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01-27-2020 MTG#4 REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 417 REGULAR TOWN BOARD MEETING MTG #4 JANUARY 27, 2020 RES #65-75 7:00 P.M. BOH #4-10 LL #2 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE BOARD MEMBERS ABSENT COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS DAVE DUELL, HIGHWAY SUPERINTENDENT PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER 1.0 RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 65, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 27 day of January 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mrs. Switzer PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF KATHY SANDERS NOTICE SHOWN PUBLICATION DATE: JANUARY 17, 2020 SUPERVISOR STROUGH- Kathy Sanders lives, owns the residence, I should say at 119 Birdsall Road and is asking for one variance and that variance is to locate the well or the septic REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 418 field 85 feet from the well in lieu of the required 100-foot setback. So, I see that we have an agent for the applicant or the applicant? CLARK WILKINSON- Agent for the applicant. SUPERVISOR STROUGH- Agent for the applicant here. There is a public hearing on this so we will… if you want to elaborate, introduce yourself and elaborate, we’d appreciate that. Thank you. MR. WILKINSON- For the record, my name is Clark Wilkinson, representing the applicant, Kathy Sanders on this application for a septic variance. I am from the Environmental Design Partnership. We have done the design of the project and stamped the plans. The existing system that Ms. Sanders has is an existing drywell that’s inadequate and does not provide proper treatment. She is also doing an expansion on her house, raising the whole house one full floor and adding a bedroom. So, therefore, she needed to do a new septic design anyway in order to do a building permit. We cannot fit, because of the lot size and configuration; we could not fit the septic design on this lot without being closer to her well. I will say that the existing drywell is closer to the neighbor’s wells than is allowed and we have moved the system in order to try to get away from being in non-conformance with adjacent wells. So the only well can’t get in conformance with is her existing well for her house. SUPERVISOR STROUGH- Okay, thank you. Town Board Members have any questions for Mr. Wilkinson? Alright, this is a public hearing. Are there any members of the public that wish to speak to this application? We do have a letter from a neighbor, Kate and Wally Hirsch. The letter says “ Dear Health Members: We have no issue with Kathy Sanders request for sewage disposal variance to install a leaching field 85 feet from the well in lieu of the required 100 foot setback on a property at 119 Birdsall Road. Please grant this request”. Okay, that’s all we have as far a correspondence on this matter. Again, any member of the public wish to speak to this application? All right, seeing none, I will refer back to the Town Board. Any questions or thoughts? MR. WILKINSON- I have one more thing to add. The design system is an Eljen-type system, which provides double treatment than the standard trench and sill. It’s another added benefit to our design… as well. SUPERVISOR STROUGH- Yes, and that’s a good point. Thank you. Alright, seeing no comments or thoughts on behalf of the Town Board is there a motion to approve. DEPUTY CLERK, MELLON- Close the public hearing. SUPERVISOR STROUGH- Yes, I will close the public hearing. Thank you. PUBLIC HEARING CLOSED RESOLUTION APPROVING KATHY SANDERS’ APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 4, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Kathy Sanders (Applicant) filed an application for a variance from a provision of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a leaching REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 419 system 85’ from the well in lieu of the required 100’ setback on property located at 119 Birdsall Road 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 duly conducted a public hearing concerning the th variance request on Monday, January 27, 2020, 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, the Local Board of Health determines 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 Kathy Sanders for a variance from the Sewage Disposal Ordinance to install a leaching system 85’ from the well in lieu of the required 100’ setback on property located at 119 Birdsall Road in the Town of Queensbury and bearing Tax Map No: 289.17-1-42. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 420 ABSENT: Mrs. Switzer PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF PAUL DERBY NOTICE SHOWN PUBLICATION DATE: JANUARY 17, 2020 SUPERVISOR STROUGH- Okay, Paul Derby lives at 31 Canterbury Drive. We didn’t do a site visit. Agent Eric Murdock is asking for six variances for this property at 31 Canterbury Drive. Those variances are as follows: Dispersal system to be 38’ from the well instead of the required 100’ setback. Second requested variance: dispersal system to be 38’ from the Lake instead of the required 100’ setback. Third sewage disposal variance being requested is dispersal system to be 5’ from the north property line instead of the required 10’ setback. Fourth variance: Clarus Fusion System to be 1’6” from the foundation instead of the required 10’ setback; and five: the pump station to be 1’6” from the foundation instead of the required 10’ setback; and six: PERC and deep hole test performed outside of the required time period. Those are the six variances being requested. Again, if you will introduce yourselves and elaborate a little bit more about your disposal variance request application, we’d appreciate that. PAUL DERBY- Sure, I’m Paul Derby, 31 Canterbury Drive. Eric Murdock- The Design Engineer from Onsite Engineering. SUPERVISOR STROUGH- Okay, would you like to elaborate? MR. DERBY- Yes, just a quick opening statement. I’ve lived on Glen Lake for 27 years and in 2018, my wife and I sold our bigger home and downsized into this smaller lot. We purchased it prior to the septic transfer law. One of the big things that we want to do is update our septic. So we want to put in the newest, best technology system that you can do. We feel like we’re trying to do this here and for two reasons. One is for the health of Glen Lake, which I care deeply about; and the other is to also be a model for others on the Lake who are updating to show you can voluntarily do this and put in systems. So really, those are the two reasons. We’re requesting the six variances. I think you did a site visit and can see it a somewhat challenging lot where it is. SUPERVISOR STROUGH- Alright, we had some concerns. The water table is so high, the floatation of some of the devices you are installing for part of the system. You do have an anti- floatation plan; I want to just note that. The other thing is that when you did the soil test it was not witnessed by the Town but we had a very long talk about that with Code Enforcement Director, Dave Hatin and he’s comfortable with it. As a matter of fact, he thinks we ought to consider changing the law and allow him or somebody in his department to oversee these PERC tests soil test. The other item that was of concern, I will share with the public, is that it is in the flood plain. Normally, that would be a concern except that Glen Lake, from what we understand, and you can elaborate on this, has a dam that controls the water levels of Glen Lake so that a flooding arrangement would not be likely. You want to elaborate on that. MR. DERBY- Yes, I can elaborate on that. We do have a dam at the outlet of the Lake that Glen Lake Protective Association owns and oversees. We have a dam committee that controls that, what we call a board that we raise and lower in the dam. It allows us some control over the Lake. We also, if there’s going to be extraordinary rains or waters, we are proactive and go and pull that board before. So we can control that water. I also, my doctoral dissertations on the history of Glen Lake and I’ve never found any evidence where the Lake has flooded in the 200 plus years of documentation that I can find. In fact, the water level in the late 1800’s and early 1900’s was REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 421 somewhat higher. Due to development and the installation of this new dam, the water level is lower than it was in previous times. So we do have control of it should we have an issue. SUPERVISOR STROUGH- Okay, thank you, Paul. Mr. Murdock, would you explain the system because it’s not a usual system. It is an advanced system. MR. MURDOCK- Yes, we are recommending the use of enhanced treatment unit, manufactured by Claus Environmental. Essentially, the domestic wastewater is going to flow into this tank and the tank is going to provide pretreatment to and NSF standard …level for residential waste that’s mostly clean. The pretreated water was going to be subjected to ultraviolet light to provide disinfection. For disbursal, we were going to pump the water into a bottomless sand filter to provide an additional means of physical filtration. By putting the water into the bottomless sand filter, we’re able to maintain four feet of vertical separation above the elevation of the lake. We feel we’ve done everything that we can to mitigate the limited separation between the disbursal location and both the lake and the drinking water supply. SUPERVISOR STROUGH- Yes, so the Fusion 450, which is well known for its pretreatment capabilities, is going to be used and then an ultraviolet treatment. Then it goes to a raised sand filter and has at least four feet of cleansing power before it hits the water table. MR. MURDOCK- The elevation table, yes. SUPERVISOR STROUGH- The elevation. So that sand filter system, the bottomless sand filter system, which is 20 feet by seven feet is proposed to go where that shed is. I assume the shed is… MR. DERBY- That’s correct, that beautiful shed. SUPERVISOR STROUGH- I don’t think you’ll miss it. MR. DERBY- Yes, I agree with you. SUPERVISOR STROUGH- Matter of fact, that itself enhances the aesthetics of the area. So we’ll make note of that. Given the small size of your lot, I think you’ve done fine. Some remaining concerns are: adjacent to the house, between the house and the road are going to be the caps, the access caps for the pump station, the ultraviolet and the Clarus Fusion. How are we going to avoid traffic going on that or snowplows hitting it, how are we going to do that? MR. MURDOCK- We’re going to put a physical barrier, bollards or some other means to physically prevent people from driving over it. SUPERVISOR STROUGH- Alright, so some bollards or boulders or something marking that area to deter people and snowplows from sweeping in and causing harm to the system. MR. MURDOCK- Yes. SUPERVISOR STROUGH- Alright, any other thoughts, questions, concerns before I open the public hearing on this matter? COUNCILMAN FERONE- You covered it, John. SUPERVISOR STROUGH- Okay. Alright, any member of the public wish to speak to this application before us tonight, Paul Derby’s application? Anybody out there? Seeing nobody, any additional questions from the Town Board? TOWN COUNSEL, ROBERT HAFNER- Do you want us to add language about the physical barrier? SUPERVISOR STROUGH- Yes, would you please. TOWN COUNSEL, HAFNER- Okay. REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 422 MR. MURDOCK- There is a note on the prints that indicates that, on figure two there’s a detail there. Says there going to put a 4X4 or steel pipe. SUPERVISOR STROUGH- Alright. MR. MURDOCK- I think there’s probably a detail on the figure seven as well. COUNCILMAN FREER- I don’t see any harm with us adding that constraint though. SUPERVISOR STROUGH- No, I don’t see the detail in figure seven. MR. MURDOCK- No, there isn’t, I misspoke. TOWN COUNSEL, HAFNER- Four by four PT, what does PT stand for? MR. MURDOCK- Pressure treated. TOWN COUNSEL, HAFNER- Pressure treated. SUPERVISOR STROUGH- Or Steel pipe bollard set in concrete. I guess the Town Board just wants to highlight that those will be in place. MR. DERBY- We can certainly do that. SUPERVISOR STROUGH- Alright, so do you have any thoughts, Bob on additional language for that? TOWN COUNSEL, HAFNER- Yeah, I’m writing that out now. SUPERVISOR STROUGH- Alright. COUNCILMAN METIVIER- I was just going to make a comment that in the past I have had clients who have been required to get flood insurance around Glen Lake because FEMA… and everything. You can have somebody come in and do elevations recertify the elevations and we’ve had success a lot of times to prove it’s not in the flood zones even though it’s marked flood plain, they’re really not. To Paul’s point… MR. DERBY- I can answer that…because I’m pretty sure when the flood plains were done they were done when the Lake was somewhat higher; and I know there have been other instances where they’ve come back and relooked at those…and elevated… COUNCILMAN METIVIER- Yes. MR. DERBY- And we’ve talked about doing that… COUNCILMAN METIVIER- The unfortunate thing you have to do it individually and it costs quite a bit of money to do. MR. DERBY- Yes. COUNCILMAN METIVIER- It’s unfortunate that that FEMA wouldn’t come back in and reevaluate the whole area. SUPERVISOR STROUGH- Not only that, but where is it, the end of Saint Mary’s Bay, the dam? MR. DERBY- No, the dam’s at the outlet. SUPERVISOR STROUGH- Alright. MR. DERBY- So it’s…Tee Hill REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 423 SUPERVISOR STROUGH- The outlet…and you could lift a board out and lower it or put a board in and raise it. MR. DERBY- Correct SUPERVISOR STROUGH- You have a controlling mechanism in place. Bob, are you all set? TOWN COUNSEL, HAFNER- Okay, I’m just proposing if the Town Board wants it in, at the second Resolved that it start Resolved and then add language, contingent upon there permanently being a physical barrier and then we’ll put in parenthesis either 4X4 pressure treated lumber or a steel bollard set in concrete, and then we continue. Then you grant the variance. SUPERVISOR STROUGH- Okay, is that acceptable to the Board? Okay, alright with that additional condition added in a manner just described by Town Counsel, is there a motion to approve Paul Derby’s application for sanitary sewer. COUNCILMAN FREER- Did you open and close the public hearing? SUPERVISOR STROUGH- Yeah, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING PAUL DERBY’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 5, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Paul Derby (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install an onsite wastewater treatment system on property located at 31 Canterbury Drive in the Town of Queensbury with the following deviations from the provisions of that Chapter: 1. Dispersal System to be 38’ from the well instead of the required 100’ setback; 2. Dispersal System to be 38’ from Glen Lake instead of the required 100’ setback; 3. Dispersal System to be 5’ from the north property line instead of the required 10’ setback; 4. Clarus Fusion System to be 1’6” from the foundation instead of the required 10’ setback; 5. Pump Station to be 1’6” from the foundation instead of the required 10’ setback; and 6. PERC and deep hole tests performed outside of the required time period; and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 424 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 th variance requests on Monday, January 27, 2020, 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 3. 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 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, contingent upon there permanently being a physical barrier, (either 4 x 4 pressure-treated lumber or a steel bollard set in concrete) that the Local Board of Health hereby approves the application of Paul Derby for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install an on-site wastewater treatment system with the following deviations from the provisions of that Chapter: 1. Dispersal System to be 38’ from the well instead of the required 100’ setback; 2. Dispersal System to be 38’ from Glen Lake instead of the required 100’ setback; 3. Dispersal System to be 5’ from the north property line instead of the required 10’ setback; 4. Clarus Fusion System to be 1’6” from the foundation instead of the required 10’ setback; 5. Pump Station to be 1’6” from the foundation instead of the required 10’ setback; and 6. PERC and deep hole tests performed outside of the required time period; on property located at 31 Canterbury Drive in the Town of Queensbury and bearing Tax Map No: 289.17-1-22. REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 425 th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM AND KATHY BOSY RESOLUTION NO.: BOH 6, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health (BOH) and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, William and Kathy Bosy (Applicants) previously applied for and obtained BOH approval (Resolution No.: BOH 52,2019) for certain variances from Chapter 136 to install a replacement wastewater system on their property located at 53 Assembly Point Road in the Town of Queensbury, and WHEREAS, following a pre-installation walkthrough of the project location, it was discovered that the location of the existing septic and pump tanks is too close to the structure and therefore, the Applicants have applied for modifications of the variances previously authorized by Resolution No.: BOH 52,2019 as follows: 1. Septic tank to be 2’6” from the property line instead of the required 10’ setback; 2. Septic tank to be 9’ and 11’ from the future foundation instead of the required 10’ setback; 3. Pump chamber to be 2’6” from the property line instead of the required 10’ setback; 4. Pump chamber to be 9’ from the future foundation instead of the required 10’ setback; 5. Pump line to be 4’10” from the property line instead of the required 10’ setback; and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 426 6. Edge of stone for the pressure bed to be 4’ instead of the required 10’ setback; NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, February 10, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William and Kathy Bosy’s sewage disposal variance application concerning property located at 53 Assembly Point Road, Queensbury (Tax Map No.: 239.12-2-16) 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. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer RESOLUTION GRANTING FRANK AND ERIN STEINBACH AN EXTENSION OF TIME FOR SEPTIC SYSTEM REPLACEMENT AT 211 ASSEMBLY POINT ROAD AND REINSTATING ESCROW DEPOSIT RESOLUTION NO.: BOH 7, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 427 WHEREAS, by Resolution No.: 176,2019, the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property, and WHEREAS, Frank and Erin Steinbach (Applicants) previously applied for and received an inspection exemption for their property located at 211 Assembly Point Road in the Town of Queensbury (Tax Map No: 226.19-2-18) and following receipt of the exemption, received Local Board of Health (BOH) approval (Resolution No.: BOH 39,2019) for certain variances from provisions of the Town’s On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater system on their property and the Applicants delivered a $2,000 escrow deposit to the Town, and WHEREAS, Chapter 137 provides that such escrow deposit will be forfeited to the Town in the event that completion of a substandard wastewater treatment system is not completed within the time provided as established by Chapter 137, and WHEREAS, by application dated January 20, 2020, the Applicants have advised that due to winter weather conditions, their contractor has been unable to complete installation of the replacement wastewater system and therefore, the Applicants have requested that the Town Board grant them additional time to complete such installation and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby st authorizes and grants Frank and Erin Steinbach additional time or until May 31, 2020 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 for installation of the replacement wastewater treatment system located at 211 Assembly Point Road and to extend the date on which the $2,000 escrow deposit shall be st automatically forfeited to the Town until such date of May 31, 2020 as delineated in this Resolution, and authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to and take any and all action necessary to effectuate all terms of this Resolution. REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 428 th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JANE NOLAN BARTON AND SIBLINGS RESOLUTION NO.: BOH 8, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, Jane Nolan Barton and her five siblings have applied to the Local Board of Health for a variance from Chapter 136 to install an absorption field: 1. 70’ from Glen Lake in lieu of the required 100’ setback; and 2. 11’ from the house in lieu of the required 20’ setback; on property located at 52 Nolan Camp Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing th on Monday, February 10, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jane Nolan Barton’s sewage disposal variance application concerning property located at 52 Nolan Camp Road in the Town of Queensbury (Tax Map No.: 289.15-1-42) and at that time all interested persons will be heard, and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 429 BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND TAMMY AUST RESOLUTION NO.: BOH 9, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, John and Tammy Aust have applied to the Local Board of Health for a variance from Chapter 136 to install a septic tank/pump station 7’ from the house in lieu of the required 10’ setback on property located at 2440 Ridge Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing th on Monday, February 10, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider John and Tammy Aust’s sewage disposal variance application concerning property located at 2440 Ridge Road in the Town of Queensbury (Tax Map No.: 240.6-1-37) and at that time all interested persons will be heard, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 430 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 10, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 27th day of January 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer Mr. Ferone NOES: None ABSENT: Mrs. Switzer 2.0 PUBLIC HEARINGS PUBLIC HEARING- FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2020-2022 NOTICE SHOWN PUBLICATION DATE: JANUARY 17, 2020 SUPERVISOR STROUGH- This is a hearing for a three year contract with the fire company of West Glens Falls Volunteer Fire Company for the years 2020, 2021, 2022 and they are a two percent increase, two percent of the aggregate so for a total of 2020: $664,120, 2021: two percent $677,402, and 2020: two percent $690,950 for fire services being provided. There is a public hearing on this tonight. Is there any member of the public wish to speak to the proposed contract we’re looking at entering with West Glens Falls Volunteer Fire Company? Alright, seeing none, any thoughts on behalf of the Town Board? COUNCILMAN FREER- John Can you just explain to people a little bit about the fact that his budget includes sustainment of their equipment as well? SUPERVISOR STROUGH- Yes, good point. This budget as it has been in the past, and I want to thank, we have five fire companies and three EMS squads. We have worked out budget arrangements with them so that their buying or purchases of major pieces of equipment, major REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 431 apparatus is all planned for within this budget. It used to be in the old days, we would trim the budgets down to everything possible and then any large purchases they would have to come to the Board and request those large purchases and additional moneys and so forth. We thought, and this was a collaborative effort between the fire departments and the EMS squads and the Town that we would put together budgets that forces everybody to plan. Plan for their building improvements, plan for their equipment replacement program, plan for their vehicle replacement program. Planning included in the budget so that when they come to us and they need approval for a vehicle or a large equipment purchase that is already in the budget. We don’t have that issue. We may have to give them approval so they get the no interest, where the bank receives the no interest and we give the approval for that, that’s fine; but it won’t be money matters. They’re going to include everything in the budget. I want to thank the fire departments and the EMS squads for cooperating, this worked very well. Thank you. COUNCILMAN FREER- Thank you. SUPERVISOR STROUGH- Anything else? I just want to also say, since it’s here and we’ve been going to the annual meetings, at the annual banquets for five fire companies and three EMS squads, and that’s tough on the diet, but it still is a good time because we get to meet the guys who are volunteering their time. I don’t think the public realizes how much time it is with the training, the maintenance of the building, maintenance of the equipment, not to mention answering hundreds if not thousands of EMS and fire calls. It’s not just EMS and fire, they are emergency responders. People ask them to help pump out their basements. When we have a car accident, they are there helping to direct flow, and they do a very good job at that and that requires in itself, Dave Duell, our Highway Superintendent will vouch for this, that requires a lot of training to do it right. But they have to do everything right. They are there to protect us, they can’t afford to do things wrong. They take their training very seriously, and the training includes many, many hours. So between the building and the equipment, responding to our emergency needs, each one of these volunteers is putting in hundreds of hours. It’s one of the reasons we have such cost effective fire protection in the Town of Queensbury; it’s because of these volunteers. So again, I appreciate the banquets, and the banquets are good reminders that we need to show our appreciation to these volunteers. At these banquets, recognition is given to the volunteers on the amount of time that they have in. Many of them have 10, 20, 30, 40, even 60 years of service to this Town as a volunteer. That is something that deserves huge recognition. I can’t possibly do enough from this podium at this time other than to say the kind words that I think need to be said. Thank you very much for everything you do. Alright, I could go on… There’s a public hearing on this, nobody spoke to it. I will close the public hearing and entertain a motion. PUBLIC HEARING CLOSED RESOLUTION AUTHORIZING FIRE PROTECTION SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. FOR 2020 – 2022 RESOLUTION NO.: 66, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co., Inc., South Queensbury Volunteer Fire Co., Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Fire Company and the Town, and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 432 WHEREAS, the Town and the West Glens Falls Volunteer Fire Co., Inc. have negotiated terms for a new three (3) year Agreement for fire protection services, and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board conducted a public hearing on Monday, January 27, 2020 and heard all interested persons concerning the proposed 2020-2022 Agreement for fire protection services, and WHEREAS, a copy of the proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, on behalf of the Fire Protection District, hereby authorizes the 2020-2022 Agreement between the Town and the West Glens Falls Volunteer Fire Co., Inc. for fire protection services, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mrs. Switzer PUBLIC HEARING- PROPOSED LOCAL LAW TO EXTEND TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS NOTICE SHOWN PUBLICATION DATE: JANUARY 17, 2020 SUPERVISOR STROUGH- Okay this is just to extend a moratorium that we’re currently under for another two months. We are continuing to work on the ground-mounted solar energy systems REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 433 law and we need more time. So, this is extending, an additional two months to April 5, 2020. There’s a public hearing on this tonight. The County has already given their approval and so forth. No member of the public wishes to speak to this tonight? I’ll close the public hearing. Any thoughts or comments from the Board? COUNCILMAN FREER- At my training in Albany, two other towns in rural New York are struggling with the same issue. I think us staying on top of it and getting out in front of it is the right thing to do. It’s not unique to us. I wasn’t around when you all decided, but I think it was the smart choice not get wrapped up with trying to do wind at the same time. That will be something that we will have to keep an eye on best practices for. SUPERVISOR STROUGH- Yeah, I don’t think we have too much to worry about with wind, there’s been zero interest in wind. I don’t think we have enough wind to keep… COUNCILMAN FREER- Well that’s technology is improving so we’ll see. I think we’re good… PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2020 TO EXTEND TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS RESOLUTION NO.: 67, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 2 of 2020 entitled, "A Local Law to Extend Temporary Moratorium on Installation of Ground-Mounted Solar Energy Systems for an Additional Two (2) Months” which Law shall authorize the extension of a temporary moratorium on the installation of ground-mounted solar energy systems located within th all Town of Queensbury Zoning Districts for an additional two (2) months, through April 5, 2020 or any earlier date that the Town Board adopts regulations relating to installation of ground-mounted solar energy systems, whichever date comes first, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, and WHEREAS, the Warren County Planning Department previously considered the moratorium and found that the Project would not create any significant intermunicipal or county- wide impacts, and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 434 WHEREAS, the Queensbury Planning Board also previously considered the moratorium and advised that the moratorium should clarify whether the ground-mounted solar energy systems are commercial or residential, and th WHEREAS, the Town Board duly held a public hearing on Monday, January 27, 2020 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 2 of 2020 "A Local Law to Extend Temporary Moratorium on Installation of Ground-Mounted Solar Energy Systems for an Additional Two (2) Months” which Law shall authorize the extension of a temporary moratorium on the installation of ground-mounted solar energy systems located within all Town of th Queensbury Zoning Districts for an additional two (2) months, through April 5, 2020 or any earlier date that the Town Board adopts regulations relating to installation of ground-mounted solar energy systems, whichever date comes first, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Switzer LOCAL LAW NO. 2 OF 2020 A LOCAL LAW TO EXTEND TEMPORARY MORATORIUM ON INSTALLATION OF GROUND-MOUNTED SOLAR ENERGY SYSTEMS FOR AN ADDITIONAL TWO MONTHS BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Title and Authority. REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 435 The Town of Queensbury hereby extends its temporary moratorium on the installation of any ground-mounted solar energy system within all Town Zoning Districts for an additional two (2) months. This Local Law is adopted in accordance with Municipal Home Rule Law §10 and shall be as follows: A. Purpose. This moratorium was adopted so that the Town of Queensbury could prepare regulations relating to the installation of ground-mounted solar energy systems. These regulations are nearing completion so the extension of this moratorium is necessary in order to allow the Town Board adequate time to review, study and finalize these regulations and consider amendment of the Town Code regulating the installation of any ground-mounted solar energy systems within all Town Zoning Districts. B. Moratorium. The Town of Queensbury hereby extends its imposition of a moratorium on the installation th of any ground-mounted solar energy system within all Town Zoning Districts through April 5, 2020 or any earlier date that the Town Board adopts regulations relating to installation of ground- mounted solar energy systems. This moratorium shall not apply to ground-mounted solar energy systems installed in the Town of Queensbury prior to the effective date of this Local Law. C. Extensions. This moratorium may be extended for such additional periods as the Town Board may determine to be necessary to protect the public health, safety and welfare to the citizens of the Town of Queensbury. D. Termination. th This moratorium shall be terminated earlier than April 5, 2020 upon enactment of any local legislation which adopts regulations relating to installation of ground-mounted solar energy systems. REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 436 SECTION 2. Effective Period. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in Municipal Home Rule Law §27 or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN)- NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF USED TRACK-MOUNTED SCREENING PLANT FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 68, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 407,2019, the Town of Queensbury’s Purchasing Agent duly advertised for bids for the purchase of a used track-mounted screening plant to be used by the Town Highway Department as set forth in bid specifications prepared by the Highway Superintendent and/or Purchasing Agent, and th WHEREAS, on January 15, 2020, the Purchasing Agent duly received and opened the only bid received by the Town for the screening plant, and WHEREAS, the Town Highway Superintendent and Purchasing Agent have recommended that the Town Board award the bid to the only and therefore lowest, responsible bidder, Monroe Tractor, for the amount not to exceed $139,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a 2015 Kleemann MS 16Z Track Mounted Screening Plant for use by the Town Highway Department from the only and therefore lowest, responsible bidder, Monroe Tractor, for REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 437 an amount not to exceed $139,000 as set forth in Monroe Tractor’s Bid Proposal dated 1/8/2020 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck shall be from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $139,000 from the Highway Department’s undesignated, unappropriated Fund Balance Account No.: 004-0000-0909 to Heavy Equipment Account No.: 004-5130-2040, amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR CONSTRUCTION OF HALFWAY BROOK TRAIL RESOLUTION NO.: 69, 2020 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 438 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 152,2019, the Queensbury Town Board authorized establishment of the Halfway Feeder Canal Connector Trail Capital Project Fund #228 to provide for the final design and construction of the Halfway Feeder Canal Connector Trail from Peggy Ann Road to the western terminus of the Feeder Canal Trail, and WHEREAS, by Resolution No.: 190,2019, the Town Board authorized the Halfway Brook Trail License Agreement between the Town and City of Glens Falls to provide for the construction, use and maintenance of the recreation trail to be known as the Halfway Brook Trail (Trail), and WHEREAS, the Town Board wishes to advertise for bids for the construction of the Trail as may be described in bid documents/specifications to be prepared by the Town Supervisor and/or Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the construction of the Halfway Brook Trail in the official newspaper for the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open, read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. th Duly adopted this 27 day of January, 2020, by the following vote: REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 439 AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING CLOSURE OF MICROSOFT AZURE CAPITAL PROJECT FUND #217 RESOLUTION NO.: 70, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 190,2017, the Queensbury Town Board established the Information Technology Conversion to Azure Capital Project Fund #217 (Fund #217) which established funding toward the feasibility of using Microsoft Azure Cloud Services, and WHEREAS, Town’s Accountant has advised that the project is complete and Fund #217 may therefore be closed, and WHEREAS, the Town’s accounting records show that there is $2,622.76 remaining in Fund #217, and WHEREAS, the Town Board wishes to close Fund #217 and transfer its remaining balance to the Capital Reserve Fund #64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Information Technology Conversion to Azure Capital Project Fund #217 and transfer its remaining $2,622.76 to the Capital Reserve Fund #64, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 440 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION AND FINAL ORDER APPROVING ROUTE 9 SANITARY SEWER DISTRICT EXTENSION NO. 3 RESOLUTION NO.: 71, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town’s Route 9 Sanitary Sewer District (hereinafter the “District”) to be known as the Route 9 Sanitary Sewer District Extension No. 3 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Lansing Engineering, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve an existing apartment development known as Robert Gardens North on one (1) parcel bearing tax map identification no.: 296.17-1-41 and located at 220 Weeks Road as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted and approved by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 441 WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and nd WHEREAS, on December 2, 2019 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the fact that all costs of the improvements will be paid for by the property owner and not the Town of Queensbury; (e) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension to the only one property in the Sewer District Extension so it is the typical property); (f) the proposed method of financing to be employed; (g) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (h) the time and place of a public hearing on the proposed Sewer District Extension; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town’s website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the parcel were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, the estimated annual cost of the District Extension to the parcel has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on th Monday, December 16, 2019 and the Town Board has considered the evidence given together with other information, and REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 442 th WHEREAS, on December 16, 2019 the Town Board adopted Resolution No.: 406,2019 determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed District Extension would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed District Extension, and (d) it is in the public interest to establish, authorize, and approve the District Extension as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District Extension to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk, and WHEREAS, the permission of the State Comptroller is not required in accordance with Town Law §209-f, and WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Route 9 Sanitary Sewer District Extension No. 3 be established as described in this Order and in the Map, Plan and Report prepared by Lansing Engineering having extension boundaries as detailed in the metes and bounds description from the Town’s Public Hearing nd Order Resolution No.: 399,2019 dated December 2, 2019 and attached hereto as Schedule A and the improvements described in the Map, Plan and Report be constructed and the service within the District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 443 FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Wastewater Director and/or Town Counsel to take all other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer SCHEDULE A – Metes and Bounds Description All that certain sewer district extension situate in the Town of Queensbury, County of Warren, State of New York lying along the northerly line of Weeks Road, being further bounded and described as follows: Beginning at the point of intersection of the common division line between tax map parcel (T.M.P.) 296.17-1-41 to the East and T.M.P. 296.69-1-34 to the West with the northerly line of Weeks Road, thence from said point of beginning in a northerly direction along said common division line and the easterly lines of T.M.P.’s 296.69-1-32, 27, 22 and the easterly line of Queens Way, 875± feet to a point in the southerly line of T.M.P. 296.13-1-20, thence in a easterly direction along said southerly line, 656± feet to the point of intersection with the westerly line of T.M.P. 296.13-1-17.1, thence in a southerly direction along said westerly line and along the westerly line of T.M.P. 296.17-1-42, 870± feet to a point in the northerly line of Weeks Road, thence along said northerly line 863± feet to the point of beginning. Intending to describe tax map parcel 296.17-1-41 and as more specifically set forth and described in the Map, Plan and Report. RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION IN CONNECTION WITH BOAT LAUNCH INSPECTION AND BOAT WASH SYSTEM RESOLUTION NO.: 72, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 444 WHEREAS, the Lake George Park Commission (LGPC) implemented a Lake George boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain invasive species, and has requested that the Town of Queensbury partner with LGPC and other municipalities to assist with the procurement and acquisition of essential program equipment and support services and associated administrative expenses by contributing $30,000 annually, and WHEREAS, by prior Resolution the Town Board provided for the Town’s receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding in the requested amount of $30,000 for the year 2020 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the Town and the Lake George Park Commission (LGPC) substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement, with such funding not exceeding the sum of $30,000 for the year 2020 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 445 RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 and an increase of revenue coded 050-0000-51113 Occupancy Tax by $30,000 in the 2020 Budget, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers, prepare any documentation necessary and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer taking such other and further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 73, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 446 SECONDED BY: Mr. Anthony Metivier 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, 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(s), to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept. Tag# 1990 Bobcat 743 Skid Steer Recreation 3075 2009 Vac Trac Debris Vacuum Recreation 8898 2008 Toro 1200 Athletic Field Painter Recreation 8823 Hobart 140 Mig Welder Recreation n/a NOW, THEREFORE, BE IT 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 by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, as follows: Item Dept. Tag# REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 447 1990 Bobcat 743 Skid Steer Recreation 3075 2009 Vac Trac Debris Vacuum Recreation 8898 2008 Toro 1200 Athletic Field Painter Recreation 8823 Hobart 140 Mig Welder Recreation 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 item(s) 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, 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. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF JANUARY 28, 2020 REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 448 RESOLUTION NO.: 74, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a rdth Warrant with a run date of January 23, 2020 and a payment date of January 28, 2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date rdth of January 23, 2020 and a payment date of January 28, 2020 totaling $465,778.97, 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. th Duly adopted this 27 day of January, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Switzer 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF FLOOR (LIMIT – 4 MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE (WARD III)- NOTHING TO REPORT COUNCILMAN FREER (WARD II)-  Attended the newly elected training seminar in Albany. One of the topics covered was on ground-mounted solar. Interested on how the Town moves forward with this.  Completed the required cyber security training which was excellent. COUNCILMAN METIVIER (WARD I)- Thanked the Dave Duell and the Highway Department. They are doing a great job. SUPERVISOR STROUGH-  Presented Supervisor’s Report to the Board and community. REGULAR TOWN BOARD MEETING, 01-27-2020, MTG 4 449  Thanked Look TV and sponsors. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 75, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 27th day of January 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I