain today to tour their building and all the recent work and they are getting ready to open the kitchen and restaurant. The work they have done there is absolutely phenomenal and it's going to be a really nice ski area. SUPERVISOR STROUGH noted that he has his skis all ready to go when snow arrives. Thanked the Town sponsors, Look TV and StoredTech. RESOLUTION TO ADJOURN REGULAR TOWN BOARD MEETING RESOLUTION NO.: 395,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 2"d day of November, 2015 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. VanNess NOES: None REGULAR TOWN BOARD MEETING, 11-02-201 ,MTG 434 83 ABSENT: Mr. Irish RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY