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2018-03-18 MTG #12 REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 737 REGULAR TOWN BOARD MEETING MTG# 12 MARCH 19, 2018 RES# 124-135 7:00 P.M. BH# 3 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS: CAROLINE H. BARBER, TOWN CLERK PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 124, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 19th day of March, 2018 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None SUPERVISOR STROUGH- Okay, Tom and Terri Kubricky have a lot labeled 89 Pilot Knob Road. They are requesting, it's an onsite disposal system and they're asking for four variances. It's a drywell, 94 feet from the existing well line instead of the required 150 foot setback. The septic tank is eight and a half feet from the westerly property line instead of the required 10 foot setback. Drywell is four foot from the westerly property line instead of the required seven foot setback; and continued use of the drywell which is six foot in diameter and four foot deep with an absorption area of 755 feet instead of the required 183 absorption area. That must be a typo. COUNCILMAN METIVIER- It's not, it's square feet verses 755 feet. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 738 SUPERVISOR STROUGH- Oh, okay. COUNCILMAN METIVIER- I questioned that as well. I thought it was a typo but it's not. It's square feet. SUPERVISOR STROUGH- Thank you Councilman Metivier. Okay, is there anyone, an agent to the applicant or the applicant that wants to speak to this? Yes, sir come on up. TOM KUBRICKY- Hi. SUPERVISOR STROUGH- Hi, how are you? MR. KUBRICKY- I bought this piece of property there at Pilot Knob Road and John O'Brien, Dave Hatin and Craig Brown have really been a big help doing all of this layout for me on this. So what I did is I went to them to get a permit to put a kitchen and a bathroom, to redo the kitchen and bathroom and it's a 330 square foot A-frame. I don't know if you folks have gone up there to see it? There's an existing 1000 gallon concrete tank and there's a six foot drywell up there. What Dave and Craig and John O'Brien asked me to do is expose it all and I did. They came up and the Town Engineer checked it out and we had a couple other engineers check it out. It's a working system and it's well sufficient for a 300 square foot building. The reason that it doesn't meet the setbacks is because the gentleman that I bought it from, the ... they owned like four acres in there and they subdivided it.They didn't subdivide it, they gave it to their kids. They gave each one of their...I think their two daughters and son each got a lot... and they sold the other ones. I'm asking for a variance from the Town Board so I can just use the existing system. SUPERVISOR STROUGH- Well on paper, Tom, it looks like a very uncomfortable situation. You've got a tenth of an acre and you've got one drywell. I don't know if it has stone around it or not? How long has that system been in place? MR. KUBRICKY- Since I think he told me since 1988 or 89. SUPERVISOR STROUGH- So... MR. KUBRICKY- It's got six feet of stone, it's a six foot drywell. It's got number three stone going around it about two and a half feet. It's setup to hold about 80-90 gallons a day. It's setup...it's only a studio that this is. COUNCILMAN METIVIER- What is the drywell supposed to be doing? what is its purpose? MR. KUBRICKY- The drywell? COUNCILMAN METIVIER- Yes. MR. KUBRICKY- Well, what it does is goes from your septic tank, you know your sewage goes into your septic tank and then it comes out. Back in the earlier days, it' used to...today all they use is what they call leech fields. COUNCILMAN METIVIER- Well, I know that. MR. KUBRICKY- That's what a drywell is. It's a six foot round...you know what I mean? It acts just like a leech field. It's a leeching system. That's what it is. SUPERVISOR STROUGH- Yes, and you're correct. But it's 30 years old. MR. KUBRICKY- Yeah, what is your concern that it don't work? SUPERVISOR STROUGH- Well, it may not have much life left to it. Have you ever considered just a holding tank, Tom? REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 739 MR. KUBRICKY- I didn't even know I needed anything. This is the first time I've ever bought a place where I needed to get a permit that I had to show a septic system on any of my properties. I never, ever had to do that, never. SUPERVISOR STROUGH- Right. Well, this is kind of unusual. MR. KUBRICKY- Well, I guess they passed a new law in Queensbury about being close to the Lake. You have to... you guys rezoned it. SUPERVISOR STROUGH- Well, we haven't passed any new laws but we do look at anything that, you know, is in the waterfront residential zone very carefully. MR. KUBRICKY- Yeah, it's a 1,000 feet from the Lake. I know it's waterfront but what are your thoughts on it? COUNCILMAN METIVIER- It might be 1,000 feet from the Lake but, my gosh, you have neighbors all over the place. I've got to tell you, I am so uncomfortable with this application. If you would consider a holding tank, that would be better. MR. KUBRICKY- Yeah, I mean, you guys are the... COUNCILMAN METIVIER- I mean, honestly, there is just something just terribly wrong with this picture. I actually went up there this afternoon and again the water running just... I mean you have waterfront property right in front of you because that stream is running right there. MR. KUBRICKY- That's not a stream. COUNCILMAN METIVIER- Well, it is right now. MR. KUBRICKY- Yeah, now it is, yeah. COUNCILMAN METIVIER- You know, so a really bad situation there. So unless... MR. KUBRICKY- I mean what would you guys like? Let me ask you that. COUNCILMAN METIVIER- A holding tank. MR. KUBRICKY- I'm open to do whatever you guys... SUPERVISOR STROUGH- Let me ask you something that would be a win win for all of us. Where is the parking area? MR. KUBRICKY- Well, what the parking is...the parking is, it's funny how that parcel goes because Warren County when they built that road. The road goes about six feet off the edge of the building. SUPERVISOR STROUGH- Yeah. MR. KUBRICKY- It's funny because all that parking lot is... If you guys would like a holding tank it's not a big deal. SUPERVISOR STROUGH- Well, it's just one of those things, you're right on the edge, Tom. We could have the Town Engineers review it or we could avoid all of that if you're willing to put a holding tank. I think, speaking for myself, and I'll let the others speak to it, I'd be really comfortable there. MR. KUBRICKY- Okay. SUPERVISOR STROUGH- And not only that if you've got an H-20 rating for the cap, you could use it for a parking area. MR. KUBRICKY- Well I could do whatever you guys want. SUPERVISOR STROUGH- Yeah. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 740 MR. KUBRICKY- You guys are the last stop. You guys are the ones that are going to say...if you guys want a holding tank, I'll do a holding tank. If you guys want me to have a septic tank, I'll have a septic tank. I'll do what you guys want. I want to do what's correct for the Town of Queensbury. SUPERVISOR STROUGH- Yeah, yeah. MR. KUBRICKY- I can throw a couple of holding tanks in there in half of a day. SUPERVISOR STROUGH- Now that's refreshing. MR. KUBRICKY- Yeah, I mean I didn't want to do that but... SUPERVISOR STROUGH- Alright, well let's see how the rest of the Board Members feel. MR. KUBRICKY-...I'll do holding tanks, I just was hoping that I wouldn't have to...you know because when I was talking to John, Dave and Craig... SUPERVISOR STROUGH- Yeah. MR. KUBRICKY- I was like, how do you feel on this? They were up front with me. They're a great group of guys. SUPERVISOR STROUGH- Yeah they are. MR. KUBRICKY- I don't want to have to come back. If you guys want holding tanks, I'd rather have you say okay hey let's put in 3-4,000 gallons of holding tanks or do what you like. You know what I'm saying? SUPERVISOR STROUGH- Yeah. MR. KUBRICKY- I don't want to put them in the parking lot. I'd like to... SUPERVISOR STROUGH- Whatever you want. MR. KUBRICKY- I've got a 500 gallon propane tank I put in. Did you guys see it, the cap, the green thing? COUNCILMAN METIVIER- I did not notice it. MR. KUBRICKY- Any of you see a green cover there? I can take and put right in there, I can put a bunch of holding tanks if that's what you guys prefer. SUPERVISOR STROUGH- Alright the options are, we can have a Town Engineer review this, you can approve it like it is or Tom is willing to go to a holding tank and we'll just ask Tom Jarrett to draw it up. MR. KUBRICKY- Yeah, if you guys approve...are you guys against the system that's there now or no? SUPERVISOR STROUGH- I've seen better, Tom. MR. KUBRICKY- Yeah, no, yeah, I've seen better too. What it is, it was there before I got there. SUPERVISOR STROUGH- With a holding tank, Tom, we know where it is and we know where it's not going. And given the small lot that you have, it's not going to affect your well or your neighbor's wells. MR. KUBRICKY- Yeah, if you want it, I'll do it. SUPERVISOR STROUGH- Okay. MR. KUBRICKY- Believe me, I'm easy. I didn't come here to...I want to do what you guys want. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 741 COUNCILWOMAN ATHERDEN- Even with the holding tank, there's still four variances required, is that correct? SUPERVISOR STROUGH- There might be, but a holding tank, it's there. It's not seeping out anywhere. MR. KUBRICKY- Right. SUPERVISOR STROUGH- And it might still need variances, yes. So you're working with Tom Jarrett? MR. KUBRICKY- Yes. SUPERVISOR STROUGH- Okay. MR. KUBRICKY- Craig and them guys have been helpful too. SUPERVISOR STROUGH- Yes. MR. KUBRICKY- I'd like not have to wait. COUNCILMAN METIVIER- So the drywell that's here in this Resolution is the drywell for the septic. It's not for stormwater or anything else? MR. KUBRICKY- No, it's for the septic. COUNCILMAN METIVIER- Alright. MR. KUBRICKY- You've got to remember this place was built back many years ago. COUNCILMAN METIVIER- Are you parking in the front area? MR. KUBRICKY- Yeah. COUNCILMAN METIVIER- Okay. Now, it's still County right of way or is... MR. KUBRICKY- It's County right of way, yeah. COUNCILMAN METIVIER- Yeah. Parking is tight. You know, if you can make it work, you are still off the road. I have no issues with that. SUPERVISOR STROUGH- Well see, you can't park over a drywell, but you could park over with... MR. KUBRICKY- We can park... we can park right out of front. We can park probably 20 cars. COUNCILMAN METIVIER- Oh, God no. Are you kidding me? MR. KUBRICKY- No, I'm saying I have the room to. Where I'm putting the holding tanks...I'll dig up the septic tank and the drywell and take them right out and throw the tanks in there if you don't want to approve what's there. COUNCILWOMAN ATHERDEN- With regards to the property law that we're working on... COUNCILMAN METIVIER- Yeah. SUPERVISOR STROUGH- Yeah. COUNCILWOMAN ATHERDEN- How does this... COUNCILMAN METIVIER- Well, this would fail, most likely. So we would have to do something and holding tanks are probably the only solution. Certainly not going to get a Presby System in there because... SUPERVISOR STROUGH- You've got a tenth of an acre. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 742 COUNCILMAN METIVIER- There's water everywhere. It would not work. I mean there's literally a stream walking running through there today. Granted, it was sunny so I get there is more water than maybe normal, but there's still a lot of water there so you have to think about that. MR. KUBRICKY-Yeah but that aint where the drywell is. COUNCILMAN METIVIER- I know but you have to think of seepage and you are heading all towards the Lake and you have all your neighbors below you, all of those red houses on one side. You know, once that stuff starts flowing it's going to go right into their water source. SUPERVISOR STROUGH- Thoughts on this side? COUNCILMAN FERONE- I would say that the five years I spent on the Planning Board when opportunities presented themselves like this, we always looked to see the septic and that be corrected. I mean if he is willing to put in a holding tank, I think that would be the best option for the property, considering what I read here. SUPERVISOR STROUGH- Yeah. COUNCILWOMAN SWITZER- The only thing I would want to make sure is that say to him go ahead do the holding tanks but what are the additional variances? I don't want him to go through the process of the holding tanks. COUNCILMAN FERONE- It's going to be based on where the tanks go is where the variances will come from. SUPERVISOR STROUGH- Usually neighbors are more comfortable with that. What usually... and there is a neighbor that's not real happy with this. Usually that is one of the indicators to me whether something's fitting or it's not fitting are the neighbors. We have one neighbor and they're just kind of opposed to approving this format. COUNCILWOMAN SWITZER- Right. SUPERVISOR STROUGH- I don't think that neighbor would have a problem with a holding tank but I don't want to speak for them but by the sound of it. Alright Tom what... COUNCILMAN FERONE- Supervisor. SUPERVISOR STROUH- Yes? COUNCILWOMAN SWITZER- Counsel has... COUNCILMAN FERONE- Counsel has... TOWN COUNSEL, MARK SCHACHNER- I think, what I understand is, especially in light of the last two comments, I just want to make sure it's clear that you're not considering approving the holding tank this evening. COUNCILMAN METIVIER- Correct. SUPERVISOR STROUGH- No, no, you're right. TOWN COUNSEL, SCHACHNER- I just wanted to make sure. COUNCILMAN METIVIER- I guess I need to stress too, we really need an engineered plan as opposed to just holding tank. SUPERVISOR STROUGH- Well, he's working with Tom Jarrett so. Tom let me see if there's any member of the public that wishes to speak to this. If there are, I'm going to ask you to sit down for a minute. MR. KUBRICKY- Okay, no problem. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 743 SUPERVISOR STROUGH- Is there any member of the public that would like to speak to this variance application this evening? JACK CELESTE- Absolutely. SUPERVISOR STROUGH- Okay, give me your name and address when you come up. MR. CELESTE- Jack Celeste, I live at 83 Pilot Knob and I just have some forms for the Board here to review. I definitely think we need to go through the variance process because there is evidence that he has relocated some of the boundary markers that were up on our property, which on page two there you'll see is a law that Governor Pataki put into place. It is...penalties for moving property... SUPERVISOR STROUGH- Yeah but that's... MR. CELESTE- So once he does...I understand that so my point is he needs to go through the variance with the proper stakes in the ground, not where he moves the stakes and then that holding tank fits in that spot. I would like to have my engineers review where that holding tank is going and all the setbacks from my property. SUPERVISOR STROUGH- Well, here's what's likely to happen. If Tom can get his engineer, which at this moment is Tom Jarrett Engineering, to draw up another plan with