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2016-03-07 MTG 8 Regular Town Board Meeting, 03-07-2016, MTG#8 336 REGULAR TOWN BOARD MEETING MTG#8 March 7th 2016 BOH #8-9 7:02 P.M. RES#104-113 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN OFFICIALS Chris Harrington, Superintendent of Water& Director of Wastewater PRESS POST STAR, LOOK TV Supervisor Strough called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR STROUGH Public Presentation Mr. Ben Driscoll, Nutrition Outreach and Education Program Coordinator at Catholic Charities of Warren, Washington and Saratoga Counties gave presentation regarding his job of educating, informing and assisting individuals and families interested in SNAP, Supplemental Nutrition Assistance Program. 1.0 Queensbury Board Of Health RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 104, 2016 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enters as the Queensbury Board of Health. Duly adopted this 7th day of March, 2016, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None PUBLIC HEARING— SEWAGE DISPOSAL VARIANCE OF BRETT AND PAMELA WEST PUBLICATION DATE: FEBRUARY 26, 2016 Supervisor Strough gave overview of application and recognized the applicant's agents, Jon Lapper, Esq. and Tom Hutchins, P.E. PUBLIC HEARING OPENED TO PUBLIC 7:20 P.M. Regular Town Board Meeting, 03-07-2016, MTG#8 337 MR. RON BALL, Queensbury-A couple of questions. What size home is that there now? Is it a three (3)bedroom or? SUPERVISOR STROUGH-Six (6) bedrooms. MR. BALL-Six (6) bedroom and what size home tank is in there now? SUPERVISOR STROUGH-Right now they have a nonconforming septic system. I am not sure if we know the exact condition; it's probably not good but I can't tell the exact details. They might be able to when they come back but I will ask that question for you. MR. BALL-Okay, is there a leach field? SUPERVISOR STROUGH-I will ask that. MR. BALL-The new tank they want to put in a six thousand gallon? COUNCILMAN VANNESS-Three (3)two thousand (2,000) gallon pump tanks. MR. BALL-Pump tanks so SUPERVISOR STROUGH-Holding tanks. MR. BALL-Holding tanks, will those holding tanks go into a leach field? SUPERVISOR STROUGH-No, they get pumped out. MR. BALL-So with that size, could he expand on the house if this approved? SUPERVISOR STROUGH-Given the location and the way it looks, I don't think you can expand that house. COUNCILMAN METIVIER-There's not a ton of room there, Ron. MR. BALL-Is it a two (2) story house? COUNCILMAN VANNESS-It is. It does look like there's future expansion that they want to do Ron but it's non-bedroom, non-living spaces. COUNCILMAN IRISH-Porches. COUNCILMAN VANNESS-Three (3) season porch, future porch, carport, nothing that anyone's going to live in. Those are the only future expansions going around the outside of the home, not in the home itself. MR. BALL-Okay, you've got my approval. COUNCILMAN CLEMENTS-We must be good then. COUNCILMAN IRISH-Wait, don't go away Ron. We have a few more Resolutions. CHRIS NAVITSKY, Lake George Waterkeeper-The Waterkeeper supports when residences will take the initiative to replace antiquated systems, especially with a holding tank. We do have a couple of technical questions I guess. They had a series of three (3)tanks and the way the detail lines up is that, it appears one tank will fill up and then the next one and then the next one and the alarms are in the third tank but they say they're set at fifty (50) percent capacity which doesn't seem that it will actually be fifty (50) percent if the alarm's in the last tank. So, if there could just be a way to make sure that those tanks actually rise and fall in equilibrium, possibly with a lower plate. Just wondering if this is a year round residence. It seems like they're building the tanks up so will there be concern about freezing with the, where that type enters the top of the tank? Also, in the grinder pumps, we support their initiative where actually their tank Regular Town Board Meeting, 03-07-2016, MTG#8 338 high level alarm actually has a water supply shutoff. We support that, we're just wondering if the grinder pump station will have the same type of alarm system. Meaning, they have a pump that will pump up to this holding tank, if there's a malfunction in that pump, will that also have a water shutoff? Those are our questions. Thanks. SUPERVISOR STROUGH-Alright, thank you. Any other member of the public wish to speak to this variance application? Okay, will the agents of the applicant please return to the table. Alright, Tom, do you know much about the current system that's there? Leach fields? MR. HUTCHINS-We don't. We know there's a pump station just outside the house and we know there's an area to the east of the driveway. We don't know precisely where it is and we don't know details. There's no permit record at the town. We did search that. COUNCILMAN VANNESS-So, I think the big part of the question is, there is no longer going to be any use, right? Once these tanks go in place, that's done? MR. HUTCHINS-Once these tanks are in, that will all be decommissioned. SUPERVISOR STROUGH-And the future of the house, is it going to be expanded in size? ATTORNEY LAPPER-Somebody else that owned this piece of property would want to come in and build a big house, and they want to keep the log home that you all saw and just do some pretty modest changes to put on two porches on the lakeside and a small three (3) season room, not living space, and on the landside, on the driveway side, a carport and that's it. So really, really modest, it's still going to stay the same log home,just a little updated. SUPERVISOR STROUGH-Okay, three (3)tank system set at fifty (50) percent capacity. MR. HUTCHINS-With regard to alarms, I can clarify that. Your ordinance requires an alarm at fifty (50) percent and actually a hundred (100) percent usable capacity. I would typically do eighty-five (85) and ninety-five (95), that's why the two flows are showing in one tank. Chris is correct, the middle flow will have to be in the central tank and I will correct that. SUPERVISOR STROUGH-So will they be rising to the ...? MR. HUTCHINS-I don't like to do it that way, I like to fill them in series because I don't like penetrations in the bottom of septic tanks. SUPERVISOR STROUGH-So the first one will fill up and the second one, when that gets about half full, the alarm will go off saying, you're about halfway. MR. HUTCHINS-Yes. SUPERVISOR STROUGH-Okay. MR. HUTCHINS-And then it will overflow to the third one. COUNCILMAN IRISH-Do you have any alarms if that doesn't flow through to the next tank? Is there any, what happens if something plugs up in the first tank or the second tank and it never actually fills, do you have some kind of... MR. HUTCHINS-Well if it didn't get to the third tank, well you would have the alarm from the second tank which somebody is just going to silence because they know it's half full and that's my logic ... COUNCILMAN IRISH-But I guess my question, I think this is probably what Chris was talking about, what's, where's the safety feature to make sure that if one of these tanks has a problem and it's not out letting, that it doesn't overflow? Regular Town Board Meeting, 03-07-2016, MTG#8 339 MR. HUTCHINS-There isn't anything between the tanks, I think what Chris is talking about is the grinder pump station and I can also include that with the water shutoff. There's a water shutoff if, when the tanks reach full level and I can include ... COUNCILMAN IRISH-Anyone of the tanks? If anyone of those tanks reaches ... MR. HUTCHINS-No, when, in the third tank. SUPERVISOR STROUGH-I think what Councilman Irish is trying to say is what if there's blockage in that pipe connecting tank one (1) and tank two (2)? Is that grinder COUNCILMAN IRISH-And it's keeping on pumping from the house. SUPERVISOR STROUGH-Grinder pump system going to be the alarm that sets it off saying, hey, there's nothing going into tank two (2)because the line connecting the two (2) is blocked. COUNCILMAN IRISH-Yea, that's my question. MR. HUTCHINS-There is no alarm to detect a blocked connection between tank two (2) and ... COUNCILMAN IRISH-But wouldn't you do that with a level, some kind of level alarm? I mean if the level in tank one (1) is continuing to high, or to raise above the outlet, wouldn't you have some kind of alarm in there to let you know it's not out letting? MR. HUTCHINS-Not, because the outlet is to tank two (2) so not in tank one (1), no. COUNCILMAN IRISH-That's my question. MR. HUTCHINS-We have one in tank two (2) and one (1) in tank three (3). COUNCILMAN IRISH-But if there's a blockage between one (1) and two (2) and you're just keeping on pumping stuff into one (1) and it's not going anywhere. COUNCILMAN VANNESS-And it's not shutting down the grinder. MR. HUTCHINS-It doesn't go anywhere; it will back up into the pump station and we can put an alarm there. COUNCILMAN IRISH-That's my question, how do you... COUNCILMAN VANNESS-You can alarm the pump station. MR. HUTCHINS-The pump station is alarm. I don't have the pump station connected to water shutdown. There's alarm which sounds an audio and visual alarm but it doesn't really do... we can also connect the pump station, there's a contact where overflow ... SUPERVISOR STROUGH-So if tank one (1) becomes full and the blockage is between tank one (1) and tank two (2), the grinder pump station will fill up and that alarm will tell somebody ... COUNCILMAN VANNESS-You can have an alarm that will set off MR. HUTCHINS-If the pump station is overflowing, yes, we can have that alarm and it will disable the water supply. COUNCILMAN VANNESS-Okay, good. COUNCILMAN IRISH-You have that design now or no? MR. HUTCHINS-I do not have, it's, the panel is capable of it. COUNCILMAN IRISH-Okay. Regular Town Board Meeting, 03-07-2016, MTG#8 340 MR. HUTCHINS-Okay, but we don't have it wired in that way. TOWN COUNSEL HAFNER-Can you give me the language of what that would have to be in case they ask me to put it into the Resolution? MR. HUTCHINS-That there would be an electrical interlock between the grinder pump station and the house water supply. An electrical interlock to disable the residence water supply in the event of an overflow within the pump station, or high level in the pump station. COUNCILMAN VANNESS-Right. TOWN COUNSEL HAFNER-Provided that there will be an electrical interlock to shut off the water supply if, that's as far as I got trying to keep up with you. MR. HUTCHINS-There is a high level in the pump, in the grinder pump station. COUNCILMAN CLEMENTS-So just to summarize it, you're going to have an alarm on the grinder pump station and an alarm in the second tank and an alarm in the third tank? MR. HUTCHINS-No. We're going to have an alarm in the, a level alarm in the second tank, a level alarm in the third tank. The third tank is also, will disable the house water supply and a trouble, or failure in the pump station will also disable the house water supply. SUPERVISOR STROUGH-Okay. Year-round freezing issues, anything of concern to you as the engineer of the system? MR. HUTCHINS-No, I don't have concerns with freezing. They are below grade. We brought the grade up a little bit but the tanks are still a foot below grade. SUPERVISOR STROUGH-Okay and is it going to be used year-round potentially? ATTORNEY LAPPER-Yes. MR. HUTCHINS-Yes, there is some use year-round. SUPERVISOR STROUGH-Okay. I guess he answered all the questions. Are there any more questions on behalf of the Board? COUNCILMAN VANNESS-No, I'm good now. SUPERVISOR STROUGH-Okay, would you please reread the amended version for the sake of the public and the Board? TOWN COUNSEL HAFNER-What I did was I added a clause at the end of the first Resolved, the first of the proposed Resolution. The first Resolved approves the application and I put it at the end, provided that there will be an electrical interlock shutoff of the water supply if there is a high level in the pump station. SUPERVISOR STROUGH-Is that satisfactory to the applicant? ATTORNEY LAPPER-Yes. SUPERVISOR STROUGH-Okay, hearing no further questions, do I hear a motion? PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE OF BRETT AND PAMELA WEST RESOLUTION NO.: BOH 8,2016 Regular Town Board Meeting, 03-07-2016, MTG#8 341 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Brett and Pamela West (Applicants) filed an application for a variance from Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks, as the Applicants wish to install three (3) 2,000 gallon septic holding tanks for a total of 6,000 gallons of capacity to replace their existing on-site wastewater treatment system on property located at 106 Bay Parkway in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health conducted a public hearing concerning the variance request on Monday, March 7th, 2016, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Brett and Pamela West for a variance from the Sewage Disposal Ordinance to allow installation of three (3) 2,000 gallon septic holding tanks for a total of 6,000 gallons of capacity to replace their existing on- site wastewater treatment system on property located at 106 Bay Parkway in the Town of Queensbury, bearing Tax Map No.: 226.15-1-17, provided that there will be an electrical interlock shut off of the water supply if there is a high level in the pump station, and BE IT FURTHER, Regular Town Board Meeting, 03-07-2016, MTG#8 342 RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 7th day of March, 2016, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 9, 2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 7th day of March, 2016, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS SUPERVISOR STROUGH reviewed proposed Resolutions with the public. MR. CHRIS HARRINGTON, Superintendent of Water& Director of Wastewater gave an overview of the recent emergency issue involving a break with the sewer force main. (Displayed examples of pipe, one in good shape and the others that are deteriorating from external corrosion). Stated that ductile iron pipe is not made for those soil conditions. In 2007 we had a repair which replaced about fifteen hundred (15 00) feet; we had a repair last year and now another. I was hopeful that we would get another couple of years out of the pipe but I am not sure that we will get that, without having more main breaks. Recommended some options for the Town Board to consider, one being Resolution 3.4, `Resolution Authorizing Engagement of Chazen Companies for Engineering Report and Grant Application Seeking Funding From New York State Environmental Facilities Corporation in Support of Meadowbrook Pump Station Force Main Lining Project'. Regular Town Board Meeting, 03-07-2016, MTG#8 343 COUNCILMAN METIVIER noted that he sits on the Board of Directors for the West Mountain School, their non-for-profit 501C(3) and while we don't have any direct affiliation with West Mountain Ski area, I feel it's appropriate to abstain from that vote. SUPERVISOR STROUGH opened floor to the public. MR. JOHN SALVADOR referred to Resolution 3.4, `Resolution Authorizing Engagement of Chazen Companies for Engineering Report and Grant Application Seeking Funding From New York State Environmental Facilities Corporation in Support of Meadowbrook Pump Station Force Main Lining Project' and questioned if the town has a total erected cost for the project. SUPERVISOR STROUGH noted that the Resolution is for Chazen to determine the probable costs for the project along with applying for a grant. 3.0 RESOLUTIONS FINAL ORDER APPROVING EXTENSION NO.: 51 TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE MAURICE COMBS SUBDIVISION RESOLUTION NO.: 105,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District to serve the proposed Maurice Combs Subdivision (Subdivision) on 636 Corinth 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 Hutchins Engineering concerning the proposed Water District Extension No. 51 to connect the Subdivision to the existing Queensbury Consolidated Water District water main along the north side of Corinth 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. 51, 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. 51, and determined that the project would not have a significant effect on the environment and issued a Negative Declaration, and Regular Town Board Meeting, 03-07-2016, MTG#8 344 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 January l It" 2016, 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. 51; (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. 51 to the typical property and the typical one or two family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office; and (g) the time and place of a public hearing on the proposed Water District Extension No. 51, 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. 51 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, on January 25th, 2016, the Town Board held a public hearing and heard all interested persons concerning the proposed Water District Extension, considered the evidence given together with other information and adopted Resolution No.: 52,2016 determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) it is in the public interest to establish, authorize, and approve the Water District Extension No. 51 to the existing Queensbury Consolidated Water District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; (c) all property and property owners within the Water District Extension No. 51 are benefited; and (d) all benefited property and property owners are included within the limits of the Water District Extension No. 51; subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law §9-f, and Regular Town Board Meeting, 03-07-2016, MTG#8 345 WHEREAS, the Town Board wishes to establish the proposed Water District Extension No. 51 in accordance with Town Law Article 12-A and intends to consider consolidating the Water District Extension No. 51 with the Queensbury Consolidated Water District in the future, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Town of Queensbury Consolidated Water District Extension No. 51 be established as described in the Map, Plan and Report and the improvements described in the Map, Plan and Report be constructed and the service within the Water District Extension No. 51 be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that no property within such Water District Extension No. 51 shall be hooked up or receive water until such time as the Water Superintendent shall be satisfied, in his absolute discretion, that all infrastructure has been installed correctly as detailed in the Map, Plan and Report's corresponding specifications, that all costs of installation have been paid for by the Developer as per the Map, Plan and Report, and that all infrastructure and easements deemed necessary by him and Town Counsel have been dedicated to the Town, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Clerk to cause a certified copy of this Order to be duly recorded in the Office of the Clerk of Warren County and to be filed in the Office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this Order. Duly adopted this 7th day of March, 2016, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF QUEENSBURY CONSOLIDATED WATER DISTRICT AND QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION NO. 51 RESOLUTION NO.: 106,2016 INTRODUCED BY: Mr. Doug Irish Regular Town Board Meeting, 03-07-2016, MTG#8 346 WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination "shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the districts," and WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly established by the Town Board and has been expanded by several extensions over the past 30 years, and WHEREAS, occasionally, individual property owners outside the QCWD but with Town water supply in the immediate vicinity have wished to receive water from the District and have been purchasing water under contract with the Town as out-of-district users, and WHEREAS, by Final Order dated March 7th, 2016, the Town Board established the Queensbury Consolidated Water District Extension No. 51 to the QCWD to serve the proposed Maurice Combs Subdivision on 636 Corinth Road ("QCWDX"), and WHEREAS, water mains and fire hydrants and other capital improvements are planned to be constructed to serve the parcels within the QCWDX, provided Developer receives all Town approvals for variances related to the proposed subdivision, and WHEREAS, the Town Water Superintendent has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and the QCWDX into one District, and determined that such a combination would create greater operating efficiencies, provide better service to the public each serves, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a Consolidation Agreement to commence proceedings to consolidate Districts, and WHEREAS, Town Counsel and the Town Water Superintendent have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby endorses the proposed Consolidation Agreement. 2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, April 18t1i Regular Town Board Meeting, 03-07-2016, MTG#8 347 2016 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other and further action as may be required or authorized by law. 3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to: (a) cause a copy and a summary of the Agreement to be displayed and readily accessible to the public for inspection in a public place within each District; (b) cause a copy and a summary of the Agreement and a reference to the public place where they may be examined to be displayed on the Town's website; and (c) arrange for the summary of the Agreement and a reference to the public place where the Agreement may be examined to be published at least once each week for four successive weeks in the Post Star, not more than five (5) business days after adoption of this Resolution, as required by the New York General Municipal Law. 4. The Town Board further authorizes and directs the Queensbury Town Clerk to cause a Notice of the Public Hearing, including a Summary of the Agreement and a reference to the public place where it may be examined, to be published and displayed on the Town's website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law. 5. The Town Board authorizes and directs the Town Supervisor, Town Water Superintendent, Town Clerk and/or Town Counsel to take all actions necessary to effectuate this Resolution. Duly adopted this 7th day of March, 2016 by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING CAPITAL PARK IMPROVEMENT PROJECTS, INCREASES IN PARK IMPROVEMENT PROJECTS AND WITHDRAWALS FROM CAPITAL RESERVES #61 AND #64 RESOLUTION NO.: 107,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board previously established Capital Reserve Funds Regular Town Board Meeting, 03-07-2016, MTG#8 348 known as the Recreation Reserve No. 61 (Fund No. 61) and Capital Reserve No. 64 (Fund No. 64) for future capital projects, and WHEREAS, by Memorandum to the Town Board dated February 2011, 2016, 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 wishes to authorize such Projects and the withdrawal and expenditure of moneys from Reserve No. 61 in the total estimated amount of$39,000 as follows: Park Location Proiect Cost Est. Gurnev Lane $1 ,000 West End Park $ x,000 Hovev Pond Park $11,000 Hudson River Park $ 8,000 TOTAL PROJECT $39,000 ESTIMATES with such specific repairs, upgrades, projects, etc., as set forth in the February 26th Memorandum presented at this meeting, and WHEREAS, the Town Board also wishes to authorize a withdrawal and expenditure in the total estimated amount of $80,000 from Reserve No. 64 toward specific facility repairs, infrastructure upgrades and equipment storage garage at Gurney Lane, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserves#61 and#64 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$119,000 ($39,000 from Reserve#61 and $80,000 from Reserve#64), as follows: Park Location Total Proiect Cost Est. Gurnev Lane $9 ,000 West End Park $ x,000 Hovev Pond Park $11,000 Hudson River Park $ 8,000 TOTAL PROJECT $119,000 ESTIMATES Regular Town Board Meeting, 03-07-2016, MTG#8 349 with such specific repairs, upgrades, projects, etc., as set forth in the February 2011 2016 Memorandum presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes: 1. a transfer from Reserve No.: 61 in the amount of$39,000; and 2. a transfer from Reserve No.: 64 in the amount of$80,000; 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 Reserve(s), and BE IT FURTHER, RESOLVED, that the Town Board hereby increases appropriations in: • Expense Account No.: 157-7110-2899 in the amount of$95,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $15,000 and 001-9950-9030-0064 — Transfer to Capital Project in the amount of $80,000 and estimated revenues in Account No.: 157-0000-55031 in the amount of$95,000; • Expense Account No.: 169-7110-2899 in the amount of $5,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $5,000 and estimated revenues in Account No.: 169-0000-55031 in the amount of$5,000; • Expense Account No.: 146-7110-2899 in the amount of$11,000 — Capital Construction and 001-9950-9030-0061 — Transfer to Capital Project in the amount of $11,000 and estimated revenues in Account No.: 146-0000-55031 in the amount of$11,000, • Expense Account No.: 107-7110-2899 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.: 107-0000-55031 in the amount of$8,000, 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 Regular Town Board Meeting, 03-07-2016, MTG#8 350 which the Reserve Accounts were 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 7th day of March, 2016 by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR ENGINEERING REPORT AND GRANT APPLICATION SEEKING FUNDING FROM NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION IN SUPPORT OF MEADOWBROOK PUMP STATION FORCE MAIN LINING PROJECT RESOLUTION NO.: 108,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies for preparation of an engineering report and assistance with completing a grant application seeking funding from the New York State Environmental Facilities Corporation, which recently announced Round 2 of the New York State Water Infrastructure Improvement Act, in support of the Town's Meadowbrook Pump Station Force Main Lining Project, as delineated in Chazen Engineering's proposal dated February 29t1i 2016 and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies for preparation of an engineering report and assistance with completing a Regular Town Board Meeting, 03-07-2016, MTG#8 351 grant application in support of the Town's Meadowbrook Pump Station Force Main Lining Project, as delineated in Chazen Engineering's proposal dated February 29t1i 2016 presented at this meeting, for an amount not to exceed $7,500, and BE IT FURTHER, RESOLVED, that such services shall be paid for from Account No.: 032-8110-4720 in the amount of$5,100, and Account No.: 036-8110-4720 in the amount of$2,400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer $5,100 from 032 Fund Balance to 032-8110-4720, and $2,400 from 036 Fund Balance to 036-8110-4720, and take all necessary actions to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Wastewater Director and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of March, 2016, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY SEWER FORCE MAIN REPAIRS RESOLUTION NO.: 109,2016 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, on February 17t1i 2016, a break on the Town of Queensbury's force main that discharges directly to the City of Glens Falls from the Town's Meadowbrook Road Pump Station was confirmed at a location behind D'Ella Honda north of Quaker Road, and WHEREAS, the Town Wastewater Director inspected such break and recommended that that the Town complete the needed force main repairs on an emergency basis for public safety reasons as time would not allow for the receipt of bids and therefore the Town Supervisor Regular Town Board Meeting, 03-07-2016, MTG#8 352 declared an emergency and the Wastewater Director contacted Kubricky Construction, a subsidiary of DA Collins, to perform the necessary emergency repairs, and WHEREAS, Kubricky Construction began such emergency repairs on February 18th and completed the repairs and demobilized from that location on February 21St, 2016, such emergency repairs totaling the amount of$38,613.32, and WHEREAS, the Town Board hereby determines that such repair services constituted an emergency procurement needed to best serve the Town's residents and such repairs should have been done as soon as possible, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described repairs, the Queensbury Town Board hereby waives its requirement under General Municipal Law §103 and the Town of Queensbury's Purchasing Policy and authorizes, directs and ratifies the Town Wastewater Director's engagement of Kubricky Construction, a subsidiary of DA Collins, to make the emergency force main repairs as delineated in the preambles of this Resolution for the amount of $38,613.32, as such emergency repairs were needed to best serve the Town's residents and should have been made as soon as possible, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment shall be made from Account No.: 032-8120-4400 in the amount of $26,258 and Account No.: 036-8120-4400 in the amount of$12,357, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer$26,258 from 032 Fund Balance to 032-8120-4400 and $12,357 from 036 Fund Balance to 036-8120-4400 and take all necessary actions to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Wastewater Director and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 7th day of March, 2016, by the following vote: Regular Town Board Meeting, 03-07-2016, MTG#8 353 AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None AB SENT : None RESOLUTION SCHEDULING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2016 AMENDING QUEENSBURY TOWN CODE RELATING TO CONTRACTING FOR ANIMAL CONTROL SERVICES RESOLUTION NO.: 110,2016 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to authorize additional options for providing animal control services in the Town, and WHEREAS, the Town Board has prepared proposed Local Law No. of 2016 which provides for such options, and WHEREAS, New York Municipal Home Rule Law requires a Public Hearing to be held prior to adoption of a Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday, March 21, 2016 to consider proposed Local Law No. of 2016 and to hear all interested persons, and at that time may take any other actions authorized by law concerning proposed Local Law No. of 2016, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish and post legal notice of the Public Hearing on proposed Local Law No. of 2016 in the manner provided by law, and shall make a copy of the proposed Local Law available for public inspection in the Town Clerk's office following the adoption of this Resolution and until the Public Hearing is closed. Duly adopted this 7th day of March, 2016, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None AB SENT : None RESOLUTION APPROVING AUDIT OF BILLS Regular Town Board Meeting, 03-07-2016, MTG#8 354 WARRANT OF MARCH 8TH, 2016 RESOLUTION NO.: 111, 2016 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 March 3rd, 2016 and a payment date of March 8th 2016, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 3rd, 2016 and a payment date of March 8t1i 2016 totaling $770,048.71, 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 7th day of March, 2016, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None AB SENT : None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST MOUNTAIN SKI RESORT RESOLUTION NO.: 112, 2016 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury has received a request for $6,000 occupancy tax funding from the West Mountain Ski Resort toward the hosting of ski racing events at West Mountain during the 2016 season, and WHEREAS, such events are expected to draw over 1,000 families from outside the region to Queensbury and the surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and Regular Town Board Meeting, 03-07-2016, MTG#8 355 WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the West Mountain Ski Resort substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of $6,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget to amend the Town Budget and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 7th day of March, 2016, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Clements NOES None ABSENT: None ABSTAIN: Mr. Metivier 4.0 CORRESPONDENCE TOWN CLERK CAROLINE BARBER stated that the February Monthly report for Building and Codes has been received and filed in the Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR DR. DAVID JUDKINS referred to the Glens Falls watershed properties located in the Town of Regular Town Board Meeting, 03-07-2016, MTG#8 356 Queensbury having been granted both town and county tax exempt status. Noted that this allows the water bottling company, a private company to benefit from unintended tax exemptions made to a municipality. Addressed Mr. Irish, Mr. VanNess and Mr. Clements and questioned whether they would have approached this differently if appropriately informed of tax exempt status benefiting a private company at the expense of the taxpayers. MR. JOHN SALVADOR spoke regarding the Lake George Watershed Coalition and the state owed grant monies due to the various municipalities. Questioned who will be doing the algae testing for the town and how will it be funded. SUPERVISOR STROUGH noted that the advisory board will make that decision and their next meeting is scheduled for March 10th Town Board held discussion regarding the watershed property and the tax exempt status. 6.0 TOWN BOARD DISCUSSIONS WARD IV—COUNCILMAN VANNESS • I am happy to see that the occupancy tax went through for West Mountain; I think they are doing a phenomenal job. • I am looking forward to the construction that's coming in on Main Street and Corinth Road, moving forward with the cooperation of the City, I can see big things happening down there. WARD III—COUNCILMAN IRISH • I would like to pass along our thoughts and prayers to the family of Riley Olson, a former student at Queensbury High School who was in a very bad skiing accident. WARD H—COUNCILMAN METIVIER • Referred to letter from NYS DOT denying town's request for a speed reduction for a small section of road on Moon Hill Road. I am perplexed by their actions but it's really about enforcement. TOWN SUPERVISOR STROUGH • I manned the booth on behalf of the Warren County Safe and Quality Bike Organization this past weekend at the sports show at the Saratoga Convention Center and I received a lot of positive feedback about the new single and double track mountain bike system that we have at Gurney Lane Recreation Area. • In conjunction with Warren County, there will be two Household Hazardous Waste Collection days, one in Warrensburg and the other in the Town of Queensbury. We have a tentative date of June 18th from 9 a.m. to 2 p.m. for the collection date being held at the Queensbury Highway garage and more details will be forthcoming. RESOLUTION TO ADJOURN REGULAR BOARD MEETING RESOLUTION NO.: 113,2016 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. Regular Town Board Meeting, 03-07-2016, MTG#8 357 Duly adopted this 7th day of March, 2016 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY