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2017-03-20 MTG #8 REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 1 REGULAR TOWN BOARD MEETING MTG#8 MARCH 20, 2017 BOH #7-10 7:00 P.M. RES# 76-87 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN TIM BREWER (after sworn in) TOWN COUNSEL MICHAEL CROWE, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH reviewed the credentials of the three candidates for the vacancy of Ward IV Councilperson. Tonight's resolution proposes the appointment of Tim Brewer to fill the vacancy in the office of Town Councilperson. Noted that he was the only candidate to receive the three vote minimum that was needed. I will open the floor for discussions by the public. TRAVIS WHITEHEAD, Ward IV-Spoke regarding `Resolution Appointing Tim Brewer To Fill Vacancy In Office Of Town Councilperson'. JENNIFER SWITZER, Candidate-Spoke regarding `Resolution Appointing Tim Brewer To Fill Vacancy In Office Of Town Councilperson'. DAVE O'BRIEN, 36 Maid Marion Way-Spoke regarding `Resolution Appointing Tim Brewer To Fill Vacancy In Office Of Town Councilperson'. LYNNE BOECHER, 9 Oakwood Drive-Spoke regarding `Resolution Appointing Tim Brewer To Fill Vacancy In Office Of Town Councilperson'. RESOLUTION APPOINTING TIM BREWER TO FILL VACANCY IN OFFICE OF TOWN COUNCILPERSON RESOLUTION NO.: 76,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, effective February 28, 2017 there was a vacancy in the Office of Town Councilperson as former Ward IV Councilperson William VanNess resigned his office so he could assume the position of Republican Commissioner of the Warren County Board of Elections, and WHEREAS, under New York State Town Law §64(5), the majority of the Town Board is authorized to appoint a qualified person to fill the vacancy in the office of Councilperson, and REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 2 WHEREAS, the Town Board finds Tim Brewer to be qualified to hold the office of Town Councilperson, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Tim Brewer as Ward IV Town Councilperson until commencement of the next calendar year, and BE IF FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Town Clerk to take all actions necessary to effectuate this Resolution. Duly adopted this 20th day of March, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Strough NOES None ABSENT: None SWEARING IN CEREMONY FOR COUNCILMAN TIM BREWER BY SUPERVISOR STROUGH Councilman Tim Brewer signed Oath of Office before Town Clerk and Notary Caroline Barber. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR BOARD OF HEALTH RESOLUTION NO.: 77, 2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session and moves into the Queensbury Board of Health. Duly adopted this 201h day of March, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES: None ABSENT: None CONTINUED PUBLIC HEARING (02-27-2017) Sewage Disposal Variance Application of Bernard & Candace Gansle SUPERVISOR STROUGH-This has been before us before and some of us did a site visit and we see the constraints of the site so we asked the applicant who was requesting three (3) new one thousand five hundred (1,500) gallon holding tanks for a total of four thousand five hundred (4,500) gallon capacity and needed four variances for those holding tanks to reduce the number to two (2) holding tanks of fifteen hundred (1500) each capacity with a total capacity of three thousand (3,000) gallons. Now the first variance went away because you removed that tank and REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 3 the first variance that went away was forty-seven (47) feet from Glen Lake in lieu of the fifty (50) foot setback. Now the other variances, it's kind of confusing because there's, it appears that you're leaving those last two (2) tanks out of the three (3)tanks right in the same position. The tank that was closest to the lake got eliminated. So we didn't need that closeness to the lake variance. All the other variances are the same though, right. So originally, it was five (5) feet from the side property line in lieu of the ten (10) foot setback. Is that still the case? LUCAS DOBIE, P.E.-Yes, thank you Mr. Supervisor. For the record, Lucas Dobie with Hutchins Engineering. As Mr. Supervisor said, we reduced the third tank which was closest to the lake and kept the same geometry for the two (2) that are proposed now. So we are asking for our sideline setback, the same amount of relief as before, five (5) feet of relief and the house setback, we're asking for seven (7) feet of relief, the same as before and then the southerly neighboring well, the same forty-two (42) foot of separation. SUPERVISOR STROUGH-Okay so there were some errors in the variances being requested and I recognized that, I think it was just typos. So we are asking for three (3) variances here and that needs to be clarified in the resolution on page two (2). One, (1), five (5) feet from the side property line in lieu of the required ten (10) foot is accurate. Three (3) foot, not the seven (7) foot its saying. It's asking for seven (7) foot of relief. Three (3) foot from the dwelling in lieu of the required ten (10) foot setback. Okay, Michael, are you with me? TOWN COUNSEL MICHALE CROWE-I got you. SUPERVISOR STROUGH-And the last one is the, the eight (8) foot is the relief they're seeking but the resolution should read forty-two (42) feet from the neighboring well in lieu of the required fifty (50) foot setback. Those are the three (3)variances that the applicants asking for. So Lucas is there anything in addition that you would like to say at this time in addition to what I have said? MR. DOBIE, P.E.-Just, maybe it's a procedural, if there's a possible fourth variance for the installation itself. I don't know if that's, is that a separate item that needs to be in the record? I am not sure. SUPERVISOR STROUGH-For the holding tanks themselves? MR. DOBIE, P.E.-Correct. SUPERVISOR STROUGH-No, I don't think so. This resolution approving the holding tanks, if that's what happens tonight, will be fine. COUNCILMAN IRISH-You mean in lieu of a conventional system? MR. DOBIE, P.E.-Correct. SUPERVISOR STROUGH-Town Board questions at this time, before I open this to the public? Alright, Lucas let me see before you sit down if there's any interest on behalf of the public to speak to this application. There is. Lucas if you will have a seat for a minute and I will ask you to come back to respond to any questions being asked, thank you. Yes sir. MR. RAYMOND O'BRIEN-How many years do these tanks last? SUPERVISOR STROUGH-As long as any of the tanks, they are made out of concrete. MR. O'BRIEN-Oh okay. Above ground, yea? SUPERVISOR STROUGH-No, these are in ground. MR. O'BRIEN-Oh, okay. So there's three (3) wells? SUPERVISOR STROUGH-Two (2) tanks. MR. O'BRIEN-Okay and before there were three (3)? SUPERVISOR STROUGH-Well they requested three (3). We asked that since they don't need three (3) and we're worried about, a little bit concerned about expansion in that area given how dense it is, given the limited parking that's already there, that we're going to discourage any expansion and we're going to require two (2)holding tanks which will serve their current needs. REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 4 MR. O'BRIEN-That's the normal system then, they have one (1) tank it overflows to the second tank. SUPERVISOR STROUGH-Yes, and there's electronic alarms on them and when they get to a certain height, it will shut the water off in the house. MR. O'BRIEN-Is there some construction there that they have to change the ones that were there? SUPERVISOR STROUGH-Well the ones that are there are questionable. The holding tanks, the advantage, we know where the stuff is and we know where it's not going. So they're putting in a holding tank which environmentally we look at as a pretty safe thing to do. It's good for the lake. MR. O'BRIEN-I guess so but could seep into the lake. SUPERVISOR STROUGH-No, no, these are the safest way to go other than having a municipal system. MR. O'BRIEN-Is there a follow up on this? Are they sealed tanks? COUNCILMAN IRISH-Well they pump them out when they get to a certain level, it doesn't go into the ground. MR. O'BRIEN-It's a sealed tank? SUPERVISOR STROUGH-They have alarms on the inside of the house. Yellow says that it's getting to near capacity. MR. O'BRIEN-Okay, it's designed for being near the lake. SUPERVISOR STROUGH-Yes, and when it gets to a certain capacity, it shuts down the water system in the house. MR. O'BRIEN-It's designed for being near a lake, that kind of system. SUPERVISOR STROUGH-Yes sir. MR. O'BRIEN-Okay, that's all I wanted to know. SUPERVISOR STROUGH-That's fine. Thank you sir. Anybody else like to speak to this application? Okay, Lucas, would you return? Did I explain everything okay to Mr. O'Brien? MR. DOBIE, P.E.-Very well,just that our proposal is for polypropylene tanks, not concrete due to the terrain. SUPERVISOR STROUGH-Okay, polypropylene tanks but they are still long lasting and enduring. MR. DOBIE, P.E.-They are and they're about triple the price of concrete too so they are paying for a nice quality tank. SUPERVISOR STROUGH-And they will be in the ground? MR. DOBIE, P.E.-They are in the ground. All you see is the access risers. SUPERVISOR STROUGH-Okay. Any further questions from the Town Board? Hearing none, is there a motion to approve? I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR BERNARD AND CANDACE GANSLE RESOLUTION NO.: BOH 7,2017 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 5 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Bernard and Candace Gansle (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 replace their existing 300 gallon holding tank with three (3) new 1,500 gallon holding tanks for a total of 4,500 gallons of capacity, and WHEREAS, the Applicants also applied for additional variances from Chapter 136 to allow placement of such holding tanks: 1. 47' from Glen Lake in lieu of the required 50' setback; 2. 5' from the side property line in lieu of the required 10' setback; 3. 3' from the dwelling in lieu of the required 10' setback; and 4. 42' from the neighboring well in lieu of the required 50' setback; on property located at 5 Glen Hall Drive 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 requests on Monday, February 27th, 2017, and WHEREAS, the Town Clerk's Office advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, at the public hearing on February 27th, the Local Board of Health agreed to consider the formal approval of the variance requests provided that the Applicant remove their request for one (1) of the three (3) requested holding tanks, and WHEREAS, the Local Board of Health agreed to leave the public hearing open so that it may review new plans providing for the elimination of one (1) such holding tank, and WHEREAS, the Applicants have accordingly provided an amended application providing for the elimination of one (1) of the holding tanks, with placement of the two (2) remaining proposed holding tanks to be located: 1. 5' from the side property line in lieu of the required 10' setback; 2. 3' from the dwelling in lieu of the required 10' setback; and 3. 42' from the neighboring well in lieu of the required 50' setback; NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 6 RESOLVED, that the Town of Queensbury Local Board of Health hereby acknowledges Bernard and Candace Gansle's (Applicants) amended application as presented at this meeting and that: 1. due to the nature of the variances, it is felt that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances 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 Bernard and Candace Gansle for variances from the Sewage Disposal Ordinance to allow installation of two (2) new 1,500 gallon holding tanks for a total of 3,000 gallons of capacity with placement of such system to be located: 1. 5' from the side property line in lieu of the required 10' setback; 2. 3' from the dwelling in lieu of the required 10' setback; and 3. 42' from the neighboring well in lieu of the required 50' setback; on property located at 5 Glen Hall Drive in the Town of Queensbury, bearing Tax Map No.: 289.11- 1-28. Duly adopted this 20th day of March, 2017, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DENNIS MACELROY RESOLUTION NO.: BOH 8,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 7 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, Dennis MacElroy, et al, have applied to the Local Board of Health for a variance from Chapter 136 to replace their existing wastewater system, with the absorption field of the new system to be located: 1. 80' from the wetland in lieu of the 100' setback required; and 2. 5' from the property line in lieu of the 10' setback required; on property located at 103 Knox Road, Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday, April 3rd, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dennis MacElroy, et al's sewage disposal variance application concerning property located at 103 Knox Road, Queensbury(Tax Map No.: 239.7-1-17) 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 20th day of March, 2017, by the following vote: AYES Mr. Irish, Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF 140 CAREY ROAD, LLC RESOLUTION NO.: BOH 9,2017 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 8 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, 140 Carey Road, LLC (Applicant)has applied to the Local Board of Health for a variance from Chapter 136, §136-11(A), which requires applicants to obtain a variance for holding tanks, as the Applicant wishes to install a temporary 3,000 gallon sanitary sewer holding tank for the Mohawk Industrial Werks Development Project at 140 Carey Road, Lot 14 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, April 3rd, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider 140 Carey Road, LLC's sewage disposal variance application concerning property located at 140 Carey Road, Lot 14 in the Town of Queensbury (Tax Map No.: 309.13-2-31.111) 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 March, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO.: BOH 10,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 20th day of March, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 9 AYES: Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT: None SUPERVISOR STROUGH reviewed proposed resolutions. 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS No one spoke. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF $1,750 DONATION FROM NORTHERN UNITED SOCCER CLUB FOR PURCHASE OF NEW SOCCER GOALS AT RIDGE-JENKINSVILLE PARK RESOLUTION NO.: 78,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Northern United Soccer Club has offered to donate $1,750 to the Town of Queensbury Parks and Recreation Department towards the purchase of new soccer goals at the Ridge-Jenkinsville Park, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents, and therefore wishes to approve and authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of $1,750 from the Northern United Soccer Club towards the Town Parks and Recreation Department's purchase of new soccer goals at the Ridge-Jenkinsville Park, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase the Recreation Programs Expense Account No.: 001-7110-4824 by $1,750 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by $1,750, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 10 RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and Recreation to send a certified copy of this Resolution to the Northern United Soccer Club with a letter from the Town thanking the Club for its generosity. Duly adopted this 20th day of March, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None RESOLUTION REAPPOINTING RONALD KUHL AS MEMBER OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 79,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury previously established the Town's Zoning Board of Appeals in accordance with applicable New York State law, and WHEREAS, Ronald Kuhl's term on the Zoning Board of Appeals expired as of December 31St, 2016 and Mr. Kuhl has expressed his wish for reappointment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Ronald Kuhl to serve as a member of the Queensbury Zoning Board of Appeals until his term expires on December 31, 2023. Duly adopted this 20th day of March, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None RESOLUTION TO AMEND 2017 BUDGET RESOLUTION NO.: 80,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 11 SECONDED BY: Mr. Brian Clements WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2017 Town Budget as follows: From To Code Appropriation Code Appropriation $ 002-8810-2001- 002-8810-4400 Misc. Contractual 8811 Equipment 45 040-8320-4300 Electricity 40-8310-2010 Office Equipment 6,000 Duly adopted this 20th day of March, 2017 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT : None RESOLUTION AUTHORIZING HIRING OF MICHAEL DUELL AS SEASONAL EMPLOYEE TO WORK FOR DEPARTMENT OF PARKS AND RECREATION RESOLUTION NO.: 81,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Department of Parks and Recreation has requested Town Board authorization to hire Michael Duell to work as a Facility Laborer for the Department on a seasonal basis, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Michael Duell is the son of Deputy Highway Superintendent, David Duell, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 12 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Michael Duell to work for the Town's Department of Parks and Recreation on a seasonal basis effective on or about April 4th, 2017, to be paid at the appropriate hourly wage approved for seasonal recreation positions and subject to the Town successfully completing background checks as reasonably may be necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Parks and Recreation 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 March, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JODY HERMANCE AS FULL-TIME LABORER FOR PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 82,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Director of Parks and Recreation has advised the Queensbury Town Board that there is currently a vacancy in a full-time Laborer position in the Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Director of Parks and Recreation and Town Recreation Commission posted availability for the position, reviewed resumes, interviewed candidates and have recommended that the Town Board authorize the hiring of Jody Hermance as the full-time Laborer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jody Hermance as a full-time Laborer in the Town's Parks and Recreation Department effective on REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 13 or about March 21St, 2017 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 screening, and subject to Mr. Hermance's successful completion of a 26 week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Hermance shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation 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 March, 2017 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING ONE (1) YEAR RENEWAL OF ANIMAL CONTROL SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. (SPCA) RESOLUTION NO.: 83,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Warren County Society for the Prevention of Cruelty to Animals, Inc., (SPCA) is a not-for-profit corporation duly incorporated under the Laws of New York State, and WHEREAS, the Town of Queensbury needs animal control services including enforcement as set forth under New York State Agriculture and Markets Law Article 7 and the Queensbury Town Code, and REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 14 WHEREAS, the Town and SPCA believe that the Town's contracting with the SPCA for the provision of animal control services improves the level and quality of service to Town residents and increases animal control coverage, and WHEREAS, the Town and SPCA negotiated terms for an Animal Control Services Agreement for such services and by Resolution No.: 125,2016, the Town Board authorized an Animal Control Services Agreement between the Town and SPCA for a one year period or from April 1, 2016 through March 31, 2017, with the option of renewing such Agreement in one (1) year terms, and WHEREAS, the Town Board wishes to renew such Agreement for a period of one (1) year or from April 1, 2017 through March 31, 2018 as set forth in the originally authorized Agreement, a copy of which is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one (1) year renewal of the Animal Control Services Agreement previously authorized by Town Board Resolution No.: 125,2016, from April 1, 2017 through March 31, 2018, between the Town of Queensbury and the Warren County Society for the Prevention of Cruelty to Animals, Inc., (SPCA), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to forward a certified copy of this Resolution to the SPCA and 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 March, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH WARREN COUNTY CONCERNING SCHEDULING AND USE OF VACUUM EXCAVATOR RESOLUTION NO.: 84,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 15 SECONDED BY: Mr. Brian Clements WHEREAS, Warren County and the Warren County Soil & Water Conservation District (District) have entered into an agreement whereby the County has agreed to procure and purchase a vacuum excavator for use by the District, and the District would then reimburse the County for such purchase via grant funds received from the New York State Department of Environmental Conservation(DEC)under Agreement C305197, and WHEREAS, Warren County and the District wish to extend to municipalities within the County the opportunity to use the vacuum in order to maintain stormwater structures within each municipality, so long as each municipality abides by the terms and conditions between the District and DEC provided under such Agreement C305197, including the matching requirement which includes personnel and equipment time, and WHEREAS, the Town of Queensbury Highway Superintendent supports the use of such vacuum for Stormwater maintenance purposes, and WHEREAS, the Queensbury Town Board feels that the Town's use of such vacuum will benefit Town residents and therefore wishes to authorize an Intermunicipal Agreement concerning the scheduling and use of such vacuum, and WHEREAS, an Intermunicipal Agreement with Warren County concerning the scheduling and use of such vacuum has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Intermunicipal Agreement by and Among the County of Warren and the Town of Queensbury concerning the scheduling and use of a vacuum excavator for Stormwater maintenance purposes in substantially the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Intermunicipal Agreement in substantially the form presented at this meeting and the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 16 AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None TOWN COUNSEL CROWE led the Town Board through Part II of the Short Environmental Assessment Form, Impact Assessment: PART 2 —IMPACT ASSESSMENT 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? NO 2. Will the proposed action result in a change in the use or intensity of use of land? NO 3. Will the proposed action impair the character or quality of the existing community? NO 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? NO 5. Will the proposed actin result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? NO 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? NO 7. Will the proposed action impact existing: a. public/private water supplies? NO (or small impact may occur) b. public/private wastewater treatment utilities? NO 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? NO 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? NO 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? NO 11. Will the proposed action create a hazard to environmental resources or human health? NO The Town Board determined, based on the information and analysis above, and any supporting documentation that the proposed action will not result in any significant adverse environmental impacts. RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR 2017 LAKE MANAGEMENT AND AQUATIC VEGETATION INSTALLATION CONTRACTS IN CONNECTION WITH GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 85,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 17 SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 288, 2016, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 99, 2016, the Town Board authorized engagement of Solitude Lake Management (formerly known as Allied Biological) for the Aquatic Vegetation Management Program for Glen Lake in 2016, which Program provided for Solitude Lake Management's herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Solitude Lake Management for an Aquatic Vegetation Lake Management program for Glen Lake for the amount of $29,856, plus an additional amount of $5,638 for Lake Aquatic Weed Control, in accordance with Solitude Lake Management's January 1, 2017 through December 31, 2017 Contract presented at this meeting, and WHEREAS, the Town Board also wishes to engage the services of Solitude Lake Management for an Aquatic Vegetation Installation program for Glen Lake for the amount of $4,280 in accordance with Solitude Lake Management's January 1, 2017 through December 31, 2017 Contract presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Town Board reviewed SEQRA and determines that there shall be a Negative Declaration, and REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 18 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake Management for an Aquatic Vegetation Lake Management program for Glen Lake for the amount of $29,856, plus an additional amount of $5,638 for Lake Aquatic Weed Control, in accordance with Solitude Lake Management's January 1, 2017 through December 31, 2017 Contract substantially in the form presented at this meeting and for an Aquatic Vegetation Installation program for Glen Lake for the amount of$4,280 in accordance with Solitude Lake Management's January 1, 2017 through December 31, 2017 Contract substantially in the form presented at this meeting, contingent upon the Town's receipt of a proper certificate of insurance in form acceptable to the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051- 8790-4400 not to exceed $39,774 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Contracts and/or any other needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of March, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF MARCH 211T, 2017 RESOLUTION NO.: 86,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of March 16th, and a payment date of March 21St, 2017, REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 19 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 16th, 2017 and a payment date of March 21St, 2017 totaling $553,098.83, 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 March, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES None ABSENT : None 4.0 CORRESPONDENCE —NONE 5.0 PRIVILEGE OF THE FLOOR MR. O'BRIEN referred to the Aquatic Vegetation Lake Management program for Glen Lake and questioned the effects on individuals who water their lawn from the lake. MR. PAUL DERBY, resident and President of Glen Lake Protective Association noted that all residents of Glen Lake will receive notification of process and the restrictions involved at the time of the program including irrigation restrictions. MR. GEORGE WINTERS, 4 John Clendon Road noted that the maintenance of the roads through the last snow storm was great and questioned whether the highway department put something different on the roadways. SUPERVISOR STROUGH noted that they have not started the new system yet but the highway department worked very hard to keep up with the storm. HAL BAIN, Ward One noted that a resident contacted him regarding concern over vacant property located across from Bean's Country Store. COUNCILMAN METIVIER noted that someone is working on the property, doors and windows have been installed and siding fixed. Agreed it has been an eyesore for some time. 6.0 TOWN BOARD DISCUSSIONS WARD IV—COUNCILMAN BREWER • Thank you for your support and trust in me. WARD III—COUNCILMAN IRISH REGULAR TOWN BOARD MEETING, 03-20-2017,MTG 98 20 • Thanked South Queensbury Fire Company, attended their banquet which was very enjoyable. I'd like to congratulate the local sports teams that have done so well, unfortunately Lake George fell a little short in the State finals but I think we've seen some phenomenal sports from local high school kids around here and we're fortunate to have those kids in our community. WARD II—NOTHING TO REPORT WARD I—NOTHING TO REPORT SUPERVISOR STROUGH • Gave a brief report to the Board and community on projects/activities going on within the Town as well as meetings and functions he attended recently. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 87, 2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 201h day of March, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY