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2017-04-03 MTG#10 REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 126 REGULAR TOWN BOARD MEETING MTG#10 APRIL 3, 2017 RES#89-103 7:00 P.M. B.H. 11-14 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN TIM BREWER TOWN COUNSEL KARA LAIS, ESQ. TOWN OFFICIALS DIRECTOR OF PARKS & RECREATION, STEVE LOVERING PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN DOUG IRISH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 89, 2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and moves into the Queensbury Board of Health. Duly adopted this 3rd day of April, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DENNIS MACELROY, ET AL PUBLICATION DATE: MARCH 24, 2017 SUPERVISOR STROUGH-Is there anything that you would like to add Mr. MacElroy? DENNIS MACELROY-I just want to note that I am usually here representing applicants, other property owners. This happens to be for my own family. This is family property that we have had for sixty years. I thought it was appropriate at this point to plan for the future to have a replacement system ready to go when we feel like we should be doing that. This application requires a variance for a setback to the wetlands. We are trying to keep it as far from that wetland area. We are...against the northerly property line the neighbor to the north. Instead of ten feet we are down to five feet. SUPERVISOR STROUGH-Actually the bed is a hundred and thirty feet from the lake. MR. MACELROY-Correct. SUPERVISOR STROUGH-You are putting in the Fusion 800. REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 127 MR. MACELROY-I would like to say that we are planning for an enhanced treatment unit, which the Fusion is. I am giving that as an example what we would use. The area of variance is really the dispersal field so that is not dependent on specific type of enhanced treatment. If we had it stated generically at least that it was an enhanced treatment it really doesn't have a bearing on the variance. The variances issues are the field itself. SUPERVISOR STROUGH-The Fusion 800, I know its capabilities. It's going to send a project out to that field that is relatively clean in comparison to your septic tank. Are you going to keep your septic tank as well and use you that as a primary. MR. MACELROY-It is interesting that you said that. You and I may have heard the same thing last Thursday. I asked that question in a conference that we were at together the Septic Summit. The manufacturer's rep he suggested that no you shouldn't use your existing tank as a pretreatment unit prior to going into the Clarus Fusion Tank. COUNCILMAN BREWER-Why is that? MR. MACELROY-Because of the dynamics of what occurs within that Clarus tank the treatment all that treatment takes place within that. If you take out that solids component, I guess my impression of that is perhaps you might upset the balance of what on. COUNCILMAN BREWER-So in essence you are going to take this tank out of here? My question was going to be are there lines. It says existing fifteen hundred gallon tank to remain. Were there fields off of that tank? MR. MACELROY-Yes. COUNCILMAN BREWER-They are not marked on here. I didn't know where they went or where they were. Not that it is really important because you are not going to put them in the same place I don't presume. MR. MACELROY-Correct. COUNCILMAN BREWER-Will you be using that tank or not? MR. MACELROY-Depending on what enhanced treatment. COUNCILMAN BREWER-Okay. You just want the option to be able to use it. MR. MACELROY-Correct. SUPERVISOR STROUGH-The Fusion 800, which is sized and can treat what eight hundred gallons per day. MR. MACERLOY-Correct. SUPERVISOR STROUGH-It is three treatments. It is aerobic. It is anaerobic. Your traditional sludge settlement. Then there is a recycling nature to it. MR. MACELROY-Correct. SUPERVISOR STROUGH-Before it exists out to the field. MR. MACELROY-Correct. SUPERVISOR STROUGH-It is a pretty impressive pretreatment system. Any other questions for the applicant before I open up to a public hearing from the Town Board? Any members of the public wish to speak to this? PUBLIC HEARING OPENED REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 128 SUPERVISOR STROUGH-I would like to say at this point we did receive a letter from your neighbor who approves the system. Read letter into the record. Hello, Mr. Strough I need to express my support for Mr. Dennis MacElroy's wastewater relief request. I looked over his plans, we talked about them. I am no specialist in these issues but suspect he is right anyway that moving the system closer to my property than required by the rules five feet instead of ten feet from my property line is going to work ok. We do have a general problem of overbuilding around the lower portion of Lake George and the load this causes promoting lake deterioration. Both Mr. MacElroy's and my wastewater system, which he designed, are excellent, and will minimize any possible lake damage. Regards, Rolf Ahlers SUPERVISOR STROUGH-That is the one we are looking at giving you variance for and he is okay with it. MR. MACELROY-Right. SUPERVISOR STROUGH-Again, anybody from the public wish to speak to this application? Seeing none any further questions from the Board? COUNCILMAN BREWER-I do. Dennis what are the red and the blue lines? Are they just airlines that supply the system? How does it work actually? MR. MACELROY-On the Clarus Unit itself? There is a blower that sends air to certain... COUNCILMAN BREWER-So it aerates it? MR. MACELROY-Correct. And there is air pump, which helps facilitate the flow. SUPERVISOR STROUGH-It is a dosing system, right? Am I getting this mixed up with another one? MR. MACELROY-In addition with the pump tank that we would specify that creates the dosing scenario out to the field. SUPERVISOR STROUGH-It looks like everything is done right. Seeing no more questions on behalf of the public or the Board, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING DENNIS MACELROY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 11,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, Dennis MacElroy, et al filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, 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; REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 129 on property located at 103 Knox Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, April 3rd, 2017, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Dennis MacElroy, et al for variances from the Sewage Disposal Ordinance 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 and bearing Tax Map No.: 239.7-1-17, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 130 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 3rd day of April, 2017, by the following vote: AYES Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough, Mr. Metivier NOES None ABSENT: None PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF 140 CAREY ROAD,LLC PUBLICATION DATE: MARCH 24,2017 AGENT DAN RYAN, VISION ENGINEERING SUPERVISOR STROUGH-Would you introduce for the sake of the public and maybe add anything more than I have already said, if you wish. DAN RYAN, VISION ENGINEERING-This is an industrial park development on Carey Road that is being developed a six acre parcel for Mohawk Industrial Werks. They sell and service snow grooming machines and equipment for ski facilities. Part of that is a sales component, service component, and maintenance garage. They will also house parts and other needs basically maintain the equipment. A fair amount of regulations do require that we not create what we call an injection well, which is a subsurface absorption system that might have potential for contamination. Highway garages are notorious for that problem so they do prohibit underground or subsurface of those discharges. What we are proposing is a dual system initially. The sales and office area would be a standard absorption system designed to meet that demand. The industrial waste from the maintenance garage would go to the holding tank. Sized it for perpetuity, but obviously in hopes that the sewer district gets formed and we discharge to that once that is developed. Ultimately the assumption that the sewer district is formed we would convert the entire onsite sewage to the sewer. That holding tank would ultimately be converted to a pump station. Like I said, it is designed for full capacity of what the industrial waste demand would be. It could utilize as long as we need. Obviously we are hoping that it does not have to happen for a long period of time. SUPERVISOR STROUGH-Does anybody have any questions for the applicant? COUNCILMAN BREWER-Your day to day use how long is it going to take to fill that tank? Would you have to have it pumped once a month, a week? MR. RYAN-We are probably talking about once every ten days ideally. That would be during peak flow probably in the summer time when they do most of their maintenance. Winter time it would probably go over a month. COUNCILMAN BREWER-When you build them you are not creating a lot. You are not using a lot of water? MR. RYAN-It is maintaining them. In order to do some of the maintenance they have to wash the equipment so that is the predominate source is the washing. COUNCILMAN BREWER-Couldn't you add like a recycle system like the car washes do or is that just not cost effective? MR. RYAN-I think the cost effectiveness and alterative scenario's with anticipation of sewer obviously being the key component to this one. REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 131 SUPERVISOR STROUGH-Are there any members of the public that wish to speak to this application? I see none. Any further questions, I hear none. I will close the public hearing. PUB LIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE APPLICATION OF 140 CAREY ROAD, LLC RESOLUTION NO.: BOH 12,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, 140 Carey Road, LLC (Applicant) filed an application for a variance from Town of Queensbury On-Site Sewage Disposal Ordinance, 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, 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, April 3rd, 2017, 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of 140 Carey Road, LLC for a variance from the Sewage Disposal Ordinance to allow installation of a temporary 3,000 gallon sanitary sewer holding tank for the Mohawk Industrial Werks Development Project at 140 Carey Road in the Town of Queensbury, bearing Tax Map No.: 309.13-2-31.111. REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 132 Duly adopted this 3rd day of April, 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 CAROL BODETTE RESOLUTION NO.: BOH 13,2017 INTRODUCED BY: Mr. Brian Clements WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Carol Bodette (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be 4.6' from the north property line instead of the required 10' setback; and 2. Absorption field to be 6.7' from the east property line instead of the required 10' setback; 3. Force main to be 4.9' from the property line instead of the required 10' setback; 4. Distribution box to be 5.1' from the property line instead of the required 10' setback; and WHEREAS, the Applicant has also applied for a variance from Chapter 136, Section 136- 8(B), which sets forth that no component of a leaching facility shall be located under driveways, roads, parking areas or areas subject to heavy loading, and the Applicant has requested approval for a portion of the absorption field to be installed beneath the driveway on property located at 10 Hemlock 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 17th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 133 Road, Queensbury, to consider Carol Bodette's sewage disposal variance application concerning property located at 10 Hemlock Road, Queensbury(Tax Map No.: 289.10-1-32) 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 3rd day of April, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 14,2017 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Queensbury Board of Health hereby adjourns from Regular Session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 3rd day of April, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer NOES: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT—3 MINUTES) RON BALL, QUEENSBURY-Spoke to the Board regarding Resolution Authorizing Settlement of Pending Article 7 Real Property Assessment Case Commenced by Angio Dynamics, Inc. and Resolution Authorizing Engagement of Miller, Mannix, Schachner & Hafner to Provide Legal Services Regarding Planning Board's Review of Hilliard, Tyer, Lyon & Cerny's Application Nos: SP 17-2017 & SUP 3-2017. RACHEL SEEBER, QUEENSBURY-Spoketo the Board regarding Resolution Authorizing Support of Student Connection Office in Lake George Village and Appointing Councilman Brian Clements to Its Board of Directors. HAL BAIN, WARD ONE, QUEENSBURY-Spoke to the Board regarding Resolution Authorizing Support of Student Connection Office in Lake George Village and Appointing Councilman Brian Clements to Its Board of Directors. 3.0 RESOLUTIONS REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 134 RESOLUTION ACCEPTING RETIREMENT OF ASSISTANT TO ASSESSOR MARK COLLYER AND AUTHORIZING MR. COLLYER'S APPOINTMENT AS PART-TIME EMPLOYEE RESOLUTION NO.: 90,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 35,2001, the Queensbury Town Board appointed Mark Collyer to the full-time position of Assistant to the Assessor and for over 16 years, Mr. Collyer has worked for the Town in a professional and exemplary manner, and WHEREAS, Mr. Collyer has submitted his resignation effective May 26th, 2017, and WHEREAS, the Town Board wishes to acknowledge Mr. Collyer's dedicated years of service to the Town of Queensbury and accept his retirement, and WHEREAS, the Town Assessor has requested that upon Mr. Collyer's retirement, the Town Board hire Mr. Collyer in a part-time capacity, continuing many of his current duties, and WHEREAS, the Town Board wishes to approve Mr. Collyer's employment on a part-time basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts with regret the retirement of Mark Collyer as a full-time Assistant to the Assessor effective May 26th, 2017, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Mr. Collyer as a part-time Assistant to the Assessor effective on or about May 27th, 2017, and BE IT FURTHER, RESOLVED, that Mr. Collyer shall work no more than an average of 25 hours per week and shall accrue leave benefits (sick, vacation and personal days) on a pro-rated basis and will be covered under retiree status for his health insurance coverage and contribution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 135 RESOLVED, that Mr. Collyer shall be paid on an hourly basis at his current hourly rate of pay, and BE IT FURTHER, RESOLVED, that the Town Board abolishes one full-time position of Assistant to Assessor in the Assessor's Office, as previously held by Mr. Collyer, as it is no longer necessary, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Assessor and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASE COMMENCED BY ANGIODYNAMICS, INC. RESOLUTION NO.: 91, 2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, AngioDynamics, Inc., previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury for tax year 2016 concerning the assessment on its property located at 603 Queensbury Avenue in the Town of Queensbury (Tax Map No.: 297.8-1-10) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and WHEREAS, the Queensbury Union Free School District will be recommending approval of the proposed settlement, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 136 RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 case against the Town of Queensbury brought by AngioDynamics, Inc., for the 2016 tax year concerning the assessment on property located at 603 Queensbury Avenue in the Town of Queensbury (Tax Map No.: 297.8-1-10) whereby AngioDynamics, Inc., will withdraw its case against the Town of Queensbury for tax year 2016 and its respective demands for refunds, and BE IT FURTHER, RESOLVED, that assessments for the next four (4) tax years shall be set as follows: Tax Year Assessment 2017 $5,000,000 2018 $5,000,000 2019 $5,000,000 2020 $5,000,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION APPOINTING SUZANNE MONAHAN TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 92,2017 REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 137 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury previously established the Town of Queensbury Board of Assessment Review in accordance with applicable New York State law, and WHEREAS, a current Board of Assessment Review member recently resigned and therefore the Town Board wishes to appoint Suzanne Monahan to fill such vacancy until the unexpired term of office concludes on September 30th, 2019, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Suzanne Monahan to serve as a member of the Town of Queensbury Board of Assessment Review with her term to expire September 30th, 2019 in accordance with New York State Real Property Tax Law §523. Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION APPOINTING WILLIAM MASON TO BOARD OF ASSESSMENT REVIEW RESOLUTION NO. 93, 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 of Queensbury Board of Assessment Review in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Town's Board of Assessment Review and the Town Board therefore wishes to appoint William Mason to fill such vacancy, REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 138 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints William Mason to serve as a member of the Town of Queensbury Board of Assessment Review with his term to expire September 30th, 2022 in accordance with New York State Real Property Tax Law §523. Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR STATE POLICE BARRACKS REPAIRS RESOLUTION NO.: 94,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 341,2016, the Queensbury Town Board authorized reestablishment of the State Police Barracks Addition Capital Project Fund 4155 to provide for funding of certain repairs needed at the State Police Barracks located on Aviation Road in the Town of Queensbury including the purchase and installation of an emergency standby generator, new flooring and exterior renovations, and WHEREAS, the Town Board now wishes to authorize bids for such repairs, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid(s) to the lowest responsible bidder meeting New York State statutory requirements and requirements set forth in bid documents and specifications to be drafted by the Town Facilities Manager and/or Town Purchasing Agent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Purchasing Agent to publish an advertisement for bids for certain repairs needed at the State Police Barracks consistent with specifications to be prepared by the Town's Facilities Manager and/or Town Purchasing Agent, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 139 Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough 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.: 95,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board previously established Capital Reserve Funds 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 15th, 2017 and presented at this meeting, the Town's Recreation Commission requested funding approval for 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 Nos. 61 and 64 in the total estimated amount of$388,000 as follows: Capital Funding Source Park Location Proiect No. Proiect Cost Est. Capital Reserve No. Gurney Lane Rec Area 157 $135,000 64 Jenkinsville Park 138 $69,500 64 Hovey Pond Park 146 $63,000 64 Rush Pond Trail 166 $16,000 61 West End Park 169 $ 7,000 61 Meadowbrook Preserve 142 $25,000 61 Hudson Pointe Preserve 145 $25,000 64 Hudson River Park 107 $28,000 64 REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 140 Freedom Park 190 $19,500 64 TOTAL PROJECT $388,000 ESTIMATES 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 461 and 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the specific capital improvements and certain maintenance projects (Projects) as delineated in the preambles of this Resolution are expenditures for specific capital projects and certain maintenance projects for which the Reserve Accounts were established and therefore authorizes and expenditures in the total estimated amount of$388,000 ($48,000 from Reserve 461 and $340,000 from Reserve 464), as follows: Capital Funding Source Park Location Proiect No. Proiect Cost Est. Capital Reserve No. Gurney Lane Rec Area 157 $135,000 64 Jenkinsville Park 138 $69,500 64 Hovey Pond Park 146 $63,000 64 Rush Pond Trail 166 $16,000 61 West End Park 169 $ 7,000 61 Meadowbrook Preserve 142 $25,000 61 Hudson Pointe Preserve 145 $25,000 64 Hudson River Park 107 $28,000 64 Freedom Park 190 $19,500 64 TOTAL PROJECT $388,000 ESTIMATES as set forth in the February 15th, 2017 Memorandum presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes: REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 141 1. a transfer from Reserve No.: 61 in the amount of$48,000; and 2. a transfer from Reserve No.: 64 in the amount of$340,000; 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 further authorizes and directs the Town Board Officer to increase appropriations and estimated revenues, amend the Budget and take all actions as may be necessary to fund such Projects as authorized, 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 3rd day of April, 2017 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 96,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 142 WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager, to be sold as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept. Asset Kyocera Printer/Copier Cemetery B2411 Kyocera Printer/Copier Water 9000 Dell Computer IT 9067 16-Dell Monitors IT Various HP Small Deskjet Printer IT n/a Net Gear Ethernet Hub IT n/a 3-Switches (Linksy, Air Stat, Net Gear) IT Various Dell Computer IT 9057 Dell Computer IT DVPNL51 Dell Computer IT 2HGGLGI Lorex Security System w/5 cameras IT Various Zoom R24-Mixing Board Recorder IT n/a Coby Multi-Media Player IT n/a NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 143 RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Item Dept. Asset Kyocera Printer/Copier Cemetery B2411 Kyocera Printer/Copier Water 9000 Dell Computer IT 9067 16-Dell Monitors IT Various HP Small Deskjet Printer IT n/a Net Gear Ethernet Hub IT n/a 3-Switches (Linksy, Air Stat, Net Gear) IT Various Dell Computer IT 9057 Dell Computer IT DVPNL51 Dell Computer IT 2HGGLGI Lorex Security System w/5 cameras IT Various Zoom R24-Mixing Board Recorder IT n/a Coby Multi-Media Player IT n/a and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 144 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO. 97,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury wishes to enter into an Agreement with the Queensbury Land Conservancy for the purpose of helping to preserve open space in the Town of Queensbury, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and the Queensbury Land Conservancy for the year 2017 substantially in the form presented at this meeting with funding for the Agreement not exceeding the sum of $20,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF GREG BREAULT AND JEFF DUNBAR AS FULL-TIME MOTOR EQUIPMENT OPERATORS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 98,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 145 WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there are currently two (2) vacancies in full-time Motor Equipment Operator (MEO) positions in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the positions, reviewed resumes and has made hiring recommendations to the Town Board to hire Greg Breault and Jeff Dunbar, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Greg Breault and Jeff Dunbar as full-time Motor Equipment Operators (MEO) in the Town's Highway Department effective on or about April 4th, 2017 subject to Mr. Breault and Mr. Dunbar's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Messrs. Breault and Dunbar shall be paid at the hourly rate of pay for the MEO 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, Highway Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of April, 2017 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 146 ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF HP DESIGN JET SD PRO 44" POSTSCRIPT PRINTER FOR TOWN CLERK/TAX RECEIVER'S OFFICE RESOLUTION NO.: 99,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury's Town Clerk/Tax Receiver has requested Town Board approval to purchase an HP Design Jet SD Pro 44" Postscript Printer (Printer) to replace the current large format printer/scanner in the Town Clerk/Tax Receiver's Office as it is beyond repair and has been a tremendous asset to her office as it scans in commercial and building plans, Town Board packets and numerous FOIL requests, and WHEREAS, New York State Bidding is not required for such Printer as it is under New York State Contract No.: R160203, and WHEREAS, the Town Clerk/Tax Receiver received a quote for the Printer from National Business Equipment in the amount of $20,499, plus an additional $456 for ink cartridges, and therefore has recommended that the Town Board approve such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Clerk/Tax Receiver's purchase of an HP Design Jet SD Pro 44" Postscript Printer (Printer) to replace the Town's current printer/scanner in the Town Clerk's Office for an amount not to exceed $20,499 plus an additional $456 for ink cartridges, from National Business Equipment as delineated in the quote presented at this meeting and in accordance with New York State Contract No.: R160203, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget Officer to transfer $20,955 from Computer Software Account No.: 205- 1680-2032 to Computer Hardware Account No.: 205-1680-2031 and take all other actions necessary to effectuate the purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk/Tax Receiver, Town Budget Officer and/or Purchasing Agent to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of April, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 147 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING CONSENT TO NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BEING DESIGNATED AS LEAD AGENCY FOR SEQRA REVIEW OF PROPOSED REZONING APPLICATION OF THE FORT MILLER COMPANY,INC. RESOLUTION NO.: 100,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with the State Environmental Quality Review Act(SEQRA), the New York State Department of Environmental Conservation (DEC) has notified the Queensbury Town Board that DEC is seeking Lead Agency status for the purposes of fulfilling the SEQRA requirements relative to its review of the proposed rezoning application of The Fort Miller Company, Inc., concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury to permit sand and gravel extraction(the "Project") as set forth in DEC's April 20, 2015 email to the Town of Queensbury Planning Department presented at this meeting, and WHEREAS, DEC has requested that the Town Board consent to DEC being designated as Lead Agency, and the Town Board has concluded that DEC is the most involved agency and should be Lead Agency for the purposes of SEQRA review relating to the Project, and WHEREAS, the Town Board wishes to therefore provide such consent, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes, directs and consents to the New York State Department of Environmental Conservation as Lead Agency for SEQRA review relative to DEC's review of the proposed rezoning application of The Fort Miller Company, Inc., concerning a parcel of land identified as tax map parcel no.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury to permit sand and gravel extraction and authorizes and directs the Town Supervisor to execute any needed consent and/or other documentation and take any other necessary actions to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 148 Duly adopted this 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF APRIL 4TH,2017 RESOLUTION NO.: 101 ,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 30th, and a payment date of April 4th, 2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 30th, 2017 and a payment date of April 4th, 2017 totaling $560,834.69, 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 3rd day of April, 2017, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES None ABSENT : None RESOLUTION AUTHORIZING ENGAGEMENT OF MILLER,MANNIX, SCHACHNER& HAFNER,LLC TO PROVIDE LEGAL SERVICES REGARDING PLANNING BOARD'S REVIEW OF HILLIARD, TYER, LYON& CERNY'S APPLICATION NOS: SP 17-2017& SUP 3-2017 RESOLUTION NO.: 102,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 149 WHEREAS, the Queensbury Planning Board has requested special legal counsel concerning its review and consideration of Hilliard, Tyer, Lyon & Cerny's Site Plan and Special Use Permit Application(s)Nos: SP 17-2017 and SUP 3-2017, and WHEREAS, the Planning Board has accordingly recommended engagement of the legal services of Miller, Mannix, Schachner&Hafner, LLC, such services to be provided at the rate of up to $200 per hour, as set forth in the March 31", 2017 letter proposal presented at this meeting, and WHEREAS, the Town Board wishes to authorize such engagement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of the legal services of Miller, Mannix, Schachner & Hafner, LLC in connection with the Queensbury Planning Board's review and consideration of Hilliard, Tyer, Lyon & Cerny's Site Plan and Special Use Permit Application(s) Nos: SP 17-2017 and SUP 3-2017, such services to be provided at the rate of up to $200 per hour, as set forth in the March 31", 2017 letter proposal presented at this meeting for a period of up to five (5) hours, unless otherwise approved by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes that payment for these services shall be paid for from accounts to be determined by the Town's Budget Officer and the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget or take any actions necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Letter of Engagement and/or any other needed documentation and the Town Supervisor, Director of Planning, Zoning and Code Compliance and/or Town Budget Officer to take any other action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of April, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES: None ABSENT:None RESOLUTION APPOINTING JOHN MOSSING TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO. 103,2017 REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 150 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, a vacancy exists on the Recreation Commission, and WHEREAS, the Recreation Commission considered and interviewed candidates and recommends the appointment of John Mossing, and WHEREAS, the Town Board wishes to appoint John Mossing to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints John Mossing to the Town of Queensbury Recreation Commission with his term to expire on December 31", 2023. Duly adopted this 3rd day of April, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough NOES: None ABSENT:None 4.0 CORRESPONDENCE None 5.0 PRIVILEGE OF THE FLOOR(LIMIT 4 MINUTES) RON BALL, QUEENSBURY-Spoke to the Board regarding Town spending and taxes. RACHEL SEEBER, QUEENSBURY-Spoketo the Board regarding the process of notification for Town Board Workshop Meetings. Asked the Board what is the definition of a conflict of interest at the Town? DAVE STRAINER, QUEENSBURY-Questioned how much the average taxpayer pays for Town taxes in the Town of Queensbury? Spoke regarding Resolution Authorizing Engagement of Miller, Mannix, Schachner & Hafner to Provide Legal Services Regarding Planning Board's Review of REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 151 Hilliard, Tyler, Lyon & Cerny's Application Nos: SP 17-2017 & SUP 3- 2017, noted the Attorney that we have now should be paying for this outside Attorney. MIKE WILD, BLACKBERRY LANE-Spoke to the Board regarding the Siemens settlement noting he would like the opportunity to see the terms of the deal. 6.0 TOWN BOARD DISCUSSIONS WARD I- COUNCILMAN METIVIER • Spoke regarding comments made about Resolution Authorizing Support of Student Connection Office in Lake George noted he is very troubled by the comments made. WARD II—COUNCILMAN CLEMENTS • Thanked Candace Morabito for her many years of service on the Board of Assessment Review. WARD III—COUNCILMAN IRISH • Nothing to report. WARD IV—COUNCILMAN BREWER • Spoke regarding the lights on the Exit 18 corridor the bulbs have been replaced. SUPERVISOR STROUGH • Gave a brief report to the Board and community on projects and activities going on within the Town as well as meetings and functions he has attended. • Thanked Look TV and sponsor StoredTech for televising meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 104,2017 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting.. Duly adopted this 3rd day of April, 2017, by the following vote: AYES: Mr. Clements, Mr. Irish, Mr. Brewer, Mr. Strough, Mr. Metivier NOES: None ABSENT:None RESPECTFULL SUBMITTED, CAROLINE M. BARBER TOWN CLERK TOWN OF QUEENSBURY REGULAR TOWN BOARD MEETING, 04-03-2017,MTG 910 152 MINUTES PREPARED BY KAREN A. O'BRIEN, DEPUTY TOWN CLERK I