a holding tank and setbacks and what variances it might require our next meeting we'll set a public hearing. MR. CELESTE- Okay. SUPERVISOR STROUGH- Which will be the following meeting. So approximately a month from now we would be looking at approving or not this application. But, if the boundary lines are correct, and there's a holding tank being requested, how do you feel about that? MR. CELESTE- As long as the boundaries are correct. SUPERVISOR STROUGH- Okay. Anything else, Jack? MR. CELESTE- No, that's good. SUPERVISOR STROUGH- Okay, thank you. MR. CELESTE- Thank you. SUPERVISOR STORUGH- Anybody else from the public like to speak to this variance application? Seeing none, I'll leave the public hearing open as we go through this process, or should I close it for this because we're going to be dealing with another arrangement? TOWN COUNSEL, SCHACHNER- Well we're not sure that we're going to be dealing with another arrangement, it sounds likely...either you can leave the public hearing open pending to see whether you ... application or not or you can close the public hearing and not make the decision...or you can close the public hearing and make a decision. SUPERVISOR STROUGH- I'll leave the public hearing open and we'll see what the new application is and then I'll close the public hearing on this one and reopen that one. TOWN COUNSEL, SCHACHNER- That's okay. SUPERVISOR STROUGH- Okay, is the Board comfortable with that? COUNCILWOMAN ATHERDEN- Yes. COUNCILMAN FERONE- Yes. COUNCILMAN METIVIER- Yes. COUNCILWOMAN SWITZER- Yes. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 744 SUPERVISOR STROUGH- Okay, no action on this. Tom we'll see what you and your engineers come up with and you listened to Jack Celeste. He wants to make sure those property lines are where they're supposed to be. MR. KUBRICKY- The property was just surveyed two days ago. SUPERVISOR STROUGH- All right. MR. KUBRICKY- By Leon Steves. SUPERVISOR STROUGH- Oh well, you can't get much better than that. MR. KUBRICKY- No, you can't. SUPERVISOR STROUGH- Okay. MR. KUBRICKY- Okay, well thank you very much. SUPERVISOR STROUGH- Thank you, Tom. MR. KUBRICKY- When can I, if I get this to the Town tomorrow. SUPERVISOR STROUGH- If you get this to the Town in the next week or two weeks, we can...let's say give us a little time to get the Resolution together. We'll deal with, we'll set the public hearing at our next meeting for the following meeting. MR. KUBRICKY- Okay. SUPERVISOR STROUGH- So before the ground thaws out, hopefully you can get this system or just after it thaws. MR. KUBRICKY- Craig and you guys have like a minimum and a maximum you want? Is that something that Craig and Dave would do? SUPERVISOR STROUGH- Well they'll always be of help to you, Tom. MR. KUBRICKY- Okay. SUPERVISOR STROUGH- Okay. MR. KUBRICKY- Well thank you very much. SUPERVISOR STROUGH- Alright, thank you. Alright, that's it for the Board of Health hearing. "PUBLIC HEARING LEFT OPEN** RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 3, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 19th day of March, 2018, by the following vote: REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 745 AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MINUTES) RON BALL- Spoke regarding Resolution 3.1 entitled Resolution Rejecting Bid for Sale of Obsolete Backhoe and Authorizing its Sale with Auction Company GovDeals TRAVIS WHITEHEAD- Spoke to the Board regarding the following: • Resolution 3.1 entitled Resolution Rejecting Bid for Sale of Obsolete Backhoe and Authorizing its Sale with Auction Company GovDeals. • Resolution 3.10 entitled Resolution Authorizing Engagement of SPCA of Upstate New York, Inc. for Provision of Dog Control Services within the Town of Queensbury. • Resolution 3.5 entitled Resolution Authorizing Agreement Between Town of Queensbury and Economic Development Corporation- Warren County. JOHN SCHOFF- Spoke concerning Resolution 3.10 entitled Resolution Authorizing Engagement of SPCA of Upstate New York, Inc. for Provision of Dog Control Services within the Town of Queensbury. TOM ROSS- Resolution 3.5 entitled Resolution Authorizing Agreement Between Town of Queensbury and Economic Development Corporation- Warren County. BRENT MCDEVITT- Resolution 3.10 entitled Resolution Authorizing Engagement of SPCA of Upstate New York, Inc. for Provision of Dog Control Services within the Town of Queensbury. *After Town Board discussion, it was decided to pull the following Resolutions for separate roll call: Resolution 3.5 entitled Resolution Authorizing Agreement Between Town of Queensbury and Economic Development Corporation- Warren County, and Resolution Resolution 3.10 entitled Resolution Authorizing Engagement of SPCA of Upstate New York, Inc. for Provision of Dog Control Services within the Town of Queensbury. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION -WARREN COUNTY RESOLUTION NO.: 125, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 746 WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of$114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting 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 19th day of March, 2018 by the following vote: REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 747 AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None ABSTAIN: Mrs. Switzer RESOLUTION AUTHORIZING ENGAGEMENT OF SPCA OF UPSTATE NEW YORK, INC. FOR PROVISION OF DOG CONTROL SERVICES WITHIN THE TOWN OF QUEENSBURY RESOLUTION NO.: 126, 2018 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury needs dog control services including enforcement as set forth under New York State Agriculture and Markets Law Article 7 and the Queensbury Town Code, and WHEREAS, the Queensbury Town Board authorized the Town's Purchasing Agent to request proposals for the provision of such dog control services (Services), and WHEREAS, the Purchasing Agent received and reviewed two (2) proposals and duly submitted such proposals to the Town Board for review, and WHEREAS, the Town Board reviewed the two (2) received proposals and at a Town Board Workshop held on February 15th, 2018, interviewed the two (2) agencies who submitted such proposals, and at a Town Board Workshop held on March 14th, 2018 held an additional informational and discussion meeting with representatives from SPCA of Upstate New York, Inc., and WHERAS, after due deliberation, the Town Board wishes to authorize engagement of SPCA of Upstate New York, Inc., for such Services for the annual amount of$65,000 as delineated in SPCA of Upstate New York, Inc.'s proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of SPCA of Upstate New York, Inc., for dog control services (Services) for the Town of Queensbury for the REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 748 annual amount of$65,000 as set forth in SPCA of Upstate New York, Inc's proposal as presented at this meeting, such Services to be paid for from such account(s) as may be deemed appropriate by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute an Agreement between the Town and SPCA of Upstate New York, Inc., for such Services in form acceptable to the Town Supervisor, Town Clerk, Town Budget Officer and/or Town Counsel, as well as any other needed documentation, and the Town Supervisor, Town Clerk, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of March, 2018, by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: Mr. Ferone ABSENT: None RESOLUTION REJECTING BID FOR SALE OF OBSOLETE BACKHOE AND AUTHORIZING ITS SALE WITH AUCTION COMPANY GOVDEALS RESOLUTION NO.: 127, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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 WHEREAS, by Resolution No.: 81,2018, the Town Board authorized and directed the Town's Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for the sale of a surplus Backhoe in the Town Highway Department (a 1999 Fermec 760B Backhoe—Town Asset No.: 3788), and WHEREAS, on February 20th, 2018, the Purchasing Agent duly opened all received bids, and REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 749 WHEREAS, the Town received only one (1) bid, and therefore, the Town Board wishes to reject such bid as the bid is lower than expected, and authorize the sale of the surplus Backhoe on the auction company GovDeals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby rejects the bid received by the Town in connection with the sale of the surplus Backhoe in the Town Highway Department (a 1999 Fermec 760B Backhoe—Town Asset No.: 3788)referred to in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves of the sale of the surplus Backhoe that is no longer needed by the Town or obsolete and hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus Backhoe and all Town proceeds from the sale 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, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, 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 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING COMPREHENSIVE TELECOMMUNICATIONS SERVICES CONTRACT WITH FIRST LIGHT FIBER RESOLUTION NO.: 128,2018 INTRODUCED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 750 WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 174, 2016, the Queensbury Town Board authorized the renewal of a Comprehensive Telecommunication Services Contract with First Light Fiber for a bandwidth of 3000 internet, and WHEREAS, the Town's technology services provider, Stored Tech, has recommend that in light of the Town's authorized infrastructure upgrades to implement the MS Azure hosting, the Town should increase its internet speed from 3000 to a 100x 100 Mbps connection, and WHEREAS, the Town Board wishes to authorize such a Contract with First Light to provide for this increase in bandwidth as set forth in First Light's Private Line Service Order Form dated 3/6/2018 for 36 months at the monthly recurring charge of$891, and WHEREAS, New York State Bidding is not required as the purchase price for such Contract is in accordance with New York State Contract No.: PS64726 pricing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Comprehensive Telecommunication Services Contract with First Light Fiber in accordance with New York State Contract No.: PS64726 pricing as set forth in First Light Fiber's 3/6/2018 Private Line Service Order Form for 36 months at the monthly recurring charge of$891 in substantially the form presented at this meeting to be paid for from the appropriate account(s) as may be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Order Form and/or any necessary Agreement and/or other needed documentation, 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 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 751 ABSENT: None RESOLUTION AUTHORIZING STORAGE OF COTS OWNED BY WARREN COUNTY AT TOWN OF QUEENSBURY STORAGE BUILDING LOCATED ON SUNNYSIDE ROAD, QUEENSBURY RESOLUTION NO.: 129, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Town of Queensbury's Fire Marshal has been working with the Warren County Office of Emergency Services regarding the Town's proposed storage of 12 cots owned by Warren County in the event use of such cots became necessary as a result of a local disaster/emergency situation, and WHEREAS, the Town Facilities Manager has advised that there is storage room available for these cots at the Town of Queensbury's storage facility located on Sunnyside Road in the Town, and WHEREAS, the Town Board recognizes the importance of preparing and assisting its residents during potential emergency situations and believes that storing such cots may help provide better access to its residents should an emergency arise, and WHEREAS, Warren County has presented the Town Board with a proposed "Statement and Certification of Responsibility"regarding storage of such cots, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the proposed "Statement and Certification of Responsibility" regarding storage of cots delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Statement and Certification of Responsibility substantially in the form presented at this meeting and/or any other needed documentation and the Town Supervisor, Fire Marshal, Facilities Manager and/or REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 752 Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING PERMIT TO VICTORIA AND KEN GIORDANO FOR TEMPORARY PARKING OF TRAVEL TRAILER ON SITE DURING CONSTRUCTION OF NEW RESIDENCE RESOLUTION NO.: 130, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, in accordance with Queensbury Town Code §113-12, the Queensbury Town Board is authorized to issue permits for mobile homes to be located outside of mobile home courts under certain circumstances, including issuance of a permit to the owner of land within the Town who intends to construct thereon a residence for his/her own occupancy to place or park a mobile home on such property for his/her own occupancy during the construction of such dwelling for a period not to exceed one year, and WHEREAS, Victoria and Ken Giordano recently obtained approvals from the Town Planning Board for Site Plan Review for construction of their new residence at 119 Seelye Road in the Town and by letter-application dated March 1, 2018 presented at this meeting have requested approval from the Town to park their travel trailer onsite during the construction period so that they have the ability to stay onsite when they are here monitoring/coordinating the construction periodically, and WHEREAS, the Town's Director of Building and Codes Enforcement has reviewed such letter- application and has recommended approval of such temporary permit, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the issuance of a temporary permit to Victoria and Ken Giordano, for a period not to exceed one year, or until no later than March REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 753 19, 2019, to park their travel trailer onsite at 119 Seelye Road in the Town of Queensbury during the construction period of their new residence for their own occupancy so they may stay onsite as needed to monitor/coordinate such construction periodically in accordance with the terms and provisions of Queensbury Town Code §113-12(B)(2), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement, Community Development Department and/or Town Clerk to take any and all actions necessary to effectuate the issuance of such permit and the terms of this Resolution. Duly adopted this 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION TO AMEND 2018 BUDGET RESOLUTION NO.: 131, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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 2018 Town Budget as follows: From To Code Appropriation Code Appropriation $ REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 754 004-0000-0909 Fund Balance 004-5130-4400 Melting Agents 50,000 Duly adopted this 19th day of March, 2018 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EVOLUTION RECYCLING, INC. FOR COMPUTER AND ELECTRONICS RECYCLING SERVICES RESOLUTION NO.: 132, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 37,2018, the Queensbury Town Board authorized an Intermunicipal Agreement between the Town and Warren County and regarding Solid Waste and Recyclable Disposal Services, Solid Waste and Recycling Transportation Services and Electronics Recycling Services, with Electronic Recyclers International, New York Inc., to provide Electronics Recycling Services to the Town, and WHEREAS, Warren County rebid for Electronics Recycling Services and has recommended proceeding with an agreement with Evolution Recycling, Inc., the only bidder meeting all bid specifications for such Services, and WHEREAS, the County will present the Town Board with a proposed Intermunicipal Agreement which sets forth the terms and conditions upon which the Town would participate and pay for Electronics Recycling Services through the County's contractual arrangements for such services, and WHEREAS, after review and deliberation of the competitive bid proposal of Evolution Recycling, Inc., the Town Board wishes to have Evolution Recycling, Inc., dispose of electronics recyclable material from each of the Town's two transfer stations with the price for such services REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 755 identified and as set forth in the attached Schedule and utilize the County's contractual arrangements for Electronics Recycling Services upon the terms and conditions set forth in the County's Agreement for such services with Evolution Recycling, Inc., and WHEREAS, the term of the Intermunicipal Agreement shall commence immediately and terminate December 31, 2018 and the Intermunicipal Agreement may be extended for two (2) consecutive one (1) year terms through December 31, 2020 should the County elect to extend its agreement with Evolution Recycling, Inc., should the Town elect to continue to participate in the County's contractual arrangement for Electronics Recycling Services during any extended term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes of an Intermunicipal Agreement between the County and the Town regarding Electronics Recycling Services and authorizes the Town Supervisor on behalf of the Town to execute such Intermunicipal Agreement with the County, in form acceptable to the Town Supervisor and/or Town Counsel, as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board elects to have Evolution Recycling, Inc., provide Electronics Recycling Services to the Town which services and prices have been identified by the Town on the attached Schedule and otherwise in accordance with the terms and conditions of the Agreement between the County and Evolution Recycling, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Landfill Equipment Operator, Recycling Supervisor, Town Budget Officer and/or Town Counsel take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 756 RM CZCIQTY SID'Il4EMMCN MW NAME&ADDRESS OF BIDDER NAME&ADDRESS OF BIDDER NAME&ADDRESS OF BIDDER BID NO.:WC 1418 ITEM S t ELECTRONICS RECYING SERVICES-REBID Electronic' clers International,New York Inc. Evolution Recycling Inc. eLot Electronics Recycling,Inc. Atu,Kevin Dt71on Attn:Michael Bowman Attn:Morris Freedman DATE;FEBRUARY 27,2018 MlMadisonAve.9aFloor SClermont St 64HameyLane New Yor NY]016 Johnstown,NY 12095 Gleumont,NY 12077 TBIE; 3A0PM. Ph:559$2.3990 Ph:518.736.1045 Ph:518.266.9385 Fax:559442-3999 Fax:518-736-1046 Fax:51&266.9438 DESCRIPTION OF ITEM BID PRICE BID PRICE BID PRICE BID AWARDED TO: Resolution No. Term;Upon Execution of Agreement through December 31,2018 JULIE A,BUTLER(PURCHASINGAGENT Price per pound revenue to municipalities Various electronics Gee pick up,no revenue forelecomics: See bid document for list Price per pound expense to municipalities $0,251b,for CED e•waste See list-ranges from$,10 to$.25 $0.2211. for electronics: $0.456b.for non-CED waste Broken CRT's requiring alternative $0.2511b. $030 $03711b, recycling method: Fluorescent Lamps: $0.76"t $1.45 $0,8811b. Price per pound revenue to municipalities S.060 for Small Scrap Metal: Price per pound expense to municipalities $0.4511. for Small Scrap Metal, Comments: "'County will pre-pay flat cost for containers requested, which include all shipping and processing costs: -40lamp container:$110.60 •8 0Imp container$110.60 -compact fluorescent box$75.60 Facilit ies): Holliston,MA Johnstown,NY Glenmont,NY RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF MARCH 20TH, 2018 RESOLUTION NO.: 133, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of March 15th, 2018 and a payment date of March 20th, 2018, REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 757 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of March 15th, 2018 and a payment date of March 20th, 2018 totaling $864,182.49, 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 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS ANIMAL HOSPITAL RESOLUTION NO.: 134, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, in the past the Town of Queensbury has contracted with the Glens Falls Animal Hospital (Animal Hospital) for the Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services and the Town has paid for services provided by the Animal Hospital in accordance with the schedule of fees established by the Animal Hospital, and WHEREAS, the Town of Queensbury wishes to again enter into a written agreement with the Animal Hospital for the Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services, and REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 758 WHEREAS, the Town of Queensbury will exhaust all avenues to place healthy animals with foster families or forever homes, work directly with 501(C)(3) Rescue groups and SPCAs make every effort to avoid euthanasia, and only select euthanasia as a last resort, and WHEREAS, a proposed Agreement for the year 2018 has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the 2018 Agreement between the Town and Glens Falls Animal Hospital providing for the Glens Falls Animal Hospital's boarding of animals and as necessary, euthanasia and cremation services, substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented at this meeting on behalf of the Town of Queensbury, and the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Town Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of March, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None 4.0 CORRESPONDENCE- NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) TRAVIS WHITEHEAD- Spoke with regards to the lack of RFP in 2016 for dog control services. JIM FITZGERALD- Spoke to the Board regarding the animal control contracts he has with other towns. Thanked the Board for the opportunity to serve the Town for the last 10 years. Thanked Supervisor Strough for what he has done for the Town. TOM ORDWAY- Spoke concerning the Board's decision to contract with SPCA of Upstate New York, Inc. REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 759 6.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN SWITZER (WARD IV)- March is National Women's History Month. Asked everyone to take a little bit of time to join in commemorating and encouraging the study, observance and celebration of the vital role of women in American history. COUNCILMAN FERONE (WARD III)- There is a local organization called the Adirondack Chapter of Trout and Limited Conservation. They are having a banquet coming up this weekend, Saturday, March 24th. It's going to be in Saratoga. More information can be found online. COUNCILWOMAN ATHERDEN (WARD II)- Received some calls from constituents regarding a suspicious energy company whose agents are making door to door intrusive visits to Queensbury residents; trying to gain access into people's homes. These agents are insisting they are associated with National Grid and wanting to see resident's current billing statements to see if they are paying too much on their energy bills. Beware of someone trying to gain access into your home, someone you do not know. Do not sign any agreement without trusted advice. The elderly are especially vulnerable. Please contact with the Sheriff's Office with any concerns. COUNCILMAN METIVIER(WARD I)- Nothing to report. SUPERVISOR STROUGH- • Warren County Public Health is looking for volunteers for a mock exercise on April P between 9:30AM and 11:30AM at the Warren County Human Services Building. This is going to be a mock vaccination exercise to test the counties in case of a real emergency. This is just a simulation; there will not be any real vaccinations or medications given. Anyone interested in participating should contact Dan Durkee or Ginelle Oxford at Warren County Public Health at (518) 761-6580. • Received a letter from Ann Peterson of New York State Office of Community Renewal, talking about the grant and how her grant administered here. The audit of the program's performance revealed zero concerns and at this time no additional action is required. • Very proud of Christine Duffy's efforts at SUNY Adirondack There is a nice full page interview in the Albany Business Review with President Duffy about how she is moving our community college forward and addressing our regional needs. • Pyramid Companies will be moving a 24 inch water line that traverses the Aviation Mall property. That water line is being moved to accommodate a connector road. • Also, there will be some work done on Glenwood Avenue, trying to clean out an old line. There may be some discoloration in the water this week and maybe into next week, as well. • Spoke regarding the Clean Energy Committee and all the work being done. • There is a rave of the Chevrolet Bolt in Consumers Report. • Household Tire Recycling Day will be held on May 5th from 8:30AM until 12:OOPM at the Warren County DPW on Main Street in Warrensburg. You can turn in up to 10 tires. • Presented Supervisor's Report to Town Board and community. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 135, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular REGULAR TOWN BOARD MEETING, 03-19-2018,MTG 912 760 Town Board Meeting. Duly adopted this 19th day of March, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY