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2016-10-17 MTG#32 REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 730 REGULAR TOWN BOARD MEETING MTG#32 OCTOBER 17TH, 2016 RES#343 7:01 P.M. B. H. 33 LL #7 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS WATER SUPERINTENDENT, CHRIS HARRINGTON PRESS POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS SUPERVISOR STROUGH-Opened meeting. RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 343, 2016 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 17th day of October, 2016, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING— SEWAGE DISPOSAL VARIANCE OF SALVATORE AND KATHY ERVOLINA PUBLICATION DATE: OCTOBER 7, 2016 AGENT DENNIS MACELROY, P.E., ENVIRONMENTAL DESIGN PARTNERSHIP AND SALVATORE ERVOLINA PRESENT PUBLIC HEARING OPENED MR. MACELROY-This property is located on the east shore of Dunham's Bay off of Route 9, L. The Ervolinas would like to replace their existing system that is old and antiquated and not compliant to standards. What we are proposing is the use of a Clarus Fusion Treatment Unit, which takes the place of a septic tank. It provides secondary level treatment for dispersing to the absorption field. We are proposing...a Clarus Unit, a pump tank, and a new absorption field. It is the absorption field that doesn't meet the standard of the one hundred (100) foot setback. This is where the variance comes into play. As you had indicated it involves a working...of relief for REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 731 the hundred foot (100) standard. Based on the physical features of the property this is the best and only location that really is feasible. The mitigations of the fact that is not a hundred feet (100) is the fact that we are proposing the...to treat the system. Clarus Fusion is a system is the technology that has gained what it is referred to as the NSF Forty Certification. NSF is a National Sanitary Foundation. A third party testing organization that has different treatment technologies they document and certify that they meet the standards that are proposed for that level forty (40) certification. The Clarus Fusion is one of those things. That is what we are proposing in this case. The technology is relatively new to our area it is technology that has come from the United States from Japan. It has quite a history of usage in Japan. It has been in the United States for a while. It is operated through Zoeller Company. They are the United States representative of that technology. It is relatively new to the Lake George area, but one of the technologies that are being used there. There are probably six or seven other Clarus Systems that have already been permitted and installed just in this Dunham's Bay area. It just so happens that the property right next door has that and one that I was involved in. SUPERVISOR STROUGH-The Clarus System the pretreatment system does have its supporters. I mean the quality of water going to the absorption field is much greater quality than usually transmitted to an absorption field. Some said it is practically drinkable. I don't know if I would go there, but I get the point. MR. MACELROY-The treatment in a conventional system, septic tank effluent is dispersed to the soil and the soil does the remaining treatment. In these areas where we have marginal soil conditions it is appropriate to provide additional treatment and its done pre dispersal so the Clarus System does this additional treatment before you then disperse it to the soil. So you are expecting less requiring less in that natural soil condition. SUPERVISOR STROUGH-Town Board thoughts, questions, before we go to a public hearing? If you can stay a minute and let me see if there is any member of the public that wants to speak to this. If they do I will ask you to please have a seat. Let them speak. Then I may call you back for answers to their questions. I will open the public hearing on this application. RON BALL, QUEENSBURY-This system that they want to use. I read a little bit about it I don't know an awful lot. What is the recommended size for the unit for say, a three (3)bedroom home are there standards for it? Are there already sizes of it or one fits all? SUPERVISOR STROUGH-There are sizes. I will get clarification from Engineer MacElroy. MR BALL-The reason why I ask is sometimes it is not a bad idea. Sometimes they will overbuild their septic systems along the lake. When they overbuild them say like, if this is set up for a three bedroom home and it's only a two (2)bedroom maybe they may add a third (3rd) bedroom, too afterwards. The hardest thing to get is an approval for a septic system on the lake. If you want to build a bigger home a lot of times they won't give it to you because your septic system doesn't allowed enough runoff for that size home that is there. The reason why I ask is sometimes they manipulate the system. In they will want to apply for a bigger system than what is really required so later on they can build a bigger home there. That is all I am asking. I think people should do their homework. When it is built will it set above the ground or is it in the ground? Sometimes you see where along the lake especially a lot of rock and what not. They could bring in a lot of other fill to get what you are looking for. So you see these mounds. They build these huge mounds to help with the system. Which, is alright but sometimes they look out of place, too. Those are the only questions I was going to ask. Thank you very much. SUPERVISOR STROUGH-I will ask your three (3) questions to the applicant. Any other member of the public wish to speak to this application? ROBERT SCHULTZ, QUEENSBURY-Do we know the quality of the water of Warner Bay? SUPERVISOR STROUGH-Warner Bay? MR. SCHULTZ-Well the bay here. SUPERVISOR STROUGH-Dunham's Bay. REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 732 MR. SCHULZ-Dunham's Bay. Do we know the quality of the water there now? What is the state of the art of these monitoring systems that can monitor the flow if any from the system to the water? Do they have sensors? What is the state of the art? SUPERVISOR STROUGH-If I understand your question. I believe that your question is do we monitor the water that goes from the infiltration bed as it reaches the lake. No we don't. MR. SCHULZ-Okay. SUPERVISOR STROUGH-There are tests and indicators that we can do. I think you can with some reliance assure that this system is probably is better than the one that is there in terms of protecting the quality of the lake. Any other member of the public wish to speak, seeing none, will the applicant and the applicant's agent please return to the table. SUPERVISOR STROUGH-Mr. Ball asked three (3) questions. First, of all are there sizes that come with this system? MR. MACELROY-Yes. This is the Clarus Fusion 450, which is the system that is adequate for four hundred and fifty (450) gallons a day that is the significance of that number. There is another model Fusion 800, which would be adequate for up to seven (7) bedrooms. The Ervolina's home is three (3)bedrooms so that fits nicely with the Fusion 450. SUPERVISOR STROUGH-So they have ranges and categories. MR. MACELROY-Correct. SUPERVISOR STROUGH-The four fifty, I guess that would it that bigger than what Mr. Ervolina needs? MR. MACELROY-It is adequate for four hundred and fifty (450) gallons a day, which is basically equivalent to a four bedroom .... A hundred ten (110) gallons per bedroom based on water saving fixtures. SUPERVISOR STROUGH-They don't make a system that is three (3) bedroom, four (4) bedroom, five (5) bedroom? MR. MACELROY-Correct. SUPERVISOR STROUGH-They have a certain range. In this case the Clarus System fits up to four (4) bedrooms at one hundred and ten (110) gallons per day. Okay. MR. ERVOLINA-It is the smallest size. SUPERVISOR STROUGH-It is the smallest size they have. MR. MACELROY-Correct. SUPERVISOR STROUGH-Above ground or in ground he would like an explanation of this? MR. MACELROY-The dispersal area will be sort of a mix of that primarily of both it will be raised the supplemental soils. Those of you who saw the site it will be built somewhat into the slope. COUNCILMAN IRISH-You will never see this from the lake. COUNCILMAN VANNESS-You will never see this this from the road or from the lake, either one. REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 733 MR. MACELROY-The purpose is to provide supplemental soil to blend with the existing native soils, which there were. We did test pits to document that. It is very common for the raised system to be that way. SUPERVISOR STROUGH-The Clarus Unit itself would be below ground? MR. MACELROY-Correct. SUPERVISOR STROUGH-Any Town Board members have any additional questions, concerns, thoughts? COUNCILMAN VANNESS-Doug and I went out and looked at it. As Ron said, some of the mounds you can see after these are put in kinds of stand out. We guarantee we had to put Doug's truck in four wheel drive to get down to it so you won't see it from the road or lake. It won't be an eyesore by any means. SUPERVISOR STROUGH-Thanks. Seeing as there are no more questions on behalf of the Board is there a motion to approve? I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SALVATORE AND KATHY ERVOLINA'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 33,2016 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish WHEREAS, Salvatore and Kathy Ervolina filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace their existing waterfront wastewater system with the absorption field of such new system to be located 86' from the lake shoreline instead of the required 100' setback on property located at 11 Grey Ledges Drive, 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 request on Monday, October 17`h,2016, 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 734 hardship found by the Local Board of Health to affect the applicants, and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Salvatore and Kathy Ervolina for a variance from the Sewage Disposal Ordinance to replace their existing waterfront wastewater system with the absorption field of such new system to be located 86' from the lake shoreline instead of the required 100' setback on property located at 11 Grey Ledges Drive, Queensbury and bearing Tax Map No.: 239.16-1-3, 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 17th day of October,2016,by the following vote: AYES Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough,Mr.Metivier NOES None ABSENT:None PUBLIC HEARING-SEWAGE DISPOSAL VARIANCE OF ROBERT MULHOLLAND PUBLICATION DATE: OCTOBER 7,2016 PRESENT AGENT TOM CENTER, NACE ENGINEERING. ROBERT MULHOLLAND TOM CENTER, NACE ENGINEERING-This is an existing failed septic system a four bedroom house. We are proposing a twenty by thirty five foot absorption bed in the area of the existing system. We will be taking out the existing system that failed. Plus the existing pump station, and septic tank. Everything will be removed and replaced. The new pump station and the new septic tank will be one piece units as when we met with Mr. VanNess and Mr. Irish up to the site. We know that there is probably a ground water issue the closer we get down towards the house. In order to protect the septic tank and pump station the final plans will have it on that both of those will be one piece tanks. You can assure we do not want any issues with groundwater. We are requesting two variances. One thirty two (32) feet from the wetland to the edge of the fill of the system the system itself will be actually be further away. Since we are changing the grade there and creating a level area and swales around it to take the runoff because we sit lower than the existing road to our west. We want to make sure that the storm water is directed around this system. Then the second variance request is for three (3) feet from the west property line to the tow of the slope. The actual system, again is further away from that property line. Then we have a hundred and three (103) feet to the shoreline at the closet point. A hundred feet (100) feet to the well and a hundred and nineteen (119) feet from the stream to the east so we meet all of those requirements. It is a straight forward design remove and replace the existing system. REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 735 SUPERVISOR STROUGH-Any questions from the Town Board before I opened the public hearing? COUNCILMAN VANNESS-We did go up and see it. I did have some concern about the thirty two (32) feet from the wetland. Tom walked us through it and I agree with you John. As you looked at it there really wasn't any sign of wetlands. I understand that the Army Core of Engineers. I understand the DEC. The way they map out wetlands and they give themselves.... MR. CENTER-The wetlands are actually going south and come up towards the Metivier property there. COUNCILMAN VANNESS-It is actually across the road from where the wetland... MR. CENTER-It is actually across the street and storm water is directed away. Nothing will go from this site towards there. It goes down along the property line. MR. VANNESS-Okay. SUPERVISOR STROUGH-There are members of the public that wish to speak so if you would have a seat for a minute. I will probably call you back up to answer some of their questions. FLORENCE CONNOR, 6 HOLLY LANE, QUEENSBURY-I am very pleased that the Mulholland's have moved in. We are very happy to have good neighbors with some children. I am coming as a person who wants to be positive. I am not being negative just offering information. I have lived there since I was ten (10) years old. I feel that I know a little bit more about Sandy Bay than maybe someone else. I think I have been there the longest. I am sure the Mulholland's bought the property because they love the Sandy Bay. They love the swimming area; it is so clean. It didn't get that way by chance. The neighbors who live there believe me have maintained that property the water property for many many years. We make sure that the milfoil doesn't come in and we do the best we can do to maintain. I think that sometimes we look at those wetlands and say, oh that they are not there, but they are there. The wetlands have a great deal to do with that Sandy Bay. I'm just proposing that the Mulholland's do consider thinking about a different kind of system. I am only familiar with the system that Dennis spoke about. There may be others, too. I feel that once they put in their system, it is a very large system. Their property if you look at their house, again I am a positive person; I am glad that they are there. If you look at their house and their property there is very little absorption room on their property. The house takes up a great deal of room. There is a lot of blacktop. The road goes down beside the house. The road goes behind their property. So, right there you have runoff. It goes nowhere, but off down into the area that we are calling a poor wetland. In the spring the wetlands there fills. The water gushes out of that little stream. It fills the bed. The bay becomes very mucky looking. In the summer, and also fish will go. If you go near the end of the bay or the stream, you will see maybe fifteen (15) fish there bass eating whatever is coming out of that gushing stream. It is amazing to see. The other thing is in the summer the rains come and then the water streams out quite strong. At that point the bay also becomes I will call it dirty. It is not dirty it has...from this wetland. If you swim in that area at that time you come out and you dry your bathing suit and you smell it smells like a wet dog, so that's fine. However, that means that the wetlands are having an effect on the bay. Let me see what else I don't want to miss anything. During the summer if it rains duckweed will come right out and float across the bay and go off into the lake. That does prove that the wetlands are affecting the bay. Also you will get a green hairy slimy stuff. The Roberts who live next door to me and myself go out and we ward off these things. We literally have kept the bay clean. The Mulholland's wouldn't know that because they are brand new and they see it already clean. I am just saying, are there alternative things? Could they think of something else? Their property all goes downhill. No matter what comes out of their system is going to go downhill. One of the things they say is going to go downhill into the lake and that's fine because it has a hundred (100) feet. If your property is up in the air and it goes downhill on all sides, I am not an Engineer wouldn't it go down in all directions and some of it go to the wetlands? I have one other thing that may be of help to them. I did my homework. I got the map out. I looked at everything. You don't have a catch basin. On the Hall's property there is a catch basin nine (9) feet from the stream and eleven (11) feet from the road. It is one of those round things with holes REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 736 in the pipe that goes down underneath then there is a grate over the top. It is identical to the one that is up on Holly Lane. The reason I am mentioning it is.... SUPERVISOR STROUGH-Can I ask you a question? MRS. CONNOR-Yes. SUPERVISOR STROUGH-There is a catch basin on Hall's property? MRS. CONNER-Yes. SUPERVISOR STROUGH-Where is Hall? MRS. CONNOR-Hall is to the east of the Mulholland's. The only reason I am mentioning that is because I haven't seen Bob to tell him or Rob. That might have an effect on whether you will allow him to have the well there. I don't know what catch basins do. There is water in that basin right now. The one on Brayton Lane on Holly Lane is dry. That one is literally the level of the lake. SUPERVISOR STROUGH-I will let the Engineer speak to some of your concerns. MRS. CONNOR-I think that is it. Again, whatever you choose, I know you will choose something that is the most positive for the lake. SUPERVISOR STROUGH-Thank you, Mrs. Connor. RON BALL, QUEENSBURY-The last young lady that was here. I think she was talking about Sandy Bay? COUNCILMAN VANNESS-It is not Sandy Bay. It is right off the Association; you would know where it is Ron. It is off the Association as you come into Harris Bay off to your right. It is a very sandy bay. COUNCILMAN METIVIER-It is in Harris Bay. COUNCILMAN VANNESS-It is just north of Grasso's. COUNCILMAN METIVIER-It is behind what's that island? COUNCILMAN VANNESS-The same bay that Cantanucci is in. MR. BALL-Everybody knows where he lives. The reason why I am asking this is because she stated that she was ten (10)years old when she first went to the home she is in, camp whatever. I am just curious has her septic tank ever failed? Has she ever replaced her septic tank? If she has what kind of tank did she use? Everybody wants to protect the lake, no doubt. It is a big issue the septic running into the lake. The further away you keep them the better off you are. The homes that are already there so let's build the best septic system you could possibly build. ...existing land that is there to do it. He said he was going to put a tank in. The lady said it was an enormous big tank. Maybe it is over the size of what is needed for the house. I got issues with that. I think a lot of times what they are trying to do is to expand on your building there. The first step would be to have a reasonable tank put in there that would take care of a larger home. The person before said the smallest system that they could get for four hundred and fifty (450) gallons. Now wait a minute. I know there are a lot of other septic systems that you can get and put in there. That is for a three (3) bedroom home. Not necessarily that is just what he wants, okay. Is the reason why he went with that system is because it is going to allow for a four(4) bedroom home and they don't build anything smaller? I don't know, okay. SUPERVISOR STROUGH-I went on line. It is the smallest system. MR. BALL-Okay. REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 737 COUNCILMAN METIVIER-Ron the reason they chose that system is the property that they live on could not have done any other system where they were at all. MR. BALL-Fair. I didn't see the property, but... COUNCILMAN VANNESS-It is one of the top of the line systems Ron. It is like John said; I don't know if I would go as far as saying, I would drink it. When that water comes out of there it is real close to being clean water. It is one of the best systems that is out there today for it. MR. BALL-It has got to be because it is made by Japan and Company subsidiary of Korea. I just think there are so many homes now on the lake that are putting their septic in and then bingo they tear the place down up goes a bigger structure. That is what really hurts the lake. I know all the older homes are small. I like them myself. COUNCILMAN IRISH-Hurting it from a clarity standpoint or just from an aesthetic standpoint? MR. BALL-Where is the runoff going? Like the woman said, half the property is blacktopped. Where is the runoff going to go? It has to go someplace? I don't have the answers. I wish somebody would look into it a little bit deeper. SUPERVISOR STROUGH-Thank you Ron. Anyone else like to speak to this application? Seeing none would the applicant and the applicant's Engineer return to the table. Mrs. Connor was a little bit concerned about it being adjacent to the wetland. As, she pointed out and we know we did a site visit it is on the slope. Gravity works pulls the water down and parallel the groundwater follows the terrain so those are all some givens. Feel free to make a comment to that if you wish. MR. CENTER-This having the road in between the wetland and the system it is very compact soils. It is very unlikely that the effluent is going to go through the soil and down in the direction of the wetland to the south. The system that we chose and the design that we chose allows us to have additional fill material between the edge of the absorption system and the retaining wall and soil on either side of the retaining wall as we grade back down to provide the new soil to get into the ground into the existing ground that is there. The system is actually sized to the existing soils. It is the smallest system that we could put it for the number of bedrooms that we have. We designed everything with that in mind that we have this soil on either side. That is why the setback distances are from the edge of the tow of the slope as opposed to the edge of the system itself. The system itself is actually further than a hundred and three (103) feet from the shoreline. Like we spoke out in the field, normally when we have those setbacks we don't go with the enhanced treatment systems. We go with the soil that are there. We are bringing in new soil on top of that and providing additional filtering before it hits the existing soil. Again, it is an improvement over the existing system; you were out there yourselves. Actually when Mr. VanNess and Mr. Irish were out there, Mr. Mulholland has already started to do some landscaping around the house in preparation to put in rain gardens and storm water devices in the front and the side of the house to take care of some of the runoff. That's what we have discussed things that he can do as a homeowner that is in the Water Keepers Guide for landscaping. As he gets into this process that money is much better well spent on some of those storm water devices than going into a fusion treatment system when we have the separations to the lake. We were going along those lines of being able to do some of those storm water control devices, which he can do on his own so that has already started. SUPERVISOR STROUGH-She also expressed concern about the well being located next to the catch basin. MR. CENTER-The catch basin is on the opposite of the stream the stream, which takes runoff directly from the road right into the lake. There is catch basin it has a .... on it. It says the brim is three twenty one point four (321.4) that is the location of that. That doesn't impact the well at all. The well will be drilled, encased and drilled into rock and grounded fifty plus (50) in below grade. As far as the influence from surface groundwater, there will be none. SUPERVISOR STROUGH-The catch basins, they are meant to catch settlement. REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 738 MR. CENTER-Correct. It is in a long area on top of that. It is not right in the road or at the edge of the road. It is in the grass area so it does get some treatment.... SUPERVISOR STROUGH-She asked if you considered other kinds of systems. MR. CENTER-We did. Again, the existing system that was there lasted for many years. Pipe and stone we have our separation dimensions. We are pumping effluent up to it, which will disperse across the whole area rather than gravity. It is considering the site, location, and the soils were the best system for this location. SUPERVSISOR STROUGH-The pumping system that you are putting into it is it measured? MR. CENTER-Yes. It is measured to seventy five (75)percent of the pipe size in the field. It will send an entire dose up to the field, which will disperse. It uses the entire area rather than say a gravity system, which goes in the beginning and doesn't get further.... SUPERVISOR STROUGH-It can experience peaks and get overwhelmed if the system. MR. CENTER-It has an alarm system on the pump station that will shut the water value. It will have an alarm that will say when it gets to a certain level it will have a light alarm. Then if it gets up to the emergency alarm stage it will have a solenoid valve on the water line, which will shut everything off. A horn will go off. Nothing will be able to go in and nothing will be able to go out. SUPERVISOR STROUGH-Mr. Ball also asked about the size of the system and the filtration bed. How many bedrooms is it? MR. CENTER-The house is four(4) bedrooms and the system is designed for four (4) bedrooms. SUPERVISOR STROUGH-Not more or less just four(4). MR. CENTER-The septic tank is sized for four (4)bedrooms, which is twelve hundred fifty (1,250)that is the minimum for a house this size. MR. VANNESS-I think the other thing John is we had asked when we went out there was a question on whether they were going to go with a two piece tank or one piece tank. I had mentioned to you Tom that I strongly favored the one piece tank. It gives a lot less chance of leakage. The two piece tanks are pretty good, but so is the one piece. It is solid. It doesn't have an opportunity to go anywhere. I am glad to see that you did go with the one piece tank. COUNCILMAN METIVIER-Is there a smaller tank than a twelve fifty? MR. CENTER-A three (3) bedroom home is a thousand gallon (1000) tank. A four(4) bedroom home is twelve fifty (1250). COUNCILMAN METIVIER-Just curious. COUNCILMAN IRISH-You said that you will update these plans to reflect that. MR. CENTER-The final plans will show the one piece septic tank. COUNCILMAN IRISH-I think we asked you this when we were up there. There is no intention to do anything different with asphalt as far as driveway or expanding the driveway or anything. MR. CENTER-Not at this time. PUBLIC HEARING CLOSED RESOLUTION APPROVING ROBERT MULHOLLAND'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 739 RESOLUTION NO.: BOH 34,2016 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Robert Mulholland filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace his failed septic system with a new septic tank,pump station,new absorption bed and relocated drilled well,with: L the absorption bed of such new system to be located 32' from the wetland to the south instead of the required 100' setback, 2. the absorption bed fill of such new system to be located 3' from the west property line instead of the required 10' setback, on property located at 23 Brayton Lane, 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, October 17`h,2016, 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 3. 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 4. 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 Robert Mulholland for variances from the Sewage Disposal Ordinance to replace his failed septic system with a new septic tank, pump station,new absorption bed and relocated drilled well,with: 1. the absorption bed of such new system to be located 32' from the wetland to the south REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 740 instead of the required 100' setback, 2. the absorption bed fill of such new system to be located 3' from the west property line instead of the required 10' setback, and 3. one-piece tank construction, on property located at 23 Brayton Lane, Queensbury, and bearing Tax Map No.: 239.12-2-65, 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 17th day of October,2016,by the following vote: AYES Mr.Irish,Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Clements NOES None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF TRSB ENTERPRISES, LLC/TOM ROSECRANS RESOLUTION NO.: BOH 35,2016 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, TRSB Enterprises, LLC/Tom Rosecrans (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, §136-11(A), which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install two 2,500 gallon temporary sanitary sewer holding tanks for REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 741 its facility currently being constructed at 54 Carey Road in the Carey Industrial Park in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday,November 7`h, 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider TRSB Enterprises, LLC/Tom Rosecrans' sewage disposal variance application concerning property located at 54 Carey Road in the Town of Queensbury(Tax Map No.: 308.20-1-3.5) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 17th day of October,2016,by the following vote: AYES Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Irish NOES None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO: BOH 36, 2016 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 17th day of October, 2016, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) JOHN SALVADOR, QUEENSBURY-Spokeregarding Resolution Authorizing Transfer of Funds from Undesignated General Fund Balance To Replenish Capital Reserve 464 and Resolution Authorizing Application to State Comptroller for Permission to Establish the Carey Road Sanitary Sewer District. TRAVIS WHITEHEAD, QUEENSBURY-Spokeregarding Resolution Authorizing Transfer of Funds from Undesignated General Fund Balance to Replenish Capital Reserve 464. BOB SCHULZ, QUEENSBURY-Spokeregarding Resolution Authoring Application to State Comptroller for Permission to Establish the Carey Road Sanitary Sewer District. Presented to REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 742 the Board members a Petition for Redress of Grievances Regarding the Proposed Carey Road Sanitary Sewer District. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF $1,250 DONATION FROM NORTHWAY CHRISTIAN FAMILY CHURCH RESOLUTION NO.: 344,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Northway Christian Family Church has offered to donate $1,250 to the Town of Queensbury to support the efforts of the Town of Queensbury in meeting Town residents' needs, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents, and therefore wishes to approve and authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in accordance with New York State Town Law §64(8),hereby approves and accepts the $1,250 donation from the Northway Christian Family Church, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation in such account she deems appropriate, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a certified copy of this Resolution to the Northway Christian Family Church with a letter from the Town thanking the Church for its generosity. Duly adopted this 17`h day of October,2016,by the following vote: AYES :Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 743 ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH CAPITAL RESERVE #64 RESOLUTION NO.: 345,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 400,2015, in order to comply with the requirements of Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions (GASB54), the Queensbury Town Board adopted a Fund Balance Policy, and WHEREAS, in accordance with such Fund Balance Policy, the Town Budget Officer has recommended that the Town Board transfer $1,900,000 from the Town's undesignated, unassigned General Fund's Fund Balance to Capital Reserve 964 in order to fund future capital projects, and WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to replenish Capital Reserve 964 by appropriating $1,900,000 of undesignated, unassigned Fund Balance from the General Fund and transfer such amount to the Capital Reserve 964, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to transfer $1,900,000 from the Town's General Fund undesignated, unassigned Fund Balance to the Capital Reserve 464 and make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish appropriations and estimated revenues and take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 17`h day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 744 RESOLUTION NO.: 346,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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 Serial No. Dept. Asset Honda Generator KM1505 Highway 2360 Lincoln Arc Welder 732420 Highway 2964 Lot of 12 Verizon Headsets Various IT n/a Hewlet Packard Plotter-Scanner SG3405204N It 4169 Ikon Printer H6836101987 IT 4142 Lot of 9 Motorolla Portable Radios Various Parks n/a Hein-Wenner Air End Vehicle Lift none Water n/a Quincy Air Compressor QT7DT7HP Water n/a Circular Reception Desk-Activity Center n/a Building&Grounds n/a 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: REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 745 Item Serial No. Dept. Asset Honda Generator KM1505 Highway 2360 Lincoln Arc Welder 732420 Highway 2964 Lot of 12 Verizon Headsets Various IT n/a Hewlet Packard Plotter-Scanner SG3405204N It 4169 Ikon Printer H6836101987 IT 4142 Lot of 9 Motorolla Portable Radios Various Parks n/a Hein-Werner Air End Vehicle Lift none Water n/a Quincy Air Compressor QT7DT7HP Water n/a Circular Reception Desk-Activity Center n/a Building&Grounds n/a 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 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 17th day of October,2016,by the following vote: AYES : Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 746 NOES : None ABSENT :None RESOLUTION AUTHORIZING HIRING OF CYNTHIA VANDENBURGH AS PART-TIME COURT OFFICER RESOLUTION NO. : 347,2016 INTRODUCED BY : Mr.Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr.William VanNess WHEREAS, the Queensbury Town Justices have advised that they wish to hire a part-time Town Court Officer on an "as needed" basis at the Town of Queensbury's Justice Court due to the impending retirement of one of their current part-time Court Officers, and WHEREAS,the Town Justices have recommended that the Town Board hire Cynthia VanDenburgh in such position, and WHEREAS,the Town Board concurs with such hiring recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and ratifies the hiring of Cynthia VanDenburgh as a part-time Court Officer on an "as needed" basis at the hourly rate of pay of $16.00 as set forth in Town Board Resolution No.: 36,2016, subject to Ms. VanDenburgh passing a pre- employment physical as required by Town Policy and the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes payment in the amount of$25.89 per service to Ms.VanDenburgh for service of any paper required by Town Court or any Town of Queensbury Department, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 747 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Justices, Court Clerks and/or Town Budget Officer to complete any necessary forms and take any actions necessary to effectuate this Resolution. Duly adopted this 17th day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES : None ABSENT:None RESOLUTION AMENDING RESOLUTION NO.: 257, 2016 REGARDING GRANT APPLICATION FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION RESOLUTION NO.: 348,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 257,2016, the Queensbury Town Board authorized an application for a "Capital Improvement Fund Grant," up to the maximum grant amount available, from the New York State Office of Court Administration(OCA)to be used by the Town for Town Court improvements WHEREAS, the Town Board wishes to amend such Resolution in that it is actually an application for a"Justice Court Assistance Program(JCAP)Grant," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 257,2016 and authorizes and directs the Town Supervisor and/or Town Justices to apply for a Justice Court Assistance Program (JCAP) Grant, up to the maximum grant amount available, from the New York State Office of Court Administration(OCA)to be used by the Town for Town Court improvements, and BE IT FURTHER, RESOLVED,that the Town Board hereby affirms and ratifies Resolution No.: 257,2016 in all other respects. Duly adopted this 17`h day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2017 PRELIMINARY BUDGET RESOLUTION NO.: 349,2016 REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 748 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1,2017, and WHEREAS, the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2017, comprised of statements of appropriations and estimated revenues, a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2017 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED, that the Town Board will conduct a public hearing on Monday,November 7"', 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 749 NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2017 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1, 2017, which includes the S495 Exemption Impact Report, has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on Monday, November 7"', 2016 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2017 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON(4) 18,000. TOWN CLERK 67,791. TOWN HIGHWAY SUPERINTENDENT 68,524. TOWN JUSTICES(2) 43,841. Duly adopted this 17th day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES : None ABSENT : None RESOLUTION ENACTING LOCAL LAW NO.: 7, OF 2016 TO AMEND QUEENSBURY TOWN CODE CHAPTER 140 "SIGNS" AND CHAPTER 179 "ZONING" AND REVISE THE TOWN'S ZONING MAP RESOLUTION NO.350,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 750 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 7, of 2016 to amend the Zoning Code and the Sign Code and to amend the Town's official zoning Map (the "legislation"), and WHEREAS,before the Town Board may amend, supplement, change, or modify the Town's Zoning Law, it must hold a public hearing in accordance with the provisions of the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, on or about September 15, 2016, the Warren County Planning Department considered the legislation and determined that there would be no County impact, and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed revised Sign Code and for certain revised sections of the proposed Zoning Code affecting land uses within the Adirondack Park prior to adoption, and WHEREAS, on or about October 14, 2016, the Adirondack Park Agency considered and approved the legislation, and WHEREAS, the Town Board duly conducted a public hearing concerning the legislation on Monday, September 26"', 2016, heard all interested parties, determined that the proposed legislation would not result in any large or important detrimental impacts nor a significant adverse impact on the environment, adopted Resolution No.: 322,2016 adopting a SEQRA Negative Declaration and closed the public hearing, and WHEREAS,the Town Board has considered the conditions and circumstances of the area that would be affected by the legislation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 751 RESOLVED, that the Queensbury Town Board hereby approves and adopts Local Law No.: 7, of 2016 to amend the Town Zoning Code and Sign Code and to amend the Town's official Zoning Map accordingly, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to submit the approved Local Law No.7, of 2016 and the official Town Zoning Map, as amended, to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect upon the Town Clerk receiving confirmation of the Local Law's filing by the Secretary of State, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of approved Local Law No.7, of 2016 and the Town's official Zoning Map as amended to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Director of Planning, Zoning and Code Compliance and/or Senior Planner to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 17th day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT :None RESOLUTION AUTHORIZING APPLICATION TO STATE COMPTROLLER FOR PERMISSION TO ESTABLISH CAREY ROAD SANITARY SEWER DISTRICT RESOLUTION NO.: 351,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 752 WHEREAS, the Town of Queensbury wishes to create a Sanitary Sewer District to serve the Carey Industrial Park and adjacent properties along Corinth Road, Carey Road, Silver Circle, Big Bay Road and Big Boom Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by The Chazen Companies (Chazen), concerning the proposed sewer district and was filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Town Board has taken all actions required pursuant to Town Law Article 12-A precedent to approval of the establishment of a sewer district and has adopted a Resolution approving the establishment of the Carey Road Sewer District and making the determinations required by Town Law Section 209-e, and WHEREAS, Town Law Section 209-f provides that permission of the State Comptroller shall be required for the establishment of a sewer district if the cost of the District is to be financed by the issuance of bonds and/or notes of the Town and the cost of the District is above the average estimated cost for properties or homes for the establishment or extension of similar types of districts as computed by the State Comptroller, NOW, THEREFORE, BE IT RESOLVED: 1. That an Application seeking such permission was prepared at the direction of the Town Board, 2. That the Board believes the contents of the Application to be accurate, 3. That the Board has determined that the District for which permission is sought is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof, and 4. That the cost of the proposed improvements is to be assessed in whole or in part against a benefited area, and all real property to be so assessed will be benefited by the proposed improvements and no benefited property has been excluded, and BE IT FURTHER, RESOLVED: 1. That the Town Board hereby authorizes and directs the Queensbury Town Supervisor to execute such Application with such additions, omissions and revisions as the Town Supervisor and Town Counsel deem necessary and appropriate, and 2 That the Town Board hereby authorizes and directs the Queensbury Town Counsel to submit the executed Application to the Office of the State Comptroller and to provide such other and additional information to the State Comptroller as may be requested, and REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 753 3. That the Town Supervisor, Town Clerk, Budget Officer, Assessor and Director of Wastewater are hereby authorized and directed to take such actions as may be requested by Town Counsel to effectuate the intent of this Resolution. Duly adopted this 17th day of October,2016 by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING CONSENT TO CITY OF GLENS FALLS BEING DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF PROPOSED HALFWAY BROOK TRAIL LICENSE AGREEMENT AND ASSOCIATED ACTIVITIES RESOLUTION NO.: .352,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury (Town) and City of Glens Falls (City) are adjoining communities that share in the use and enjoyment of recreational resources, and WHEREAS, the Town and City wish to enter into a License Agreement to provide for the construction,use and maintenance of a pedestrian use recreation trail to be known as the Halfway Brook Trail located on property owned by the City located within the Town in the Halfway Brook Reservoir Watershed, such License Agreement to be generally referred to as the Halfway Brook Trail License Agreement, and WHEREAS, in accordance with the State Environmental Quality Review Act (SEQRA), the City of Glens Falls is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to its review of such License Agreement and associated activities, and WHEREAS, the City has requested that the Town Board consent to the City being designated as Lead Agency, and the Town Board has concluded that the City is the most involved agency and should be Lead Agency for the purposes of SEQRA review relating to the Project, and WHEREAS,the Town Board wishes to therefore provide such consent, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 754 RESOLVED, that the Queensbury Town Board hereby consents to the City of Glens Falls acting as Lead Agency for SEQRA review relative to its review of the Halfway Brook Trail License Agreement and associated activities and authorizes and directs the Town Supervisor to mail a certified copy of this Resolution to the City of Glens Falls and take any other necessary actions to effectuate the terms of this Resolution. Duly adopted this 17th day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT: None RESOLUTION APPOINTING MEMBERS TO LOWER WATERSHED RECREATION MANAGEMENT COMMITTEE RELATING TO HALFWAY BROOK TRAIL LICENSE AGREEMENT RESOLUTION NO. 353,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 308,2016, the Queensbury Town Board expressed its non-binding support of a proposed Halfway Brook Trail License Agreement (Agreement) between the Town of Queensbury(Town) and City of Glens Falls (City), and WHEREAS, such Agreement provides for the formation of a joint committee to be known as the Lower Watershed Recreation Management Committee (Committee) to be comprised of six (6) members, with three (3) members being from the City and three (3) members being from the Town, with such Committee to be responsible for developing a Lower Watershed Recreation Management Plan which, upon completion, shall be adopted by a majority vote of the members of the Committee for recommendation to the City and Town for approval, and WHEREAS,the Town Board wishes to appoint its three (3)members, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints the following three (3) members to the Lower Watershed Recreation Management Committee: REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 755 • John F. Strough, Town Supervisor, • Wendy Matthews, Town Recreation Commission Representative, • Jim Underwood, Town Citizen Representative, and BE IT FURTHER, RESOLVED, that such Committee members shall serve at the direction of the Town Board with their terms to begin immediately, and BE IT FURTHER, RESOLVED,that the Town and City specifically agree that such Committee is advisory only and the governing bodies of the Town and City shall maintain jurisdiction and control over the terms of the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to mail a certified copy of this Resolution to the City of Glens Falls and the Town Supervisor and/or Town Clerk to take any necessary actions to effectuate the terms of this Resolution. Duly adopted this 17th day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF OCTOBER 18TH, 2016 RESOLUTION NO.: 354,2016 INTRODUCED BY: Mr.Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of October 13`h,2016 and a payment date of October 18`h,2016, REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 756 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of October 13'h,2016 and a payment date of October 18'h,2016 totaling $295,629.96, 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 17th day of October,2016,by the following vote: AYES Mr.Metivier,Mr. Clements,Mr.Irish,Mr.VanNess,Mr. Strough NOES None ABSENT :None 4.0 CORRESPONDENCE DEPUTY CLERK, O'BRIEN-Supervisor Report for Community Development —Building and Codes for month of September 2016 on file in Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) TRAVIS WHITEHEAD, QUEENSBURY-Spoke to the Board regarding information regarding the Environmental Protection Grants., noted he has been looking for information on these grants since last June. JOHN SALVADOR, QUEENSBURY-Spoke to the Board regarding the Crandall Library Budget item not being included in the Towns Budget as a line item. GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-Spoke to the Board regarding the Town pickup of leaves. Spoke to the Board regarding a property on Dixon Road that is ruined, down. It is the first house past the overpass on Dixon Road would like to see it taken down. Spoke to the Board regarding the salary for the Deputy Supervisor asked if this would be in the budget. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN VANNESS (WARD IV) -Nothing to report. COUNCILMAN CLEMENTS (WARD II) -Nothing to report. COUNCILMAN IRISH(WARD III) • Town Budget Officer, Barbara Tierney has volunteered to serve on the Ethics Committee as a Town Employee. REGULAR TOWN BOARD MEETING, 10-17-2016, MTG#32 757 COUNCILMAN METIVIER(WARD I) -Nothing to report. SUPERVISOR STROUGH • Fall Yard Pickup. Ward 3: October 24th-28tH Ward 4: October 31St—November 4th Ward 1 &2 November 7th_10th • Attended the Fall Festival that was held at West Mountain this weekend. • Lehigh Northeast Cement Company is renewing its Title V Air Permit. It is incorporating new more stringent federal air omission requirements into the permit. If you wish to review the permit, it is on the Town of Queensbury website www.queensbury.net. • Attended the Charles Evans Hughs Tour and the Hyde Museum regarding Charles Evans Hughes Day. • On October 29th, 2016 at SUNY Adirondack the County will hold an Active Shooter Drill. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 355,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 17th day of October, 2016, by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY KAREN A. O'BRIEN, DEPUTY TOWN CLERK I