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2015-10-05 MTG 31 REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1016 REGULAR TOWN BOARD MEETING MTG#31 OCTOBER 5, 2015 RES# 346-354 7:00 P.M. BOH: 25-27 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN WILLIAM VANNESS COUNCILMAN DOUG IRISH TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS POST STAR SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN IRISH 1.0 QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO.: 346, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby move into the Queensbury Board of Health. Duly adopted this 5th day of October, 2015, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None SUPERVISOR STROUGH questioned whether anyone would like to comment on the proposed resolution? JOHN SALVADOR referred to the owner's statement in the application and questioned whether the town would grant the permit if not signed by the owner? TOWN COUNSEL HAFNER noted that we would treat it as an incomplete application. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JASON AND TRICIA GOTTLIEB RESOLUTION NO.: BOH 25,2015 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1017 SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Jason and Tricia Gottlieb have applied to the Local Board of Health for variances from Chapter 136 to install a new on-site replacement wastewater treatment system as follows: 1. Absorption field to be 80' from the Lake George shoreline instead of the required 100' setback; 2. Septic tank to be 3' from the dwelling instead of the required 10' setback; 3. Septic tank to be 3' from the north property line instead of the required 10' setback; and 4. Septic tank to be 7' from the east property line instead of the required 10' setback; 5. Absorption field to be 2' from the dwelling instead of the required 20' setback; 6. Absorption field to be 3' from the property line instead of the required 10' setback; and 7. Absorption field to be 0' from the property line instead of the required 10' setback; on property located at 389 Cleverdale Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jason and Tricia Gottlieb's sewage disposal variance application concerning property located at 389 Cleverdale Road, Queensbury (Tax Map No.: 226.8-1-2) 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' of the applicant's property as required by law. Duly adopted this 5th day of October, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1018 ABSENT: None RESOLUTION RESCHEDULING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF FRITZ STEFANZICK RESOLUTION NO.: BOH 26,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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, by Resolution BOH 23,2015, the Local Board of Health scheduled a public hearing for Monday, October 19th 2015 regarding the application of Fritz Stefanzick regarding Mr. Stefanzick's request for variances from Chapter 136 to place: 1. the replacement absorption field 63' from the existing on-site well instead of the required 100' setback; 2. the existing septic tank 26' from the existing on-site well instead of the required 50' setback; and 3. the existing septic tank 5' from the house instead of the required 10' setback; on property located at 43 Hanneford Road in the Town of Queensbury, and WHEREAS, Mr. Stefanzick has requested that the public hearing be rescheduled for Monday,November 2"d 2015, and WHEREAS, the Local Board of Health wishes to accordingly reschedule such public hearing, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health hereby reschedules the public hearing for Monday, November 2"d 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Fritz Stefanzick's sewage disposal variance application concerning property located at 43 Hanneford Road in the Town of Queensbury (Tax Map No.: 240.6-1-11) and at that time all interested persons will be heard, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1019 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 5th day of October, 2015, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION TO ADJOURN BOARD OF HEALTH RESOLUTION NO.: 27,2015 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns from session and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 5th day of October, 2015, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS RON BALL 3.0 RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF WATER MAIN REPLACEMENT CAPITAL PROJECT FUND #196 RESOLUTION NO.: 347, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess WHEREAS, in accordance with Resolution No.: 368,2012, the Queensbury Town authorized the establishment of the "Water Main Replacement Capital Project Fund #196," which Fund established funding for expenses associated with the replacement of water mains in the vicinity of Everts Avenue, Foster Avenue and Country Club Road, (Project), and REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1020 WHEREAS, the Town Water Superintendent has advised the Town's Accountant that the Project is complete and therefore the Project Fund may be closed, and WHEREAS, the Town's accounting records show that there is approximately $144,416.32 remaining in Fund #196, and WHEREAS, the Town Board wishes to close such Fund #196 and transfer its remaining balance to the Water Fund #40, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Water Main Replacement Capital Project Fund #196 and transfer its remaining $144,416.32 to Water Fund #40, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent, 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 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 348,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2016 as presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1021 RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2016 Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 349,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2016 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2016 Reservoir Park Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1022 Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 350,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sanitary Sewer District Benefit Tax Roll for 2016 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2016 Route 9 Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY- REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1023 QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 351,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury— Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2016 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2016 South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON WEST QUEENSBURY- SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 352,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1024 adoption of the proposed West Queensbury Sanitary Sewer District Benefit Tax Roll for 2016 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2016 West Queensbury Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF OCTOBER 6TH, 2015 RESOLUTION NO.: 353,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of October 1St, 2015 and a payment date of October 6th 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of October 1St, 2015 and a payment date of October 611i 2015 totaling $110,013.35, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1025 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 5th day of October, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None AB SENT : None 4.0 CORRESPONDENCE—None 5.0 PRIVILEGE OF THE FLOOR DOUG AUER spoke regarding the controversial Siemens alternative energy project at county- owned Westmount Health Facility. JOHN SALVADOR referred to proposed 2016 town budget and noted there is a great deal of money in reserve funds, over eighteen and a half million dollars($18,500,000.00) and taxes should be lowered. RON BALL referred to previous Town Board meeting of Dave Wick's presentation of Lake George and noted his concern with the danger in the southern end of the lake with all of the boat traffic and boat rentals. 6.0 TOWN BOARD DISCUSSIONS WARD IV—None WARD III - COUNCILMAN IRISH • Recognized in the audience, Damion Duggan of 861 Upper Sherman Avenue, a Queensbury Senior who is in the delayed entry program for the United States Marines and thanked him for volunteering his service. WARD H—None WARD I—None SUPERVISOR STROUGH • Announced the winners of the Queensbury Beautification Committee Awards for residential and commercial properties in the Town of Queensbury. • Announced a public informational meeting, a Solar Round Table discussion scheduled for Thursday, October 15, 2015 at 7 p.m. here at the Activities Center. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 354,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 10-05-2015,MTG 431 1026 SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 5th day of October, 2015, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY