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03-18-2019 MTG#9 REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 524 REGULAR TOWN BOARD MEETING MTG# 9 MARCH 18, 2019 RES# 87-102 7:02 P.M. BH# 14-17 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE SUPERVISOR STROUGH called meeting to order… RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 87, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 18 day of March 2019 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF PETER COLLINS NOTICE SHOWN PUBLICATION DATE: MARCH 8, 2019 SUPERVISOR STROUGH- This is for Peter Collins of 17 Holiday Point Road. Dennis MacElroy, Environmental Design Partnership is his agent and designer of the system. It’s a five bedroom residence, like I said, located at 17 Holiday Point Road. They are using a pretreatment system, a Clarus Fusion 800 and they have an absorption field 565 square feet and they are going to be using fill soils to import and amend what’s natural there to make it a better filtration th system. I did a site visit, Dennis and I went through this on Thursday, March 14. So they’re asking for three variances, the first variance is that the absorption bed be two foot from the property line instead of the required 10 foot setback. The second variance being requested is the REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 525 absorption bed to be 70 feet from the shoreline instead of the required 100 foot setback and third variance is the treatment tank to be four feet from the dwelling instead of the required 10 foot required. So would you like to elaborate a little bit more than that Mr. MacElroy? Please identify yourself for the record. DENNIS MACELROY, ENVIRONMENTAL DESIGN- Representing Peter and Tina Collins on this application for wastewater variance. As was described this property is in the base of Cleverdale, off of Seelye Road, Holiday Point Road. It faces the Warner Bay side of the Lake. It’s a classic case of an old property that is on a lot that isn’t of sufficient size to be able to meet all of the setbacks for a newly designed system. So we designed a system using a Clarus Fusion treatment tank, which will again, you’re educated enough with this now that it’s enhanced treatment, so it does more treatment than a conventional septic tank. This is common now and almost mandatory for any variance situation that we come across. So we’ve implemented the Clarus design as well as the new pump tank and the new field area, although the field area actually isn’t the same as the existing system. The Collins’ are just thinking in the future, if the time when a replacement will be necessary, a variance will be required because there isn’t a way of putting a standard system or a suitable system or a compliant system, I should say, on that property. It’s a third of an acre surrounded, basically, by water so it’s limited in its ability to meet the 100 foot setback to the Lake, that’s one of the variances required; 70 foot setback to the field requiring 30 foot relief. The other two are: one is a property line setback, it’s not real significant, in my mind, and the third variance is the treatment tank is four feet from the dwelling as opposed to the 10 foot that’s standard. So that’s the… SUPERVISOR STROUGH- And I believe you were considering dousing the field? MR. MACELROY- Correct. It will be a pressure dome system. SUPERVISOR STROUGH- Pressure dome. MR. MACELROY- …Provide better distribution within the field. SUPERVISOR STROUGH- So I did do a site visit, we went over it in some pretty great detail. I think that what I saw and the way Dennis laid it out was as good as one could get. So with the pretreatment, with the raised bed, the amending of the soils, the pressure dousing of the field, I think, in my opinion, it’s a well designed system. So, I’m not concerned about the variances, but that’s me, and like I said I did do the site visit, and I thought Dennis did a very good job designing it. Does anybody have any questions for Mr. MacElroy before I open the public hearing on this matter? COUNCILWOMAN ATHERDEN- What’s it replacing, Dennis? MR. MACELROY- An existing system, has a septic tank, has a pump tank and sort of a homemade seepage tank, laid up block in a rectangular configuration. COUNCILWOMAN ATHERDEN- Okay. MR. MACELROY- It was probably state of the art at the time of construction. COUNCILWOMAN ATHERDEN- And when was that? I’m just curious. MR. MACELROY- Well actually the Collins’ I think have been there for 30 years, so it’s in that timeframe. It was something that Scotty McLaughlin had built. COUNCILWOMAN ATHERDEN- Thanks. SUPERVISOR STROUGH- Anything else, Board? Alright, I’ll open this for a public hearing. Is there any member of the public that wishes to speak to the Peter Collins, 17 Holiday Point Road, sewage disposal variance application request? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 526 RESOLUTION APPROVING PETER COLLINS’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 14, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Peter Collins (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption bed to be 2’ from the property line instead of the required 10’ setback; 2. Absorption bed to be 70’ from the shoreline instead of the required 100’ setback; and 3. Treatment tank to be 4’ from the dwelling instead of the 10’ required; on property located at 17 Holiday Point 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 th Monday, March 18, 2019, 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, REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 527 RESOLVED, that the Local Board of Health hereby approves the application of Peter Collins for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption bed to be 2’ from the property line instead of the required 10’ setback; 2. Absorption bed to be 70’ from the shoreline instead of the required 100’ setback; and 3. Treatment tank to be 4’ from the dwelling instead of the 10’ required; on property located at 17 Holiday Point Road and bearing Tax Map No: 227.17-1-42, 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. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOE MONAHAN RESOLUTION NO.: BOH 15, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 528 WHEREAS, Joe Monahan has applied to the Local Board of Health for variances from Chapter 136 for an onsite wastewater treatment system to replace an existing cesspool, with the proposed system to be located as follows: 1. Leaching system to be 89’ from the well in lieu of the required 100’ setback; and 2. Dispersal location to be 5’ from the dwelling lieu of the required 20’ setback; on property located at 3 Fielding Place 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 st Monday, April 1, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Joe Monahan’s sewage disposal variance application concerning property located at 3 Fielding Place in the Town of Queensbury (Tax Map No.: 227.13-2-10) 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. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF OGDEN FAMILY IRREVOCABLE TRUST RESOLUTION NO.: BOH 16, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 529 SECONDED BY: Mrs. Catherine Atherden 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, the Ogden Family Irrevocable Trust (Applicant) has applied to the Local Board of Health for a variance from Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks as the Applicant wishes to install three (3) new 1,500 gallon septic holding tanks for a total of 4,500 gallons of capacity in lieu of a sewage disposal system for a seasonal camp building on property located at 2 Hall Road Extension 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 st Monday, April 1, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Ogden Family Irrevocable Trust’s sewage disposal variance application concerning property located at 2 Hall Road Extension in the Town of Queensbury (Tax Map No.: 289.11-1-21) 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. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 17, 2019 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 530 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 18 day of March 18, 2019, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING- NORTH QUEENSBURY RESCUE SQUAD, INC’S PROPOSAL TO PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/DEBT FOR SUCH PURCHASE NOTICE SHOWN PUBLICATION DATE: MARCH 1, 2019 SUPERVISOR STROUGH- The North Queensbury Rescue Squad wishes to replace and trade in one of their older ambulances, a four-wheel drive 1997 Ford ambulance 725 and purchase a 2018 or newer four-wheel drive ambulance at a purchase price not to exceed $225,000. They would have $10,000 from their current budget and $215,000 maximum would be tax-exempt financing with a 10 year term from the Ballston Spa National Bank, and that would be tax-exempt financing and that requires a public hearing. Whereas today we are holding that public hearing concerning the Squad’s proposed purchase and tax-exempt financing as required by the Squad’s agreement with the Town and the Internal Revenue Code. We’re here to hear all interested persons on this matter. I’ll open the public hearing on this. Is there any member of the public that wishes to speak to this Resolution authorizing North Queensbury Rescue Squad’s proposal to purchase an ambulance and authorizing incurred of tax-exempt financing debt for such purchase. Any thoughts, questions from the Town Board? All right, hearing no interest on behalf of the public to speak to this particular hearing, I’ll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING NORTH QUEENSBURY RESCUE SQUAD, INC.’S PROPOSAL TO PURCHASE AMBULANCE AND AUTHORIZING INCURRENCE OF TAX-EXEMPT FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 88, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 531 WHEREAS, in accordance with New York State Public Health Law Article 30, the Town of Queensbury and the North Queensbury Rescue Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town, which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, the Squad advised the Town Board that the Squad wishes to replace and trade-in one of its older ambulances, a four-wheel drive 1997 Ford Ambulance 725, and purchase a 2018 or newer four- wheel drive Ambulance at a purchase price not to exceed $225,000, and WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad’s building located at 2663 Route 9L, Cleverdale, in the Town of Queensbury, New York, and WHEREAS, the Squad plans on paying for the proposed, new Ambulance by using: 1. $10,000 from its current budget; and 2. $215,000 maximum amount of tax-exempt financing having a 10 year term with Ballston Spa National Bank, and WHEREAS, Town Board approval of such proposed purchase is required by the Squad’s Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, and th WHEREAS, on Monday, March 18, 2019, the Town Board held a public hearing concerning the Squad’s proposed purchase and tax-exempt financing as required by the Squad’s Agreement with the Town and the Internal Revenue Code and heard all interested persons, and WHEREAS, the Town Board believes that this new Ambulance will provide additional safety protection for the Town and also believes it to be necessary, financially beneficial and in the public interest to consider such financing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Ambulance purchase and the Squad’s corresponding incurrence of tax-exempt debt and financing, REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 532 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Rescue Squad, Inc.’s proposal to purchase a new 2018 or newer four-wheel drive Ambulance as set forth in the preambles of this Resolution for an amount not to exceed $225,000, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Squad’s incurrence of $215,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Squad’s assurance that the Ambulance is serviceable and suitable for its long-term intended use, and approves of the tax-exempt financing with the Ballston Spa National Bank for the purpose of purchasing the new Ambulance and associated equipment, with such tax-exempt financing having a 10 year term, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Squad nor does the Town Board create or intend to create any assumption on the part of the Town of Queensbury of any obligation or liability for the financing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None CONTINUATION OF PUBLIC HEARING- LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING TO CHANGE ZONING ON PROPERTY OWNED BY KUBRICKY JOHN AND SONS, INC., FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RURAL RESIDENTIAL FIVE ACRE (RR-5) REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 533 SUPERVISOR STROUGH- All right, so the Fort Miller Company wishes to expand its sand and gravel extraction operation and they would like to have an access road to Ridge Road and eliminate Dream Lake Road, except for emergency access only. In order to have this access to Ridge Road, there is a piece of land owned by Kubricky John and Sons and identified as tax map # 279.-1-48 located at 1359 Ridge Road. So the Town Board is considering a request by the applicant to amend the Town zoning map to change the zoning of the property from moderate density residential to rural residential five acre to permit sand, gravel extraction. The DEC was Lead Agency on this matter, the DEC performed SEQRA review and determined that the project would not have a significant effect on the environment and a negative declaration was declared th on January 29, 2018 and that is on file with the Town. We’ve had a public hearing on this and we’ve had emails, and we’ve had many discussions and as of this point in time we offered an additional Resolved; and the Resolved says that in furtherance of protection of and benefit to the public such zoning amendment shall be subject to the following five conditions: 1) Fort Miller Company Incorporated shall construct a road connecting their current mining operation and Ridge Road using the property in question, 2) the road shall be their primary road for their mining operations and any other related traffic, 3) that Dream Lake Road access shall be gated and closed and only be closed in cases of emergencies, 4) that the above shall occur: a) (and there’s two subcategories): a) within sixteen months of final Planning Board approval for the expansion of the mining operation on either tax map # 279.-1-4-8 or 279.-1-72 or b) prior to the commencement of any expansion not requiring Planning Board approval on either such tax map parcel, whichever comes first and 5) the applicant’s written consent to rezoning and the above conditions shall be filed in the Town Clerk’s Office within so many days of the adoption of this Resolution, and the number of days is still open. Warren County Planning Board has reviewed this and they have determined that the project would not create any significant intermunicipal or countywide impacts and the Adirondack Park Agency has reviewed this and the Town Planning Board has reviewed this and suggested the rezoning. Now I believe it goes back to the Planning Board at some point if this Board approves this for further consideration; but I’m not sure on that process. In any event, the applicant is before the Town Board right now and I will have a continuation of the public hearing tonight and give the public an opportunity to speak to this. At our last workshop there were some members of the public that had further suggestions and I did pass those on to the applicant and so they may be prepared to address them…we’ll find out shortly. Okay, so… ATTORNEY, JON LAPPER- Good evening everyone. SUPERVISOR STROUGH- Please identify yourself for the record. ATTORNEY LAPPER- Jon Lapper with Butch Marcelle from Fort Miller. We have been before you many times on this and thank you for continuing the public hearing. The applicant is in complete agreement with the Resolution prepared by Town Attorney, Schachner. John when you read in 4a) the tax map number 279.-1 you read it 4-8 and it’s actually 48. To clarify, it was right in the preamble; and we would be happy to say within two days or within five days to fill in that, put a letter to the Town Clerk saying we are in agreement. Fort Miller is in complete agreement with those terms and conditions. Supervisor Strough did send me a copy of the proposed conditions from the attorney for one of the neighbors. In that list, what Fort Miller would agree to is to post a sign at the beginning of Dream Lake Road to tell truck traffic that the entrance is on Ridge Road instead. That would require an off premises sign permit that the Town can grant and it would probably have to be within the Town’s right-of-way because Fort Miller doesn’t own any land at the end of the road. With those caveat’s we’ll pursue that and put up the sign with the Planning Board approval for on premises sign. Some of the other conditions that were proposed to notify the Planning Board in the application for a special use permit and site plan of these conditions… the copy of this Resolution will go to the Planning Board… and there was a request that the road be constructed from Ridge Road but that’s not possible in this case. It has be constructed from the pit because the materials from the pit are being used and it has to be constructed according to Butch and his engineers from the lowest point to the highest points. Under the storm water regs there can only be so much disturbed areas so if you build it from the lowest or you build it from the highest there’s going to be all sorts of run-off. So we can’t do that but certainly, as we said last time the sixteenth month construction period for as soon as the Planning Board approves it is fine as a condition. There was a request from the neighbor that if there was any violation, the rezoning would be terminated and we can’t agree to that only REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 534 because this is a large operation and hundreds of thousands of dollars for this road. If some truck driver makes a wrong turn, they can’t give up the zoning but there’s plenty of penalties from the DEC under the mining permit for the Town if there was a violation; and they will do everything they can to make sure that there isn’t. Posting signs is a good idea. With that, after the public hearing we’ll ask you to approve this Town Resolution plus the sign. SUPERVISOR STROUGH- So you’re suggesting that if you were receive permission, vis-a-vis a permit, or whatever is needed, that you would post a sign at the beginning of Dream Lake Road, Basically saying… ATTORNEY LAPPER- That it’s not for truck traffic that trucks going to the pit have to go around to Ridge Road. SUPERVISOR STROUGH- Well, how about other vehicle access? So the sign would basically say this is not an access for ATTORNEY LAPPER- Yes. SUPERVISOR STROUGH- Is it called the Fort Miller mining? ATTORNEY LAPPER- Yes, we can word it any way… SUPERVISOR STROUGH- On the signage that the access to the mining would be from Ridge Road and give more specific directions or something of that nature. ATTORNEY LAPPER- Absolutely. SUPERVISOR STROUGH- Any questions on behalf of the Town Board before I open it to the public? COUNCILWOMAN SWITZER- One of the things was the addition to some of the other lots that were provided; I’m just wondering if there was a reason why we didn’t include those? BUTCH MARCELLE- Because there’s not going to be any application, there’s no mining in any of those lots. Those were the lots along 149 that have wetlands that there was a previous plan before the Ridge Road plan came up to go through those parcels. They’re not suitable for mining; they’re not going to be in the application…that’s not where the resource is. COUNCILWOMAN ATHERDEN- Can you tell me what the truck traffic will be, I mean along Ridge Road once that, if that’s established? The frequency, the volume… MR. MARCELLE- On average, I don’t have it right in front of me but at one of the meetings, I put it in writing, I think it was thirteen trucks a day, on average. Maybe 20 on one day and six on another day. But over the year when they’re doing it, it’s about 13 trucks 14 trucks. COULCILWOMAN ATHERDEN- Heavily loaded, right. MR. MARCELLE- Well, they’re legally loaded. COUNCILWOMAN ATHERDEN- Loaded with the stuff, right. MR. MARCELLE- And that’s a State highway, 9L. ATTORNEY LAPPER- And those trucks are existing legally today on Dream Lake Road and Bay Road, around neighbors’ houses. COUNCILWOMAN ATHERDEN- What will be the travel, go up Jenkinsville Road, come out Ridge Road and go up Jenkinsville Road in order come around. MR. MARCELLE- Most of them will be coming to our pit to Fort Miller so they will probably take a left out of Ridge Road and go down 149, hit Route 4 and come down that way. I would suspect but truckers kind of do what they want to do. They are not our trucks so and we don’t have a lot of retail business…It’s not like there’s people coming in every day. We don’t sell to the public very much, we sell to Duke, which is a local company that we own and we still continue to provide material to them. We supply Latham… ready mix in Glens Falls. So those are our three primary customers, Toad Flax Nursery buys top soil and some sand once in a while. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 535 But it’s not like there are … coming in everyday getting loads of material. We are just not set up for that kind of operation. COUNCILWOMAN ATHERDEN- Do you see an increase at all over time of those 13 trucks? MR. MARCELLE- It’s hard to say. We’re not looking to look for more customers. We primarily bought this to service Fort Miller Company. That was our main goal. We had Duke Concrete and Fort Miller to provide sand and stone for the concrete business… COUNCILWOMAN ATHERDEN- Okay, thank you. COUNCILMAN METIVIER- I guess I have a concern about this sign. The truck pulls in, and I’ve seen some of the big tandems, they’re going to pull into Dream Lake and see the sign. They will have no choice but to back out onto Bay Road. MR. MARCELLE- We use Fayne for hauling and Latham… uses Freedman, a local hauler. As soon as we get the road ready we are going to say, okay guys this is it, you start coming in here from now on. Fayne works for us. They subcontract with Fort Miller… so that’s what I’m saying, it’s not like CVS where you have a hundred different people pulling in every day. COUNCILMAN METIVIER- Right, right, right. MR. MARCELLE- It’s just not that kind of an operation. COUNCILMAN METIVIER- Right. MR. MARCELLE- It’s pretty much dedicated to truckers. As I say Toad Flax comes in, Girard Excavating comes in; some of the local guys will come in for a load now and then. Ellsworth will come in for some stone once in a while, but it’s not like it’s…our customer list is probably 16 or 18 people. COUNCILMAN METIVIER- So you don’t think this is going to be an issue. MR. MARCELLE- I don’t think so but I can’t guarantee that a trucker isn’t going to drive down there. COUNCILMAN METIVIER- I guess we’re going to have to think about a turn around, seriously. I just can’t see some of those bigger trucks trying to back out on to Bay. That just will not work. MR. MARCELLE- They can go down to the end and turn around … COUNCILMAN METIVIER- That’s what I’m thinking, yeah. MR. MARCELLE- I think that’s okay. COUNCILMAN METIVIER- Do you know what I’m saying? SUPERVISOR STROUGH- Well, I’m also...yeah I know what you’re saying, Tony. What if we have the signage and we get, let’s say, a one year permit for the signage because Bay Road is a County Road. We have one facing north and we have one facing south. COUNCILMAN METIVIER- That’s what I’m thinking, that would be better; absolutely. SUPERVISOR STROUGH- I don’t think the County would be crazy about signage like that being up there any length of time; but just to establish a routine flow and get people out of the habit of going and using Dream Lake Road maybe we can get a one year permit from them. MR. MARCELLE- Sure, you can give us the wording that you prefer too, or the Town can or the County can. However, you want to say it, we will work with you on that. ATTORNEY LAPPER- That’s a good suggestion, it would be better on Bay Road, nobody would turn in. SUPERVISOR STROUGH- Right that way those approaching Dream Lake Road with the intent of turning in, with the intent on going to the mining operation, would… ATTORNEY LAPPER- But as you said, we need the County because it’s their right-of-way. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 536 SUPERVISOR STROUGH- All right, so… COUNCILMAN METIVIER- I can live with that. COUNCILWOMAN ATHERDEN- Is there any way to ensure that the trucks don’t go up Jenkinsville Road? COUNCILMAN METIVIER- We talked to Dave Duell about that and limiting the amount of weight is really the only thing we can do there. We need to work with him on that. Because these guys… SUPERVISOR STROUGH- I did talk to him about that. He says well, our trucks use it. COUNCILMAN METIVIER- Right. SUPERVISOR STROUGH- And there’s other mining operations on Jenkinsville Road that use it. COUNCILMAN METIVIER- Yeah. SUPERVISOR STROUGH- So it’d be very difficult. What would be in the unintended consequences of setting a truck limit and prohibiting trucks of a certain size, it may have unintended consequences. COUNCILMAN METIVIER- Understood. COUNCILWOMAN ATHERDEN- Is there any way to ensure that your customers don’t use Jenkinsville Road? MR. MARCELLE- We can’t regulate that. A trucker comes in and they’re going to go where they’re going to go. I can’t tell them. We’ve tried to tell them to tarp their loads, we’ve tried to tell them to slow down, but again, they’re independent haulers. COUNCILMAN FERONE- But you have them a relationship with them. You’re paying them. MR. MARCELLE- Yes. COUNCILMAN FERONE- They should take direction if you at least provide it that they should stay off of Jenkinsville, go down to 149. MR. MARCELLE- I don’t know…I don’t even know the Route… COUNCILMAN FERONE- I know you are not going to be able to administer that but at least you can make the effort. MR. MARCELLE- We would be happy to tell them. We would give them notice, absolutely. We don’t want people going up Dream Lake Road either. That’s the whole point of this. As I said, the Fayne and Freedman are 95% of the trucks going in and out of there. Duke hauls with its own … It’s not like we have to notify 150 people. There’s not that much. We will do that, we are going to do that. COUNCILMAN FERONE- Yeah. COUNCILWOMAN ATHERDEN- You’re going to advise them not to take Jenkinsville? MR. MARCELLE- Well, Jenkinsville Road, I don’t know where Jenkinsville Road is, I don’t know if that’s the one down by Rueben Ellsworth’s pit there? COUNCILMAN METIVIER- Yes. MR. MARCELLE- Again, I don’t, I can’t… COUNCILWOMAN ATHERDEN- Because… MR. MARCELLE- I can suggest they don’t go there. COUNCILWOMAN ATHERDEN- Right. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 537 MR. MARCELLE- I can’t make them go there and I can’t give you assurance that I can prevent them from going there because they get in the truck and they drive. So I don’t want to mislead you by saying yes, we can… COUNCILWOMAN ATHERDEN- But, could you advise them not to? MR. MARCELLE- Certainly, if that’s a request … reason, we would say please don’t do that. COUNCILWOMAN ATHERDEN- Okay. MR. MARCELLE- But I can’t guarantee that they’re not going to do that. COUNCILWOMAN ATHERDEN- But there … issue on Jenkinsville. If they do use Jenkinsville there is an issue that residents complain about the possibility of more trucks on there, because there are already a lot of trucks going down there. So they are very concerned. So anything we can do to alleviate that. MR. MARCELLE- Our trucks wouldn’t be going that way, they would be going down, I’d think they would hang a left out of the pit and hit 149 to Route 4 and come down that way to get to Fort Miller. COUNCILWOMAN ATHERDEN- What would you say? COUCILMAN METIVIER- I agree with that. COUNCILWOMAN ATHERDEN- Yeah. COUNCILMAN METIVIER- But you have to remember that Ruben’s and O’Connor’s pits are right there. MR. MARCELLE- Right. COUNCILMAN METIVIER- And he just knows where his stuff is going. With Ruben and O’Connor’s that could be going anywhere. COUNCILWOMAN ATHERDEN- Right, right, right. But that’s already existing. COUNCILMAN METIVIER- Right. COUNCILWOMAN ATHERDEN- So I’m just trying to prevent further traffic… MR. MARCELLE- Ours is existing too. COUNCILWOMAN ATHERDEN- But not there. COUNCILWOMAN SWITZER- Right, but there’s no exit off on to Ridge Road right now. COUNCILWOMAN ATHERDEN- Not existing there. MR. MARCELLE- Yeah. COUNCILWOMAN ATHERDEN- Right, it’s exists along… MR. MARCELLE- But… COUNCILWOMAN ATHERDEN- I don’t how much… okay, thanks. MR. MARCELLE- You’re welcome. SUPERVISOR STROUGH- Anything else from the Board? COUNCILWOMAN SWITZER- So just to clarify, 279.1-73 and 279.-1-… MR. MARCELLE- Forty-eight. COUNCILWOMAN ATHERDEN- No, 59.2. Those are the two lots that are not going to be included in the application to the Planning Board. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 538 MR. MARCELLE- 1-59.-2 and 1-61, I think are the ones you’re talking about. MR. MARCELLE- 59-2 is the wetland pretty much… COUNCILWOMAN SWITZER- Okay, yes. MR. MARCELLE-…The APA…we had a sign, we sent that to you as some backup information. I think, John, we sent that to you with a letter from APA. We had a signed agreement that the previous owner had gone in there and created an environmental violation. We kind of cleaned that up with the APA. SUPERVISOR STROUGH- I remember that. MR. MARCELLE- We have the 161, we would not be doing anything… SUPERVISOR STROUGH- All right… MR. MARCELLE- Does that clarify, does that answer your question? COUNCILWOMAN SWITZER- I’m just looking at what I have. MR. MARCELLE- Want me to show you this map? COUNCILWOMAN SWITZER- Yeah, that probably…because this is limited. MR. MARCELLE- That might be limited easier. This is the restaurant up here, the light’s right here. COUNCILWOMAN SWITZER- Okay. MR. MARCELLE- So we’re not going to be doing anything with that. And this is the wetland area here, this is 100 acres here, that’s 1-59.2. COUNCILWOMAN SWITZER- That’s 1-59.2, okay. MR. MARCELLE – Does that make sense to you? COUNCILWOMAN SWITZER- Yes, that makes sense. MR. MARCELLE- Okay, great. SUPERVISOR STROUGH- Okay… all right, if you will please have a seat. I may ask you to return a little bit later, thank you. Any member of the public…I’m going to remind you that the public hearing is open. Please identify yourself for the record. CLAUDIA BRAYMER- Attorney for the Holdings who live over on Dream Lake Road. We very much appreciate you keeping the public hearing open since the meeting back in January when we first saw the first conditions; and since then we’ve had a chance to look at them. We obviously agree with all of those conditions and we’re happy that the applicant has agreed to those, as well. We did provide some additional comments and did make some comments at the workshop last week. Some of our comments were addressed tonight. The one about the sign, that’s great. Having something out on Bay Road I think will really help prevent people from inadvertently going down Dream Lake Road once it’s been closed. The other thing was the typo with that one lot number definitely needs to be changed to -48 to include the Kubricky lot. With the other three lots, Councilwoman Switzer, 72 is the one that, I believe, they are expanding into, 73 is the current mining operation and then 59.2 does have the road included across it. I would argue that all three lots should be included in the Resolution just to be sure and clear that any expansion or use of mining operations on any of those three lots would be included. I can see not including 279.-1-61 because it is pretty far over there and it doesn’t have the road on it. But those other three lots and the Kubricky lot, I do think all should be all included in the resolution tonight. The other thing, two other things, it was mentioned tonight that the whole reason that they’re looking for this zoning change is to put the road out there to go out on Ridge Road. I REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 539 would urge you again to make this contingent on the road being constructed within 16 months of this zoning change. There is no reason to wait until 16 months from a Planning Board approval. If they are committed to going forward with this they could start, although they do need Planning Board approval for the road. COUNCILMAN METIVIER- Yes, special use permit. MS. BRAYMER- If they’re doing any further construction, excuse me, expansion without Planning Board approval it really needs to be done as soon as possible. COUNCILWOMAN ATHERDEN- So are you requesting… MS. BRAYMER- I think your current Resolution does say that they need to be doing it within, yeah prior to the commencement of any expansion… COUNCILWOMAN SWITZER- Not requiring Planning Board approval. MS. BRAYMER- Well again that’s a further reason to include all of those lots in case there is some expansion that they would be able to commence without Planning Board approval. The last thing that we would ask is for consent from Kubricky since this is still their lot. They did sign onto the zoning amendment request form but that doesn’t mean they have consented to all these conditions. Thank you. SUPERVISOR STROUGH- Okay, thank you. MS. BRAYMER- Any questions? SUPERVISOR STROUGH- Anybody else from the public like to speak to this? PAT WELLS- Hello, my name is Pat wells. I live at 84 Jenkinsville Road and I’d just like to make a few comments and I believe you received a letter from… neighbors. I just want to say out loud on the record, often Jenkinsville Road is seen as a convenient shortcut by all these trucks from all these sand pits, not to mention Town of Bolton, Town of Warrensburg, etc. We’ve been dealing with them for many years. To have more trucks is just mind-boggling. It’s difficult to walk on the road now. We have a park there, a three-season park, soccer, baseball, pickle ball, we really don’t need big trucks not letting our people get to the park; and for children riding their bicycles it’s terribly dangerous, worse by the minute. So this is a difficult part for us. I will tell you that I am among a few that when the trucks are speeding by us is one of the things we do is we call the truck company, because obviously no one else really wants to do anything about it. The truck companies generally don’t want their drivers in trouble and will straighten them out, especially on our road. These truck drivers love our road, shortcut. The road is falling apart; it’s disgusting, potholes and side edges coming off. I invite you to take a walk over and take a look. I just want to remind you of those things and I think that’s it. We are in the moderate density residential area where I live on Jenkinsville Road, the entire road, which means we are a walkable neighborhood. Come over and walk with me. Let’s see how many times we have to jump into the bushes and into the edges. Bring your kids on bikes. I don’t think you’re going to like it. They’ve already started this year. There’s been trucks already today, yesterday and this is going to be a long season. Let’s not wait for an accident. SUPERVISOR STROUGH- How far down on Jenkinsville Road do you live? MS. WELLS- I live probably in the middle, about. SUPERVISOR STROUGH- Near the park? MS. WELLS- I’m just below the park. The field on the other side from the park and the falling down barn, that’s mine. SUPERVISOR STROUGH- Where…so there’s two other contractors on Jenkinsville Road, Ruben Ellsworth and O’Connor. MS. WELLS- No, O’Connor’s not on it. They’re on 9L. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 540 COUNCILMAN METIVIER- They’re on Ridge Road. MS. WELL- Mr. Ellsworth is, and we telephone them often… SUPERVISOR STROUGH- And the Town is too. MS. WELLS- The Town has a small one. SUPERVISOR STROUGH- So…alright, well I’m just thinking out loud that…where is the Ellsworth construction pit related to where you live, is it west of you? MS. WELLS- It’s just past the transfer station. Well, not actually, you don’t make it to the transfer station. If you know where the little store used to be and… is today, just behind that. SUPERVISOR STROUGH- So I’m just wondering if we could take part of Jenkinsville Road, forcing them to come out and use Ridge Road, and try and prohibit having a weight limit on those trucks without inhibiting what they’ve been doing historically. MS. WELLS- Right. SUPERVISOR STROUGH- Alright, ultimately this is the Highway Superintendent’s prerogative. We can make a request and we will, I mean I will, and I think the Board supports me in doing so. We will see what Superintendent Duell says… MS. WELLS- Okay. SUPERVISOR STROUGH- To that suggestion because when I first, when I first made the suggestion to him, he pointed out to me that there’s these other contracting companies that use the road, including the Town and… MS. WELLS- But the Town and Jenkinsville Sand and Gravel were the only two that are actually on our road. SUPERVISOR STROUGH- Yeah, so if we could allow the use of the big trucks on the western end, the one towards Ridge Road and maybe prohibit the bigger trucks on the rest of Jenkinsville Road that would be better, right? MS. WELLS- I think so. SUPERVISOR STROUGH- I’m not sure we can condition or make that part of this application but it’s something that we can really try and look into. MS. WELLS- I appreciate it. We are a small neighborhood, but we’re just as important as anybody else, and our children are just as important. SUPERVISOR STROUGH- Yes. MS. WELLS- And I’d like to say Mrs. Atherden, I believe our 97 year old resident who sits on her front porch and watches these trucks, called you. COUNCILWOMAN ATHERDEN- She did. MS. WELLS- I want to say thank you very much for paying attention to her. SUPERVISOR STROUGH- Alright, anything else? MS. WELLS- No, that will do it, thank you. SUPERVISOR STROUGH- Anybody else like to speak to the Town Board on this topic? REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 541 JANICE HOLDING- Good evening, Janice Holding, 48 Dream Lake Road. I want to, again, thank you for your willingness to listen to our concerns. I know that it’s been a several month process but we really do appreciate it. I really appreciate that the signage is something that Fort Miller has agreed to because I think that will make a difference. Anyone gets in a habit and they are just going to be used to it, but if we have the signs on Bay Road that will be very helpful. The only other thing that I would ask then is that the maintenance and plowing of Dream Lake Road, obviously, they’re going to do something if they still want to have it for emergency access. If that can be done within the hours of operation. After a snowstorm we’re hearing graders and backup alarms repeatedly, sometimes even before six-thirty in the morning. I mean the pit is not supposed to open before seven. So if there is any way that they could be confined to the hours of operation for any maintenance of the Dream Lake Road Extension, we would appreciate that, because it is mining equipment that they are using; and if they could even not do mining equipment that would be nice too. Thank you very much. SUPERVISOR STROUGH- Thank you. ANDREW HOLDING- Good evening, I’m Andrew Holding, also from 48 Dream Lake Road. I again want to thank the Board for making what I consider a good faith effort to arrange conditions on this Resolution that will make everybody and everybody safe. We have no problem with the signage, that’s not a large issue at all. But, I must address some of the inaccuracies that you heard from the Fort Miller representatives. Mr. Marcelle’s truck traffic estimate of 13 trucks is absurd. If the Town really wants to know how many trucks, by law, by mining law, they have to keep a truck log. If you went back to 2016 when they didn’t, Mr. Marcelle said they have subcontractors and a few other trucks coming in and out of there. But the year they got a New York State contract, they were 62, 64 trucks at the high points. So I think that truck volume is anyone’s concern, they should find out what the real truth of the volume is. Mr. Lapper said that there are only 10 parcels, but the road actually goes through three and the gate that’s being talked about is on the fourth. So, if you’re making a Resolution that has conditions, I can’t see how it will be binding unless all of the parcels are named accurately. That’s probably something for your attorney to answer, not me. We also heard that they can’t build the road from the outside in, my understanding was because of terrain and drainage. If they had purchased that property and Mr. Marcelle at a past meeting said mining sand and gravel land is getting very valuable, very scarce. So if they’ve gone out and had purchased those parcels, whether they were … for mining or not and then changed them to zoning, and those parcels were not connected to their existing pit, they would still have to build a road from Ridge Road in, regardless. So the Ridge Road end we had in a previous discussion, talking about barricading between the two properties so there was no transfer of materials, etc. Mr. Strough said after talking to Fort Miller they wanted to use their own product for the road, that makes perfect sense. But the stages are you come in… so the first thing you’re going to do is you’re going to get skidders in and you’re going to log the area and you’re going to load those logs …and try to sell them to Finch Pruyn or whatever you do, and you’re going to… area, excavators, graders, all kinds of heavy equipment. Then when you get to your rough grade, then you’re going to start building the finished grade road, which yes, requires sand, gravel to be done within the existing pit. But all we’re trying to determine is that every log that’s cut off of that hill of those 42 acres that they’re going to develop is going to come from Dream Lake Road, are the skidders going to come through Dream Lake Road, are all the excavators from the … going to come through Dream Lake Road? That’s not reasonable because that 16 months will destroy Dream Lake Road and destroy the land values. I mean, that kind of… we’re now tripling, not only do you have the sand and gravel trucks but you have all of the heavy equipment, you have all the timbering going out. That’s an extremely important part to us. That … rough work be done as it was a newly purchased parcel …going in there…because you don’t need sand and gravel to do that. One statement was made that there was a request from a neighbor to give up the zoning if they violated the agreement. The discussion, I’m fairly sure that the attorney has read previous minutes of the previous meetings. That was what was offered by a Queensbury Town Attorney when we were talking about how to hold them to the agreement. If you review the minutes, it is very clear that several people said that’s it, the zoning disappears. I think it even got carried to the point of discussing that Queensbury would issue a stop work order and enforce it. This, again, goes back to what I said, a couple thousand dollars in fines, do this, do that to get it done. It’s done all the time. That’s what we’re trying to avoid. We’re just trying to be careful. We’re ready to support something that is going to guarantee that there’s going to be mining next to our home for decades. Fort Miller maps show my property line 350 feet from their property. It’s going to go on for decades and decades. At this point to be completely honest with you, I don’t REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 542 know why, but I’m convinced that the Town has decided that this is good for Queensbury. So it’s going to go through. So all we’re begging is that we be protected during the process. That’s really what we’re trying to do. I wish I had brought the map. We had their maps, excuse me, we had copies that I made…of maps that they presented that clearly shows it runs up through four parcels. So all of those four parcels need to be included. I would love it if somehow this was just going to be stopped, but that’s not going to happen. So what’s I’m asking is that we cooperate. You’ve made a wonderful first effort by having a …having a workshop, looking at material that we’ve sent you. I don’t know whether you got any response from Fort Miller prior to tonight but my basic hope is that the opinions that were expressed at the last meeting by some very reasonable members of the Board follow what I said to Mr. Strough and you folks in our latest email that we want to do it right, not right away. Butch Marcelle has been saying that that land won’t be developed, when that land is fully developed he won’t be around. This is something that’s long term and it’s going to affect my children and grandchildren if they hold on to that piece of property that they love. I’m asking the Town Board to table this tonight, have a continuation of the public hearing at the next Town Board to give us a chance to respond to essentially conditions that weren’t changed. We provided a page of conditions not all of which Fort Miller might accept. I guess it’s a question for you, John, when you sent them that, did you also send them the second page, which was the rationale behind each one? SUPERVISOR STROUGH- I sent them what Claudia sent me. MR. HOLDING- So they’ve seen the rationale. I don’t know how we can get any meaningful dialogue going on but what you’ve started to try and do, I think can still be accomplished. If you table this for this the next meeting to give us the two weeks to…I’d be happy to talk to Mr. Lapper and Mr. Marcelle. All we’re trying to do is protect the home we bought before the land they are expanding into now was even allowable mining land. It’s a beautiful hundred and some odd acres. We thought we were protecting and now we’re asking at least to protect us during the process of expanding this mine… COUNCILWOMAN ATHERDEN- So you say you would prefer this not to be done at all, but that would mean the traffic would still go on Dream Lake Road. That wouldn’t change so is that acceptable to you? MR. HOLDING- Well if you read all of the minutes, you will find Mr. Marcelle’s statements. I’m not going to try to quote him but I can paraphrase him very closely. Mining land is getting very expensive. We even have foreign countries buying up mining properties. He also goes into…he didn’t use the word scratching, we’re searching, we’re scrambling to find product and we need to expand. Well fine, go ahead and expand. But if worse was to come to worse and they weren’t allowed to expand that mine would run out and Queensbury would have 116 acres of whatever of nice wooden land. If Queensbury is going to continue to grow, that could be land with homes with lawns instead of a … So yes, I’m against it but what I’m saying is that it has become obvious to me that the Town Board for whatever reason wishes to move this along and I’m asking you not to destroy our neighborhood, not to allow them to destroy our neighborhood in the effort to make that expansion. That’s all I’m asking. COUNCILWOMAN ATHERDEN- I just have to pursue just one more question on this because I don’t fully get it. Suppose we said tonight, no we’re not going to allow any of this to happen. You would still have traffic on Dream Lake Road for the next 20 years or whatever. Is that acceptable? MR. HOLDING- Yes, in the size pit. I mean we’ve lived with it. COUNCILWOMAN ATHERDEN- Alright, okay, that’s fine. MR. HOLDING- I’ve said this before, I don’t believe in buying a home near an airport and then complaining about it. COUNCILWOMAN ATHERDEN- I got it now, thank you. MR. HOLDING- But it’s…have I clarified it? COUNCILWOMAN ATHERDEN- Yeah you have, thank you. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 543 MR. HOLDING- That will also save 10 homes on Ridge Road that are going to be going through in a couple of years what we’ve been going through for the past 14 years what we have. Okay? SUPERVISOR STROUGH- Okay, thank you. CATHY MONROE- Hello, my name is Cathy Monroe. I live at 22 Red House Lane, which is an offshoot of Dream Lake Road and I just wanted to touch upon the last point when you were asking Mr. Holding about still having traffic on Dream Lake Road, that those zoning laws were amended. I would be okay with that. I truly feel like we’re going from the frying pan into the fire. I bought a house by a gravel pit. I’ve never been in front of this Board complaining about the traffic. But I do believe that there is, it is allowed for a new mining operation to be developed that I will hear the noise from that development based on everything Mr. Holding just outlined of a new mining operation. That noise will travel right down Dream Lake Road, Dream Lake, excuse me, I believe that noise will travel down Dream Lake. If you could just picture where the current mining operation is right now and picture where the current firehouse is on Bay Road, I walk in the morning sometimes, I was walking one morning and heading north back towards home, towards Dream Lake Road, I’m right near the firehouse and I hear a noise. I’m looking around, there’s nothing going on at the firehouse. There wasn’t any traffic. I’m looking up at the sky and I’m walking along towards Dream Lake Road and it’s getting louder and I’m like ugh, It’s equipment from the pit. So that’s how far the noise from a mining operation will travel. That’s quite a distance. It’s loud, it’s noisy and I truly believe a new mining operation is going to affect our quality of life for quality of life for decades to come. So that’s why I have been coming to these meetings, I wanted to see where this is going. I would be happy if it was tabled so we could protect us if this is going to go through I want the residents to be protected as much as possible. I would prefer the zoning law was not amended so we could prevent the further deterioration of our quality of life on Dream Lake Road. Thank you. SUPERVISOR STROUGH- Anybody else from the public like to speak to this? Seeing none, Town Board would you like the applicant to return for questions? MR. MARCELLE- We just want to clarify a point that Ms. Braymer brought up. We said there was no mining going to go on 1-59.2 but the road does cut over a corner of that. So that should be included. COUNCILWOMAN SWITZER- Okay. MR. MARCELLE- That’s correct. When the question was asked we said there was no mining going on in there but the road does go on parcel 279.-1-59.2 in the corner. So that would be included in the parcel…Resolution. COUNCILWOMAN ATHERDEN- So all four would be listed. MR. MARCELLE- Um, one, two, three, four, that is correct, yes. COUCILWOMAN SWITZER- Okay. MR. MARCELLE- I just wanted to correct that. SUPERVISOR STROUGH- So just for the record, the four parcels that you’re referring to… MR. MARCELLE- …It would be… SUPERVISOR STROUGH- 279-1-48. COUNCILWOMAN ATHERDEN- Right. MR. MARCELLE- Yes, that’s the Kubricky parcel. SUPERVISOR STROUGH- 279-1-72. MR. MARCELLE- That’s correct. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 544 SUPERVISOR STROUGH- 279-1-73. MR. MARCELLE- Correct, and the fourth one would be 279.1-59.2. SUPERVISOR STROUGH- Are those…okay. MR. MARCELLE- Because the road, the way it’s laid out right now will go through the corner of their property. SUPERVISOR STROUGH- Okay. So are those rural residential five acre? MR. MARCELLE- Excuse me? SUPERVISOR STROUGH- Are they zoned rural residential five acre? MR. MARCELLE- Yes, I believe they are. SUPERVISOR STROUGH- So they would allow the road… ATTORNEY LAPPER- Yes. MR. MARCELLE- Yes. SUPERVISOR STROUGH- Okay. MR. MARCELLE- With the exception of Kubricky. SUPERVISOR STROUGH- So you want me to go down through my list. ATTORNEY LAPPER- I also want to respond to something that came up that Claudia had mentioned. SUPERVISOR STROUGH- Okay. ATTORNEY LAPPER- She had suggested that the 16 months from when you vote on this… SUPERVISOR STROUGH- Yeah. ATTORNEY LAPPER- But we still have to go through the Town Planning Board process and that could take a number of months so we’ll need 16 months to do the project right. It really needs to be from when the Planning Board approves it. In terms of Mr. Holding, Butch can address this as well, but the way he described the process, the land will be cleared and grubbed all at once. That’s not…the road has to be built in stages as I mentioned before. You’d have too much disturbed land if you did the whole road all at once and cleared it and graded it and graveled it. So it’s going to be built in stages. It has to be from the pit where the materials are. But that also means that there’s not going to be logs coming out for 16 months because that’s just part of the process. We’ll clear the trees, get rid of them…they’ll go up and clear the next section. It’s just a practical issue. SUPERVISOR STROUGH- You couldn’t do the logging from the outside in? MR. MARCELLE- We haven’t gotten that far yet, John, but we can look at that. We can get the logs…first of all, you need them … is five acres it’s not forty-two acres. So the road is five acres and area plus or minus, and again we’re going to get out there and take a look at it. But it’s not forty-two. The intent is not to go in there and take all of the trees and all of the foliage out of the property, that’s not the way it operates at all. We’re going to go in there in build the road. We’re going to continue to operating where we are in the pit, we’re going to continue to operating where we are in the pit. We’re going to continue to try to grow that a little bit as we get our special use permit, so on and so forth. The intent here is not to increase, the 64 loads, and I don’t know that number but that was referred to earlier, Schermerhorn had a project over here on right up here across the college and they bought sand from us to fill in because they had clay. They REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 545 were removing the clay and bringing sand… so he had four or five trucks that were making a very short run here. I don’t know the count, I don’t know how many trucks went through there on that day, but there were more than 14, obviously, because I think he had three or four trucks and they were making a very close haul. But, that was for a couple of days, that didn’t last for the whole season because we don’t…so that explains I think what that was. Mr. Schermerhorn needed some material and he bought it from us and he had four of his own trucks hauling it close by. I think they made a cycle probably every 15 or 20 minutes. ATTORNEY LAPPER- That’s not typical. MR. MARCELLE- That’s not typical, it hasn’t been typical since we’ve… SUPERVISOR STROUGH- Okay. COUNCILMAN FERONE- I wanted to ask something. SUPERVISOR STROUGH- Go ahead. COUNCILMAN FERONE- Not to create a hardship for you. But if there’s any one thing that was said a little bit earlier that kind of struck me was the fact of what direction the road’s going to be built and how the construction of the road, if from the pit out is going to cause a lot of activity on Dream Lake Road. You know, activity of materials, logs, whatever, in that you have such a large area to begin with as you’re constructing that road out. Can you just store that stuff someplace on the side so that it could be brought out on Ridge Road later on… MR. MARCELLE- Later… COUNCILMAN FERONE- Later on… MR. MARCELLE- That’s something we can look at, George. COUNCILMAN FERONE- And not cause… MR. MARCELLE- When I heard that, again, I haven’t sat down… COUNCILMAN FERONE- I know… MR. MARCELLE- We haven’t made final plans because this things been going on for four and a half years. At some point when we get ready we’d be happy to sit down and talk about that with the Town. I can’t promise you there’s not going to be another truck. That’s the hard part is that I can’t make commitments to you until we get approvals and we get a road. We have to get the designs, special use permits and then we can put a construction plan together because I’m sure the Planning Board is going to ask, what are you going to do up there. They’re going to want to see a plan, they’re going to want to see a section of the road. We’re prepared to do all that. We recognized and understand what you’re asking and that could be a possibility, but we’re not going to go up there and strip 40 acres or 50 acres of material. That’s not going to happen. The road is going to take five acres and we’re going to make that as tight as we can because we don’t want to… COUNCILMAN FERONE- And I know, like you said, if you have to put your plans together but it’s not going to take you 15 months to build that road. Do you have an estimate from start to finish how long it’s going to take? MR. MARCELLE- Well, I don’t know when we’re going to get approval. As I say, it’s been four and a half years so if we get an approval and we have the winter season, that could last six months up here, we’ve already lost, that’s why it was hard to commit to a year. We’ll obviously try to expedite it. COUNCILMAN FERONE- I mean, is it a four month project, is it a six month project, is it an eight month project? MR. MARCELLE- I would suspect it’s six to eight months. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 546 COUNCILMAN FERONE- Okay, in good weather. MR. MARCELLE- In decent weather, yes. And we’re going to try to do it on a small scale. We’re not coming in there with scrapers and large pieces of equipment. We’re going to try to do it with our own equipment pretty much. And we use a local guy that’s crushing for us … and he’s got some equipment so the plan isn’t to come in there and create havoc but to kind of do it an organized manner and sections at a time because we’ve got to be careful, DEC is very concerned about, obviously, the run-off and so on and so forth. So we’re not going to go in there and chop everything out. We have to kind of do it in stages and try to make it make some sense. That’s expensive to do that. We’ve got to relocate the scales, our bond increases, the bond premium goes up so there’s a lot of expense here to do all of this. It’s not a free pass by any means. ATTORNEY LAPPER- The up side is that Dream Lake Road has been used for decades as a pit. It was there long before Fort Miller bought it in the 1950’s and the result of this will be that there won’t be truck traffic on Dream Lake Road, which the neighbors really should appreciate. COUNCILMAN FERONE- I don’t think 50 years ago there were as many environmental concerns as there are today. Today there’s probably more concerns for an operation like that than there would have been 50 years ago. SUPERVISOR STROUGH- Anybody else have questions for the applicant. COUNCILWOMAN SWITZER- The only question that I have, and I don’t know if legally the consent, getting Kubricky’s consent to the rezoning to the conditions. If that’s something that can be included in this or… ATTORNEY LAPPER- If it’s a condition of approval it’s a condition… COUNCILWOMAN SWITZER- Okay. TOWN COUNSEL, MARK SCHACHNER- I understand what Mr. Lapper, although he looked at me when he said it, I understood you to you to be asking, my words, not yours, paraphrasing, would the Town Board have the legal authority to require as a condition as an approval the consent of one of the other property owners. COUNCILWOMAN SWITZER- Correct. TOWN COUNSEL, SCHACHNER- And the answer to that would be affirmative. COUNCILWOMAN SWITZER- Okay. ATTORNEY LAPPER- So they sign the application to give us permission as their agent to grant us an easement, and grant us an easement to go over the property to build … and to use it. So they have already signed on to the application. If it’s something that you want, I would just need a little more time to see where they are and get something signed. SUPERVISOR STROUGH- So is this one of the property owners; you don’t own the piece of property? COUNCILWOMAN SWITZER- This is the Kubricky… MR. MARCELLE- We do not own that, we have an easement that we’ve filed with the Warren County… SUPERVISOR STROUGH- Oh, it’s the Kubricky property. MR. MARCELLE- Yes. COUNCILWOMAN SWITZER- Right, right. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 547 SUPERVISOR STROUGH- Don’t you have a contract to purchase that? MR. MARCELLE- No. COUNCILWOMAN SWITZER- No. ATTORNEY LAPPER- An easement. MR. MARCELLE- We’re not purchasing… COUNCILWOMAN SWITZER- And I think that’s the purpose of… MR. MARCELLE- We don’t intend to purchase it. ATTORNEY LAPPER- That’s why there’s an easement… COUNCILWOMAN SWITZER- Requesting the consent. MR. MARCELLE- They gave us an easement of record that’s on file in Warren County and they also signed the application to build the road. SUPERVISOR STROUGH- Well that’s implied consent. MR. MARCELLE- Correct. That’s what I’m saying, They are aware of it. We’re going to be paying… COUNCILWOMAN SWITZER- So I guess if it’s implied consent then it shouldn’t be a big deal if we include it in this if we can do it legally. That’s what my viewpoint is. ATTORNEY LAPPER- If you want that, it’s fine. I just would ask to give me 10 days to file the consent with the Town Clerk. So if someone is out of town…we haven’t approached them recently… TOWN COUNSEL, SCHACHNER- There’s an easy way to accomplish that. We can just change what I’m now going to call proposed condition number six and I’ll tell you why. To simply say the applicants and Kubricky (whatever the name of the entity is) written consents and make it 10 days. Fill in the blank with 10 days. MR. MARCELLE- That will work. COUNCILWOMAN SWITZER- So…both. ATTORNEY LAPPER- That’s fine MR. MARCELLE- We can do that. COUNCILWOMAN ATHERDEN- Is there any way to determine the exact truck traffic that occurs on a daily basis? Because there seems to be a big difference. MR. MARCELLE- I gave you the… I’ll go back and look at that and give you that information. I think I provided it to the Town Board before when we were talking. I know we talked to the Planning Board. The average is like 14 or 15. COUNCILWOMAN ATHERDEN- Okay. MR. MARCELLE- Right now we’re getting three or four loads a day, five loads a day. That’s an average. You asked me for an average so we could have 30 on one day and five on the other. COUNCILWOMAN ATHERDEN- So max could be 30 a day. I mean the max that might travel that. MR. MARCELLE- It could be, it could be 12. When Schermerhorn was doing the work … REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 548 COUNCILWOMAN ATHERDEN- Yes. MR. MARCELLE- Someone said it was 60. I didn’t count them, but… COUNCILWOMAN ATHERDEN- And that was unusual. MR. MARCELLE- Yes, they were looking for material, we had it, they bought it… use their own trucks, that was it. I think that’s what Mr. Holding might have been referring to. SUPERVISOR STROUGH- It appears that everybody has a consensus as to, or agreement I should say, as to desiring some kind of signage on Bay Road. Again, we don’t have the jurisdiction to approve such a thing if it’s a county road. We can request it, right? TOWN COUNSEL, SCHACHNER- Are you asking me this question? SUPERVISOR STROUGH- Yeah, I’m asking you. TOWN COUNSEL, SCHACHNER- You don’t have the authority to grant the permission to put a sign on the road because it is a county road but you do have the authority to make it a condition of a rezoning. If the condition fails, the rezoning fails. MR. MARCELLE- We would say best efforts, but we can’t control that. TOWN COUNSEL, SCHACHNER- To the Town Board. COUNCILWOMAN ATHERDEN- Otherwise there’s the problem as Tony pointed out. There would be a big problem with turning around. SUPERVISOR STROUGH- So number seven would be some kind of language on the signage. MR. MARCELLE- But you can’t hold us, you can’t require it because we don’t own the property. We’ll agree to apply for it. SUPERVISOR STROUGH- So alright, we still have to…I think we’ve got to work on it a little bit. COUNCILWOMAN ATHERDEN- Yes. SUPERVISOR STROUGH- Other thoughts, Town Board? COUNCILWOMAN ATHERDEN- I’m unsure now because mainly on the effect on the citizens, the residents of the area. Hearing Dream Lake Road saying, because I thought, you know there’s been such a history here, I thought that one of the original reasons was to get the traffic off Dream Lake Road. If they don’t actually care, given a choice between having another pit and a road as opposed to not having that and having Dream Lake, they seem to be willing to go with the traffic. ATTORNEY LAPPER- Those are only a few people, there are 14 homes on Dream Lake Road. You only heard from a few people. You’ve got to believe that the majority of people are happy with this. SUPERVISOR STROUGH- And if I remember the testimony of some of the people that spoke tonight, spoke in favor, at one time, of alternate access, especially when it was going to go out to 149. But, DEC and wetland conditions over there kind of made it difficult to locate a road there. It appeared to be easier to locate the road on Ridge Road, taking the burden off of Dream Lake Road. There clearly was some desire on behalf of the Dream Lake residents, I know I’m hearing a different story tonight, but to get the heavy traffic off of their residential road and give them peace and quiet again. They were very happy, if you remember that we would gate the Dream Lake Road access, which was their suggestion. So there’s kind of conflicting thoughts here, and the Dream Lake Road would only be used for emergency purposes. That went over well with the REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 549 residents in general. Keeping that in mind, I find it difficult to believe that the quality of life would be better for them leaving the existing conditions as they are. COUNCILWOMAN ATHERDEN- … we heard from anyone on Ridge Road as regards any concerns? SUPERVISOR STROUGH- Keep in mind there is going to be a Planning Board hearing. COUNCILWOMAN ATHERDEN- Right, but we haven’t heard of anybody. COUNCILMAN METIVIER- Yeah, Kip Grant came by? COUNCILWOMAN ATHERDEN- Was he concerned? COUNCILMAN METIVIER- Yes. COUNCILWOMAN ATHERDEN- …the noise. COUNCILMAN METIVIER- But, you know, the operation inside isn’t changing it’s just the movement of the trucks. COUNCILWOMAN ATHERDEN- It just seems like you’re moving the issue from Dream Lake Road to Ridge Road… COUNCILMAN METIVIER- Well, you’re moving it to a less populated area. ATTORNEY LAPPER- Right now there are a whole bunch of homes on Dream Lake Road where the trucks go right in front of their house. They’ll take this private road right out to Ridge Road, the State road. That’s a big difference. COUNCILMAN METIVIER- And they’re away from the houses. ATTORNEY LAPPER- They’re up by the transfer station. COUNCILMAN METIVIER- Those houses, I mean… the woman who spoke, I apologize, I didn’t get her name, she kept saying this is a new operation. It’s not a new operation, it’s an existing operation with a new entrance and exit. Correct, or am I missing something? COUNCILWOMAN ATHERDEN- There’s an expansion. It’s not just simply building the road to the existing… ATTORNEY LAPPER- …be going on for a long time either way. COUNCILWOMAN ATHERDEN- I’m sorry. ATTORNEY LAPPER- The mining operation will be going on for a long time either way. COUNCILWOMAN ATHERDEN- Right, the existing one. ATTORNEY LAPPER- Yeah, with Dream Lake Road. COUNCILWOMAN ATHERDEN- Right. SUPERVISOR STROUGH- And the other thing that I’m hearing is the designing of the road construction to minimize vehicle and equipment use of Dream Lake Road. I don’t know. ATTORNEY LAPPER- We’ll address that with the Planning Board for the special use permit. SUPERVISOR STROUGH- Yeah. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 550 COUNCILWOMAN ATHERDEN- And the MDR to RR. I know when we did talk about it initially months and months ago nobody seemed concerned that we were going to be allowing, therefore allowing mining in all RR’s. Nobody’s concerned still? ATTORNEY LAPPER- No mining is going to take place on the Kubricky property. That was already mined and closed. COUNCILWOMAN ATHERDEN- No, I know but us changing the zoning for you… COUNCILWOMAN SWITZER- Just in general. COUNCILWOMAN ATHERDEN- Means it opens up mining on all… MR. MARCELLE- I think the Resolution had 25 acres as a minimum so you have that 25 acres, you have that DEC permit, you have the APA to deal with. We’ve gone through all the processes so it’s not that, from my opinion, you kind of quantify what’s going to happen if you want to do this in an RR-5 zone. You put very strict conditions on that, 25 acres and… COUNCILWOMAN ATHERDEN- That’s right, and a 1,000 feet. There was 1,000 feet somewhere, 1,000 feet away from your neighbors, right? SUPERVISOR STROUGH- Okay, I’m going to go down, where are you on this, Tony? COUNCILMAN METIVIER- Well I think we’ve beaten a dead horse at this point. I mean, the Holdings met, they know what the requests are, they’ve agreed to them. To continue this on any longer just seems absurd to me at this point. We’ve done everything they’ve asked us to do, everything. Now asking that we stop everything and keep the trucks on Dream Lake. I’ll never understand that, never, for the life of me understand that rationale, so I’d like to move forward. COUNCILWOMAN ATHERDEN- I’m still concerned about the increased truck traffic, possible increased truck traffic on Jenkinsville, since we’ve had residents come and complain about it. I wonder, I know that can’t be something about the zoning but I wonder if this Board cannot say that we will investigate doing something about it? SUPERVISOR STROUGH- I already said that. COUNCILWOMAN ATHERDEN- Right, but I mean give us a deadline, that there would be a deadline to look at this and we would come to some conclusion before… SUPERVISOR STROUGH- Again, that’s the Highway Department. COUNCILWOMAN ATHERDEN- Understand that. SUPERVISOR STROUGH- We can request the Highway Department consider some kind of limitation for truck traffic on some part of Jenkinsville going eastward, for example… COUNCILWOMAN ATHERDEN- I wonder also if it would be worthwile doing a traffic study on Jenkinsville. It seems like it’s a real problem there. SUPERVISOR STROUGH- Well you can say that of almost road in Queensbury. COUNCILWOMAN ATHERDEN- Well you have a park out there, which makes it a little bit different. COUNCILMAN METIVIER- The fact remains that if you have two cars, one turns on to Jenkinsville and one goes to Ridge, East Sunnyside is the exact difference in time. So it’s not really a shortcut. It would not be the end of the world if we limited truck traffic on Jenkinsville. There’s alternate routes, there’s 149; so I think we need to have that discussion with Dave. SUPERVISOR STROUGH- Yeah, so I think you see the consensus of the Board is that we will have that discussion with Dave Duell and possibly make some kind of request limiting truck traffic. Any other thoughts, Catherine? REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 551 COUNCILWOMAN ATHERDEN- No. SUPERVISOR STROUGH- Well I’ll go in order, just so everyone says I don’t get to go last. I think Tony summarized it for me, as well. I mean we have given due thought to this for a long, long time. We left the public hearing open. We’ve listened to the people that are mostly concerned about that; we listened to them. We did react to them, we did provide conditions and we may have some more conditions tonight that we could add. I’m thinking that this process needs to move forward. I’m inclined to approve the rezoning myself, I only speak for myself, with some conditions and the fact that we’ll take a look at truck traffic on Jenkinsville but it won’t be a condition for this application but it will be something we’ll ask Dave Duell to have that conversation with us. That’s the way I feel. George? COUNCILMAN FERONE- I’m never one to kick the can down the road but there was a lot talked about tonight. We did talk about some additional, number six, number seven. How are we going to deal with the signage issue? Are we just going to say we’ll deal with that with the County to get that done? SUPERVISOR STROUGH- I think Counsel made a suggestion that if they don’t get the signage then, I’m sorry, what were the words? TOWN COUNSEL, SCHACHNER- I haven’t read them yet but the proposed condition that I wrote down, and I understand that the applicant does not consent to this condition. But applicant’s consent is not required to a condition and the applicant’s absolutely 100% correct that the proposed condition would not be within 100% of the applicant’s control, as was the mandate from the wizard to bring us the broom of the wicked witch was not within anyone’s 100% control. Nonetheless, you have the authority to impose this condition if you wish to do so. What I wrote and there’s no magic to what I wrote, you can massage it or reject it or do whatever you like, is signs indicating that mine access is only on Ridge Road shall be placed on Bay Road to the north and south of the entrance of Dream Lake Road for a period of at least one year. SUPERVISOR STROUGH- Okay. George, does that work? COUNCILMAN FERONE- I think that addresses that, yes. SUPERVISOR STROUGH- Anything else? COUNCILMAN FERONE- No, I think everything else was taken care of. We are including those additional tax map numbers on there. I think that was important. TOWN COUNSEL, SCHACHNER- I have other revisions…whatever you like. SUPERVISOR STROUGH- Well… TOWN COUNSEL, SCHACHNER- If you like. SUPERVISOR STROUGH- Let’s let Jennifer… COUNCILWOMAN SWITZER- I tend to agree with George on this. I think that we’ve addressed everything, but again we’re addressing everything here at the meeting so it’s not, I’d like to see it in writing. I’d like to make sure the applicant has a chance to look at them again, as well; and see where we go from there. Again, I think we addressed the additional tax map numbers that are being added in, the Kubricky consent that’s being added back in. We’re up to, we started with a Resolution that had five conditions and now we’re talking about a Resolution that would up to as many as seven. TOWN COUNSEL, SCHACHNER- So I missed one. I only have six. COUNCILWOMAN SWITZER- Yeah, I was trying to figure out because I only had six too. The signage would be six, correct? REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 552 TOWN COUNSEL, SCHACHNER- Well I was proposing to renumber and make the signage the new number four, make the existing number four five and make the existing number five number six, and that’s how I get to six. COUNCILWOMAN SWITZER- Okay. COUNCILMAN FERONE- Didn’t we have an issue with something that had to do with the applicant and Kubricky within 10 days to get… TOWN COUNSEL, SCHACHNER- Right, I was proposing to modify what was condition number five… COUNCILWOMAN SWITZER- Number five. TOWN COUNSEL, SCHACHNER- In my mind would now be condition number six to read as follows: the applicants and Kubricky John and Sons, Inc.’s written consent to the rezoning on the above conditions shall be filed in the Town Clerk’s Office within 10 days of adoption of this Resolution. COUNCILMAN FERONE- So that’s why there’s only six. COUNCILWOMAN SWITZER- Because we incorporated the two of those. TOWN COUNSEL, SCHACHNER- Exactly right. I will just continue and I’ll be done. You can do or not do. I revised condition what was four but in my mind would now be five to simply read within 16 months of final Planning Board approval for the expansion of the mining operation on any of tax map numbers, that’s a plural 279.-1-48, 279.-1-72, 279-1-73 or 279-1-59.2. Those are all the revisions that I wrote down and reflect …where I thought the Town Board was headed. Of course, do or don’t do as you see fit. COUNCILMAN FERONE- I have a document that said that that last one was 279.-1-1-59. COUNCILWOMAN SWITZER- That’s too many numbers…tax map number. COUNCILMAN FERONE- That’s too many numbers, okay. COUNCILWOMAN SWITZER- Or no, it’s 279.-1-…so that is okay. TOWN COUNSEL, SCHACHNER- .1-59.2. COUNCILWOMAN SWITZER- Yes, it’s 279.1-1-59.2. COUNCILMAN FERONE- Okay. SUPERVISOR STROUGH- Alright… COUNCILWOMAN ATHERDEN- Are we going to say anything at all about the building of the road? You know, the suggestion that you made… SUPERVISOR STROUGH- Can the Town Board make a suggestion, probably can’t, to the Planning Board? TOWN COUNSEL, SCHACHNER- You’re not prohibited from doing so but a) I would not put it in a rezoning resolution and, b) there is some notion that the Planning Board should exercise its own independent judgement free from the input of those who appoint them. SUPERVISOR STROUGH- Right. So that’s what I thought too. TOWN COUNSEL, SCHACHNER- Just so I’m clear on that, it’s not unlawful for you to make a suggestion but in some circles it’s frowned upon for the reason I just said. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 553 ATTORNEY LAPPER- I would just request, those conditions are fine but I would request that the Town Board indicate or assist us with the County to indicate you feel it’s important that those signs be placed there. Help us convince County DPW to allow us to place the signs there. COUNCILWOMAN SWITZER- I think it’s in our best interest as well as yours. COUNCILMAN FERONE- Sure. ATTORNEY LAPPER- With your help we probably could… SUPERVISOR STROUGH- Alright, let me go backwards. Jen, I get the feeling you’d like to see this all in writing to be very clear about it. COUNCILWOMAN SWITZER- Right, best-case scenario. SUPERVISOR STROUGH- You seem to be okay with the conditions, but you just want to see it in writing. You want this thing ironed with the County, maybe we can get that done in the next two weeks or something, right? COUNCILWOMAN SWITZER- Right. SUPERVISOR STROUGH- George, I get the feeling you’re there too. COUNCILMAN FERONE- Well, yeah. Think about all the time we’ve spent up to this point. I know, like I said, I hate kicking the can down the road but to wait another two weeks and get this in writing so we can all look at it. I know the folks that spoke tonight would like to get a look at it too just to be fair. SUPERVISOR STROUGH- And we’ve waited this long. If it would make the Board feel a little bit more comfortable getting this writing down. We’ll put you back on in two more weeks. Catherine? COUNCILWOMAN ATHERDEN- Yes, I would agree with that. COUNCILMAN METIVIER- That’s fine, that’s fine. SUPERVISOR STROUGH- Alright. John I think you heard Mark put out some pretty good… ATTORNEY LAPPER- What Mark said is fine, just get us that in writing and come back in two weeks. SUPERVISOR STROUGH- So in the meantime, we could talk to the County and see what’s involved here. ATTORNEY LAPPER- Yes. SUPERVISOR STROUGH- Okay, alright? COUNCILMAN METIVIER- Can you work on getting that sign off from Kubricky in the next… COUNCILWOMAN SWITZER- The consent. ATTORNEY LAPPER- You’re giving us 10 days after the Resolution. COUNCILWOMAN SWITZER- After the Resolution, right. Because I think what they’re talking about is the right people aren’t available at this point for you to do that anyway. ATTORNEY LAPPER- I’d rather just go to them once with the final Resolution. COUNCILMAN METIVIER- Okay. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 554 ATTORNEY LAPPER- To sign off on… SUPERVISOR STROUGH- Okay. COUNCILMAN METIVIER- Okay, I was just thinking you could take one of the conditions off. SUPERVISOR STROUGH- Alright, I think we’re in agreement… COUNCILMAN FERONE- Do we know what that sign is supposed to…are we in agreement approximately what that sign is… SUPERVISOR STROUGH- No, I don’t think we’re in a 100% agreement but we’ve got two weeks to work on that, George. COUNCILMAN FERONE- Okay, but we want to present it to DPW at some point, right, at some point? Warren County COUNCILWOMAN SWITZER- To the County. SUPERVISOR STROUGH- The County, yeah I think we do. So I’m going to see if Jon can work on something on that. th COUNCILMAN FERONE- I have a meeting next Tuesday, on the 26 and I could add that to what… ATTORNEY LAPPER- It holds a lot more weight coming from you guys. COUNCILMAN FERONE- Okay. SUPERVISOR STROUGH- Okay? ATTORNEY LAPPER- Yes. SUPERVISOR STROUGH- Alright, thank you. ATTORNEY LAPPER- Thank you. SUPERVISOR STROUGH- I’ll leave the public hearing open. PUBLIC HEARING LEFT OPEN- TO REVIST ON APRIL 1, 2019 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN) LAURA KOHLS- Spoke regarding Resolution 4.10, Resolution to Amend 2018 Budget. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF $1,500 DONATION FROM ADIRONDACK SOCCER CLUB INC. DBA NORTHERN UNITED SOCCER CLUB FOR TOWN RECREATION DEPARTMENT’S SOCCER GOAL PURCHASE RESOLUTION NO.: 89, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 555 SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Adirondack Soccer Club, Inc. DBA Northern United Soccer Club has offered to donate $1,500 to the Town of Queensbury Parks and Recreation Department towards use the purchase of a new set of soccer goals and/or other soccer equipment at the Ridge Jenkinsville Park, 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 hereby approves and accepts the donation of $1,500 from the Adirondack Soccer Club, Inc., DBA Northern United Soccer Club towards the Town Parks and Recreation Department’s purchase of a new set of soccer goals and/or other soccer equipment at the Ridge- Jenkinsville Park, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase the Recreation Programs Expense Account No.: 001-7110-4824 by $1,500 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by $1,500, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Director of Parks and Recreation to send a certified copy of this Resolution to the Adirondack Soccer Club, Inc., DBA Northern United Soccer Club with a letter from the Town thanking the Club for its generosity. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING HEARING ON BAY ROAD SELF STORAGE, LLC’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 556 SANITARY SEWER CONNECTION REQUIREMENTS RESOLUTION NO.: 90, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 “Connection to sewers required” which requires Town property owners situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Bay Road Self Storage, LLC has applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection requirements to connect its property located on Bay Road, adjacent to Duke Industrial Park Road, to the Queensbury Consolidated Sanitary Sewer District, with the understanding that any waiver approval would be based on the self-storage use and redevelopment of the property with a different use would negate the waiver, as set forth in its February 27, 2019 application presented at this meeting, NOW, THEREFORE, BE IT st RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, April 1, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Bay Road Self Storage, LLC’s sewer connection variance/waiver application concerning its property located on Bay Road, adjacent to Duke Industrial Park Road, Queensbury (Tax Map No.: 302.8-2-23), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by law. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 557 RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 91, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 349,2018, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 277,2018, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2018, and WHEREAS, the Town has received a proposal from Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2019 for an amount of $1,000 per day for up to 35 days, plus a one- time set up fee of $200, not to exceed a total of $35,200, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Glen Lake, and WHEREAS, a copy of Aqualogic, Inc.’s proposed Contract for Services is presented at this meeting, and WHEREAS, in Chapter IV(3)(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used in connection with the project being undertaken or continued or a substantially similar project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to authorize engagement of Aqualogic for an Aquatic Vegetation Management Program for Glen Lake in 2019, and REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 558 WHEREAS, the Town will adhere to all New York State Law bidding requirements as may be applicable, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2019 for an amount of $1,000 per day, plus a one-time set up fee of $200, not to exceed a total of $35,200, in accordance with Aqualogic, Inc.’s “Contract for Services” substantially in the form presented at this meeting, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Glen Lake, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790-4400 not to exceed $35,200 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Contract for Services substantially in the form presented at this meeting and any needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF AQUALOGIC, INC. FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH LAKE SUNNYSIDE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 92, 2019 REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 559 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 273,2012, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Lake Sunnyside Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 68,2013, the Town Board appointed (5) persons who are property owners within the District and/or Protective Association of Lake Sunnyside (PALS) members, to the Lake Sunnyside Aquatic Plant Growth Control District Advisory Committee (Committee), and WHEREAS, by Resolution No.: 350,2018, the Town Board adopted the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2018, and WHEREAS, the Committee has recommended that the Town of Queensbury authorize engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2019 for an amount of $1,000 per day, plus a one-time set up fee of $200, not to exceed a total of $30,200, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Lake Sunnyside, and WHEREAS, a copy of Aqualogic, Inc.’s “Sunnyside Lake 2019 DASH Bid” proposal is presented at this meeting, and WHEREAS, by Resolution No.: 80, 2018, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2018, and WHEREAS, in Chapter IV(3)(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used in connection with the project being undertaken or continued or a substantially similar project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to authorize engagement of Aqualogic for an Aquatic Vegetation Management Program for Lake Sunnyside in 2019, and WHEREAS, the Town will adhere to all New York State Law bidding requirements as may be applicable, REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 560 NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Lake Sunnyside in 2019 for an amount of $1,000 per day, plus a one- time set up fee of $200, not to exceed a total of $30,200, in accordance with Aqualogic, Inc.’s “Sunnyside Lake 2019 DASH Bid” proposal presented at this meeting, such Program to consist of Diver Assisted Suction Harvesting (D.A.S.H.) to control invasive aquatic species within portions of Lake Sunnyside, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Lake Sunnyside Misc. Contractual Account No.: 052-8790-4400 not to exceed $30,200 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign an Agreement with Aqualogic, Inc., in form acceptable to the Town Supervisor and Town Counsel, as well as any other needed documentation, and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING INSTALLATION OF STREET LIGHT AT INTERSECTION OF RICHMOND HILL DRIVE AND UPPER SHERMAN AVENUE REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 561 RESOLUTION NO.: 93, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, due to public safety concerns, the Queensbury Town Board wishes to arrange for the placement of a street light at the intersection of Richmond Hill Drive and Upper Sherman Avenue in the Town of Queensbury, and WHEREAS, such light would be located outside the boundaries of any Town of Queensbury Lighting District, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the installation of a high pressure sodium lamp at the intersection of Richmond Hill Drive and Upper Sherman Avenue in the Town of Queensbury on either National Grid Pole #91 or #91½ as may be determined most appropriate by National Grid, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that annual charges for the light (which is outside of any Town Lighting District) shall be billed from General Fund Account No.: 001-5182-4305 and/or such Account as may be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor’s Office to make all necessary installation arrangements with National Grid and the Town Supervisor and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 562 NOES: None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY’S CLEAN ENERGY COMMUNITIES’CLEAN ENERGY COMMUNITY GRANT FUNDS AND AGREEMENT RESOLUTION NO.: 94, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) seeks clean energy that can power New York while protecting the environment and NYSERDA developed a Clean Energy Communities program which local governments in New York State, including the Town of Queensbury, can use to implement clean energy actions, and WHEREAS, by Resolution No.: 209,2017, the Queensbury Town Board declared its intention to participate in NYSERDA’s Clean Energy Communities program and unified permitting process, and WHEREAS, by Resolution No.: 230,2017, the Town Board adopted and established its Energy Benchmarking Policy mandating public reporting of building energy benchmarking, and WHEREAS, by Resolution No.: 231,2017, the Town Board authorized establishment of the Clean Energy Communities Capital Project and Clean Energy Communities Capital Project Fund #219, formation of a Clean Energy Communities Committee and approved its membership with Kathy Bozony as paid contractor as Chairperson, and WHEREAS, the Town, with the help of its Clean Energy Communities Committee, received designation as a Clean Energy Community and became eligible for a $50,000 grant, and WHEREAS, by Resolution No.: 136,2018, the Town Board authorized an application for the $50,000 (no in-kind match) Clean Energy Communities’ Clean Energy Community Grant, and WHEREAS, NYSERDA has awarded to the Town of Queensbury such $50,000 (no in-kind match) Clean Energy Communities’ Clean Energy Community Grant, REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 563 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $50,000 (no in-kind match) Clean Energy Communities’ Clean Energy Community Grant funding from the New York State Energy Research and Development Authority (NYSERDA) as set forth above, and BE IT FURTHER, RESOLVED, that the Town Board further establishes appropriations and estimated revenues as follows:  Increase Appropriations in Account No.: 219-8030-4400 by $50,000; and  Increase Revenue in Account 219-0000-53910 by $50,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments and transfers, and/or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed Grant Agreement in form acceptable to the Town Supervisor, Senior Planner and/or Town Counsel, and/or any other documentation, and further authorizes and directs the Town Supervisor, Senior Planner, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019, by the following vote: REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 564 AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING ONE (1) YEAR RENEWAL OF ANIMAL CONTROL SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPCA OF UPSTATE NEW YORK, INC. RESOLUTION NO.: 95, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 126,2018, the Town of Queensbury authorized an Animal Control Services Agreement with the SPCA of Upstate New York, Inc., (SPCA) for a one (1) year period, from April 1, 2018 through March 31, 2019, with the option of renewing such Agreement for four (4) additional one (1) year terms, and WHEREAS, the Town Board wishes to renew such Agreement for a period of one (1) year or from April 1, 2019 through March 31, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one (1) year renewal of the Animal Control Services Agreement between the Town of Queensbury and the SPCA of Upstate New York, Inc., (SPCA) as previously authorized by Town Board Resolution No.: 126,2018, from April 1, 2019 through March 31, 2020 for an annual fee of $75,000, in equal monthly installments of $6,250 to be paid in arrears, with additional charges and/or reimbursements due for emergency responses outside of normal business hours as set forth in the Agreement, which shall be commemorated in the form of a new Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Animal Control Services Agreement substantially in the form presented at this meeting and forward it for execution along with the certified copy of this Resolution to the SPCA, and the Town Supervisor and/or Town REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 565 Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR COMPUTER HARDWARE RELATED TO CONVERSION TO WINDOWS 10 RESOLUTION NO.: 96, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 304,2016, the Queensbury Town Board authorized a five (5) year extension of the Agreement between the Town of Queensbury and StoredTech Technology Solutions, Inc., (StoredTech) for the continued provision of professional information technology services, and WHEREAS, the Town Board wishes to advertise for bids for the purchase of certain computer hardware that will provide for the conversion of the Town’s computer operating system to Windows 10 (Project) as will be described in bid documents/specifications to be prepared by StoredTech and/or the Town Purchasing Agent, and WHEREAS, the Town wishes to purchase such hardware through the New York State Office of General Services Procurement Program or through local bid, 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, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 566 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for certain computer hardware that will provide for the conversion of the Town’s computer operating system to Windows 10 (Project) to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to also publish an advertisement for bids as described above in the official newspaper for the Town of Queensbury, 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. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING HEARING ON HALCYON PROPERTIES, INC.’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENTS RESOLUTION NO.: 97, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 “Connection to sewers required” which requires Town property owners situated within a sewer REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 567 district and located within 250’ of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one (1) year from the date of notice, and WHEREAS, Halcyon Properties, Inc., has applied to the Town Board for a variance/waiver from Town Code §136-44.1 for an exemption from the Town’s connection requirements to connect its property located at 377 Corinth Road, Queensbury to the West Queensbury Sanitary Sewer District as application states that the present use of the property and the distance from the improvement to the end of the sewer pipeline would make a tie-in cost prohibitive, as set forth in the March 11, 2019 application presented at this meeting, NOW, THEREFORE, BE IT st RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, April 1, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Halcyon Properties, Inc.’s sewer connection variance/waiver application concerning its property located at 377 Corinth Road, Queensbury (Tax Map No.: 308.16-2-14), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to the Applicant as required by law. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION TO AMEND 2018 BUDGET RESOLUTION NO.: 98, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 568 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 2018 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990- 4400 Contingency 001-3410-4410 Fuel 330 001-1990- 4400 Contingency Fuel 485 001-3620-4410 001-1990- 4400 Contingency Fuel 100 001-8010-4410 th Duly adopted this 18 day of March, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF MARCH 19, 2019 RESOLUTION NO.: 99, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thth with a run date of March 14, 2019 and a payment date of March 19, 2019, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 569 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March thth 14, 2019 and a payment date of March 19, 2019 totaling $848,919.45, 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. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING TENNIS COURTS REPAIR/ RESURFACING CAPITAL PARK IMPROVEMENT PROJECT, INCREASE IN CAPITAL PROJECT FUND #156, WITHDRAWAL FROM CAPITAL RESERVE NO. 61 AND RECREATION AGREEMENT RESOLUTION NO.: 100, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational developments, and WHEREAS, the Queensbury Recreation Commission previously discussed and agreed to partner with the School District to relocate and expand on the campus outdoor tennis and basketball court facilities, and WHEREAS, the Department of Parks and Recreation makes use of the basketball and tennis courts for recreational programs and activities, and REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 570 WHEREAS, by Resolution No.: 585,2005, the Town Board authorized, in part, creation of the joint outdoor facility project known as the Queensbury School District Outdoor Facility Project and corresponding Capital Project #156, which included construction of tennis courts at the Queensbury School Campus, and WHEREAS, by Memorandum to the Town Board dated December 6, 2018, the Town’s Recreation Commission has requested funding approval for a proposed specific capital improvement and certain maintenance project, i.e., $30,000 toward the estimated $95,000 total cost to repair and resurface the tennis courts (Project), as the Recreation Commission believes that this joint project expenditure will continue to be in the best interest of both organizations as well as a benefit to the community, and WHEREAS, the School District has provided a draft Agreement for the division of rights and responsibilities related to the Project, and WHEREAS, the Town Board wishes to withdraw and expend moneys from Capital Reserve Fund No. 61 in the amount of $30,000 for such specific capital improvement Project, and WHEREAS, the Town Board wishes to authorize such Project and the withdrawal and expenditure of moneys from Reserve No. 61 in the total amount of $30,000, and WHEREAS, in accordance with New York State General Municipal Law §6-c, the Town Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the joint outdoor facility project, i.e, the repair and resurfacing of the tennis courts on the Queensbury School District Campus Capital Project (Project), and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for the Project is an expenditures for a specific capital improvement for which the Reserve Account was established and therefore authorizes an expenditure in the amount of $30,000 from Reserve No. 61, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 571 RESOLVED, that the Town Board hereby authorizes a transfer from Reserve Fund No.: 61 in the amount of $30,000 to Capital Project #156 to fund such Project and further directs that in the event there are funds remaining after completion of the Project or in the event that the Project is not undertaken, the moneys shall be returned to the Reserve, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to increase appropriations and estimated revenues, amend the Budget and take all actions as may be necessary to fund such Project as authorized and as follows:  156-7110-2899 Capital Construction - $30,000  156-0000-55031 Interfund Transfers - $30,000  001-9950-9030-0061 - Transfer to a Capital Project $30,000 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute a Recreation Agreement between the Town of Queensbury and Queensbury Union Free School District setting forth the parties’ rights and responsibilities as related to the Project and use of the facilities, such Agreement to be in a form acceptable to the Town’s Director of Parks and Recreation and Town Counsel, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Budget REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 572 Officer and/or Director of Parks and Recreation to sign any other documentation and take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of March, 2019 by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2019 TO AMEND QUEENSBURY TOWN CODE RELATING TO AESTHETIC STANDARDS FOR SMALL CELL WIRELESS FACILITIES RESOLUTION NO.: 101, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Federal Communications Commission (FCC) adopted the “Wireless Infrastructure Order” (the “Order”) including the “Declaratory Ruling” and the “Third Report and Order”, and WHEREAS, the purpose of the Order was to remove regulatory obstacles that inhibit the deployment of small cell wireless facilities infrastructure necessary for 5G and other advanced wireless services, and WHEREAS, the FCC recently clarified that localities that wish to enforce aesthetic requirements th for small cell wireless facilities must have these requirements published by April 15, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: __ of 2019 to amend the Queensbury Town Code to include aesthetic requirements for small cell wireless facilities, and WHEREAS, before the Town Board may adopt a Local Law it must hold a public hearing in accordance with the provisions of Municipal Home Rule Law, and WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law, REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 573 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 6:00 p.m. on April 8, 2019 to hear all interested persons concerning proposed Local Law No.: ___ of 2019 which provides for changes to the Town of Queensbury Town Code to add aesthetic requirements for small cell wireless facilities, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and posted on the Town’s bulletin board before the date of the Public Hearing, and BE IT FURTHER RESOLVED, that the Town Clerk is further authorized and directed to send the Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER RESOLVED, that the Town Clerk and/or Town Counsel are hereby authorized and directed to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: ___ of 2019. th Duly adopted this 18 day of March, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) LAURA KOHLS- Spoke to the Board regarding sales and occupancy taxes. REGULAR TOWN BOARD MEETING, 03-18-2019, MTG #9 574 7.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN SWITZER (WARD IV)-  Thanked the local volunteer fire companies who last Friday were busy in the Town with flooding issues.  Attended the production at Queensbury High School. Kudos to the students involved in the musical. They do an incredible job every year. COUNCILMAN FERONE (WARD III)-  Glens Falls plays in the Federation Tournament this weekend at the Cool Insuring Arena.  Spoke regarding work on Aviation Road near Cottage Hill. It looks as though the new light will be going in sometime in the near future. COUNCILWOMAN ATHERDEN (WARD II)- The first meeting of a grass roots initiative for clean air will be held on Wednesday at 6:30pm at Crandall Public Library. COUNCILMAN METIVIER (WARD I)- Nothing to report. SUPERVISOR STROUGH-  Congratulations to the Glens Falls Basketball team.  Congratulations to the Queensbury students on their musical performance this year.  Presented Supervisor’s Report to Board and Community.  Spoke regarding the Memorial Day Parade. This year’s theme, “Honor Those Who Never Returned”.  Thanked Look TV and our sponsors for televising these meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 102, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 18 day of March 2019, by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY