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2014-09-08 - Mtg 33 REGULAR TOWN BOARD MEETING MTG#33 SEPTEMBER 08, 2014 RES #314-325 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN WILLIAM VANNESS BOARD MEMBERS ABSENT COUNCILMAN DOUG IRISH TOWN COUNSEL BOB HAFNER TOWN OFFICALS SUPERINTENDENT OF WATER& SEWER, CHRIS HARRINGTON PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS SUPERVISOR STROUGH called meeting to order and reviewed each proposed resolution for the public's information. CHRIS HARRINGTON, Superintendent of Water& Sewer reviewed the proposed construction project of the Force Main Bypass Project —Meadowbrook Sewer Pump Station. DAVE DECKER, PE and Director of Lake George Watershed Coalition reviewed the proposed sewer district map, plan and report for the Dunham's Bay area. 1.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS JIM MACKEY, Ward 1-Referred to Resolution 2.7, Resolution Setting Public Hearing regarding the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015 and noted that the Glen Lake Protective Association was a beneficiary of a portion of a grant that was awarded, that grant was for the prevention of invasive species. Stated that he is a member of the Glen Lake Protective Association and was told at their last meeting that the money would be used for remediation and not for prevention. Requested that the Town Board confirm that the monies will not be used for remediation. Referred to resolution 2.6, Resolution Reaffirming Open and Transparent Government and read statement into the record supporting the need for this resolution. BARBARA SIMMS-Thanked the Town Board members for their support throughout the endeavor in relationship to Resolution 2.11, Order Setting Public Hearing Concerning Proposed North Queensbury Wastewater Disposal District No. 1 to Serve the Dunham's Bay Area. Also thanked Ron Montesi, John Strough, Brian Clements, Tony Metivier, Dave Decker, Bob Hafner, Chris Navitsky and Kathy Bozony for all their efforts on behalf of the Dunham's Bay residents. MR. SALVADOR-Referred to Resolution 2.4, Resolution Authorizing Bid to Gallo Construction for Sewer District Improvement /Force Main Bypass Project —Meadowbrook Sewer Pump Station, noted concern that there were only two bids received and asked the Town Board to table the resolution pending the sewer study of the Bay Road corridor. Spoke to the Town Board regarding the process involving Resolution 2.11, the North Queensbury Wastewater Disposal District. RON BALL-Questioned Resolution 2.9, Resolution Authorizing Closure of Riverside Park Capital Project Fund #158. 2.0 RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF HIGHWAY FUEL STORAGE TANKS CAPITAL PROJECT FUND #178 RESOLUTION NO.: 314, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with Resolution No.: 317, 2010, the Queensbury Town Board established the Highway Fuel Storage Tanks Capital Project Fund #178 which Fund established funding for expenses associated with the closure and replacement of underground fuel storage tanks at the Town Highway Garage, and WHEREAS, the Town's Facilities Manager has advised that the Project is complete and Fund #178 can be closed, and WHEREAS, the Town's accounting records show that there is approximately $94,025.15 remaining in Fund #178, and WHEREAS, the Town Board wishes to close such Fund #178 and transfer its remaining balance back to the Town's General Fund and/or toward the BAN principal payment, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Highway Fuel Storage Tanks Capital Project Fund #178 and transfer $30,000 to the Town's General Fund and $64,025.15 towards the BAN principal payment that is due October 1, 2014 as follows: • 001-0000-55031 Interfund Revenues—Increase by $94,025.15 • 001-9730-6030 Ban Principal - Increase by $64,025.15 • 178-9901-9128 Transfer to Operating Funds - Increase by $94,025.15 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Accountant and Facilities Manager to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING PURCHASE OF NEW 3/4 TON REGULAR CAB 4X4 PICK-UP REPLACEMENT TRUCK AND ASSOCIATED PLOW AND ACCESSORIES FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 315, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with Resolution No.: 238,2014, the Town of Queensbury's Purchasing Agent duly advertised for bids for the purchase of a new 3/4 Ton Regular Cab 4x4 Pick- Up Truck to replace a rusted out truck in the Water Department as set forth in bid specifications prepared by the Water Superintendent and/or Purchasing Agent, and WHEREAS, on August 13t1i 2014, the Purchasing Agent duly opened the one received bid from West Herr Ford of Hamburg, NY for the amount of$22,029, and WHEREAS, the Town Water Superintendent has advised that the State Contract Price for the exact same package at Henderson Ford of Webster, New York is $21,779.50, and WHEREAS, the Town Water Superintendent and Purchasing Agent have therefore recommended that the Town Board authorize the truck purchase from Henderson Ford of Webster New York in accordance with State Contract No.: PC66390/Award No.: 22737 for the amount of$21,779.50, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Water Superintendent's purchase of a 2015 Ford F250 3/4 Ton Regular Cab 4x4 Pick-Up Truck for use by the Town Water Department from Henderson Ford of Webster, New York for the amount of $21,779.50, in accordance with State Contract No.: PC66390/Award No.: 22737, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the purchase of a plow and other minor accessories for such truck for an amount not to exceed $7,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such truck, plow and accessories shall be from Account No.: 040-8340-2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer $29,280 from the Town Water Department's Fund Balance to Account No.: 040-8340-2020 and amend the 2014 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 hereby authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the rusted out and retired truck and deposit any sales proceeds 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 Supervisor, Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM RICHARD LENAGHEN RESOLUTION NO.: 316,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY : Mr. Brian Clements WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Richard Lenaghen—Plot No.: 71-A, Erie Section, and WHEREAS, by letter, Mr. Lenaghen has requested that the Town's Cemetery Commission buy back such lot, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re-purchase of such lot and approval of the re-purchase by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of a lot in the Pine View Cemetery from Richard Lenaghen —Plot No.: 71-A, Erie Section, for the amount of$733.34, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Mr. Lenaghen and properly account for the sales in the Town's books and records. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AWARD OF BID TO GALLO CONSTRUCTION FOR SEWER DISTRICT IMPROVEMENT/FORCE MAIN BYPASS PROJECT - MEADOWBROOK SEWER PUMP STATION RESOLUTION NO.: 317, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Sewer District and the Route 9 Sanitary Sewer District (together, the "Districts") in accordance with New York Town Law, and WHEREAS, the Meadowbrook Pump Station pumps sewage from both Districts to the City of Glens Falls collection system through an existing force main from the pump station along Bay Road and Quaker Road to a point on Bay Road and Sanford Street, and WHEREAS, by Resolution No.: 375, 2013 the Queensbury Town Board authorized certain improvements to the Districts, specifically to set up a bypass system to enable the Town to replace pipe as sections of the force main show deterioration in order to prevent a full system emergency and make certain other system improvements, all in accordance with Town Law §202-b, (hereinafter referred to as the"Project') and determined such Project to be in the public interest, and WHEREAS, for the purpose of paying the cost of the Project, including related preliminary and incidental costs, by Resolution No.: 376, 2013 the Town Board authorized the issuance of serial bonds and bond anticipation notes of the Town up to a maximum amount of $1,011,000, and WHEREAS, by Resolution No.: 222,2013 the Town Board authorized engagement of Delaware Engineering, P.C. for provision of professional engineering services for the design and construction supervision of the Project improvements and authorized the establishment of the "Queensbury Consolidated Sanitary Sewer District Improvements Capital Project Fund #198," which established funding for the engineering services and established initial appropriations and estimated revenues for Capital Project Fund #198 in the amount of$75,250, and WHEREAS, Delaware Engineering, P.C., prepared bid documents and specifications to advertise for bids for the Project improvements, and WHEREAS, by Resolution No.: 435,2013, the Town Board authorized an advertisement for bids, and WHEREAS, on August 22"a 2014, all received bids were opened, and WHEREAS, Delaware Engineering, P.C., the Town Wastewater Director and Purchasing Agent have recommended that the Town Board award the bid to the lowest responsible bidder, Gallo Construction of Watervliet, NY for an amount not to exceed $959,392, and WHEREAS, the Wastewater Director has advised the Town Board that there are times when Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a total amount of $12,000 for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for such Project from the lowest responsible bidder, Gallo Construction of Watervliet, NY, for an amount not to exceed $959,392, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Gallo Construction of Watervliet, NY in form acceptable to the Town Supervisor, Wastewater Director, Town Budget Officer, Purchasing Agent and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Water Superintendent to approve and sign Change Orders pertaining to the Contract up to a total amount not exceeding $12,000 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for this Project shall be by $1,011,000 from serial bonds in accordance with Resolution No.: 376,2013, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to Increase Appropriation 198-8320-2899 Capital Construction by $971,392, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2014 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from Wastewater Fund#36 to avoid unnecessary delays until such time as bond anticipation notes are issued, and BE IT FURTHER, RESOLVED, that upon completion of work and/or any necessary Change Order(s), the Town Board further authorizes payment for these services, and BE IT FURTHER, RESOLVED, that upon completion of this project the Town Board authorizes and directs the Town Budget Officer to close Capital Project Fund #198 and to return any and all unexpended balances from this project towards debt service, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director, 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 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AGREEMENT WITH STORED TECHNOLOGY SOLUTIONS, LLC FOR PROFESSIONAL INFORMATION TECHNOLOGY SERVICES RESOLUTION NO.: 318,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, by Resolution No.: 259,2014, the Queensbury Town Board authorized an Amendment — 60 Day Extension Agreement between the Town of Queensbury and Stored Technology Solutions, Inc., (Stored Tech) dated July 15, 2014 for the provision of professional information technology services, and WHEREAS, the Town and Stored Tech have negotiated terms for a 24 month Agreement for the continued provision of such information technology services, which Agreement shall include a mutual 30 day cancellation clause providing in part that in the event the Town was to discontinue its Agreement with Stored Tech, Stored Tech will cooperate with the Town of Queensbury's new information technology services provider, and WHEREAS, the Town Board wishes to waive the Town Purchasing Policy's two (2) quotes, self-imposed bidding requirement in this instance for information technology equipment purchases through Stored Tech so that the Town may take advantage of third party reseller prices from Stored Tech and State Contract, thereby saving taxpayer money and standardizing equipment, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, a proposed Agreement dated September 3, 2014 is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that for the reason outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes and authorizes information technology equipment services through Stored Technology Solutions, Inc., (Stored Tech) such purchases to be paid for from the appropriate accounts as will be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Agreement between the Town of Queensbury and Stored Tech dated September 3, 2014 substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Counsel, and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT : Mr. Irish RESOLUTION REAFFIRMING OPEN AND TRANSPARENT GOVERNMENT RESOLUTION NO.: 319, 2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, James Madison, the father of our federal Constitution, wrote that "consent of the governed" requires that the people be able to "arm themselves with the power which knowledge gives," and WHEREAS, every citizen in our participatory democracy has an inherent right of access to government meetings and public records, and WHEREAS, an open and accessible government is vital to establishing and maintaining the people's trust and confidence in their government and in the government's ability to effectively serve its citizens, and WHEREAS, the protection of every person's right of access to public records, public hearings and government meetings is a high priority of the Queensbury Town Board, and WHEREAS, the Queensbury Town Board is committed to openness and transparency in all aspects of its operations and seeks to set a standard in this regard, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board commits to work diligently to enhance the public's access to government records and information, increase information provided electronically and online and ensure that all meetings and hearings of deliberative bodies under its jurisdiction, and their committees, are fully noticed and open to the public. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None RESOLUTION SETTING PUBLIC HEARING ON GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 320,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 22"d 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2015 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2015 RESOLUTION NO.: 321, 2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 22"d 2014 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2015 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten(10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES : None ABSENT: Mr. Irish RESOLUTION AUTHORIZING CLOSURE OF RIVERSIDE PARK CAPITAL PROJECT FUND #158 RESOLUTION NO.: 322, 2014 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, in accordance with Resolution No.: 160,2006, the Queensbury Town Board established the Riverside Park Capital Project Fund #158 which Fund established funding for expenses associated with capital improvements for the Riverside Park Recreation Area Expansion and Improvement Project specifically, the construction of public trails as part of the Town's Agreement with the Open Space Institute, and WHEREAS, the Town's Parks and Recreation Director has advised that the Agreement with the Open Space Institute has expired and since there is no longer an agreement in place to provide public recreation trails at Riverside Park, the Director and Town Recreation Commission would like to close Fund #158 and transfer its remaining balance to the Town's Rush Pond Way Capital Project Fund #166, and WHEREAS, the Town's accounting records show that there is approximately $57,500 remaining in Fund #158, and WHEREAS, the Town Board wishes to close such Fund #158 and transfer its remaining balance to the Town's Capital Project Fund #166, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Riverside Park Capital Project Fund #158 and transfer its remaining $57,500 to the Town's Rush Pond Way Capital Project Fund #166, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Accountant and Parks and Recreation Director to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF AUGUST 29TH, 2014 AND SEPTEMBER 9TH, 2014 RESOLUTION NO.: 323,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of August 29th 2014 and September 4th, 2014 and payment dates of August 29th 2014 and September 9th, 2014, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of August 29th 2014 and September 4th, 2014 and payment dates of August 29th, 2014 and September 9th 2014 totaling $286,377.17 and $1,009,727.10, respectively, 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 8th day of September, 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1 TO SERVE THE DUNHAM'S BAY AREA RESOLUTION NO.: 324,2014 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town of Queensbury is considering forming a Wastewater Disposal District to serve 72 properties in the Dunham's Bay area of the Town in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed Wastewater Disposal District has been prepared by David J. Decker, P.E., and WHEREAS, the Map, Plan and Report 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 Wastewater Disposal District, a general plan of the proposed system, a report of the proposed method of operation, the mode and frequency of collection, conveying, treating and disposing of wastewater or residual wastewater and the mode and frequency of inspections and monitoring; and states that the location of properties requiring construction or replacement of private on-site wastewater disposal systems in the next five years will be determined as part of the services provided by the District, and WHEREAS, establishment of the Wastewater Disposal District is a Type II action under the State Environmental Quality Review Act (SEQRA), so review under SEQRA is not required, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The properties included in the proposed Wastewater Disposal District are as set forth in the Map, Plan and Report and as follows: Tax Map Number Property Address Owner 239.12-2-1 27 OLD ASSEMBLY PT RD Mason, James 239.1 -1-12 3142 State Route 9L Crooked Tree Point LLC (Handelman) 239.1 -1-13 28 HIGHVIEW RD Wait, Jane A. (No dwellings) 239.1 -1-14 24 HIGHVIEW RD Daisy Spring Inc. (Wait) 239.1 -1-15 14 HIGHVIEW RD Lvnch, John 239.1 -1-16 STATE ROUTE 9L, OFF Joshua Rock Corp. (No dwellings) 239.1 -1-17 10 HIGHVIEW RD Norton, Charles 239.1 -1-18 4 HIGHVIEW RD Jackson, Marci 239.1 -1-19 2 HIGHVIEW RD Emmens, Matthew 239.16-1-1 5 GRAY LEDGES DR Catlin, Trustee, Thomas I. 239.16-1-2 7 GRAY LEDGES DR Matthews, Diane H. 239.16-1-3 11 GREY LEDGES DR Ervolina, Salvatore 239.16-1-4 STATE ROUTE 9L Ervolina, Salvatore (No dwellings) 239.16-1-5 5 SIGN POST RD McCarthy, Shawn R. 239.16-1-6 7 SIGN POST RD Faucher, Richard 239.16-1-7 11 SIGN POST RD Loughrey, Michael L. 239.16-1-8 17 SIGN POST RD Wrigley, Douglas 239.16-1-9 13 SIGN POST RD Morehouse, Andrew J. 239.16-1-10 15 SIGN POST RD Landers, Sarah Catlin 239.16-1-11 19 SIGN POST RD Lapham, Bonnie M. 239.16-1-12 21 SIGN POST RD Lennox, Anne 239.16-1-13 27 SIGN POST RD Campbell, Dale 239.16-1-14 23 SIGN POST RD King, Drusilla 239.16-1-15 STATE ROUTE 9L Seitz Trust, Joachim (No dwellings) 239.16-1-16 30 BURNT RIDGE RD Chapuis Associates The (Lempert) 239.16-1-17 26 BURNT RIDGE RD Seitz Trust, Joachim 239.16-1-18 24 BURNT RIDGE RD Green, William 239.16-1-19 20 BURNT RIDGE RD Slote, Lynn 239.16-1-20 16 BURNT RIDGE RD Rapaport, Myron 239.16-1-21 8 BURNT RIDGE RD Simms Trust, Lenton D. 239.16-1-23 26 TALL TIMBERS RD Mastro, Arkley L. 239.16-1-24 STATE ROUTE 9L Mastro, Arkley L. (No dwellings) 239.16-1-25 18 TALL TIMBERS RD Dunton, Robert 239.16-1-26 12 TALL TIMBERS RD Brothers, John 239.16-1-27 6 TALL TIMBERS RD Farragut Park, LLC (Della Bella) 239.16-1-30 78 SUNRISE LANE Rapaport, Michael 239.16-1-32 STATE ROUTE 9L Banta, Gary (No dwellings) 239.19-1-2 2 JOSHUA ROCK RD E. Seelye Estate, Abrams (Joshua Rock Corp.) (No dwellings) 239.19-1-4 28 JOSHUA ROCK RD Klinek, Patricia 239.19-1-5 26 JOSHUA ROCK RD Curley, Kenneth R. 239.19-1-6 24 JOSHUA ROCK RD Baldwin, William 239.19-1-7 14 JOSHUA ROCK RD Williams, Winton H. (Campanella) 239.19-1-8 10 JOSHUA ROCK RD E. Seelye Estate, Branson (Joshua Rock Corp.) 239.19-1-9 12 JOSHUA ROCK RD West, Andrew D. 239.20-1-1 3020 STATE ROUTE 9L Salvador, John (No dwellings) 239.20-1-2 3010 STATE ROUTE 9L Parillo, Frank J. (No dwellings) 239.20-1-4 10 DUNHAMS BAY Dunhams Bay Boat Co. Inc. 239.20-1-5 2970 STATE ROUTE 9L Turcotte, Albert A. 239.20-1-6 STATE ROUTE 9L Banta, Gary..(No dwellings) 239.20-1-7 2966 STATE ROUTE 9L Didio, Joseph 239.20-1-8 2964 STATE ROUTE 9L Strack Living Trust, Eleanor B 239.20-1-9 2962 STATE ROUTE 9L Reith, Mark 239.20-1-10 2960 STATE ROUTE 9L Mitchell, Phillip R. 239.20-1-11 2958 STATE ROUTE 9L Bania, Andrew 239.20-1-12 2954 STATE ROUTE 9L Holohan, Edward J. 239.20-1-13 2952 STATE ROUTE 9L Lombardi, Daniel A. 239.20-1-14 2948 STATE ROUTE 9L Mastin, Thomas J. 239.20-1-15 2940 STATE ROUTE 9L Clemons, Robert R. 239.20-1-16 2938 STATE ROUTE 9L Butkiewicz, Carol D. 239.20-1-17 2936 STATE ROUTE 9L Calogero, William 239.20-1-18 2934 STATE ROUTE 9L Leonelli, Dianne (Eagle) 239.20-1-19 2930 STATE ROUTE 9L Francis, Gregory 239.20-1-20 2957 STATE ROUTE 9L Buruchian, Robert 239.20-1-21 2987 STATE ROUTE 9L Banta, Gary 239.20-1-23 2969 STATE ROUTE 9L Banta, Gary 239.20-1-24 2979 STATE ROUTE 9L Schriner, John 252.-1-64 2021 BAY RD Bunting, Herbert 252.-1-65 2036 BAY RD Parillo, Frank 252.-1-74 3009 STATE ROUTE 9L Gray, Robert 252.-1-75.1 2999 STATE ROUTE 9L Swordfish Realty, LLC (DB Resort) 252.-1-75.3 DUNHAMS BAY Salvador, John 252.4-91 STATE ROUTE 9L Salvador, John (No dwellings) 2. The proposed Wastewater Disposal District would be established to provide a management structure and plan to ensure the timely inspection of septic systems to detect signs of failure and/or malfunction and to optimize the systems' operating efficiencies through routinely scheduled pump-outs. Specific activities would include: (a) initial inspection of all systems, (b) establishment of a data base of system locations and components using the Town's GIS data base, (c) pump-out of existing septic tank systems once every three years (for non- holding tank systems), (d) annual inspection of systems, (e) education of property owners and temporary (vacation) users of proper septic system use and maintenance, (f) identification of failing or substandard systems that may be candidates for consolidation into community systems, (g) requirement of inspection/certification as a condition of realty transfer and (h) consideration of the feasibility and benefits to establishing an "approved installer/contractor" list. 3. There are no capital improvements proposed in connection with the Wastewater Disposal District, so there is no proposed method of financing and there will be no debt service costs related to the District. 4. The estimated annual cost of the Wastewater Disposal District to the typical property in the District, which has been determined to be a non-vacant property, would be approximately $70.33 for the first year, increasing annually to approximately $141.10 in the tenth year. The Town has obtained grant funding from the New York State Department of Environmental Conservation to assist in the initial District formation and to provide a 50% subsidy of the cost of a septic tank pump-out for the typical property for the first ten years of District operation. Although it would be the intention of the Town to seek additional grant funding to support continued operation of the District, no assurances can be provided that such grant funding would be obtained. If no additional grant funding is received, it is estimated that the annual cost to the typical property in the District would increase to approximately $202.22. In addition, the Town will for the first year and until changed charge $30 each year for each vacant lot. 5. A detailed explanation of how the estimated costs of the District were computed is included in the Map, Plan and Report, which has been filed with the Queensbury Town Clerk and is available for public inspection. 6. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, at 7:00 p.m., on Monday, September 22, 2014 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 7. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication, and to mail copies of this Order to each property owner in the proposed District. Duly adopted this 8th day of September 2014, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. VanNess, Mr. Strough NOES None ABSENT: Mr. Irish