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2015-04-20 MTG 14 Regular Town Board Meeting, 04-20-2015, Mtg#14 699 REGULAR TOWN BOARD MEETING MTG#14 APRIL 20, 2015 BOH RES #5-6 7:05 P.M. RES # 143 LL#2 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN BOARD ABSENT COUNCILMAN ANTHONY METIVIER TOWN COUNSEL MARK SCHACHNER PRESS LOOK TV POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH called meeting to order and asked for a moment of silence for Edward Gazel who recently passed away. Ed was an employee of Look TV who attended many of our meetings working the camera. 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO.: 144, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular session to enter as the Queensbury Board of Health. Duly adopted this 20th day of April, 2015, by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Metivier RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND RENEE LITTLE RESOLUTION NO.: BOH 5,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION Regular Town Board Meeting, 04-20-2015, Mtg#14 700 SECONDED BY: Mr. Doug Irish 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, Robert and Renee Little have applied to the Local Board of Health for variances from Chapter 136 to place: 1. an absorption field 80.8' from a neighboring well in lieu of the required 100' setback; and 2. an absorption field serving three (3) residences 0' from a property line between two (2) of the parcels as the field is partially on two parcels, in lieu of the required 10' setback; on property located at 11, 15 and 20 Pioneer Point, Glen Lake, in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, May 4th, 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Renee Little's sewage disposal variance application concerning property located at 11, 15 and 20 Pioneer Point, Glen Lake, in the Town of Queensbury (Tax Map No.: 289.14-1-14, 15 and 19) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Metivier RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO.: BOH 6, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements Regular Town Board Meeting, 04-20-2015, Mtg#14 701 RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board. Duly adopted this 20th day of April, 2015, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Clements NOES: None ABSENT: Mr. Metivier 2.0 PUBLIC HEARINGS 2.1 PUBLIC HEARING- EXTENSION NO. 49 TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE LEUCI SUBDIVISION NOTICE SHOWN PUBLICATION DATE: APRIL 10, 2015 MR. TOM CENTER, NACE ENGINEERING-This is for a water district extension for a new sixteen (16) lot subdivision off of Peggy Ann Road. This parcel is being requested to be included in the district. It's a former parcel that was owned by the City of Glens Falls as part of the watershed and during the mapping was left out and both the, actually the city and the current applicant that it is before you had paid some water taxes for the parcel thinking that they were in the water district and then once we went to do the connection, they discovered that they were not in the water district and those funds were held and set aside until we went through the process of approving this district extension. We worked with the Water Superintendent and the Town Attorney to draft the map, plan and report and everything is in order now and along those lines. SUPERVISOR STROUGH-We have a map, plan and report and the Planning Board has done SEQRA on this issue? MR. CENTER-Yes, a SEQRA negative dec. SUPERVISOR STROUGH-And it was a negative declaration. Anything else Tom? MR. CENTER-No. SUPERVISOR STROUGH-Alright let me see if there's any member of the public that would like to speak to Resolution Approving Extension No. 49 to Queensbury Consolidated Water District to Serve the Leuci Subdivision. Any member of the public wish to speak to this? Hearing none, any questions for the applicant's agent? COUNCILMAN VANNESS-No. SUPERVISOR STROUGH-Do I have a motion approving the extension? COUNCILMAN CLEMENTS-I will move it. SUPERVISOR STROUGH-Moved by Councilman Clements. COUNCILMAN IRISH-I will second it. SUPERVISOR STROUGH-Seconded by Councilman Irish. TOWN CLERK BARBER-Did you close the public hearing? SUPERVISOR STROUGH- Oh, I will close the public hearing on this, thank you. PUBLIC HEARING CLOSED Regular Town Board Meeting, 04-20-2015, Mtg#14 702 RESOLUTION APPROVING EXTENSION NO. 49 TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE LEUCI SUBDIVISION RESOLUTION NO.: 144,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the proposed Leuci Subdivision (Subdivision) on Peggy Ann Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by Thomas Nace, P.E., concerning the proposed Water District Extension No. 49 to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the south side of Peggy Ann Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water District Extension No. 49, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing the proposed water district extension improvements, and WHEREAS, the Queensbury Planning Board, as the Lead Agency, performed the State Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the proposed Water District Extension No. 49, determined that the project would not have a significant effect on the environment and issued a Negative Declaration, and WHEREAS, the estimated annual cost to the "typical property" was filed with the Town Clerk and made a part of the Map, Plan and Report, and WHEREAS, on April 611i 2015, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Water District Extension No. 49; (b)the proposed improvements; (c)the maximum amount proposed to be expended for the improvements; (d)the estimated cost of hook-up fees (if any) and the cost of the proposed Water District Extension No. 49 to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of Regular Town Board Meeting, 04-20-2015, Mtg#14 703 financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District Extension No. 49, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the proposed Water District Extension No. 49 to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed Water District Extension No. 49 was duly held on Monday, April 20t1i 2015 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Water District Extension No. 49 as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. The Order scheduling the Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the proposed Water District Extension No. 49 are benefited thereby; 3. All property and property owners benefited are included within the limits of the proposed Water District Extension No. 49; 4. It is in the public interest to establish, authorize, and approve the proposed Water District Extension No. 49 as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited areas of the proposed Water District Extension No. 49 to be as described in and shown on the map of the proposed Water District Extension No. 49 attached as Exhibit A to the Map, Plan and Report; and Regular Town Board Meeting, 04-20-2015, Mtg#14 704 BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Leuci Subdivision Water District Extension in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, and construction of the improvements may proceed and service may be provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any required approval(s) of the New York State Comptroller's Office; 4. Permissive referendum in the manner provided in New York State Town Law Article 7; and 5. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and to distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Clements NOES None ABSENT: Mr. Metivier 2.2 PUBLIC HEARING—WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE RESCUE PUMPER AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE NOTICE SHOWN Regular Town Board Meeting, 04-20-2015, Mtg#14 705 PUBLICATION DATE: APRIL 03, 2015 SUPERVISOR STROUGH-This is for a new pumper replacing a 1991 Saulsbury at a price not to exceed five hundred ninety-five thousand (595,000) and this is already in the fire company's capital improvement plan. It will have no impact on their budget; they've already included this in their budget. Is there any member of the public that would like to speak to this tonight? Seeing none, any Town Board comments or thoughts? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC.'S PROPOSAL TO PURCHASE RESCUE PUMPER AND AUTHORIZING INCURRENCE OF TAX-FREE FINANCING/DEBT FOR SUCH PURCHASE RESOLUTION NO.: 145,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury and the West Glens Falls Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a"vehicles fund" without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company advised the Town Board that it wishes to purchase a new Spartan ERV Rescue Pumper (Truck) from the Arrowhead Equipment, Inc. Fire Rescue Division to replace a 1991 Saulsbury apparatus for the approximate purchase price not to exceed $595,000, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, proceeds from the sales of the Fire Company's replaced apparatus would be placed either: 1) against the principal of the new, proposed Truck; and/or 2) toward creation of a vehicle replacement line item in the Fire Company's budget, and WHEREAS, once the new Truck is placed into service, the Fire Company will remove the replaced apparatus from service and sell it after all potential warranty/service issues are resolved with the new Truck, and WHEREAS, the Fire Company plans on paying for the proposed, new Truck by refinancing, modifying and extending its current business loan #6196801 with Glens Falls National Bank and Regular Town Board Meeting, 04-20-2015, Mtg#14 706 Trust Company in order to cash out equity for the purpose of purchasing the new truck and all associated equipment, such financing to be an amount up to $1,240,000 but limited to 65% of the appraised value of the property to be mortgaged, with such tax-exempt financing having a 5 year fixed rate of 3.25%, then adjusting at five year intervals to 67% of the total of the five year Federal Home Loan Bank of New York regular fixed advance rate plus 275 basis points for an estimated monthly payment amount of$8,743, and WHEREAS, the Truck will be owned and used by the Fire Company to provide fire protection to the Town and maintained at its firehouse(s) located in the Town of Queensbury, New York, WHEREAS, Town Board approval of such proposed purchase is required by the Fire Company's Agreement with the Town, and such proposed tax-exempt financing/refinancing requires a public hearing under the Internal Revenue Code, and WHEREAS, on Monday, April 20t1i 2015, the Town Board held a public hearing concerning the Fire Company's proposed purchase and tax-exempt financing/refinancing as required by the Fire Company's Agreement with the Town and the Internal Revenue Code and heard all interested persons, and WHEREAS, the Town Board believes that this new Truck will provide additional safety protection for the Town while eliminating an aging apparatus from the Fire Company's fleet and also believes it to be necessary, financially beneficial and in the public interest to consider such refinancing, and WHEREAS, the Town Board therefore wishes to adopt a Resolution authorizing such Truck purchase and the Fire Company's corresponding incurrence of tax-exempt debt and financing/refinancing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Volunteer Fire Company, Inc.'s proposal to purchase a new Spartan ERV Rescue Pumper (Truck) to replace a 1991 Saulsbury apparatus as set forth in the preambles of this Resolution for an amount not to exceed $595,000, such purchase already included in the Fire Company's five (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and BE IT FURTHER, Regular Town Board Meeting, 04-20-2015, Mtg#14 707 RESOLVED, that the Town Board further approves of the Fire Company's incurrence of approximately $595,000 maximum amount in debt for such purchase with the understanding that the Town Board is relying upon the Fire Company's assurance that the Truck is serviceable and suitable for its long-term intended use, and approves of the refinancing, modifying and extending of the Fire Company's current business loan #6196801 with Glens Falls National Bank and Trust Company in order to cash out equity for the purpose of purchasing the new truck and all associated equipment, such financing to be an amount up to $1,240,000 but limited to 65% of the appraised value of the property to be mortgaged, with such tax-exempt financing having a 5 year fixed rate of 3.25%, then adjusting at five year intervals to 67% of the total of the five year Federal Home Loan Bank of New York regular fixed advance rate plus 275 basis points for an estimated monthly payment amount of$8,743, and BE IT FURTHER, RESOLVED, that the Town of Queensbury does not guarantee such debt with the financial institution on behalf of the Fire Company 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. Duly adopted this 20th day of April, 2015 by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Clements, Mr. Irish NOES None ABSENT: Mr. Metivier 2.3 CONTINUATION OF PUBLIC HEARING — PROPOSED LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" RELATING TO WATER EXTRACTION AND TRANSPORT NOTICE SHOWN PUBLICATION DATE: MARCH 13,2015 SUPERVISOR STROUGH-This is a continuation. We have opened the public hearing and we had the public hearing on April 6t" and we're going to continue that tonight, April 20th. It went before the Planning Board March 24th and they did SEQRA on that and they found that there was no significant effect on the environment. We authorized and directed the Planning Board Chairman to complete the Full Environmental Assessment Form and it would not result in any significant adverse environmental impacts and so they approved a SEQRA Negative Declaration. So I left the, and this is to refresh the memory of some, this Board is considering a use that has not been in the zoning. It's usually not in, I don't see it very commonly in any other town zoning but it's something like a brewery. We didn't have that in our zoning either and we needed to accommodate the commercial zone along Route 9 for a brewery. Well this is, this is a water extraction definition for use and it's defined here, plus they have specific standards that go along with this, that have to go along with this. In other words, a full site plan review and the applicant has to provide evidence Regular Town Board Meeting, 04-20-2015, Mtg#14 708 of fee title ownership of a minimum of two hundred (200) contiguous acres within a Land Conservation zone. We need a copy of the Water Withdrawal Permit from the New York State Department of Environmental Conservation pursuant to part 601, a copy of the application for such permit or modification thereof or sufficient evidence that such permit is not required and it goes on to list other conditions and I did list them all at the last public hearing. Those are all specific standards that go along with this water extraction definition or use. So what this Board is to do is to consider whether it wishes to add this use to the Land Conservation zone. If this Board decides to add this use to the Land Conservation zone, then the Planning Board can do Site Plan Review of the project. So it goes from here, if it passes tonight, it goes to the Planning Board. If it doesn't pass tonight, it stops here. The Adirondack Park Agency has approved this. Warren County Planning Department has claimed no impact to the County. So now it's up to this Board. So the public hearing was left open. Are there any members of the public that wish to add something that wasn't added before? Say something that wasn't said before? Okay, Ron. MR. RON BALL, Queensbury-If you don't approve this can Glens Falls still go ahead and say, `go up there and take the water and move on, we don't care what Queensbury does or how they do it, it's our property and if we feel we want to continue to do it, they can do it'. Is that correct? SUPERVISOR STROUGH-I can't speak for the City Ron. MR. BALL-Can you stop them? SUPERVISOR STROUGH-Well this is one particular route they could go and this is the route that is preferred because it allows the public hearing and so forth. MR. BALL-Okay, let me rephrase it. If they, if Glens Falls feels this is fine with them, we'd like to go ahead with it, any of this outcome, any of these resolutions or any of these things that you are going through, the zoning and planning, can any of that stop that from happening? SUPERVISOR STROUGH-Yes. MR. BALL-It can? What could stop it from happening? SUPERVISOR STROUGH-Well, the Planning Board. If it gets approved as a use, it's allowed in the zone tonight by this Board and it goes to the Planning Board, the Planning Board will look at community input, potential impacts and those impacts have to be addressed. I mean, and they MR. BALL-They have to be addressed. So, if the Planning Board says no, we're not going to allow this, what happens next? SUPERVISOR STROUGH-There are probably other routes the City can take but I can't speak for the City. MR. BALL-There is only two routes to get up there. SUPERVISOR STROUGH-Yea, well I mean figuratively. MR. BALL-Okay. Alright, so I really personally, you know, I don't know which way to go here, I don't know if I am for or against it but I just feel that we're making a lot of motion here spinning our wheels but we're not doing anything. COUNCILMAN VANNESS-Ron, if you may, I think one of the reasons its going this way is, we're able to put the restrictions on it that we want to see on it. Without this being in there, there's no restriction from us whatsoever. So, Mark, correct me if I am wrong, I mean if the City wanted to go in there and do that on their property, as long as it fits within that zone, as long as it's accepted within that zone, we have no restrictions. As the gentleman said that came up two weeks ago that did the study on this, our restrictions that we place on this property and this water extraction, are more stringent than what the State's and the Department of Health and everybody, we're above and beyond them. So it gives us the ability to put more restrictions on it which we did and so it kind of regulates it as far as what they can do and how they can do it and when they can do it. We asked somebody, I think Mr. Howk came up last week and asked about the ability, the monitoring of the Regular Town Board Meeting, 04-20-2015, Mtg#14 709 water, if the water gets to a certain level, and they have to monitor, continuously monitor two different wells other than the original well, monitor it and if it drops below a certain production, they have to cease and desist, stop production until the water comes back up. So it does give us the ability to regulate it more than what we would have if we didn't have anything in there. Now, what route the City could go if we said to them, we're not going to allow anything and I agree with John, I don't want to speak for John but if we didn't give them permission, whether they can just walk in there and do it without our permission or not? I don't know, that's not a question for me to answer, I don't know where it would go from there. COUNCILMAN CLEMENTS-And actually, I would say they don't have permission until it goes through the Planning Board anyway. This is basically just a definition in the regulations and there are many of them for this. It's the Planning Board that will make the decision. MR. BALL-They have a contract with you, or is their contract specifically with Glens Falls? So Glens Falls would be the overseer of the whole project, am I right? COUNCILMAN VANNESS-It's their property. MR. BALL-It's their property, true. So let's just say they've already got two and a half million dollars ($2,500,000.00) spent on this project or more. They're doing a fabulous job down there at the church, everything's approved. They go up there and start hauling the water out and then later on they get to thinking, we've got to find a way to expand this business, we've got to make it larger, we've got to stay competitive. So then they go to Glens Falls and say, look at it, you've got a building that's just south of the intersection of West Mountain Road, Aviation Road and Butler Pond and it's owned by the City of Glens Falls. It's just a little old vacant building, been vacant for about ten years; it's been on the market. I don't know how many acres or property is there but it's a large piece of property. I am almost confident, if they went on that property and they drove a pipe down in the ground and extracted water from there, it would be the same exact water as they're getting up on top of the mountain which it makes it confusing to me because why they'd want to haul their trucks up to the mountain when they can get it right there at the site right there on West Mountain Road. Now, true, I asked this same question when it was in front of the Planning or Zoning Board and one of the members of the board said, well they tested sites all over but he never answered my question. Did they actually put a test site right there at the West Mountain, on the West Mountain Road Glens Falls City owned property? Because I really think in order for the company to expand, they may decide to do that so now they're going to have trucks hauling from there on West Mountain Road and they're going to have trucks hauling because they have the right up on top of the Butler Pond Road, so they're going both ways. I say what would be a good idea if one of you boards could think about it is, you would ask them, why not drill one more site right there on the West Mountain Road at the Glens Falls property, you could probably drill it for three thousand dollars ($3,000.00) put a pipe in there and let's just see if that water is the same as the water up on top of the mountain and if it is, then say, take this property. Because it's an enormous piece of property, they've got barns there, a huge building, they could probably fix up the area and they can go up into the woods with their trucks and nobody would know it, swing on out to the West Mountain Road and then we wouldn't have them traveling up and down the Butler Pond Road. I think that would be a better alternative if they would try it. I don't believe they did and I think someone should ask them that. It's only going to take a short time. I bet you within two (2) weeks they could have this information in front of everybody here and say look, maybe it is the same. But if they say no it isn't, it's got salt in it or something else, okay, fine, you're going to have to give them the use of that up there. Okay, thank you. MR. GEORGE WINTERS, 4 John Clendon Road-I think the whole process was, stunk from the beginning. You can't tell me that the City of Glens Falls didn't know that they needed this zoning up there and before they went through and put a whole, all kinds of money into the church and everything and then come to the Town of Queensbury, was wrong. The City of Glens Falls must have known that they needed this permit or else they said they would, they didn't care what Queensbury did, they would do it and that's what you're hearing now. So, this whole thing, there was a skunk in the woodpile, as they say right from the start. The City of Glens Falls and the Town of Queensbury work very close together so somebody knew that they would do what they wanted to do whether Town of Queensbury okayed it or not so I have a bad feeling right from the start the way it was all handled. Regular Town Board Meeting, 04-20-2015, Mtg#14 710 COUNCILMAN IRISH-Well I think one of the reasons that we're here now George is because the town recognized that they wanted the ability to review the project which is why we're doing what we're doing. Otherwise, we really didn't have any way to force that issue with anybody whether it's the developer or the city. There was nothing in the Code that said this use has to be reviewed in front of the Planning Board or anything else. The City has been drawing water off that property for hundreds of years. MR. WINTERS-I understand that but not commercially. COUNCILMAN IRISH-Well they do have commercial contracts in the City but I don't want to get into that debate. The issue we have is that if they went up and wanted to do that themselves or send a truck up there and truck their own water, that becomes a debate between the City and the Town that we would like to try and resolve without getting into a legal battle over it. So you know it's, I think this is the best way to approach that in order to make sure that whatever is done up there is done reasonably, you know we consider the effects that are going to be incurred by the people who live up there, the Town of Queensbury. So I said at the last meeting that I am, I'm not as much concerned with what else we might be able to do in order to get this done as far as getting some considerations from the City up there for recreation, I am concerned that if we do nothing, the City will do something. MR. WINTERS-Yea but that's why they offered you some walking trails up there. COUNCLMAN IRISH-Well, that may be but my concern is making sure we review what they're doing. MR. WINTERS-The Town of Queensbury wanted that for years and they were never able to get it. So the City of Glens Falls goes through and makes a contract and says hey, we don't care, we'll offer you a walking trail, take it or leave it, that's it. Okay, thank you. COUNCILMAN VANNESS-Excuse me John, before any more, I think, no, go ahead George, not you in particular, I just want to mention that since this thing started months ago, I think I got probably one of the first phone calls, John got one of the first phone calls, knowing it was Doug's Ward, we got Doug hooked up with the people and I've got to tell you, Doug has gone above and beyond, not only with the coalition but with Just Bev, held meetings on his own and everything else and I don't want to steal John's thunder but he's really gone above and beyond and I think they're closer than they'll ever going to be right now, getting an agreement with the coalition and getting an agreement with Just Bev and everything else. I know personally I want to thank Doug for it because like I said, he's gone above and beyond, had meetings that we couldn't attend. We wouldn't be there of course we didn't have, didn't want to have our quorum Maury. But Doug, I want to say thank you for the work that you've done on it yourself personally. SUPERVISOR STROUGH-Yea it was proactive and you got a bravo, deservedly so. COUNCILMAN IRISH-Is that the same day they booed me? SUPERVISOR STROUGH-Okay, any other member of the public like to bring something to the Board that hasn't been brought to their attention before at the previous public hearing? DR. DAVID JUDKINS, 286 Butler Pond Road-I can't guarantee that it hasn't been brought up at some point before I certainly would reiterate the compliments given to Doug. He has represented our Ward, I think above and beyond is perhaps an understatement. He's put in a great deal of time and I appreciate everything's he's done and for that matter, I appreciate everything the Board and Planning Board has done. I know this has been very long and drawn-out. I just, I did have a couple of questions. John you mentioned the approvals that had been completed, the APA, etcetera, has the DEC actually completed and given the green light? Do they have the permit from DEC yet? SUPERVISOR STROUGH-I am not sure on the status of that but in order for the project to go forward, they have to complete any documentation or permits that they need to do to pursue but that's up to the DEC. DR. JUDKINS-So I don't know who this is a question for but can the Board actually act on this if Regular Town Board Meeting, 04-20-2015, Mtg#14 711 you don't know for certain that the DEC has given its approval? Can you actually vote on it tonight? SUPERVISOR STROUGH-Well this Board is only going to act on the use and allowing the use to be in the zone. DR. JUDKINS-I am just asking from a legal perspective, if the Board isn't certain that they have all the legal pieces in place to act on the amendment, can they actually vote on it? COUNCILMAN VANNESS-Mark, I mean, that would have to go back before the Planning right? TOWN COUNSEL SCHACHNER-It's easily answered question. The short answer is absolutely yes. The commenter seems to be not appreciating what the Supervisor and several of you have said which is that this Board this evening or whenever, if you ever make a decision on this, is not approving a particular use at a particular location in the LC zones or anywhere else in the Town of Queensbury. What this, all that's in front of this Board, is the potential to authorize water extraction as an allowed use; you've said several times in the LC zone, it's actually two (2) LC zones, but same idea. That's all that you're being asked to do; that's all you can do. You have no authority to approve a specific use at a specific location. Right now, there's not an allowed use as what's contemplated, that's what's before you to make this generically an allowed use. Any project specific, site specific approvals like the commenter is asking about, are subject to site plan review by the Planning Board, as one of you just said, not this Board. COUNCILMAN VANNESS-Okay, thank you. DR. JUDKINS-I was under the impression and I asked Doug, was there a discussion at the last public hearing at the last Board meeting, was there not a request to have an independent hydro geologic review or at least an independent review of Mr. VanVleet? Wasn't there some discussion about that? SUPERVISOR STROUGH-That's not up to this Board that would be particular to the Board, I think you're talking about the Planning Board. DR. JUDKINS-I could be mistaken. SUPERVISOR STROUGH-Yea, the Planning Board, as they do a site plan review could make that request. DR. JUDKINS-Okay. Alright well, the one thing that I would like to bring up regarding this particular thing and the reason I ask about the independent hydro geologic review and certainly I am not going after anybody's integrity of that, I spoke to a Mr. John Williams today at the, he actually returned my call after a week from the US Geologic Survey and Water Resources in Albany and he is somewhat familiar with this and he asked the question to me which I didn't have an answer for and actually didn't see in that geologic survey. What is the baseline pumping rate of the surrounding wells or a sample of the surrounding wells? I don't know if anybody's homes were tested to see and if the question comes up, well I have no reason to believe that what's in there isn't true but if there is a change in my well, how would we know it if we didn't do at least a sample testing of any of the wells? Just, I mean as a citizen, they're going to be pumping water from there, it's higher than where I am and it raises a question about, should we not, it wouldn't take very long but should we not do a, two (2) or three(3) people of the surrounding area to test their wells to see if a year from now if I run out of water while I am trying to water my lawn and it doesn't have something to do with this project. It seemed like a good question. I just bring it up because it hasn't been brought up. SUPERVISOR STROUGH-Well Dave, I think they did respond to that question at the last meeting and they said they do have monitoring wells and they will be looking at the levels of those as part of their ongoing process. DR. JUDKINS-Right, he asked me about that and I did say, and he did say, yes they will have monitoring and so forth but that didn't address individual resident's wells. That's why I bring it up. Regular Town Board Meeting, 04-20-2015, Mtg#14 712 COUNCILMAN CLEMENTS-That would be a good question for the Planning Board. DR. JUDKINS-Well ... COUNCILMAN VANNESS-And I don't, Dave please don't hold me to this and I think, if I am not mistaken, there was a statement made on no impact on surrounding wells. I don't remember where it came from or how it comes from but I believe that was asked. DR. JUDKINS-It was but I don't believe it was based on monitoring pumping capacity or ... COUNCILMAN IRISH-I believe Doug Auer made that comment based on his work that he did in Lake George and I don't pretend to know all about the water industry. DR. JUDKINS-No, no, me neither. I am just trying to make sure that this isn't an issue and then how would I, what recourse would we have. SUPERVISOR STROUGH-And Dave, there are other things that might make an individual well fail other than, you know there is a cone of depression, you know, things that do with wells, a depth variation and so forth. DR. JUDKINS-So, I just have a statement that I would like to make to the Board. As you know, a great deal of time and effort has gone into addressing the concerns of all parties in this proposal. Mr. Irish, Mr. Siplon and myself met to discuss the concerns of the Queensbury Land Conservation Coalition and I would like to stress that that is not a small group of neighbors, it's over fifty people and they are from all over Queensbury. A list of specific items has been identified to not only mitigate many of our concerns but also some of the concerns of Board members and Planning Board members, concerns that have been addressed during public comment as well as during the Board meetings themselves. It is our hope that the Town Board will allow this process to come to its intended conclusion with the necessary communication and clarification of the outstanding items. We ask that the Town not feel a sense of urgency to close the public hearing tonight while there are still outstanding issues at hand, that all parties are trying to work out in a way that is not compromising the integrity of the Board or the process while at the same time, respecting the concerns of the citizens that the Board represents. This is a significant change what we are about to vote on. This usage as you noted John has never been done before. It's going to open Pandora's box regarding usage in this Land Conservation code going forward and I think it's fair to ask that these issues that have been discussed in a reasonable way between the citizens, Just Bev and with the assistance of Mr. Irish, there's still some details that need to be worked out and to, I don't think that there should be any rush, for two (2) reasons. One (1), they are not worked out and two (2), there shouldn't be any reason to do that and I don't mean this in a vindictive way but you know, a cart was put before the horse here and there's an urgency on the company's part to get going. I get that but, that shouldn't really influence the Board. So, and then the last thing is, and we don't really have any details on the fund for repairs to the road, etcetera, those things should be clear before they get this usage. And lastly, to go from approval tonight to a Planning Board meeting tomorrow, I'm not sure that that's really in the best interest of the people who have concerns. There needs to be more time. That agenda can't even be set until they get this usage so to set an agenda to have a meeting within twenty-four(24) hours, I don't think that that's really fair for those of us that would want to raise concerns to the Planning Board along the same lines. Thank you. SUPERVISOR STROUGH-Okay, thank you. Anybody else have a comment to this Board about this issue? Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED 7:40 P.M. COUNCILMAN IRISH-Well I didn't know we were going to close the public hearing that quickly but that's fine. I have spent a lot of time with Dr. Judkins and Jim Siplon, I know there's a document that has been shared between the groups. I've shared it with the Town Board and Counsel, a lot of the items, if not all of the items are not items that the Town Board can address from a statutory standpoint or authority, within our authority. Having said that, I think Jim was agreeable and I don't know if you want to come to the table or not but Jim was agreeable to present the items that we've had under discussion as part of the plan for the Planning Board. I tend to agree Regular Town Board Meeting, 04-20-2015, Mtg#14 713 with David, I don't want to rush into just an approval tonight to get it in front of the Planning Board. SUPERVISOR STROUGH-I wasn't aware, does Just Beverages wish to speak tonight? MR. JIM SIPLON-I was only preparing to if you ask me. SUPERVISOR STROUGH-Okay, because I looked and nobody responded. I will reopen the public hearing for the sake of Just Beverages wishing to respond to Councilman Irish. PUBLIC HEARING REOPENED 7:42 P.M. COUNCILMAN IRISH-So my thinking here is, in talking to Jim and I know that Mike Borgos had some conversation with Craig Brown today as well so there was a lot of different discussions going on about the items that we had as a conceptual agreement. Jim and I spoke. He thought that maybe, it looked like we could put these as part of the application to get them in front of the Planning Board to make sure the Planning Board knew that the Town Board was supportive of the efforts between the coalition and Just Beverages to come to some kind of an acceptable term of use up there that would, I am not going to say prevent anybody from suing but the acknowledgement was that it would certainly keep the folks that are most affected from wanting to delay this project any longer than has already occurred, not necessarily through their efforts but just through the process. So, Jim, I don't know if you could speak to that at all but I think we're kind of looking for some reassurance that what you and I talked about today and what we've been discussing as a group will actually be made part of the record with the Planning Board to ensure that, you know, some of the items that, if not all of the items that we've talked about and conceptually agreed upon can be a part of that record. SUPERVISOR STROUGH-Alright, introduce yourself please for the record. MR. JIM SIPLON-I am Jim Siplon, I am the Chief Operating Officer of Just and a regular participant in the Town of Queensbury municipal process. First of all, I only offer, I'm trying to make sure that we make ourselves available to provide as much information and be as transparent and thorough as possibly we can be because that's just our way. Every part of this process I feel like we've tried to make that be the case and I hope that's true tonight as well. We did, the first thing I wanted to do is address this one issue that came up, I brought the board so that the camera could see it but earlier on in a previous presentation we tried to demonstrate the main overlapping layers of review and oversight over any water project in a particular, a water project in the Town of Queensbury that would be covered under the zoning legislation that you have in front of you tonight. I would be happy to go through that in detail with anybody in the audience who would like more information about it but suffice to say that there are multiple state entities, multiple local entities and multiple agreements or covenants, not the least of which is the Planning Board as mentioned tonight. So, I would like to put anybody's concerns that in some way there is a great deal of risk, in fact as far as I can tell this may be one of the more regulated areas after your proposed legislation were to come into play, of almost any activity that would be here. With that said our objective when we meet with neighbors and by the way, tonight represents I believe our eleventh or twelfth meeting specifically here in Queensbury with either the members of the Town Board or the Planning Board. It's hard for me to evaluate and compare that to others but from what I can gather, that seems to be a lot. It's not an accident; we try very hard to make ourselves available, maybe to a fault. We had so many conversations that I think sometimes that we create almost a huge amount of information for people to kind of digest but our objective is to problem solve as people identify problems. We met with Councilman Irish's facilitation; we met with Dr. Judkins last Friday, a number of I think substantive issues were raised and I think we developed the framework for an agreement that started to come together over the weekend. When I say an agreement, quite honestly we would be doing this independent of your process; it seems to be going in parallel with your process because our objective is to continually meet with any affected party on any part of our business. It's true in the City of Glens Falls; it will be true in Queensbury. It will be true if we were to secure Planning Board approval at some point; it would be true after we secured it because that is part of how we operate and I hope that that's the way we behave in such a way that we gain people's trust that way. The vast majority of the things that were raised by the neighbors, things such as additional, I don't know what the right word would be, limits or conditions such as us agreeing to have our trucks drive in a stated speed limit even if the road itself has a larger one or is Regular Town Board Meeting, 04-20-2015, Mtg#14 714 un-posted. We're very happy to agree with those; in fact we agreed to them on the spot. Other things are a function of the Planning Board and we certainly in no way seek to usurp their role but we would offer to the Planning Board the opportunity to at least consider those things. Things like, if they want to evaluate any impacts in detail with data such as noise, such as the traffic. What we've been trying to do is provide all of the information we can to do that. Our objective would be to make sure that everybody can see that and that's why we've been sharing that data with the neighbors. I believe that the vast majority of the things that Dr. Judkins brought up on behalf of the neighbors can in fact be resolved. Our intention would be to provide that to the Planning Board for them to consider as they go through their process. It's not our role to tell them that they must do any of that but it's simply our intent to try to share with them our ongoing results of problem solving so that they can at least consider that as part of their review. The last thing that I would say about the process tonight is that the Zoning Board, I am sorry, the zoning change or additional legislation that you're considering is one that is fairly onerous in the water industry. If, it has been suggested many times in the process of dialogue with the public that comparisons be made with other communities and municipalities and just as Kirby VanVleet is a hydro geologist and I think very effectively and professionally address some of the issues that have raised tonight such as where water is likely to be received in a certain way and whether or not individual wells will be affected. In fact he actually issued a statement that was part of the record I think in a previous forum to demonstrate the fact that professionally he does not, he cannot see anyway that a well could be affected; however, we would monitor it. But in that same vein, as a professional in the water industry who has worked for more than a decade, I can tell you that the language that you have in front of you is the most restrictive language that I know of about water extraction that I have ever seen. I think that a company, a large company, a company that was seeking to do business on a huge volume level would be concerned about the potential limitations of it. We are not because we believe that we can figure out a way to coexist with those and you can take if for what it's worth, you know, we are clearly a biased party in this so I offer that freely, that fact that we are not completely objective about it. But I have looked at the restrictions around water extraction in communities not only in the east coast but all over the country and from my own personal experience, what you have in front of you would be some of the most specific and certainly restrictive covenants on how water extraction could be done. In fact, I could not find any corollary to it in my own research. I am sure there are some but I was not able to find any myself. Doug, I don't know if I answered your questions. COUNCILMAN IRISH-You didn't, you did a good job of answering all of the other reviews that are involved but my question was really and I thought after our discussion today that it was going to happen this way would be that Just was going to look at those twelve (12) or fourteen(14) items. MR. SIPLON-I did. They were presented to me today; I've gone as fast as I possibly could. You know, formally they were given to me today. We've started to craft, I guess a document that we would offer to the Planning Board that demonstrates how many of those we believe could easily be accommodated within the existing application. But the tricky spot for us is that I, we don't ever like to tell anybody anything about how they must act so all we're attempting to do is offer this as information for consideration in their process. We're prepared to do that and do that as soon as the meeting is over. COUNCILMAN IRISH-Well with that being said, my concern would be closing the public hearing and voting tonight without an assurance that that will happen because the Planning Board meeting is tomorrow. So, I've got some concerns about not having that assurance at this point. MR. SIPLON-Well Doug, I would ask you if you were me, what else can I do? I mean, we have met many, many times with this particular set of neighbors. We had a public meeting with everyone that was interested in this issue in January. We met again with neighbors in February. We met again with neighbors in March. We're now in April. I understand that people have legitimate questions but I believe that we have been very, very, I mean we've made ourselves available for these conversations over and over and over. COUNCILMAN IRISH-I don't disagree with you there Jim. I think my concern is that we've met two (2) or three (3)times and had a few discussions in which you had no problem saying you could agree to these things but now you're telling me that, you know maybe I am not in a position to put that in writing to the Planning Board. Regular Town Board Meeting, 04-20-2015, Mtg#14 715 MR. SIPLON-No Doug, I am not ... COUNCILMAN IRISH-I am not asking you to tell the Planning Board how to do their job... MR. SIPLON-I am very happy to provide that list to the Planning Board. What I'm saying is, we will commit to doing that as soon as the meeting is over. I can't do it while I am sitting at the microphone. One thing I would also say though is that when I met with the neighbors in January, in February and in March, in every single instance I've told them that it would be best for all of us if we could develop the list that is now in front of us then so that we could have submitted it to the Planning Board at the point in which that process started. It was our intention to do that. We made ourselves eligible to do that. We solicited that. That list and only through I think quite honestly your direct engagement, that list made its way to us now and so we are trying to honor that commitment that we would immediately act on it as soon as it was provided to us. But I certainly don't believe it was in any way because we weren't making ourselves ready to receive it for the last four months. COUNCILMAN IRISH-I agree Jim. COUNCILMAN VANNESS-And I've got to say that I did back in January, asked that a list be put together and be submitted and I think again in February when I met with the group and you know it's finally here. It is there. I understand that but I too would like to see the conclusion of that list. I'd like to see us wait until the next Board meeting to close this public hearing. I have no problem whatsoever in saying in two weeks this public hearing as far as I am concerned will be closed one way or the other. But now that the list is in Jim's hands, I think it's a good move. And I am sorry it took so long to put in your hands. I wish it had been there sooner, but I'd like to see it go until these answers are received on the list and I understand that we are not going to one hundred (100) percent without a doubt fix everything overnight; it's not going to happen. But if we can come to this agreement, I think not only do we owe it to our citizens, and a bit, I tend to agree with George, we got brought into this thing at the eleventh hour after everything had gone through the City of Glens Falls. I understand Just Bev wanted to get through that and then come to the Town of Queensbury but I think it would have been easier if we could have worked and coincided with them while we were working through it. But I don't have a problem with extending this until our next Board meeting until these questions are answered to the best of your ability and I, if they're not all going to be answered to the satisfaction, then... MR. SIPLON-I would only respectfully ask that at some point somebody help me understand when this process comes to closure because what I feel like we have done is answer every question that you have raised as a Town Board. What is, and before you tonight is a zoning amendment that affects far more than just us however we obviously have attempted to answer all the questions that relate to us in context for it. But, we're not going to head to our, either our third or our fourth Planning Board meeting where we still don't have an understanding of what it is that's actually being requested of us, mostly because we made ourselves available to continue to talk to people. COUNCILMAN VANNESS-I misunderstood, I thought you said you had the list in front of you now and that's all I'm asking you to address is the list you have in front of you. MR. SIPLON-It was given to me this afternoon. We've drafted a response which we're going to provide to the Planning Board tomorrow and in no way, by the way, I think we've always done exactly what we said we would do so I don't believe there should be any question about whether or not that will actually occur. SUPERVISOR STROUGH-Well and not only that but in the past, standard resolution says that the Planning Board, these issues are really Planning Board issues; they aren't really Town Board issues. I mean you can try and force the issue and that's what it appears to me right now that ... COUNCILMAN IRISH-Well I, I don't know that I would paint it with a brush that I'm forcing something. SUPERVISOR STROUGH-It says that the Planning Board has the necessary knowledge and experience to review and evaluate the potential environmental effects of the action therefore we can send it to the Planning Board to be Lead Agency. Regular Town Board Meeting, 04-20-2015, Mtg#14 716 COUNCILMAN IRISH-And I am fine with that. All I'm saying is we attempted to come to an agreement between the two (2) parties where it would make it easier to get through the Planning Board process without raising the specter of an Article 78 from anybody. Jim was very agreeable to that; he's been very forthright and agreeable to everything that we've asked for. I'm willing if your assurances that you're going to address those issues tonight, if I've got an email from Jim Siplon copied to Craig Brown and Chris Hunsinger and everybody about what we're going to put into our, here's what we're going to agree to do, I'm not asking you to tell the Planning Board how to do their job. If you're telling me that these are the concerns we want to address to be good neighbors, I can't see why they would tell you, we don't think you need to do that, we're not going to agree to it so.... MR. SIPLON-We've already, eighty (80) percent of that is already done. It came to us this afternoon and all we're needing is to coalesce after this meeting in order to be able to finalize the last twenty (20) percent. I would tell you the vast majority of the things that are on that list are not going to be an issue for us to agree to. There may be some clarifying language about one(1) or two (2) and that's all I am attempting to do is to have a conversation with one or two parties so that I can do that. But I would feel like at this point ... we haven't provided enough so that you can make a decision about a zoning amendment which only tangentially affects us simply because we are within that use, that to me seems like we are being held to a standard that's hard for me to be able to manage. COUNCILMAN IRISH-We hold everybody at high standards here. SUPERVISOR STROUGH-I think in this case its ... that we do that, this Board is not the, obligation of this Board to do that. MR. SIPLON-I'm quite happy to go through as rigorous a process with the Planning Board as you would like to take me through but I am still having a hard time understanding why you can't vote on a zoning amendment which has been open for a long period of time because of a potential set of Planning Board issues. And as a person who's attempting to develop a business here, I would tell you that these are the kinds of things that are difficult for me and my peers to try and navigate. COUNCILMAN IRISH-Would it surprise you Jim to find out that the Planning Board doesn't always make decisions that the Town Board agrees with? MR. SIPLON-I understand. COUNCILMAN IRISH-That's why I'm taking the tone and position that I am taking because I'm not always in agreement with the things they decide on whether its land use impacts, neg dec, SEQRA, whatever it is. I want to make sure that it's coming from you that you're willing to do these things in order to get through the Site Plan review and I'm not expecting them to put the conditions in place for you. I would rather you put the conditions in place for yourself. MR. SIPLON-And I think it's important to understand what our behavior has been to this point. We've already done that with the application that's in front of them based on the dialogue that we've been able to have up to that point. We surmised the best we could from that set of unilateral limits that we've put on since we actually entered the application into the record and we continue to prepare to do that and we were given a set today which we are prepared to do as soon as tomorrow and I will give you the responses to those tonight. And I would only ask you to consider whether or not if I'm able to do those things in the order in which you simply requested, what would it take in order for this Board to move forward with the action you have in front of you because I am having a hard time understanding how those two (2)things are directly correlated. COUNCILMAN IRISH-I'm comfortable with your response that you're going to get that done tonight that we could move forward. COUNCILMAN VANNESS-And I'm sitting here now listening to you, I mean now it's part of the record so I mean, and not by any means am I questioning your integrity, I think your integrity has been right up front in every discussion we've had, the whole group has been up there. So, by no means am I questioning your integrity whatsoever but I'm comfortable now that it's there, you're Regular Town Board Meeting, 04-20-2015, Mtg#14 717 going to have the answers to it. And like I said, I am not expecting that it's going to be one hundred (100) percent compatible with what they want or what you want but as long as we're reaching a medium to where we can move forward to the Planning Board, let the Planning Board do their job, I'm fine with it now as long as you're saying that this is the way it's going to be done and I'll have the answers. MR. SIPLON-It is and I told Dr. Judkins and I told Doug when I met with them last Friday, that the vast majority of what they're asking for was acceptable as it was presented to us. So, there's only one (1) or two (2) elements that we're simply trying to make sure that we have the right clarifications. I think that you're, everyone's going to be pleasantly surprised because this is the way that we operate and I don't believe it should catch anyone by surprise. What we're after here is not just approval from you tonight or any other meeting. It's about making sure that the process is one that people feel like, was respectful and that did listen and that did acknowledge and respect the issues they brought and that we problem solved about every single one of them. COUNCILMAN CLEMENTS-Jim, I'm more comfortable with this now we've had this discussion also and nothing is going to change as far as what we're going to do tonight, but I am more comfortable with what's going to happen with the Planning Board. And to Doug's idea about we never know what the Planning Board or the Zoning Board is going to do and as a matter of fact, we're not supposed to. We're supposed to have hands-off kind of thing where that's concerned. COUNCILMAN VANNESS-And I think the important thing is too Brian, not to interrupt you but one of the first questions I asked when I got elected to this Board in January and I asked it of Mr. Schachner and we sat in the office early on in January and I asked him what authority do we have to the Planning Board and the Zoning Board and the answer to me was, none. So, if we don't get the questions answered here tonight and we pass it on to them and what we need to know as an elected official, once it goes to the Planning Board it's in their hands, we have no control over what happens there. So I mean that's why it's been such a tight, I think why it's been such a tight rope. MR. SIPLON-Then to all of you, I would simply offer to you that we are as accountable to you as we have been from the beginning and just as accountable as we are to our stake holders in Glens Falls. I have regular meetings with the Mayor and with Water and Sewer Board members and with City Council members, long after we have sought and received the approvals we needed in the City simply because our relationship just begins then. We are accountable to you, not only tonight but every day afterwards to make sure that we are addressing those concerns today, tomorrow and ongoing. That will not disappear and I am very happy to say it on camera and I hope that our behavior to this point has demonstrated a track record that gives you confidence that that's the case. SUPERVISOR STROUGH-And all I've seen is that you've been very reasonable in your attempt to address the impacts and again, that's site plan review. Counsel, do you have any thoughts here? TOWN COUNSEL SCHACHNER-Not especially, only that we seemed to be bogged down in a very project specific, location specific discussion and in my world, that's not appropriate. And the reason it's not appropriate is not because you shouldn't care about the subject matter of the project that the gentleman is speaking about, it's because that's not what's before this Board this evening. So all of this discussion while maybe healthy and productive as it relates to a site plan application for a particular project at a particular location in the Town of Queensbury, it's legally largely irrelevant to your consideration as a Town Board as a policy matter as to whether or not we wish to authorize water extraction uses in our two (2) Town of Queensbury Land Conservation zones. That's my only thought. MR. SIPLON-I think that means I'm supposed to sit down. Thank you. MR. JAMES MACKEY-Have you closed the hearing? SUPERVISOR STROUGH-No Jim, come on up. MR. MACKEY-Thanks for your enthusiasm. I am really a third party person in this and I have no ax to grind either way. I kind of learn by just listening and I'd like to make an observation. First of all, that giving the ... position as it was just committed to is very different than reaching an agreement with the coalition, very different. I commend the Board for at least thinking about Regular Town Board Meeting, 04-20-2015, Mtg#14 718 extending the process here tonight. I fully understand that the only reason you're here and what's in front of you is the zoning change, not a project specific matter but as a businessman I would not fully trust an individual who focuses more on the number of meetings that you've held. I would like to have seen more focus on reaching an agreement with the coalition and again I'll say that giving a position is different than reaching an agreement. Thank you. DR. JUDKINS, 286 Butler Pond Road-Again, some clarification and facts. When we met, whatever the date was roughly ten (10) days ago, that specific list and while I recognize not site specific compared to what you're dealing with, that list was discussed in detail, numbered, it wasn't just given tonight or today. Correct, or not? COUNCILMAN IRISH-The word document that I created was given to Jim today, this afternoon. DR. JUDKINS-Right, the handwritten list was given, we discussed each and every item so the idea that it was just given today is simply not true. The other thing that was agreed upon was that this would be done in time to give the coalition members time to prepare for a Planning Board meeting if there were not an agreement which there currently is not. That is not just, if you'll pardon the pun. This is not what was discussed at that meeting and the purpose was to mitigate the concerns of the people who live there and from our perspective, ask for reasonable consideration for those number of issues which we were told would be fine and from our side, we would agree, the people in that coalition would agree that we would not bring legal ..., John, I'm not done, would not bring legal action. That is what was asked for, that's what we did. Now, you can vote however you want tonight, if you vote tonight but I want to make it very clear, they did not get that list tonight, if was discussed in detail over ten(10) days ago and it was done on their part for a reason and now we're a day before you're going to approve this and we're going to go right to the Planning Board and exactly what we asked for not to happen, is going to happen and if you think for one second that that's fair, you think about it for a second. We met in good conscience, we negotiated in good conscience and not everybody in that coalition was in agreement, in good conscience and we were told something that was not repeated here by my colleague. Doug, if I've said anything that isn't true tonight, you were there, please by all means correct me. MR. MIKE WILD, 11 Blackberry Lane, Queensbury-I have to admit, I have not been totally engaged in this process but I felt it was important to let you know that there are some people in favor of moving forward with a good project and I want to emphasis good, one that has a certain agreement between the individuals. I know that emotions are running high but I think it's important to this Board to understand and counsel mentioned that, you're getting bogged down with the project. Is water extraction something that the town would consider to be a possible use and an allowable use? Whether or not the details are agreed upon by all of the people is something that I would think be worked out at the Planning Board, not necessarily this Board itself. So, I would think that the most logical thing to do is move forward and allow that process to happen and allow the negotiations to happen. And I am concerned about litigation and that's best resolved if they can come to an agreement but we all know that you can negotiate forever and maybe never come to an agreement. Alright so we have some people that have moved forward with trying to present a business plan, try to work with the community and I think the Board should be responsible to allow that to happen and thanks guys, I know it's not an easy decision. SUPERVISOR STROUGH-Thank you. Alright, anybody else, last opportunity? Alright, I will close the public hearing. PUBLIC HEARING CLOSED 8:10 P.M. SUPERVISOR STROUGH-Any other thoughts? COUNCILMAN IRISH-I'll just say that after Jim's response, I've dealt with him enough that I do hold him at his word. He's been forthright with me and always accessible. I do plan on being at the Planning Board meeting tomorrow night to make sure that what we discussed here tonight is also discussed tomorrow night. Having said that, I have no problem voting on the resolution. RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2015 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" Regular Town Board Meeting, 04-20-2015, Mtg#14 719 RELATING TO WATER EXTRACTION AND TRANSPORT RESOLUTION NO.: 146,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 2 of 2015 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to add a definition of "Water Extraction" and provide for and regulate such land use within the Town of Queensbury, and WHEREAS, the Town of Queensbury Planning Board received a Full Environmental Assessment Form relating to a proposal by 'JUST Beverages, LLC," on behalf of the City of Glens Falls concerning its proposed use of water supply from the City of Glens Falls Watershed Property located off of Butler Pond Road(the"Project"), and WHEREAS, the Project requires the following approvals/permits: • Town Board — Addition of Water Extraction as an allowed use within the LC 10 zone; • Town Planning Board— Site Plan Approval; • NYS DOH—Permit for Water Source; • NYS DEC—Water Supply Permit Modification and Water Withdrawal Permit; and WHEREAS, together these proposals constitute an "Action" for purposes of review under the New York State Environmental Quality Review Act (SEQRA), and WHEREAS, prior to the Town Board taking any further action or making a decision about water extraction as an allowed use in the Town's LC10 Zone, it was necessary for the proposed zoning change, Site Plan review and related approval steps to be reviewed as one "Action" in a Coordinated Review under SEQRA, and WHEREAS, the Planning Board has the necessary knowledge and experience to review and evaluate the potential environmental effects of the Action, and therefore, by Resolution No. 93,2015, the Town Board consented to the Planning Board serving as Lead Agency, and WHEREAS, on March 24t1i 2015, the Planning Board, as SEQRA Lead Agency, considered the proposed Local Law, reviewed the Full Environmental Assessment Form, thoroughly analyzed the Local Law and related steps for potential environmental concerns, determined that the Action Regular Town Board Meeting, 04-20-2015, Mtg#14 720 would not have a significant effect on the environment, authorized and directed the Planning Board Chairman to complete the Full Environmental Assessment Form by checking the box indicating that the proposed Action would not result in any significant adverse environmental impacts, approved a SEQRA Negative Declaration and authorized and directed the filing of any necessary documents in accordance with the provisions of the SEQRA Regulations, and WHEREAS, before the Town Board may amend its Zoning Law and/or Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, by Resolution No. 94, 2015, the Town Board set its required public hearing and duly held such public hearing on Monday, April 6t1i 2015 and on Monday, April 201h 2015, heard all interested persons and closed such public hearing, and WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Local Law and Site Plan Review application to the Warren County Planning Office and on or about February 24t1i 2015, the Warren County Planning Office considered the proposed Local Law and Site Plan Review application and responded"no county impact," and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency(APA) for proposed Zoning Law amendments prior to adoption and on April 17th, 2015, the APA considered the proposed Local Law and adopted Resolution 2015-1 approving the Town's proposed Local Law, and WHEREAS, this legislation is authorized in accordance with New York Municipal Home Rule Law §10, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, hereby enacts Local Law No.: 2 of 2015 to amend Queensbury Town Code Chapter 179 entitled "Zoning," to add a definition of"Water Extraction" and provide for and regulate such land use within the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Department of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 20th day of April, 2015, by the following vote: Regular Town Board Meeting, 04-20-2015, Mtg#14 721 AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier LOCAL LAW NO. 2 OF 2015 A LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW RELATING TO WATER EXTRACTION AND TRANSPORT Be it Enacted by the Queensbury Town Board as Follows: Section 1. Intent; Authority — The Town Board acknowledges the absence of any explicit definition of `Water Extraction' or such use of land within Chapter 179 of the Town Code and wishes to exercise its legislative authority to provide for and regulate such land use within the Town. The Town Board recognizes that the extraction of water has occurred for over 125 years on the lands of the City of Glens Falls watershed (the largest landowner within the Town). The extraction of water for on-site residential, industrial, commercial or agricultural water use is not governed by this section. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. Amendment of Zoning Law— Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Paragraph C. of Section 179-2-010, entitled "Definitions and word usage" is amended as follows: (1) The following new definition of"Water Extraction" is added: WATER EXTRACTION- means withdrawal, renzoi,al, dii,ersion, taking, or collection by any means of water front ground water sources, aquifers, springs, wells, pumps, or similar, and including the infrastructure associated with the water extraction process necessary for its withdrawal and transport offsite. Water Extraction as herein defined does not include the withdrawal of water for on-site uses. B. Article 9, entitled "Site Plan Review" is amended as follows: (1) by adding new Section 179-9-085, entitled "Specific standards'; together with the following new subsections: A. Water Extraction applicants shall submit a full site plan re14eu, application in conformity with the requirements established by the Town. Regular Town Board Meeting, 04-20-2015, Mtg#14 722 B. Water Extraction applicants shall provide evidence of fee title ownership of a minimum of 200 contiguous acres within a Land Conservation zone by submission of copies of filed deeds with the application. C. The Town Board of the Town of Queensbury shall establish a non- refundable application fee which shall be provided by Water Extraction applicants at the time of submission. D. Water Extraction applicants shall provide: a copy of a Water Withdrawal Permit from the New York State Department of Environmental Conservation pursuant to Part 601 of the Department's Published Regulations issued pursuant to Environmental Conservation Law Article 15; a copy of an application for such permit or modification thereof; or sufficient evidence that such permit is not required, together with such additional evidence and proof as may be required by the Planning Board of the Town of Queensbury as determined by its review of the submission. E. Upon review by the Planning Board of the Town of Queensbury, the Water Extraction applicants shall provide a statement of the maximum daily quantity of water proposed to be extracted,from all extraction points identified by the applicant, the specific location of the identified extraction points, the method of extraction and copies of any permits (applied for or existing), approvals or denials issued by any state or federal agency having jurisdiction of the extraction method, including the New York State Department of Health, as may be applicable, the hours of operation, projected traffic volumes relative to the water volumes proposed to be extracted, projected noise volumes, area lighting proposed for the site and any other similar site conditions as may be required by the Planning Board. E Water Extraction applicants shall provide the Planning Board of the Town of Queensbury with a copy of an independent report issued by a qualified professional of a hydrogeological investigation and study which addresses at least the following: (1) The rates of draw down and recharge of any aquifer or other ground water source as may have been established by a pumping or "stress test" or other similar testing regimen accordance with accepted standards within the geology and engineering professions. (2) The characteristics of the aquifer or other ground source, including rates of draiv down and recharge, sustainable extraction rates, aquifer boundaries, recharge areas, impacts on the water table, and impacts on any and all Regular Town Board Meeting, 04-20-2015, Mtg#14 723 existing water bodies including but not limited to lakes,ponds, rimers, streams, and ivetland areas and primate ivells or other existing extraction locations within the zone of contribution. (3) Possible effects on the aquifer or other ground water resources which might result in the disturbance of existing minerals such as, but not limited to, iron, manganese, arsenic, and uranium, and any health hazards raised by such disturbance(s) or other impacts including issues such as drinking water turbidity, clarity, and aroma. (4) Proposed extraction volumes shall be sustainable as demonstrated by the study based upon the applicant's land holdings being significant enough to produce sustainable draw of at least the proposed amount from the applicant's proportional land holdings. G. Water Extraction applicants shall include on the site plan the location of all water bodies located within 500 feet of the extraction point, the precise surveyed location of the extraction point, the existing network of roadways in the vicinity of the extraction point, any proposed neiv roadways, and any other relevant and material details) bearing on the proposed extraction process the omission of which would tend to hinder the ability of the reviewing authority, affected land owners or the public from developing a full understanding of the scope and impact of the proposal. H. The Planning Board of the Town of Queensbury shall properly notice and conduct a Public Hearing convened for the purpose of reviewing the application in conformity with the general requirements of site plan review. The Planning Board shall be entitled to adopt whatever procedural rules for the hearing, including the imposition of reasonable time limits for the presentations of the applicants, opponents if any, and the general public, it deems appropriate,fair, and reasonable calculated to afford a full consideration of the issues pertaining to the application. L Water transport vehicle access to the extraction site for loading purposes shall occur in such a manner as to safeguard against hazards to traffic and pedestrians on ad jacent streets or roads; avoid traffic congestion and traffic safety hazards, or other safety risks identified by the review process. J. Water transport vehicle traffic shall be designed so as to not exceed the capacity of existing town roadways or cause premature failure, aging or diminished utility of those roadways. Site plan approval may be conditioned upon tender of appropriate financial security or direct payment sufficient to Regular Town Board Meeting, 04-20-2015, Mtg#14 724 repair or iuzproi,e degraded roadway conditions proximately caused by the water transport i,ehicle traffic. K Water extraction points shall be located no closer than One Thousand (1000) feet frour the nearest residence. This provision is only applicable to water extraction and transport off-site and is not applicable to on-site residential, industrial, commercial or agricultural purposes. L. Water Extraction Points shall be selected to minimize impact upon the eni,ironuzent and applicants shall limit site clearing and roadway dei,elopuzent to the uzininzuuz necessary to achiei,e access. C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as follows: (1) "Water Extraction" is added as a Site Plan Review (SPR) use in the Land Conservation— 10 Acre (LC-10) and Land Conservation—42 Acre (LC-42) zones. Section 3. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date — This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS MR. GEORGE WINTERS-Referred to Resolution 4.8, `Authorizing Acceptance Garden Time's Proposal for Provision of Landscape Beds at Corner of Bay and Quaker Road' and noted that he does not agree, that the Town does their own flower plantings on Aviation Road which is very nice and less expensive. COUNCILMAN IRISH-Noted that it's coming out of the occupancy tax. MR. WINTERS-Referred to Resolution 4.11, `Resolution Authorizing Capital Park Improvement Projects, Increases in Park Improvement Projects and Withdrawal From Capital Reserve Fund #61' and questioned whether the projects were going to be hired out and suggested having the Town's Highway Department do the road work. SUPERVISOR STROUGH-Agreed to look into that. MR. RON BALL-Referred to Resolution 4.11, `Resolution Authorizing Capital Park Improvement Projects, Increases in Park Improvement Projects and Withdrawal From Capital Reserve Fund #61' and questioned why Rush Pond Trail is not one of the listed projects. Regular Town Board Meeting, 04-20-2015, Mtg#14 725 SUPERVISOR STROUGH-Noted that was done last year. 4.0 RESOLUTIONS RESOLUTION APPROVING YEAR 2014 SERVICE AWARD PROGRAM RECORDS FOR QUEENSBURY VOLUNTEER FIRE COMPANIES RESOLUTION NO.: 147,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2014 Standard Year End Administration Services for the Town's Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies' and Emergency Squads' Year 2014 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from each of the Town's five(5)Volunteer Fire Companies and found them to be complete, and WHEREAS, the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2014 Volunteer Fire Company Service Award Program Records for each of the Town's five (5) Volunteer Fire Companies, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT: Mr. Metivier ABSTAIN: Mr. VanNess Regular Town Board Meeting, 04-20-2015, Mtg#14 726 RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2014/2015 AND PROVISION OF 2014 STANDARD YEAR END SERVICES RESOLUTION NO.: 148,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2014/2015, and the 2014 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX's Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for a total estimated cost of$13,245, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the engagement of PENFLEX, INC. to provide administration and support services during 2014/2015 and the 2014 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program for a total estimated cost of $13,245, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015 by the following vote: AYES Mr. Irish, Mr. Strough, Mr. Clements NOES None ABSENT: Mr. Metivier ABSTAIN: Mr. VanNess RESOLUTION AUTHORIZING ACCEPTANCE OF GARDEN TIME'S PROPOSAL FOR PROVISION OF LANDSCAPE BEDS AT CORNER OF BAY AND QUAKER ROAD Regular Town Board Meeting, 04-20-2015, Mtg#14 727 RESOLUTION NO.: 149, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to authorize the Landscape Proposal of Garden Time for the provision of landscape beds at the Town property located at the corner of Bay and Quaker Roads in the amount of$2,550 as set forth in Garden Time's Proposal presented at this meeting, and WHEREAS, Garden Time is the Town's preferred vendor for this work as Garden Time previously provided similar services in such location in 2013 and 2014 and therefore the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes, self-imposed procurement requirement in this instance, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that for the reason 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 authorizes engagement of Garden Time to provide landscape beds at the corner of Bay and Quaker Roads for a cost of$2,550 to be paid for from the appropriate account as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2015 Town Budget by decreasing Contingency Account No.: 001-1990-4400 by $2,550 and increasing Buildings and Grounds Misc. Contractual Account No.: 001-1620-4400 by such amount, and/or take any other actions as may be necessary to provide for payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or the Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Irish Regular Town Board Meeting, 04-20-2015, Mtg#14 728 NOES : Mr. Clements ABSENT: Mr. Metivier RESOLUTION AUTHORIZING PROMOTION OF LAURA KING FROM BILLING SUPERVISOR TO ACCOUNTING SUPERVISOR AT TOWN WATER/WASTEWATER DEPARTMENTS RESOLUTION NO.: 150,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director has recommended that the Town Board authorize the promotion of current Billing Supervisor Laura King to Accounting Supervisor due to staffing needs in the Water/Wastewater Departments, and WHEREAS, Ms. King has placed successfully on the Warren County Civil Service Exam for such Accounting Supervisor position, and WHEREAS, the Town Board concurs with such recommendation and wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Laura King from Billing Supervisor to Accounting Supervisor, a Non-Union position, effective on or about April 21St, 2015 at an annual salary of $56,000, contingent upon any other Warren County Department of Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water Superintendent/Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015 by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier Regular Town Board Meeting, 04-20-2015, Mtg#14 729 RESOLUTION AUTHORIZING HIRING OF NICHOLAS BASHER AS TEMPORARY, SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 151, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire Nicholas Basher as a Temporary, Seasonal Laborer to work for the Cemetery Department, such employment proposed to commence on or about April 21St, 2015, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Nicholas Basher as a Temporary, Seasonal Laborer for the Cemetery Department commencing on or about April 21St, 2015, subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 33, 2015 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING CLOSURE OF HALFWAY BROOK STORMWATER/DRAINAGE CAPITAL PROJECT FUND #171 Regular Town Board Meeting, 04-20-2015, Mtg#14 730 RESOLUTION NO.: 152, 2014 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, in accordance with Resolution No.: 225, 2008, the Queensbury Town Board established the Capital Project Fund known as the Halfway Brook Stormwater/Drainage Capital Proj ect Fund #171, and WHEREAS, the District Manager of the Warren County Soil and Water Conservation District has advised the Town's Accountant that the Project Fund may be closed, and WHEREAS, the Town's accounting records show that there is approximately $78,033.42 remaining in Fund #171, and WHEREAS, the Town Board wishes to close such Fund #171 and transfer its remaining balance to the Town's Capital Reserve #66 — Town-wide Drainage Fund, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Halfway Brook Stormwater/Drainage Capital Project Fund #171 and transfer its remaining $78,033.42 to the Town's Capital Reserve #66 — Town-wide Drainage Fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING RAGNAR EVENTS, LLC TO CONDUCT RAGNAR RELAY ADIRONDACKS 200 MILE OVERNIGHT RUNNING RELAY RACE PARTIALLY WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 153,2015 Regular Town Board Meeting, 04-20-2015, Mtg#14 731 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Ragnar Events, LLC has requested permission to conduct a 200 mile overnight running relay race partially within the Town of Queensbury as follows: SPONSOR: Ragnar Events, LLC EVENT: Ragnar Relay Adirondacks 200 mile overnight running Relay Race from Saratoga Springs to Lake Placid, NY (November 20th 2014 letter describing the event presented at this meeting) DATE/TIME: September 25th-26th 2015 Approximately 12:30 p.m. on Friday, September 25th approximately 1:30 a.m. on Saturday, September 261' PLACE: Runners will be on the Warren County Bikeway from Glens Falls until Ash Drive, Queensbury, where they will take a left and follow Glen Lake Road to meet the next runner in the parking lot of the Warren County Municipal Center. Next runner will run back down Glen Lake Road where they will rejoin the bikeway and continue on it until the end at Million Dollar Beach, Major Exchange Point #12, Lake George and WHEREAS, the applicant shall be responsible to obtain any other municipal agency's approval(s) as may be necessary for their event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Ragnar Events, LLC to conduct its Ragnar Relay Adirondacks 200 mile overnight running Relay Race to be held on September 251i — 26th 2015 partially within the Town of Queensbury as generally described in the November 201i 2014 letter presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event as well as other municipal agency's approval(s) as may be required. Duly adopted this 201i day of April, 2015, by the following vote: Regular Town Board Meeting, 04-20-2015, Mtg#14 732 AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING HIRING OF ZACHARY BENNETT TO RETURN AS TEMPORARY, SEASONAL LABORER TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 154,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Cemetery Superintendent has requested Town Board authorization to hire Zachary Bennett to return as a Temporary, Seasonal Laborer to work for the Cemetery Department, such employment proposed to commence on or about the middle of May, 2015, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Zachary Bennett to return as a Temporary, Seasonal Laborer for the Cemetery Department commencing on or about the middle of May, 2015, and BE IT FURTHER, RESOLVED, that such Temporary, Seasonal Laborer shall be paid $10.00 per hour as set forth in Town Board Resolution No.: 33, 2015 to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier RESOLUTION AUTHORIZING CONTRACT WITH COUNCIL FOR Regular Town Board Meeting, 04-20-2015, Mtg#14 733 PREVENTION OF ALCOHOL AND SUBSTANCE ABUSE FOR PROVISION OF THE WARREN COUNTY YOUTH COURT PROGRAM RESOLUTION NO.: 155, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to contract with the Council for Prevention of Alcohol and Substance Abuse, Inc., for the provision, development and enhancement of the Warren County Youth Court Program for the year 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Council for Prevention of Alcohol and Substance Abuse, Inc., for the year 2015 with funding for the Agreement not exceeding the sum of$6,000 in the form substantially presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement with funding for the Agreement to be paid for from the appropriate Town account. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier RESOLUTION APPROVING TRANSIENT MERCHANT/TRANSIENT MERCHANT MARKET LICENSE FOR NORTHEAST REALTY DEVELOPMENT/KEVIN QUINN/NAOMI POLITO RESOLUTION NO.: 156,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Northeast Realty Development/Kevin Quinn/Naomi Polito (Northeast Realty) has submitted an application to the Queensbury Town Board for a Transient Merchant/Transient Merchant Market License to conduct a transient merchant market from June 2"d through June 7u', 2015 in the parking lot at 1650 State Route 9, Queensbury to sell assorted motorcycle and non- motorcycle products and services in accordance with the provisions of Town Code Chapter 160, and WHEREAS, the application is essentially identical to applications submitted by the applicant in previous years and since the Queensbury Planning Board conducted site plan review of Regular Town Board Meeting, 04-20-2015, Mtg#14 734 the prior applications, it is not necessary to again refer the application to the Planning Board for site plan review, NOW, THEREFORE, BE IT RESOLVED, that in accordance with the requirements set forth in Queensbury Town Code §160-8, the Town Board hereby grants a Transient Merchant/Transient Merchant Market License to Northeast Realty Development/Kevin Quinn/Naomi Polito to conduct a transient merchant market in the parking lot located at 1650 State Route 9, Queensbury, subject to the following: 1. Northeast Realty must pay all fees as required by Town Code Chapter 160; 2. Northeast Realty must submit a bond in the amount of$10,000 as required by Chapter 160; 3. Northeast Realty must submit proof of authorization to do business in New York and authorization of agent to receive service of summons or other legal process in New York; 4. The License shall be valid only from June 2nd through June 7th, 2015 from 9:00 a.m. to 9:00 p.m. and the license shall expire immediately thereafter; 5. The Transient Merchant License shall not be assignable; and 6. Northeast Realty must comply with all regulations specified in Town Code §160-8; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Code Enforcement Personnel to rigorously enforce the terms of the Site Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Zoning Administrator/Code Compliance Officer to send a certified copy of this Resolution to the Warren County Sheriff and also contact the Warren County Sheriff to request that the Warren County Sheriff s Office enforce off-road parking issues on Route 9 and throughout the community. Duly adopted this 20th day of April, 2015, by the following vote: Regular Town Board Meeting, 04-20-2015, Mtg#14 735 AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT : Mr. Metivier RESOLUTION AUTHORIZING CAPITAL PARK IMPROVEMENT PROJECTS, INCREASES IN PARK IMPROVEMENT PROJECTS AND WITHDRAWAL FROM CAPITAL RESERVE FUND #61 RESOLUTION NO.: 157,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund known as the Recreation Reserve Fund No. 61 (Fund No. 61) for future capital projects, and WHEREAS, by Memorandum to the Town Board dated April 8t1i 2015, the Town Recreation Commission presented a list of proposed specific capital improvements and certain maintenance projects at several of the Town Parks(Projects), and WHEREAS, the Town Board met with the Town's Recreation Commission Chairman and Parks and Recreation Director at the Town Board's Workshop on April 15t1i 2015 to discuss such proposed Projects, and WHEREAS, the Town Board wishes to authorize such Projects and the withdrawal and expenditure of moneys from Fund No. 61 in the total estimated amount of$135,000 as follows: Regular Town Board Meeting, 04-20-2015, Mtg#14 736 Park Location Total Proiect Cost Est. Gurney Lane $63,000 West End Park $8,200 Jenkinsville Park $8,000 Hovey Pond Park $22,000 Glen Lake Launch $3,500 Hudson River Park $24,000 Meadowbrook Preserve $6,300 TOTAL PROJECT ESTIMATES $135,000 with such specific repairs, upgrades, projects, etc., as set forth in the April 8th Memorandum presented at this meeting, 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 specific capital improvements and certain maintenance projects (Projects) and expenditures in the total estimated amount of$135,000, as follows: Park Location Total Proiect Cost Est. Gurney Lane $63,000 West End Park $8,200 Jenkinsville Park $8,000 Hovey Pond Park $22,000 Regular Town Board Meeting, 04-20-2015, Mtg#14 737 Glen Lake Launch $3,500 Hudson River Park $24,000 Meadowbrook Preserve $6,300 TOTAL PROJECT ESTIMATES $135,000 with such specific repairs, upgrades, projects, etc., as set forth in the April 8th Memorandum presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes a transfer from Fund No.: 61 in the amount of $135,000 to fund such Projects, such respective fund amounts to be placed into the respective Park Improvement Project Funds, reopening them as may be necessary, and the Town Board further directs that in the event there are funds remaining in such Funds after completion of the Project(s) or in the event that the Project(s) are not undertaken, the moneys in such Funds shall be returned to the Recreation Reserve, and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations in: • Expense Account No.: 157-7110-2899 in the amount of$63,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $63,000 and estimated revenues in Account No.: 157-0000-55031 in the amount of$63,000; • Expense Account No.: 169-7110-2899 in the amount of $8,200 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $8,200 and estimated revenues in Account No.: 169-0000-55031 in the amount of$8,200; • Expense Account No.: 138-7110-2899 in the amount of $8,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $8,000 and estimated revenues in Account No.: 138-0000-55031 in the amount of$8,000; • Expense Account No.: 146-7110-2899 in the amount of$22,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $22,000 and estimated revenues in Account No.: 146-0000-55031 in the amount of$22,000, • Expense Account No.: 140-7110-2899 in the amount of $3,500 — Capital Construction Regular Town Board Meeting, 04-20-2015, Mtg#14 738 and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $3,500 and estimated revenues in Account No.: 140-0000-55031 in the amount of$3,500; • Expense Account No.: 107-7110-2899 in the amount of$24,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $24,000 and estimated revenues in Account No.: 107-0000-55031 in the amount of$24,000, • Expense Account No.: 142-7110-2899 in the amount of $6,300 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $6,300 and estimated revenues in Account No.: 142-0000-55031 in the amount of$6,300, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawal and expenditure for such Projects are expenditures for specific capital projects and certain maintenance projects for which the Reserve Account was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks & Recreation Director and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 20th day of April, 2015 by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT Mr. Metivier RESOLUTION AUTHORIZING ENGAGEMENT OF COST CONTROL ASSOCIATES, INC. TO AUDIT TOWN UTILITY AND/OR TELECOMMUNICATION BILLS RESOLUTION NO.: 158,2015 INTRODUCED BY: Mr. Doug Irish Regular Town Board Meeting, 04-20-2015, Mtg#14 739 WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to engage the services of a consultant to audit the Town's utility and/or telecommunication bills as previous audits have resulted in significant recovery of past over-billings as well as reductions in ongoing telecommunication/utility billings, and WHEREAS, in the past the Town Board engaged the services of Cost Control Associates, Inc., to perform these auditing services and was pleased with its services, and WHEREAS, Cost Control Associates, Inc., will be compensated for its services from refunds received by the Town and future utility savings as set forth in the proposed Cost Reduction Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes engagement of the auditing services of Cost Control Associates, Inc., and further authorizes and directs the Town Supervisor to sign the Cost Reduction Agreement and Letter of Authorization substantially in the form presented at this meeting, as well as any other needed documentation, with the costs of the auditing services to be paid for from recovery of past telecommunication/utility over-billings as well as reductions in ongoing billings, and BE IT FURTHER RESOLVED, that the Town Board rescinds Resolution No.'s: 57,2015 and 86,2015 previously adopted concerning engagement of Cost Control Associates, Inc., pertaining to previous versions of proposed Agreements, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier Regular Town Board Meeting, 04-20-2015, Mtg#14 740 RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF APRIL 16TH AND APRIL 21ST, 2015 RESOLUTION NO.: 159,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of April 1611i 2015 and payment dates of April 16th and April 22"d, 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of April 16t1i 2015 and payment dates of April 16th and April 21St, 2015 totaling $142,154.95 and $739,543.79 respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of April, 2015, by the following vote: AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Metivier 5.0 CORRESPONDENCE TOWN CLERK BARBER-Noted that the March Monthly Report from David Hatin, Director of Building& Codes has been received and filed. 6.0 PRIVILEGE OF THE FLOOR MR. JIM MACKEY-Wanted to acknowledge and note my appreciation for the strong participation of the Town Board members at yesterday's charity fundraiser. MR. GEORGE WINTERS, 4 Clendon Brook Road-Referred to the monies the Town supplements to the seniors and stated that should not be taken away from them, if anything the Board should increase it. SUPERVISOR STROUGH-Noted that the Town did increase it from fifteen thousand (15,000) to twenty thousand(20,000). Regular Town Board Meeting, 04-20-2015, Mtg#14 741 MR. JOHN SALVADOR-Spoke to the Town Board regarding the erroneous Town boundaries in Lake George on the shores of Lake George, referenced a 1858 statute and 1958 map illustration for demonstration. PRIVILEGE OF THE FLOOR CLOSED 8:45 P.M. 7.0 TOWN BOARD DISCUSSIONS WARD II COUNCILMAN CLEMENTS-Noted that he has received calls regarding vacant rundown properties which he has brought to the attention of Dave Hatin, Director of Building & Codes and we should see some action on these shortly in the spring. WARD III & WARD IV Nothing to report SUPERVISOR STROUGH-Noted that he has a letter received from Tom Kubricky addressed to Craig Brown thanking the Town of Queensbury for facilitating their progress in developing their property. Thanked Teri Ross and her Assessment Department for their outstanding job they are doing with the reval program. Thanked Look TV, StoredTech and the town sponsors. RESOLUTION TO ADJOURN REGULAR BOARD MEETING RESOLUTION NO.: 160, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 20th day of April, 2015, by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: Mr. Metivier RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY