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2015-09-28 MTG 30 REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 983 REGULAR TOWN BOARD MEETING MTG#30 September 28, 2015 RES# 324-345 7:00 P.M. BOH #21-24 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... PRESENTATION BY DAVE WICK, EXECUTIVE DIRECTOR OF THE LAKE GEORGE PARK COMMISSION PLEDGE OF ALLEGIANCE LED BY COUNCILMAN BRIAN CLEMENTS 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 324, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 28th day of September, 2015, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES: None ABSENT: None QUEENSBURY BOARD OF HEALTH PAUL LEJUEZ'APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2015 DEAN HOWLAND- I'm just the agent, and Devin works for the Engineering firm. So I'm here just because I'm the agent for... SUPERVISOR STROUGH- All right, am I pronouncing it right Lejuez MR. HOWLAND- Ledgeway is how you pronounce it. REGULAR TOWN BOARD MEETING, 09-28-201 ,MTG 430 984 SUPERVISOR STROUGH- Ledgeway, yeah, I was close. DEVIN DICKINSON- I did the surveying and engineering and Dean Howland is actually the designer and builder... Let me give you a little background, there's kind of a lot going on with these parcels here. Paul and Amy actually have essentially three (3) parcels, in a sense; they've combined two (2). But this... define each parcel. It makes it a little easier to describe what's going on here... They have a square parcel on Honeysuckle Lane and they actually own two (2) parcels on Assembly Point... (INAUDIBLE)...We are also proposing another Elgin Bed on the new house. They are both three (3) bedroom systems. The location of the two (2) Elgin Beds actually meet all of the one hundred (100) foot setbacks to the drilled wells in the area. In order to meet that setback, we are asking for relief from the south property line, specifically we are asking for four(4) feet on the one (1)bed and three point three (3.3) feet on the other bed. SUPERVISOR STROUGH- Okay, so that's for the Elgin Beds, they'll be located three and a half(3 '/2) and four (4) feet from the south boundary line instead of the ten (10) foot setback. MR. DICKINSON- Correct. COUNCILMAN METIVIER- So are they taking down the houses there now? MR.DICKINSON- Yes. They are actually moving the house on Honeysuckle and the house on Assembly Point and just building the new house on Assembly Point. COUNCILMAN METIVIER- Okay. MR. DICKINSON- Those two (2) lots are being combined. SUPERVISOR STROUGH- The other thing that I like too, I'm sorry Tony, was that they're making their driveway, not from Assembly Point Road but from Honeysuckle. INAUDIBLE MR. HOWLAND- We believe so. COUNCILMAN METIVIER- That would actually would work better for them too, I think. MR. HOWLAND- He's the only lot on that part of Assembly Point that doesn't have access to that from the back. COUNCILMAN METIVIER-Well that's a win right there. Mr. DICKINSON- Yeah, the way we have our drive come in really blends right in with his drive... COUNCILMAN METIVIER- Did you get a letter from the neighbor to the north at all or anything? MR. DICKINSON- For the driveway issue? COUNCILMAN METIVIER- Yeah. MR. DICKINSON-Not yet, I think they just have... COUNCILMAN METIVIER- Conversations? MR. DICKINSON- Yeah. COUNCILMAN METIVIER- I wish I'd known that, he was up there this weekend, I could have talked to him. REGULAR TOWN BOARD MEETING, 09-28-201 ,MTG 430 985 MR. DICKINSON- Part of the driveway as you go in, the neighbor to the north has to drive on the Lejuez property. COUNCILMAN METIVIER-Right. MR. DICKINSON- And the Lejuez' drive on his property by Assembly Point Road COUNCILMAN METIVIER-Right. MR. DICKINSON- So that driveway... COUNCILMAN METIVIER- Yeah, yeah, and it's stone so there's a lot of run-off and wash out there. COUNCILMAN VANNESS- Dennis have you spoken to the neighbors on either side when you're looking for the... SUPERVISOR STROUGH- I think it's seven. MR. DICKINSON- Between the homeowner and actually Dean has been pretty aggressive too, we've talked about homeowners in the area. So I think at this point, unless we get comments tonight, I think everybody's... (INAUDIBLE) MR. HOWLAND- Right, I've spoken to all the neighbors and she was concerned that we would not let any run-off on her property. I said that is one thing that we definitely not do. That was her only concern and I spoke to her about a month ago. Mr. ... is just happy to have anything that's better than what's there. MR. DICKINSON- Right now it's... SUPERVISOR STROUGH- Oh, it's a huge improvement. The Elgin Beds are very efficient. (INAUDIBLE) SUPERVISOR STROUGH- I shouldn't say this but I think they deserve to see... MR. DICKINSON- Yeah, they're in rough shape. SUPERVISOR STROUGH- I went up and did a site visit, plus you're putting the rain gardens up front. MR. DICKINSON- Yes. SUPERVISOR STROUGH- So that the storm water flow, I see, will not be pitched into the Lake as it so commonly is in that area. So that's a very nice feature. They're all going to use native plants and everything else. Yeah, I was up, I did a site visit. I reviewed that. I was there for some length. It appears to be a pretty good plan. Before I open this to the public, any other thoughts, questions, concerns? If there are members of the public that do with to... (INAUDIBLE) PUBLIC HEARING CLOSED RESOLUTION APPROVING PAUL LEJUEZ' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 21,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 986 SECONDED BY: Mr.William VanNess WHEREAS, Paul Lejuez filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a septic system with Elgin Beds to be located 3.45' and 4.0' from the south boundary line instead of the required 10' setback on property located at 223 Assembly Point 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 variance requests on Monday, September 28t1i 2015, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Paul Lejuez for variances from the Sewage Disposal Ordinance to install a septic system with Elgin Beds to be located 3.45' and 4.0' from the south boundary line instead of the required 10' setback on property located at 223 Assembly Point Road in the Town of Queensbury and bearing Tax Map No.: 226.19-2-21. Duly adopted this 28th day of September, 2015, by the following vote: AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 987 NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF HARRY AND LINDA BAKER RESOLUTION NO.: BOH 22,2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Harry and Linda Baker have applied to the Local Board of Health for variances from Chapter 136 to install a new leach field: 1. 64' from their well in lieu of the required 100' setback; and 2. 81.5' from a neighbor's well in lieu of the required 100' setback; on property located at 61 Blind Rock 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 on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Harry and Linda Baker's sewage disposal variance application concerning property located at 61 Blind Rock Road in the Town of Queensbury (Tax Map No.: 296.6-1-3) and at that time all interested persons will be heard, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 988 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None *DISCUSSION HELD BEFORE VOTE TO SET PUBLIC HEARING ON HARRY AND LINDA BAKER'S SEWAGE DISPOSAL VARIANCE APPLICATION SUPERVISOR STROUGH- Harry and Linda Baker live on 61 Blind Rock Road are proposing a new leach field. That will be sixty-four feet from their well, in lieu of the required one hundred (100) foot setback, and eighty-one and a half (81 t/2) feet from a neighbors well in lieu of the required one hundred (100) foot setback. Again, it's located at 61 Blind Rock Road. There will be a public hearing on this and the public hearing will be Monday, October 19th in this room at 7:00pm. Now sir, you would like to speak to this and I'll give you that opportunity if you'll come up here, please, and introduce yourself. Wait til you sit down sir so we can hear you better on the microphone. Yes Sir, introduce yourself, please. HARRY BAKER- Okay, I'm Harry Baker, I live at 61 Blind Rock Road. SUPERVISOR STROUGH- Okay. MR. BAKER- When this started a couple of months ago, the building department, Dave Hatin and John O'Brien looked at it and told me what to do to eliminate the need for a variance. SUPERVISOR STROUGH-Yeah. MR. BAKER- ...well around my neighbors are over a hundred (100) foot. INAUDIBLE)...south side of my property signed off on the variance so there is actually no need for a public hearing because there's nothing to public hear about. SUPERVISOR STROUGH- Yeah, but you're still, and that's good, but we still have to go through the process, sir. You are varying from the hundred (100) feet for the location of the proposed bed from your well and your neighbors well. So we still have to go through that process, we will consider all that. On October 19th we will go through that process. MR. BAKER- All right. SUPERVISOR STROUGH- All right, Mr. Baker? MR. BAKER-I was hoping because everything is settled on here... SUPERVISOR STROUGH- And that's good. MR. BAKER- There's no more questions or... SUPERVISOR STROUGH-I know, but the law's the law, we have to do it this way, sir. MR. BAKER-You guys have got the authority to waive that... TOWN COUNSEL, ROBERT HAFNER-No they don't. REGULAR TOWN BOARD MEETING, 09-28-201 ,MTG 430 989 SUPERVISOR STROUGH- I don't, no we don't. Our Attorney just said, no we don't. All right, thank you Mr. Baker. Is there anything else? I'm sorry MR. BAKER-No. SUPERVISOR STROUGH- Okay. MR. BAKER- ... SUPERVISOR STROUGH- Feel free to represent yourself. We will be making site visits and so we'll be seeing you before the 19th anyways. MR. BAKER- All right. SUPERVISOR STROUGH- Okay? MR. BAKER- So after the 19th, can get the permit to put... SUPERVISOR STROUGH-If this Board approves what you're proposing, yes, but we have to wait until the 19t1i MR. BAKER-... SUPERVISOR STROUGH- Oh, good, yeah. All right. MR. BAKER- Okay. SUPERVISOR STROUGH- Thank you Mr. Baker. Okay, so let's vote on setting the public hearing. Is there a motion to set the public hearing for Harry and Linda Baker's proposed variance application? RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF FRITZ STEFANZICK RESOLUTION NO.: BOH 23,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Fritz Stefanzick has applied to the Local Board of Health for variances from Chapter 136 to place: 1. the replacement absorption field 63' from the existing on-site well instead of the REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 990 required 100' setback; 2. the existing septic tank 26' from the existing on-site well instead of the required 50' setback; and 3. the existing septic tank 5' from the house instead of the required 10' setback; on property located at 43 Hanneford 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 on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Fritz Stefanzick's sewage disposal variance application concerning property located at 43 Hanneford Road in the Town of Queensbury(Tax Map No.: 240.6-1-11) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 24,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town of Queensbury. Duly adopted this 28th day of September, 2015 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 09-28-201 ,MTG 430 991 2.0 PUBLIC HEARING PUBLIC HEARING- GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2016 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2015 SUPERVISOR STROUGH- The average resident is paying about a hundred and thirty dollars ($130)towards this aquatic plant growth control district. I do have to say that the Glen Lake Team is doing a very good job at managing this. We all know they are not going to eliminate it, they manage it, and they're doing a good job at managing it. The water quality in Glen Lake has been extremely, much better than it was, and they are working at making it better all the time. So, there is a public hearing on this. I'll open the public hearing and is there anybody that would like to speak to this particular adopting the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2016? Yes sir, please come forward. JIM MACKEY- I live on Glen Lake, and I'd first like to say, I fully support the resolution that we're talking about here. I would like to remind the Board that these taxes are going toward what is fundamentally remediation. Unlike what is happening in Lake George, I think that the Town Board should pay more attention to issues that will affect the water quality of the Lake other than just removing the invasive species. For example, recently explored the idea of making a slight modification to the structure of my house. The first thing I had to do is demonstrate that my sewer system is fully compliant. On the other hand, I can sell that house and nobody would pay any attention to the sewer system and know that there are sewer systems currently being sold on the Lake that are clearly non-compliant. Something should be done, particularly by the Supervisor and by the Ward Councilman to put pressure on the Association to take action to make sure that our sewer systems are being improved. COUNCILMAN METIVIER-Mr. Mackey, can I interject for a second? MR. MACKEY- Yes. COUNCILMAN METIVIER- On October 14t1i John, we're having a presentation from Kathy Bozony to discuss septic transfer laws that would take place prior to any sale. I would welcome you to come to that workshop. I think it's going to be at 3:30. MR. MACKEY- On the 14t1i I'll be there. SUPERVISOR STROUGH- Yeah, there's a workshop, it's at 3:30. MR. MACKEY- I know there's a lot of... SUPERVISOR STROUGH- Well, and the reason why... COUNCILMAN METIVIER- And that's fine, John, I told you that's fine. SUPERVISOR STROUGH- Okay, all right. COUNCILMAN METIVIER- And it's the 14th right? SUPERVISOR STROUGH- Yes. COUNCILMAN METIVIER- You should come to that because that will absolutely address exactly what you're talking about. REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 992 SUPERVISOR STROUGH- And the other thoughts on that topic are that there has been a discussion. I don't know how wide it's got to be or how popular it is, but to form a septic control district on Glen Lake similar to what we see at Dunham's Bay. MR. MACKEY- I was going to speak to that next as another initiative that I think your Board ought to take and put pressure on the Association to do that. We need that. It's not popular but it doesn't have to be popular but it doesn't have to be popular. Things that improve the quality of the lake don't have to be popular, I don't believe. SUPERVISOR STROUGH- And the other thing too that deals with this topic is we supported the submission of a grant that will investigate possible wastewater alternatives. MR. MACKEY- We know from surveys that have been done on the lake, by taking a survey in front of the properties, it's highly probable that you can tell whether the sewer system on that property is compliant. I encourage the Board to continue to take these initiatives so that we don't have to spend as much tax money on remediation topics. Thank you very much. SUPERVISOR STROUGH- That's a good suggestion. Thank you, Mr. Mackey. All right, anybody else like to speak to the Glen Lake? Okay, I will close the public hearing. RESOLUTION ADOPTING GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 325, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2016 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28th 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2016, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 993 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None PUBLIC HEARING- LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2016 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2015 SUPERVISOR STROUGH- Okay, Lake Sunnyside aquatic plant growth control district, it varies, two ninety (290), one forty-five (145), three sixty-two (362). Two ninety (290) seems to be the most common one, one forty-five (145)... so it depends on your property, what you have on your property, how many units and so forth. So this is a resolution adopting Lake Sunnyside's aquatic plant growth control district. Lake Sunnyside, too, has made great headway in improving the quality of their lake and thanks to this district that they came to us and wanted to form. Is there anybody here form Lake Sunnyside that would like to speak to this? Please come forward. BOB HUNTZ- I live on Lake Sunnyside and am involved with the Association that looks after the protection of our Lake. I didn't plan on saying hardly anything tonight, but hearing the presentation by Dave and thinking logically about it, I thought the whole reason for the program Dave described to you is because other lakes have milfoil, invasives in them, so they have to protect from those things getting into...so every lake that takes care of itself and prevents invasives from producing in their lake is helping Lake George and we're all helping each other and we should all be in this thing together. I know that Lake George, of course, you saw the number how contributions come from many sources to support their program, including the Town of Queensbury supporting that, which is good and that should happen. Glen Lake also receives some money from the County, I don't think from Queensbury this year, but I know the County contributes money to that. I can tell you that Lake Sunnyside has asked for support from other sources like the County and the Town of Queensbury, we've never received any ... the Lake. Many years ago we did receive some help. SUPERVISOR STROUGH- Well, I want you to know Bob that every year I advocate for you. But the one achilles heel that keeps throwing at me ... the requirements is a public access. MR. HUNTZ- Okay, let me speak to that. SUPERVISOR STROUGH- Okay. MR. HUNTZ- I'll make this statement first. Lake Sunnyside is the only Lake of the ones that have been mentioned here tonight, that one hundred percent (100%) of every dollar that's spent on the Lake is paid for by the residents of the Lake. There is no money coming from any other source. That's not true for Lake George. In fact, I was told that if a person owns a house on Lake George, they are not required to pay anything. They are allowed to contribute but they're not REGULAR TOWN BOARD MEETING, 09-28-201 ,MTG 430 994 required to pay. On Lake Sunnyside everybody who lives there is part of this tax district and they have to pay the taxes, so one hundred percent (100%) of all the money comes from the residents on Lake Sunnyside. Now you've mentioned ... and the reason for that is there is no public access on Lake Sunnyside. And that's true, there is not. However, I'd love to ask this question. Anybody in this room who is a fisherman, have you ever fished on Lake Sunnyside? I'll bet every fisherman in this room would put their hand up, that sometime they have fished on Lake Sunnyside. Also, this December, remember how we got a very cold spell last December, early on before Christmas? Sunnyside was like glass, it was perfect ice on the whole lake. My grandkids were out there skating all over the place. That afternoon there were four (4) hockey games going on on Lake Sunnyside that were set up by local teenagers, young men, young women, all out there playing hockey and having a ball. Ninety percent (90%) of them do not live on Lake Sunnyside. Technically, they shouldn't be there, but we relish having them there because it's fun and they should be able to enjoy Lake Sunnyside. So, I know the public hearing tonight is about our taxes. The taxes, by the way, what we're asking for is exactly the same as last year for the residents to pay, no increase. We're hoping that next year we'll be able to reduce them a little bit because we were so successful this year. I don't know if any of you have been on Lake Sunnyside this year, ... the water's clear, the water's clean and weed free. We treated with some chemicals. We can do that; Lake George can't because they're in the Park. We did treat and it was extremely successful. We don't know how long it's going to last so we need money in advance so that if we do have to start harvesting next year, which ...our plan that we'll have the funds to be able to do it. SUPERVISOR STROUGH- Yeah. MR. HUNTZ- So we thank the Town Board for their support, for letting us have this tax district, and get the money in. We would certainly appreciate any other help that might come along. SUPERVISOR STROUGH- Bob, I want to say that I often brag about your management, your leadership for doing a great job on Lake Sunnyside. MR. HUNTZ- Thank you. SUPERVISOR STROUGH- Yes. COUNCILMAN METIVIER- And the Lake does look beautiful this year. COUNCILMAN CLEMENTS- It does. COUNCILMAN METIVIER- It really does. SUPERVISOR STROUGH- Okay, anybody else wish to speak to Lake Sunnyside's benefit tax roll for 2016? Seeing none, Town Board motion to introduce... RESOLUTION ADOPTING LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 326, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 995 WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2016 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28t1i 2015 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2016, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES None ABSENT: None PUBLIC HEARING- NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT- DUNHAM'S BAY BENEFIT TAX ROLL FOR 2016 NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 18, 2015 SUPERVISOR STROUGH- Okay, and this is a benefit tax roll for the North Queensbury Wastewater Disposal District #1, or AKA Dunham's Bay Wastewater Disposal District. The average amount per residence appears to be around sixty-nine dollars ($69). We will have a public hearing on this. Is there anybody wishes to speak to this tonight? Yes, sir. ALLEN RIGLEY- I'm the chairman of the recently created Advisory Board for the North Queensbury Wastewater Disposal District #1. The basic purpose of setting up the Advisory Board is to work on collecting current data on the existing on-site septic systems for all the properties located in the district, and then to work to enhance as needed any of the systems that need to be improved. The ultimate goal being to protect the quality of the water in Dunham's Bay. We have an eleven (11) member Board of Advisors. So far this year we've run inspections on about a third of the properties, there's sixty-one (61) parcels located in the district. Next year we hope to complete nearly all of them. We're working on a new process to do that. So far we have two (2) new enhanced treatment systems installed on the bay and there are six (6) more in the works. Our cottage is getting one hopefully in the next week or two (2). These enhanced REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 996 treatment systems emit at the end of the treatment system itself into the leech field water that is virtually drinkable. ...Contain infrared treatment system on the water once everything...as well. Thereby further enhancing what's left out there. We haven't gotten as far as we wanted to the first year, but since this is our first time at it, we think we've done reasonably well. We just would appreciate your approving what our requested budget is for next year so that we can move forward and continue the work. SUPERVISOR STROUGH- It's the first of its kind in the State and you have a lot of people looking at you. Again, I want to thank you and Len and Barbara Simms and the others who have provided, and John Salvador, provided the leadership to make this go. MR. RIGLEY- Thank you. SUPERVISOR STROUGH- Okay, thank you. MR. RIGLEY- Any questions from the Board? SUPERVISOR STROUGH- Any questions? COUNCILMAN CLEMENTS- Great project, thank you. COUNCILMAN METIVIER-yeah, it's wonderful, thank you. SUPERVISOR STROUGH- Anybody else like to speak to North Queensbury's Wastewater Disposal District Benefit Tax Roll for 2016? Seeing none, I'll entertain a motion. RESOLUTION ADOPTING NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT- DUNHAM'S BAY- BENEFIT TAX ROLL FOR 2016 RESOLUTION NO.: 327, 2015 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, in accordance with New York State Town Law §202 and §202-a, the Queensbury Town Board has prepared the North Queensbury Wastewater Disposal District — Dunham's Bay - Benefit Tax Roll for 2016 assessing the expense of district improvements of general sanitary sewers located in the North Queensbury Wastewater Disposal District —Dunham's Bay and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 28th 2015 and heard all interested persons, REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 997 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the North Queensbury Wastewater Disposal District — Dunham's Bay - Benefit Tax Roll for 2016 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN.) NO COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2015/2016 AND PROVISION OF 2015 STANDARD YEAR END SERVICES RESOLUTION NO.: 328,2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2015/2016, and the 2015 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX's Service Fee Agreement presented at this meeting, and WHEREAS, PENFLEX will provide these services for a total estimated cost of$12,745, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 998 RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the engagement of PENFLEX, INC. to provide administration and support services during 2015/2016 and the 2015 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program for a total estimated cost of $12,745, to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the agreement with PENFLEX, INC. substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES None ABSENT: None ABSTAIN: Mr. VanNess RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT QUEENSBURY PARTNERS, LLC'S APPLICATION FOR FOWLER SQUARE PLANNED UNIT DEVELOPMENT TO QUEENSBURY PLANNING BOARD AND REQUESTING PLANNING BOARD TO SEEK LEAD AGENCY STATUS RESOLUTION NO.: 329, 2015 INTRODUCED BY: Mr. Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Queensbury Partners, LLC has submitted an application dated August 17, 2015 to the Queensbury Town Clerk's Office for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development" and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for PUD's are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-12-050 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the application and take such other action as it shall deem necessary and proper, and REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 999 WHEREAS, prior to making a decision about whether to approve the requested PUD, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA), for potential environmental effects, and WHEREAS, the Town of Queensbury's Planning Board previously reviewed Queensbury Partners, LLC's prior identical Site Plan Review application and therefore the Planning Board has the necessary knowledge and experience to conduct any necessary SEQRA review and evaluate the potential environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward Queensbury Partners, LLC's August 17, 2015 application for a Planned Unit Development (PUD) entitled, "Fowler Square Planned Unit Development" to the Queensbury Planning Board for report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for any needed SEQRA review of this project, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any documents and take any other necessary actions to effectuate the terms of this Resolution and further authorizes and directs the Town's Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board's consent to the Planning Board serving as Lead Agency for SEQRA Review of the PUD. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. VanNess NOES Mr. Clements, Mr. Irish ABSENT: None RESOLUTION AUTHORIZING GRANT APPLICATION FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION FOR FUNDS TO BE USED FOR TOWN COURT IMPROVEMENTS RESOLUTION NO: 330,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1000 WHEREAS, the Town of Queensbury's Justice Court has advised the Town Board that a Capital Improvement Fund Grant from the New York State Office of Court Administration (OCA) is now available to provide funding to the Town for Town Court improvements, and WHEREAS, the Town Board wishes to authorize an application for these grant funds up to the maximum grant amount available, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor and/or Town Justices to apply for a Capital Improvement Fund Grant, up to the maximum grant amount available, from the New York State Office of Court Administration(OCA) to be used by the Town for Town Court improvements and take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PRE-ENTITLEMENT AGE PAYOUT OF VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM RETIREMENT BENEFITS TO FREDERICK SCHAFF RESOLUTION NO.: 331,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board previously adopted a Volunteer Fire Fighter Service Awards Program, and WHEREAS, the Town Board previously authorized engagement of PENFLEX, Inc., the Town's Service Award Program Specialists, and WHEREAS, the Town's Service Award Plan provides that volunteers may receive their retirement benefits upon reaching the age of 62, and REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1001 WHEREAS, by letter to the Town dated September 15t1i 2015, PENFLEX, Inc., has advised the Town Board that Frederick Schaff, a 52 year old member of the South Queensbury Volunteer Fire Company, has requested Town Board authorization for an early payout of his Service Award Plan retirement benefits in the amount of approximately $9,538.05, as Mr. Schaff has suffered a qualifying, total and permanent disability which now prevents him from being an active member of such Fire Company, and WHEREAS, the Town Board may grant early payouts on a case-by-case basis, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board has considered the request of Mr. Frederick Schaff and as a result of Mr. Schaff s qualifying, total and permanent disability, hereby authorizes the pre-retirement, early payout of Service Award Plan retirement benefits to Mr. Schaff in the approximate amount of$9,538.05 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any needed documentation to effectuate such payout and transmit a certified copy of this Town Board Resolution to PENFLEX, INC., and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF JESSICA HILL AS PART-TIME CLERK IN TOWN HISTORIAN'S OFFICE RESOLUTION NO.: 332,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 39,2015, the Queensbury Town Board established a part- time Clerk position to provide for part-time assistance in the Town Historian's Office, and REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1002 WHEREAS, the current part-time Clerk has left employment and therefore the Town Historian has requested Town Board approval to hire Jessica Hill as such part-time Clerk on an "as needed" basis, up to 10 hours weekly, to scan Town historical photos into the Town's data base, until such photo scanning project is completed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jessica Hill to work as a part-time Clerk in the Town Historian's Office to work on an "as needed" basis, up to 10 hours weekly, to scan Town historical photos into the Town's data base until such photo scanning project is completed, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Ms. Hill shall be paid $15 per hour to be paid from the appropriate payroll account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Historian to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF SUNNY SWEET AS OFFICE SPECIALIST IN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 333, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1003 WHEREAS, the Town of Queensbury's Director of Planning, Zoning and Code Compliance (Director) has advised the Town Board that there is a vacant, Office Specialist position in the Department as a result of a recent retirement, and WHEREAS, the Director posted availability for the position, reviewed the current Warren County Civil Service List for the position, reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the provisional employment of Sunny Sweet as Office Specialist as Ms. Sweet meets the requirements for the position and is listed as a valid candidate on the Warren County Civil Service List for the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Sunny Sweet as a full-time Office Specialist in the Town's Community Development Department effective on or October 1St, 2015 subject to Ms. Sweet's passing of a pre-employment physical as required by Town Policy, completion of a six (6) month probationary period and any other applicable Civil Service requirements, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening and BE IT FURTHER, RESOLVED, that Ms. Sweet shall be paid the hourly rate of pay for the Office Specialist position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Director of Planning, Zoning and Code Compliance and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF DAVID BOWMAN FROM LIGHT MOTOR EQUIPMENT OPERATOR TO WORKING SUPERVISOR IN TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 334, 2015 REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1004 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury's Parks and Recreation Director (Director) has advised that there is currently a vacancy in the Working Supervisor position in the Town Parks and Recreation Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Director posted for such position, and WHEREAS, David Bowman, a current full-time Light Motor Equipment Operator(LMEO) within the Department, has been performing the duties of the position since March, 2015 and has requested a promotion to the position, and WHEREAS, the Director and Town Recreation Commission recommend that the Town Board authorize the promotion of David Bowman from LMEO to Working Supervisor as Mr. Bowman has met the qualifications and has the required job experience for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of David Bowman from Light Motor Equipment Operator (LMEO) to Working Supervisor in the Town Parks and Recreation Department effective on or about September 29th, 2015 at the rate of pay specified in the Collective Bargaining Agreement between the Town and CSEA for the Working Supervisor position for the year 2015, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION SUPPORTING NEW YORK STATE'S 2017 SUFFRAGE CENTENNIAL AND 2020 NATIONAL SUFFRAGE CENTENNIAL REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1005 RESOLUTION NO.: 335, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury, New York has a rich tradition of artistic, literary, business and activist expression by women, and New York State is considered the "Cradle" of the women's rights movement in the United States, and WHEREAS 2017 is the centennial observance of the 1917 victory of women winning voting rights in New York State; and WHEREAS 2020 is the National centennial observance of the ratification of the 19th Amendment to the U.S. Constitution that guaranteed American women the right to vote, and WHEREAS, local exhibits, programs, events and celebrations pertaining to women and their campaigns for equal rights contribute to overall happiness, raise spirits and morale, and contribute to local economic development through sustainable cultural heritage tourism and affirm the community's commitment to equality that is part of our Town history and heritage, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby supports the Town of Queensbury, New York's preparation for the State 2017 and National 2020 women's suffrage centennial celebrations by encouraging individuals and businesses, arts, cultural, governmental, service and political organizations and groups to plan and coordinate events pertaining to women and their accomplishments to be held during the years 2017 and from now through 2020, in addition to participating in regional and statewide networks promoting such initiatives, including the New York State Path Through History tourism network, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1006 RESOLUTION ACKNOWLEDGING AND ACCEPTING REQUIRED AUDIT RELATING TO QUEENSBURY TOWN COURT RECORDS RESOLUTION NO.: 336, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 337,2011, the Queensbury Town Board engaged the auditing services of Bollam, Sheedy, Torani & Co., LLP, CPA's (now known as SaxBST) to provide cash receipts and disbursement auditing services to the Town of Queensbury for the years ending December 31, 2011, 2012, 2013, 2014 and 2015, and WHEREAS, the New York State Uniform Justice Court Act §2019-a and Town Law §123 set forth annual reporting, accounting and audit requirements for Town Courts, and WHEREAS, in accordance with such laws, the Town Board reviewed the audit reports pertaining to the Queensbury Town Court for the year ended December 31, 2014 and the Town Board wishes to acknowledge and accept the audit as having fulfilled the Town Board's responsibility to audit the Town Justices' records, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby acknowledges and accepts the audit of the Queensbury Town Justice Court's records for the year ended December 31, 2014 as required by New York State Uniform Justice Court Act §2019-a and Town Law §123 as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to provide a copy of such audit and a certified copy of this Resolution to: Joan Casazza, Internal Control Liaison, New York State Office of Court Administration, 2500 Pond View, Suite LLO1, Castleton-on-Hudson, NY 12033, and the Town Supervisor, Town Justices 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 14th day of September, 2015, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1007 NOES None ABSENT None RESOLUTION AUTHORIZING CHEAP PETE'S LAWN CARE TO MOW AN ADDITIONAL ABANDONED OR NEGLECTED PROPERTY IN TOWN OF QUEENSBURY RESOLUTION NO.: 337,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by previous Resolution Nos: 168, 254 and 266,2015, the Queensbury Town Board approved the Director of Building and Codes Enforcement's (Director) engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care for certain properties in states of serious neglect, and WHEREAS, the Director has advised the Town Board of an additional property in a similar state of neglect located at 229 Corinth Road in the Town of Queensbury, and WHEREAS, an additional property located at 43 Lambert Drive in the Town of Queensbury is also in a similar state of neglect, and WHEREAS, although the Town Court can impose fines, it lacks the authority to mandate ongoing maintenance, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, NOW, THEREFORE, BE IT, REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1008 RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owners of Record as set forth above requiring that they mow the lawn on their land and clean up paper, discarded construction and other debris around the property within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement's engagement of Cheap Pete's Lawn Care for the amount of $250 for a one-time cleanup of the 229 Corinth Road property, i.e., mowing, trimming and debris removal, in accordance with Cheap Pete's Lawn Care's September 14, 2015 Estimate, and the amount of $250 for a one-time cleanup of the 43 Lambert Drive property, i.e., mowing, trimming and debris removal, to be paid upon Cheap Pete's Lawn Care completing the work and submitting a proper invoice to the Town outlining the date on which the property was mowed and cleaned-up, to be paid for from Account No.: 001-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $500 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Tax Receiver of the total expenses of such cutting, trimming, removal or spraying of such property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015, by the following vote: REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1009 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 28 ESTABLISHING THROUGH HIGHWAYS AND STOP INTERSECTIONS IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, NEW YORK RESOLUTION NO.: 338, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury has in effect Ordinance No. 28 - Ordinance Establishing Through Highways and Stop Intersections in the Town of Queensbury, County of Warren, New York and this Ordinance lists the stop intersections and signs located within the Town of Queensbury, and WHEREAS, the Town Board wishes to consider amending Ordinance No. 28 by adding a four-way stop intersection at the intersection of Dorlon Drive, Baybridge Drive and Gentry Lane, and WHEREAS, the Town Board wishes to set a public hearing concerning this proposed Amendment to Ordinance No. 28, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing on Monday, October 19th 2015 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to consider the proposed Amendment to Town Ordinance No. 28, hear all interested persons and take any necessary action provided by law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish and post a Notice of Public Hearing in the manner provided by law. Duly adopted this 28th day of September, 2015, by the following vote: AYES : Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1010 NOES : None ABSENT: None RESOLUTION AUTHORIZING SERVICE REQUEST FORM/ AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GTM PAYROLL SERVICES, INC. REGARDING AFFORDABLE CARE ACT REPORTING SOLUTIONS RESOLUTION NO.: 339, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, by Resolution No.: 463,2014, the Queensbury Town Board authorized engagement of GTM Payroll Services, Inc., (GTM) for provision of professional payroll services, and WHEREAS, the Town wishes to enter into an Agreement with GTM for additional services to ensure the Town's compliance with the additional reporting requirements of the Affordable Care Act, and WHEREAS, a proposed Service Request Form/Agreement between the Town and GTM is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the GTM — Affordable Care Act Reporting Service Request Form/Agreement between the Town and GTM Payroll Services, Inc., (GTM) to ensure the Town's compliance with the additional reporting requirements of the Affordable Care Act, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the GTM-Affordable Care Act Reporting Service Request Form/Agreement substantially in the form presented at this meeting along with any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 28th day of September, 2015, by the following vote: REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1011 AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ACCEPTANCE OF 9 HOLES OF GOLF FOR TWO FROM BAY MEADOWS GOLF COURSE RESOLUTION NO.: 340, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Town of Queensbury has received a donation of nine holes of golf for two from the Bay Meadows Golf Course, and WHEREAS, the Town Board is honored by this generous offer and wishes to authorize and use such donation as an incentive/raffle during the Town of Queensbury's Wellness Day on October 9th 2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of nine holes of golf for two from the Bay Meadows Golf Course and the use of such donation as an incentive/raffle during the Town of Queensbury's Wellness Day on October 9t1i 2015, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a certified copy of this Resolution to Bay Meadows Golf Course with a letter from the Town thanking them for their generosity. Duly adopted this 28th day of September, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2015 BUDGET REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1012 RESOLUTION NO.: 341, 2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2015 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-9730-7030 BAN Interest 2,750 001-1990-4400 Contingency 001-1315-4451 PR Processing 7,000 001-1990-4400 Contingency 001-1440-4720-400 Engineering 25,000 Duly adopted this 28th day of September, 2015 by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None AB SENT : None RESOLUTION APPROVING AUDIT OF BILLS WARRANT OF SEPTEMBER 29TH, 2015 RESOLUTION NO.: 342,2015 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr. Doug Irish WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of September 24 th 2015 and a payment date of September 291h, 2015, REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1013 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of September 24th, 2015 and a payment date of September 29th, 2015 totaling $1,021,873.78, 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 28th day of September, 2015, by the following vote: AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough NOES None ABSENT: None 5.0 CORRESPONDENCE- ROSE MELLON, DEPUTY TOWN CLERK II- Presented the 2016 Tentative Budget to Town Board Members. 6.0 PRIVILEGE OF THE FLOOR(LIMIT- 4 MINUTES) JOHN SALVADOR- Spoke regarding resolutions authorizing the Highway Department to purchase two (2) snow plow trucks. RON BALL- Questioned the Board whether Hacker Craft will be going to Halls Boats? COUNCILMAN METIVIER-Explained not for operation but for a second launch facility. MR. BALL- Asked the Board if a Cumberland Farms will be going in where the Loft Restaurant is on Route 9? The area is so congested. SUPERVISOR STROUGH- I have not heard that. There will be a traffic study on that whole area. We want to look at how we can improve the traffic flow and not deter people from shopping in those areas. We want to improve the traffic flow for the Great Escape area so that we can keep the economic vitality that we enjoy, and maybe even make it better. LUCAS DOBIE- • Pleased to hear about the traffic studies and the forward thinking, fresh ideas. • Happy to see the Board working together for the sewer issues on Bay Road in getting these projects moving and the PUD. He noted his faith in the Boards with the Fowler Square plan to get a beautiful project going. • The Supervisor was kind enough to read his letter from a couple of months back talking about the Haviland/Bay Road intersection. This is a dangerous area and needs to be improved. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I)- • Queensbury School hosted the 14th annual cross country invitational over the weekend. It was a fantastic event. A special thanks to Coach Sullivan and Coach Underwood, they go REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1014 above and beyond. Thanks to the grounds crew, they were amazing. It was a beautiful weekend. There were a lot of things going on over the weekend. • Had to call the fire department this past weekend. Thanked Bay Ridge for being there on time and with the equipment needed to get the job done. They were very courteous and professional. These people are working men and women who are taken away from their jobs and don't think twice about it. COUNCILMAN IRISH- We hear a lot of people talk about the cost of fire and EMS in the Town of Queensbury, but when you need them and they are there, especially if it's a life threatening matter, it's worth every penny you pay at that point. Our folks are all volunteers. They get out of bed at two or three o'clock in the morning to respond to calls and still they go to work and they will do it again the next night. To Tony's point, I think they deserve a lot of credit and certainly our thanks. COUNCILMAN CLEMENTS (WARD II)- Thanked the taxpayer of Sunnyside, Glen Lake an Dunham's Bay. They are doing a great job keeping the waters clean. COUNCILMAN IRISH (WARD III)-Thanked all of the military men and women. Asked any Town resident with a son, daughter, father husband, wife, etc. in the military to send an email to dougigqueensbury.net or QbySupervisor c,queensbury net. We would like to recognize everybody in the Town of Queensbury that has chosen to serve our Country. COUNCILMAN VANNESS (WARD IV)- • With regards to Councilman Irish' comments. His own son has made the Navy Seal Program. He has been in for ten (10)weeks and has been ranked E-3. That is quite and accomplishment and something to be very proud of • Would like to see the sewer come into the Corinth Road Corridor. SUPERVISOR STROUGH- • Reviewed for residents the Town's fall yard waste pick-up schedule. • There will be a solar roundtable on Thursday, October 15, 2015 at 7:00pm at the Queensbury Activities Center. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ENTERING EXECUTIVE SESSION RESOLUTION NO.: 343, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into Executive Session to discuss performance of a particular Town employee. Duly adopted this 28th day of September, 2015 by the following vote: AYES:Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.: 344, 2015 REGULAR TOWN BOARD MEETING, 09-28-2015,MTG 430 1015 INTRODUCED BY: Mr. Doug Irish WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Executive Session and moves back into Regular Session. Duly adopted this 28th day of September, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements NOES: None ABSENT: None RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 345, 2015 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 28th day of September, 2015, by the following vote: AYES: Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury