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5.10 5.10 SERVICES\Solitude Lake Management—Glen Lake Aquatic District—Waive Purchasing Policy—2-22-16 RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR PROVISION OF HERBICIDE TREATMENT FOR CONTROL OF EURASIAN WATER MILFOIL AND ILLINOIS PONDWEED IN CONNECTION WITH THE AQUATIC VEGETATION MANAGEMENT PROGRAM FOR GLEN LAKE IN 2016 RESOLUTION NO.: ,2016 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS,by Resolution No.: 325,2015,the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2016,and WHEREAS, by Resolution No.: 112, 2015, the Town Board authorized engagement of Allied Biological for the Aquatic Vegetation Management Program for Glen Lake in 2015, which Program provided for Allied Biological's herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors,and WHEREAS, the Town Board therefore wishes to engage the services of Solitude Lake Management, formerly known as Allied Biological, for an Aquatic Vegetation Management Program for Glen Lake in 2016 in accordance with Solitude Lake Management's January 25, 2016 proposal presented at this meeting, and WHEREAS,the Town will adhere to all New York State Law bidding requirements,and NOW,THEREFORE,BE IT RESOLVED,that the Queensbury Town Board reviewed SEQRA and determines that there shall be a Negative Declaration,and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Solitude Lake Management for an Aquatic Vegetation Management Program for Glen Lake in 2016, such Program to provide for herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, in accordance with Solitude Lake Management's January 25, 2016 proposal presented at this meeting, up to a total cost of$35,000, which includes Solitude Lake Management's administration of the Aquathol-Super K treatment at $762 per acre (10 acre minimum - with a maximum of 37 acres), permitting fees of$1,150 and the Aquatic Macrophyte Survey for $3,930.00, contingent upon the Town's receipt of a proper certificate of insurance in form acceptable to the Town, and the final agreement to also be in form acceptable to the Town Supervisor and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051- 8790-4400 not to exceed $35,000 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 22nd day of February,2016,by the following vote: AYES : NOES : ABSENT: SOLITUDE LAKE MANAGEMENT • January 25,2016 Purchasing Agent Accounting Office Town of Queensbury 742 Bay Road Queensbury,NY 12804 AQUATIC VEGETATION MANAGEMENT PROGRAM GLEN LAKE WARREN COUNTY,NY SOLITUDE LAKE MANAGEMENT is submitting a proposal for an Aquatic Vegetation Management Program for Glen Lake in 2016. The Program is intended to provide herbicide treatment for control of Eurasian watermilfoil (Myriophyllum spicatum) within portions of Glen Lake, identified by our 2015 vegetation survey. Actual management work could start as early as May pending permit approvals. The 2015 Aquatic Vegetation Management Program calls for vegetation control using Aquathol K (a.i. endothall) and Navigate(a.i. 2-4D). Aquathol K, a liquid product, is used to treat a broad range of nuisance aquatic plant species, and is effective on Eurasian milfoil. Navigate is a granular herbicide that selectively treats dicots such as Eurasian watermifoil and Lilies while leaving other native vegetation unharmed. A combination treatment with Aquathol K (0.75 ppm) and Navigate (lppm) is recommended for the control of Eurasian watermilfoil within Glen Lake. This treatment plan has been tested locally and by the Army Corps of Engineers (USACE) with the treatment demonstrating excellent results on Eurasian watermilfoil. Due to label restrictions, only some of the treatment areas will be allowed for treatment with a combination of Aquathol and Navigate. Treatment is recommended early in the growing season(May-mid June)to limit exposure and impacts on slower-growing native plant species. A treatment of just Aquathol K at 2.0 ppm in split applications (morning and evening) is also recommended for the sections a combination treatment is not allowed 12.79 acres. The split application will occur within the same day or preferably back to back days in order to increase the contact time. A pre-treatment survey will be scheduled for early May and a final treatment map will be created and sent to the client for approval of treatment zones. The herbicide treatments will be conducted utilizing a boat-mounted GPS/WAAS receiver with sub-meter accuracy to accurately identify the size and area of application. Treatment areas will be recorded on GIS-based maps and forwarded to the GLPA electronically with hardcopy backups. Applications of Aquathol K and Navigate will be completed within two works days, and will not be conducted on a Friday, Saturday or Sunday. Revised Aquathol water use restrictions prevent potable water use until the measured endothall level is below 0.05 ppm. SOLitude Lake Management will collect water samples 5 days after treatment and overnight these to the appropriate lab for analysis. Analytical results will be returned within 48-72 hours. If residues remain above 0.1 ppm,the sites will be re- sampled at 5-day interval post treatment if necessary. Our expectation is that endothall residues will drop below the potable water threshold by no later than 10 days' post treatment. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 ( 888.480.LAKE (5253) SOLITUDELAKEMANAGEMENT.COM Page 2 of 4 Water Use Restrictions are as follows: PRODUCT 3 IR "��IVEST^O J 'NAME CONS TI RAA I NT ON C�ONHSUUMMAPTN I O Aquathol 24 hours 24 hours 7 days 14 days <50 ppb Navigate 24 hours 24 hours < 100 ppb 24 hours <70 ppb *Do not apply product within one quarter of a mile of any functioning potable water intake or livestock watering area *NYSDEC Regulation will require notification to all residence 3.25 miles downstream The 2016 Aquatic Vegetation Management Program also includes conducting a post-treatment Aquatic Macrophyte Survey approximately 60 days after the application. The macrophyte survey will be used to show the effectiveness of the herbicide treatment during the 2016 season and will provide data that will be used to comply with 2017 NYSDEC permit requirements. The survey will follow the rake toss method and each point will have GPS coordinates. There will be 177 points surveyed within the littoral zone of Glen Lake. Each sample point will include aquatic plant species present and their relative densities. The survey results will be an atlas of maps of each individual aquatic plant species found in the lake and will help guide management for 2017. PERMITS SOLITUDE LAKE MANAGEMENT will prepare and submit the appropriate permit applications. Permit approval will require approximately 8-12 weeks to obtain. Two new Aquatic Pesticide Permits and a Wetland Permit will be required for 2016. Current NYSDEC permitting requirements must include compliance with the State Pollution Discharge Elimination Permit(SPDES). SOLITUDE LAKE MANAGEMENT will submit the SPDES NOI application in 2016. CLIENT RESPONSIBILITIES 1. Conduct the NYSDEC riparian owner and user notification of properties within the treatment area and within %2 mile downstream. SOLITUDE LAKE MANAGEMENT can conduct this notification for an additional fee of $5.75 per piece. The Client is responsible for supplying the appropriate list of addresses for this notification. 2. Enforce any water use restrictions imposed by NYSDEC. CERTIFICATION SOLITUDE LAKE MANAGEMENT is listed with the NYSDEC as a registered applicator of aquatic herbicides and algaecides. Supervisory personnel and applicators hold current certification from the Department. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of Solitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 1888.480.LAKE (5253) I SOLITUDELAKEMANAGEMENT.COM Page 3 of 4 INSURANCE SOLITUDE LAKE MANAGEMENT carries Workers Compensation, General Liability, Property Damage, Professional Liability, and Environmental Liability Insurance, which will remain in full effect throughout the term of this contract. A certificate of insurance is available upon request. CONTRACT PRICE: The fee to conduct Aquatic Vegetation Management for Glen Lake in 2016, including all materials and labor, will be based on the following fees: 2016 AQUATIC VEGETATION CONTROL PROGRAM Aquathol K treatment(12.79 acres) $5,249.50(Includes 190 gallons of free Aquathol K) Aquathol K &Navigate treatment $ 762.00 per acre(10 acre minimum) Aquatic Macrophyte Survey $3,930.00 Permit Application Fee(2 products) $1,150.00 (Wetland permit&2 products) Modeling Fee $300.00 PAYMENT TERMS: Acceptance of this Proposal can be made by returning of one signed copy. Please include the 2016 permit application fee and modeling fee ($1,450.00) made payable to SOLitude Lake Management with the signed agreement. APPROVED: SOLitude Lake Management® (Authorized Signature) (Print Name and Title) (Date) Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 580 ROCKPORT ROAD, NACKETTSTOWN, NJ 07840 ( 888.480.LAKE (5253) ( SOLITUDELAKEMANAGEMENT.COM Page 4 of 4 General Conditions • Company will continue to maintain all appropriate licensing necessary to perform all specified work in a safe and legal manner throughout the entire contract period. • Company will furnish personnel,equipment, boats,materials, and other items required to provide the forgoing at his expense. • Company is dedicated to environmental stewardship in all of its work and maintains a diligent program to recycle all plastic containers,cardboard,paper and other recyclable wastes generated through the performance of our contract work. • Company will maintain general liability and workman's compensation insurance. • Company shall be reimbursed by the Client for any non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on the Company by the Client that are not covered specifically by the written specifications of this contract. • Neither party may assign this Agreement without the written consent of the other party;provided,that Company may assign this Agreement upon the merger, reorganization,consolidation, change of control or sale of all or substantially all of the assets of Company. This Agreement shall inure to the benefit of, and be binding upon,the parties and their respective successors and permitted assigns. • The Client agrees to pay penalties and interest in the amount of 2%per month for all past due invoices and related account balances in excess of 30 days past due from the due date as specified by the contract and as stated on the relevant invoice presented to the Client. • The Client covenants and agrees to pay reasonable attorney's fees and all other related costs and expenses for collection of past due invoices and account balances and for any other actions required to remedy a material breach of this contract. Competitively Sensitive&Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management.This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. 580 ROCKPORT ROAD, HACKETTSTOWN, NJ 07840 j 888.480.LAKE (5253) 1 SOLITUDELAKEMANAGEMENT.COM 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Town of Queensbury Name of Action or Project: Glen Lake Project Location(describe,and attach a location map): Glen Lake,Queesnbury,Warren County,NY Brief Description of Proposed Action: The herbicidess Aquathol K(Endothall)and Navigate(2-4D)are wi be applied up to XXXXX acres of the littoral zone within Glen Lake to control the nuisance plant specie Eurasian Milfoil(Myriophyllum spicatum).The treatment may occur durin gthe time period of 5/1/15 to 8/31/15. Eurasian watermilfoil are known to affect recreational oppurunitties and property values. At the end of the 2015 season,Eurasian watermilfoil was stil present in a few locations due to limited success from the 2015 treatmetn. The Town of Queensbury and the Glen Lake Protective Association would like to treat these areas to prevent further spread. Name of Applicant or Sponsor: Telephone: 518-623-1285 Town of Queensbury E-Mail: johns @queensbury.net Address: 53 Lake Shore Drive City/PO: State: Zip Code: Queensbury NY 12804 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: NYSDEC-Aquatic Pesticide and Freshwater wetland permits. Notice of Intent permit-NYSDEC 1-1 151 3.a.Total acreage of the site of the proposed action? 320 acres b.Total acreage to be physically disturbed? 35 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 320 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ID Urban Rural(non-agriculture) ID Industrial El Commercial OResidential(suburban) mForest OAgriculture Aquatic 10 Other(specify): Public Recreation and Wildlife Habitat ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ 0 b.Consistent with the adopted comprehensive plan? ❑ E ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ NI 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES 4 ❑ b.Are public transportation service(s)available at or near the site of the proposed action? 0 ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? n 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: on 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ N/A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ N/A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ NI b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Wetland CF-21, The goal of the project is to control the invasive aquatic plant species Eurasian water milfoil 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: m Shoreline ❑Forest ❑Agricultural/grasslands El Early mid-successional m Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ 16.Is the project site located in the 100 year flood plain? NO YES L✓I I I 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO OYES rA ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO DYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ fil 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: I I 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I I I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning 11.1 regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 0 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. INCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 12-12-79(3/99)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number Date 02-22-16 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8(State Environmental Quality Review Act)of the Environmental Conservation Law. The Queensbury Town Board as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared. Name of Action: Glen Lake SEQR Status: Type 1 Unlisted Conditioned Negative Declaration: Yes No Description of Action: Herbices Aquathol K(Endothall)and Navigate(2-4D)will be applied up to 37 acres of the littoral zone within Glen Lake to control nuisance plant specie Eurasian Milfoil (Mvriophvllum spicatum). Location: (Include street address and the name of the municipality/county.A location map of appropriate scale is also recommended.)Glen Lake,Town of Queensbury,Warren County, New York SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a)-(c)for requirements of this determination ;see 617.7(d)for Conditioned Negative Declaration) If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period(not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: JONI RS '10(51q,Tq t9el 5,acrviSa Address: 141 9xij Gait-de 's(aUyy, NY/7.60 . Telephone Number: 616 lot g ZZ`=j For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer,Town/City/Village of Other involved agencies(If any) Applicant(If any) Environmental Notice Bulletin,Room 538,50 Wolf Road,Albany NY, 12233-1750(Type One Actions only)