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2017-02-27 MTG#6 REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 63 REGULAR TOWN BOARD MEETING MTG#6 FEBRUARY 27, 2017 RES#48 7:00 P.M. B.H.# 6 LL#3, 2017 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN DOUG IRISH COUNCILMAN WILLIAM VANNESS BOARD MEMBERS ABSENT BRIAN CLEMENTS TOWN COUNSEL KARA L LAIS, ESQ. TOWN OFFICIALS CHRIS HARRINGTON, SUPERINTENDENT OF WATER DEPARTMENT PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN WILLIAM VANNESS SUPERVISOR STROUGH-Opened meeting. Presented Proclamation to Marilyn VanDyke, PHD eR Cal Fawn ofQucensb WHEREAS, the Queensbury Town Board wishes to recognize the retirement of Dr. Marilyn VanDyke, who has been the town's dedicated historian for the Town of Queensbury for 25 years, replacing Dr. Eisenhart in 1991, and WHEREAS, as the town's historian, Dr. VanDyke has collected, preserved, and disseminated the history of the town; answered queries related to the history of Queensbury, helped students, assisted researchers with family history, provided research and advice to the town and its residents on historic preservation planning, and WHEREAS, she has served on historic committees as a representative of the town and worked with volunteer staff of interested citizens with accessing of materials, clipping news articles for the town scrapbook, filing, and data entering, and WHEREAS, Dr. VanDyke has gone above and beyond in giving her expertise, dedication, responsibility, respect, and life experience for the betterment of the Town of Queensbury in the Historian's Department all these years, and WHEREAS, Dr. VanDyke deserves special recognition of her accomplishments throughout the years and her commendable service to the Town of Queensbury's Historian Department and the Queensbury Town Board wishes to formally salute and recognize Dr. VanDyke for representing and serving the Town of Queensbury in such an exemplary manner, and WHEREAS, Dr. Marilyn VanDyke has received the following recognitions: Appointed Town Historian (1991), the Chapman Museum Preservation Award (1997), named Outstanding Historian by NYS Association of Municipal Historians (1998), President of the Warren County Historical Society (2001), asked to train new historians at the Association of Public Historians of NY (2003), named Registered Historian (2003), appointed to represent Queensbury for Lakes to Locks (2004), named Woman of Distinction by the Adirondack Girl Scout Council (2007), named REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 64 Executive Director of the Warren County Historical Society (2008), honored by Chapman Museum for Outstanding Contribution to Local History (2009), and WHEREAS, Dr. Marilyn VanDyke has composed the following exhibits: The Ellis Island Experience, WW II Remembering the Beginning, Brick Manufacturing in Queensbury, Hovey Pond Timeline, Ice Harvesting in Queensbury, Supervisor's Wall Display, Hamlet of the Oneida, Jenkins Mills, Waterways of Queensbury, Churches in Queensbury, Age of Transportation Through the Years, Highways and Byways in Queensbury, and WHEREAS, Dr. Marilyn VanDyke has helped establish the following historical markers: Early history marker at Hovey Pond, Old Quaker Burial Ground, French Mountain Hamlet, Floyd Bennett Field, Blind Rock, Five Mile Run, Oneida Community, Scotch Church, Morgan's Ford, Mountainside Library, District 10 School, and the Birthplace of the Local Masons, and WHEREAS, Dr. Marilyn VanDyke has other achievements such as: Applied and received recognition on the National Historical Register our town founders' cemetery, the Quaker Cemetery, helped research and preserve our Civil War Monument, was one of the founders of the Warren County Historical Society, worked on the naming of four local women named to Hall of Fame for Celebrate '98 in Seneca Falls (Harriet Wing, Caroline Fish, Lillian Baker and Fran Walter), helped write the 50 Year History of Queensbury School, helped organize and present Queensbury's 250th Anniversary, helped organize and present Warren County's Bicentennial. taught a course titled History of Warren County at SUNY Adirondack, wrote Chapter 24 in the book Warren County History, scanned and processed over 3000 photos to a database, and NOW, THEREFORE, THE QUEENSBURY TOWN BOARD, on behalf of all its citizens, hereby wishes to show sincere gratitude and congratulations to Dr. VanDyke for these many years of outstanding service and further expresses its sincere appreciation and gratitude to Dr. Marilyn VanDyke for going above and beyond in doing her part in making the Town of Queensbury a better place to live for the past 25 years. GIVEN under the SEAL of the Town of Queensbury this 27th day of January, 2017. SUPERVISOR JOHN STROUGH COUNCILMAN WILLIAM VANNESS COUNCILMAN DOUG IRISH COUNCILMAN BRIAN CLEMENTS COUNCILMAN ANTHONY METIVIER PRESENTATION BY LAKE GEORGE ASSOCIATION—DATA ASSOCIATION RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 48, 2017 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 and moves into the Queensbury Board of Health. Duly adopted this 27th day of February, 2017, by the following vote: AYES: Mr. Metivier, Mr. Irish, Mr. VanNess, Mr. Strough REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 65 NOES: None ABSENT:Mr. Clements PUBLIC HEARING— SEWAGE DISPOSAL VARIANCE APPLICATION OF BERNARD & CANDANCE GANSLE PUBLICATION DATE: FEBRUARY 17, 2017 AGENT—LUCAS DOBIE, HUTCHINS ENGINEERING, BERNARD GANSLE LUCAS DOBIE, HUTCHINS ENGINEERING-I am representing the Gansle Family on Glen Lake for a holding tank installation. Actually, a holding tank upgrade if you will. Presently it is a three hundred (300) gallon holding tank, which is clearly not adequate for the substantial usage of the property. In the audience with me is Mr. Gansle who can answer any questions that I am unable to. The property last summer, I believe is looking to do a little remodel work here and there. Part of the project is we would like to bring the system up to modern standards. One of the accepted standards if you will in Town Code is the holding tank installation; of course, we would need the approval of the Board of Health. We are looking at upsizing it if you will. We are looking at upsizing it to forty five hundred (4,500) gallons of capacity, which will get them to probably half the season under normal light usage. There is a lot less frequent truck traffic. The septic hauling truck can typically haul up to about four thousand (4,000) gallons so we can do a nice efficient pump out with it. It is quite straight forward. The variances are moderately substantial. It is more of a function of the geometry of the property. We are dealing with a sixty (60) foot lot. We need the whole in theory ten (10) feet. The property line and the house there is just not enough adequate space to do it. We have tried several arrangements and believe we have found the right balance for all of our setbacks. We are requesting a little bit of relief from the lake setback. The southerly property line setback is subject...setback. The neighboring well to the south, which is a vacant parcel there is a well. We are holding forty two (42) feet to that. It is essentially a sealed system. There is very minor impacts would be expected upon any on the lake. We are comfortable with the design. I am here to answer any questions from the Board of the public; I would like to ask for your approval. SUPERVISOR STROUGH-Thank you. The property description report for the assessment purposes lists this as a single bedroom. MR. DOBIE-That is correct. I believe we designed it two (2)bedrooms. SUPERVISOR STROUGH-For two (2)bedrooms, I would think what you are requesting three (3) one thousand five hundred (1,500) gallon holding tanks for a total of four thousand five hundred (4,500) gallons. If you did convert it to a two (2)bedroom, I would think that is kind of excessive although, I like the holding tank idea because of where the property is located on Glen Lake, 5 Glen Hall Drive. It is very busy there very dense. Why wouldn't two (2) one thousand five hundred (1,500) holding tanks do the job rather than three? MR. DOBIE-It could do the job certainly Mr. Supervisor. The thought being that...disturbing the site we are digging around it is not that much more effort to dig an extra fifteen (15) foot length of earth and upsize it now to allow for that maximum duration... For the record we do have listed on our design criteria two (2) bedrooms now and a possible expansion in the future. They may pursue a bunkhouse option so we wanted to be prepared for that. Clearly that option would require Zoning Board review. The project may not come to fruition. We wanted to be upfront that this may happen in the future. With the bunkhouse option we wanted to have the capacity now while we are in there working on it. SUPERVISOR STROUGH-Given the constraints of the site I don't see how you could possibly expand. I have concerns about that. Any other Board members have questions? COUNCILMAN IRISH-First, I would like to apologize for the miscommunication. We all missed the meeting date. I apologize for that. John and I did have an opportunity to get up and take a look at the property. I have to agree with John. The thing that concerns me is that the language in here about potential for future bunkhouse expansion. When we checked the zoning REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 66 and building codes the existing property as it is today would not require what you are asking for. I think my concern is that if we approve what you are asking for today it may send a message to the Planning and Zoning Departments that the Town Board is okay with future development on that property. To John's point, I am not sure that you would be able to get approval for another building there. I would be hesitant to approve what you are asking for here tonight based on that. I would certainly consider if you wanted to downsize this for what the existing building is I don't have any issue with that. I don't think you do as well. SUPERVISOR STROUGH-No. I should say we were thinking that if we eliminated the first one, and kept the second and third, and kept the characteristics of the alarms systems for the second and third that it would be a three thousand (3,000) gallon capacity plenty for one (1) or maybe even a two (2) bedroom place. Any other thoughts or questions at this point in time from other Board members before I open the public hearing? COUNCILMAN VANNESS-I didn't get a chance to look at the site. I reviewed the plans quite a bit. I am concerned about the third tank as well. The two I was comfortable. To squeeze that it really is a squeeze with the third tank going in there. I think it is a little bit more than what is needed at this time. It is quite a bit on that piece of property. That is my concern as well. SUPERVISOR STROUGH-The public hearing is now declared opened. Any members of the public wish to speak to this sewage disposal variance application? TRAVIS WHITEHEAD, QUEENSBURY-I have no objection at all to what I just heard either from the Engineer or from the... I do have a question. The question would be in the case of a holding tank is there any monitoring that goes on afterwards with respect to the number of times that it is emptied. The reason I ask this there are probably a lot of holding tanks in Town that have developed leaks. We certainly heard about one recently described as maybe an old fifty five (55) gallon drum, etc. These things essentially become drywells goes right straight to the lake. It would seem that if you knew that you had these things and if you required that if you had a list of that, yeah this was serviced three (3)times this year four (4)times this year it sounds good. If you find out that it hasn't been serviced in five (5) years maybe it indicates that you have a problem. I am just wondering whether or not if that is something that you could work into your code at some point in time? Tony had a great idea earlier about getting an intern up here to update a lot of the records. You can get a better view of this maybe part of that could be you know you have this kind of system. I know that in my neighborhood I've seen some failures on septic system that probably people just forget that every five years they ought to take care of these things. Its ten (10) years, fifteen (15) years then all of a sudden I see the lawns are torn up. If you had that data it would be a service to the people. Just saying, you know we haven't heard anything about this being serviced in eight (8) years or whatever. Maybe it would help the people and certainly help us if there is a holding tank that hadn't been serviced in quite some time. COUNCILMAN IRISH-I actually, I think maybe Tony it might make a lot of sense if that was part of the property transfer. COUNCILMAN METIVIER-I was just thinking that same thing. SUPERVISOR STROUGH-As you know we are trying to deal with this from many angles already Travis. In terms of putting together data of all the shoreline properties and the conditions and dates and kinds of septic systems we are looking at a property transfer law where these inspections would take place. To answer your question at this time we don't have any mechanism right now to do. I agree with you it is a good idea and we are working on it. SUPERVISOR STROUGH-Other members of the public wish to speak to this application, seeing none, Lucas would you return to the table please. Lucas, what I am hearing is that this Board likes the holding tank idea for this property. It appears that we would be willing to approve two (2) of the three (3) holding tanks. If you are agreeable to that I think that we can amend the resolution saying so. COUNCILMAN METIVIER-I guess my question is do we have to remove any of the variances if we remove a tank? REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 67 COUNCILMAN IRISH-I am sure. COUNCILMAN METIVIER-Is that going to require him to withdraw this or how are we going to do that? SUPERVISOR STROUGH-Let me ask Counsel. Kara do you think we should ask the applicant to go back resubmit a design with two (2) holding tanks. What we are proposing is going to be less of an impact in terms of the number and dimensional variances being requested here. ATTORNEY LAIS-Right, you are not going to be granting the same variances so it needs to be amended. SUPERVISOR STROUGH-So Lucas we will leave this opened. If you can return to us with a two (2) one thousand five hundred (1,500) gallon holding tank operation for this facility with a total of three thousand (3,000) gallons I think that you would make this Town Board a little happier than what we see before us now. Are you willing to do that? MR. DOBIE-Yes, sir. I will polish this up. I believe the variance that will go away is the lake setback where the other three will remain in effect. SUPERVISOR STROUGH-Thank you. PUBLIC HEARING TO REMAIN OPEN RESOLUTION ADJOURNING BOARD OF HEALTH RESOLUTION NO. BOH 6, 2017 INTRODUCED BY: Mr. William VanNess WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Doug Irish RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 27th day of February, 2017, by the following vote: AYES: Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier NOES: None ABSENT:Mr. Clements 2.0 PUBLIC HEARING—CONCERNING WATER TRANSMISSION SYSTEM IMPROVEMENTS ON CRONIN ROAD WITHIN THE QUEENSBURY CONSOLIDTED WATER DISTRICT PUBLICATION DATE: FEBRUARY 17, 2017 SUPERVISOR STROUGH-I will now open it up to the public. Any member of the public wish to speak to this proposal replacing fifteen hundred (1,500) feet of water supply line with an eight (8) inch ductile iron from 229 Cronin Road to easterly to the intersection of Cronin and Ridge Roads. Any member of the public wish to speak to this, seeing none I will close the public hearing. PUBLIC HEARING OPENED No comment PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 68 RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM IMPROVEMENTS ON CRONIN ROAD WITHIN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO.49,2017 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by replacing approximately 1500 LF of cast iron water main with 1500 LF of 8"ductile iron water main at approximately 229 Cronin Road Easterly to the intersection of Cronin and Ridge Roads in the Town of Queensbury(the "Project"), in accordance with Town Law §202-b, and WHEREAS, Chris Harrington, P.E., Town Water Superintendent has prepared an Engineer's Report dated February 4, 2017 concerning the proposed water transmission system improvements together with an estimate of the cost of such improvements, a copy of which is presented at this meeting, and WHEREAS, the Engineer's Report was duly filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, on February 13`h, 2017, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the proposed improvements, (b) the estimated amount proposed to be expended for the improvements, (c) the fact that an Engineer's Report describing the improvements is on file in the Town Clerk's Office, and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held on Monday, February 27`h, 2017 and the Town Board has considered the evidence given together with other information, and WHEREAS, this is essentially a maintenance Project and therefore a Type II action under the State Environmental Quality Review Act (SEQRA) and therefore, no further environmental review is required, and WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure is not required under Town Law §202-b(5), WHEREAS,the cost of the improvements will be paid from current funds in the Fund Balance of the District, so the annual cost of the District for debt service and operation and maintenance costs to the typical property and the typical one or two family home will not be increased, and REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 69 WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law§202-b, and NOW, THEREFORE, BE IT RESOLVED,that it is the determination of the Queensbury Town Board that: 1. The Notice of Public Hearing was published and posted as required by law and is otherwise sufficient, 2. It is in the public interest to replace certain water mains in the Queensbury Consolidated Water District as described in the Engineer's Report on file with the Queensbury Town Clerk, such improvements generally being the replacement of approximately 1500 LF of cast iron water main with 1500 LF of 8" ductile iron water main at approximately 229 Cronin Road easterly to the intersection of Cronin and Ridge Roads in the Town of Queensbury; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above and in the previously described Engineer's Report and construction of the improvements may proceed and service provided subject to the following: 1. the obtaining of any necessary permits or approvals from the New York State Department of Health; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation, 3. the preparation of definite plans, specifications, a careful estimate of the expense and a proposed contract for the execution of the work and adoption thereof by the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as set forth above and in the Engineer's Report, in an amount not to exceed$175,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Water Superintendent to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2017,by the following vote: AYES Mr.Irish,Mr.VanNess,Mr. Strough,Mr.Metivier NOES None ABSENT:Mr. Clements PUBLIC HEARING—PROPOSED LOCAL LAW OF 2017 TO AMEND QUEENSBURY TOWN CODE CHAPTER179 "ZONING" TO REVISE SECTION 179-3-040(B)(1) "ENCLOSED SHOPPING CENTER ESC" PUBLICATION DATE: FEBRUARY 17, 2017 REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 70 SUPERVISOR STROUGH-Allow me to open the public hearing. This is a resolution adopting a SEQRA negative declaration and to amend our local law in 179-3-040(B) (1) Enclosed Shopping Center, also known as ESC, to eliminate the density restriction in this particular zone. Anyone like to speak to this, seeing none let's do SEQRA. FULL ENVIRONMENTAL ASSESSMENT FORM PART 2 —INDENIFICATION OF POTENTIAL PROJECT IMPACTS 1. Impact on Land Proposed action may involve construction on, or physical alteration of, the land surface of the proposed site. (See Part 1.D.1) If"Yes", answer questions a-j. If"No", move on to Section 2. _X No Yes 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, minerals, fossils, caves). (See Part 1. E.2g) If"Yes", answer questions a-c. If"No", move on to Section 3. X No Yes 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If"Yes", answer questions a-l. If"No", move on to Section 4. X No Yes 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. X No Yes 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. (See Part 1.E.2) If"Yes", answer questions a-g. If"No", move on to Section 6. X No Yes 6. Impacts on Air The proposed action may include a state regulated air emission source. (See Part 1.D.21, D,2,h, D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. X No Yes 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2 m-q.) If"Yes", answer questions a-j. If"No", move on to Section 8. _X No Yes 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a. and b.) If"Yes", answer questions a-h. If"No", move on to Section 9. X No Yes 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part I.E.1.A, E.Lb, E.3.h). If"Yes", answer questions a-g. If"No", go to Section 10. X No Yes 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological resource. (Part 1.E.3.e, f and g.) If"Yes", answer questions a-e. If"No", go to Section 11. X No Yes REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 71 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1.C.2.c, E.I.e., E.2.q.) If"Yes", answer questions a-e. If"No", go to Section 12. X No Yes 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical environmental area (CEA). (See Part 1.E.3d) If"Yes", answer questions a-c. If"No", go to Section 13. X No Yes 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. (See Part 1.D.2.j) If"Yes", answer questions a-g. If"No", go to Section 14. X No Yes 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. (See Part 1.D.21) If"Yes", answer questions a-e. If"No", go to Section 15. X No Yes 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. (See Part 1. D.2.m., n., and o.) If"Yes", answer questions a-£ If"No", go to Section 16. X No Yes 16. Impact on Human Health The proposed action may have an impact on human health from exposure to new or existing sources of contaminant. (See Part 1.D.2.q., E.l.d.£g. and h.) If"Yes", answer questions a-m. If"No", go to Section 17. X No Yes 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. (See Part 1.C.1, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. X No Yes 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. (See Part 1.C.2, C.3, D.2, E.3) If"Yes", answer questions a-g. If"No", proceed to Part 3. X No Yes PUBLIC HEARING CLOSED RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 3, OF 2017 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REVISE §179-3-040(B)(1) "ENCLOSED SHOPPING CENTER ESC" RESOLUTION NO.50,2017 INTRODUCED BY: Mr.William VanNess WHO MOVED ITS ADOPTION SECONDED BY: Mr.Doug Irish REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 72 WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 3, of 2017 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density restriction in the Enclosed Shopping Center District, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Law and/or Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, on or about February 16'h, 2017, the Warren County Planning Department considered the proposal and determined that there would be no County impact, and WHEREAS,the Town Board duly conducted a public hearing,heard all interested parties and closed the public hearing concerning the proposal on Monday,February 27"',2017, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposal, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposal, and WHEREAS,the Town Board wishes to consider adoption of Local Law No.: 3, of 2017 as presented at this meeting,hereinafter referred to as the"legislation," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the legislation, and REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 73 BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 3, of 2017 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density restriction in the Enclosed Shopping Center District, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the Local Law and/or Zoning Map to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the Local Law and/or the official Town Zoning Map, as amended, with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 27th day of February,2017,by the following vote: AYES Mr.VanNess,Mr. Strough,Mr.Metivier,Mr. Irish NOES None ABSENT : Mr. Clements LOCAL LAW NO.: 3, OF 2017 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REVISE §179-3-040(B)(1) ENTITLED "ENCLOSED SHOPPING CENTER ESC" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, 'Zoning," §179-3-040 entitled "Establishment of zoning districts,"Section (13)(1) is hereby amended as follows: § 179-3-040. Establishment of zoning districts. B. Commercial Districts. (1) Enclosed Shopping Center ESC. The ESC District encompasses those areas where shopping center development exists or is anticipated. The intent of this district REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 74 is to ensure that shopping center development, as well as compatible commercial infill development, provides safe access points, coherent and safe traffic patterns, efficient loading and unloading, aesthetically pleasing shopping environments and safe pedestrian circulation. This area of the Town formerly consisted, under the 2002 Zoning Law, of the same district boundaries as are currently established herein but with the zoning district designation of "ESC- 25A." (a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this chapter. Freestanding buildings are permitted in this district. (b) Dimensional requirements. All uses in this district must comply with the requirements of Table 1 of this chapter and as follows (Note that all are minimum requirements except density and building height which are maximum restrictions.): 41 Density: 1.0 aeFe peF pFineipal useihfith a Minimum „{ 0.5 aeFe peF 4,000 squaFe feet of flee. (1}124 Front yard setback: 40 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. [2]94 Side yard setback: 30 feet. [3]144 Rear yard setback: 30 feet. [4]{54 Shoreline/stream/wetland setback: 150 feet. [5]K4 Lot width: 500 feet. [6]R4 Road frontage: 75 feet. REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 75 [7]-Rq Water frontage: 200 feet. [8]{% Building height: 70 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. [9]4G4 Percent permeable: 20%. [10] Percent landscaped: 15%. (c) Development standards. The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. SECTION 2. Queensbury Town Code Chapter 179, 'Zoning," Attachment 1:1 entitled, "Table 1: Table of Area Requirements," is hereby amended to eliminate the density restriction for Enclosed Shopping Center. SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause,sentence, paragraph or part thereof. SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York Municipal Home Rule Law§27. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT 3 MINUTES) GEORGE WINTERS, 4 JOHN CLENDON ROAD-Spoke regarding Resolution Authorizing Settlement of Pending Article 7 Real Property Assessment Cases Commenced by Home Depot U.S.A., Inc, and Resolution Authorizing Acceptance of Parcel of Land Located Off John Clendon Road in the Town of Queensbury from John Clendon Hidden Estates,LLC. TRAVIS WHITEHEAD, QUEENSBURY-Spoke regarding Resolution Authorizing Acceptance of Parcel of Land Located Off John Clendon Road in the Town of Queensbury from John Clendon Hidden Estates,LLC. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CRONIN ROAD WATER MAIN IMPROVEMENT PROJECT RESOLUTION NO.: 51,2017 REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 76 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board duly established the Town of Queensbury Consolidated Water District (the "District") in accordance with New York Town Law, and WHEREAS, the Town Board wishes to improve the District's water transmission facilities by replacing approximately 1500 LF of cast iron water main with1500 LF of 8" ductile iron water main at approximately 229 Cronin Road easterly to the intersection of Cronin and Ridge Road (the "Project"), all in accordance with Town Law§202-b, and WHEREAS,by prior Resolution the Town Board authorized such Project, and WHEREAS, the Town's Water Superintendent and/or Purchasing Agent have prepared bid documents and specifications to advertise for bids for such Project, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to post and publish an advertisement for bids regarding the improvement to the Queensbury Consolidated Water District's water transmission facilities at approximately 229 Cronin Road as delineated in the preambles of this Resolution and receive all bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent to open all received bids, read them aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board, 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 actions necessary to effectuate all terms of this Resolution. Duly adopted this 27`h day of February, 2017,by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES: None ABSENT :Mr. Clements RESOLUTION APPROVING YEAR 2016 SERVICE AWARD PROGRAM RECORDS FOR EMERGENCY MEDICAL SQUADS RESOLUTION NO.52,2017 REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 77 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2016 Standard Year End Administration Services for the Town's Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies' and Emergency Squads' Year 2016 Service Award Program Records, and WHEREAS, the Town Supervisor's Office has received and reviewed the records from each of the Town's three(3)Emergency Squads and found them to be complete, and WHEREAS,the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2016 Volunteer Ambulance Worker Service Award Program Records for each of the Town's three(3)Emergency Squads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Assistant and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 27`h day of February,2017,by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES : None ABSENT:Mr. Clements RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 53,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 78 Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or,if deemed unsafe and/or inoperable by the Department Manager,to be sold as scrap, and WHEREAS,the following is the list of surplus items provided by the various Town Departments: Item Dept. Asset 2007 Stihl Leaf Blower Parks 8841 2001 Arctic Cat ATV Parks 4007 2002 White Snow Blower 9 lip Parks 8820 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Item Dept. Asset 2007 Stihl Leaf Blower Parks 8841 2001 Arctic Cat ATV Parks 4007 2002 White Snow Blower 9 lip Parks 8820 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus items and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27`h day of February,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES None ABSENT :Mr. Clements REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 79 RESOLUTION REAFFIRMING RESOLUTION NO.: 260, 2012 REGARDING ACCEPTANCE OF GRANT FUNDS IN CONNECTION WITH NYS AGREEMENT #C303899 REGARDING ROAD SALT ALTERNATIVES AND BEST MANAGEMENT PILOT PROJECT AND AUTHORIZING TEMPORARY LOAN FROM CAPITAL RESERVE NO. 64 RESOLUTION NO.: 54,.2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Queensbury, Warren County and the region in general and the protection, preservation and proper management of water quality within the basin is an essential ingredient to maintaining this revered natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and WHEREAS, the adopted document, entitled, "Lake George — Plan for the Future" identifies numerous recommendations and actions as being critical to pursuing the objectives of preserving, protecting and enhancing the water quality throughout the Basin, including examining alternatives to the current practices of using road salts to achieve winter road maintenance and identifying best management practices to minimize the application rates of salt and sand to roads throughout the Lake George Watershed, and WHEREAS, by Resolution No.: 537,2008, the Queensbury Town Board authorized submission of the Road Salt Alternatives and Best Management Pilot Project Fund Application for State Assistance Payments in response to New York State's solicitation of Financial Assistance Grant, and WHEREAS, the NYS Department of State awarded to the Town of Queensbury, as a participating municipality in the Lake George Watershed Coalition (LGWC), $149,835 in grant funds for implementation of the Road Salt Alternatives and Best Management Pilot Project Fund Program, and WHEREAS, by Resolution No.: 260,2012, the Town Board authorized and accepted such $149,835 in grant funding to be received from New York State for implementation of the Road Salt Alternatives and Best Management Pilot Project Fund Application for State Assistance Payments Program as REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 80 more specifically set forth above, in the interest of advancing the important work of protecting the preservation of water quality of Lake George, and WHEREAS, the Town Board wishes to authorize a temporary loan from Capital Reserve Fund No. 64 up to$149,835 until such time as such grant funds are received, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms Resolution No.: 260,2012 regarding the acceptance of the $149,835 in grant funding to be received from New York State for implementation of the Road Salt Alternatives and Best Management Pilot Project Fund Application for State Assistance Payments Program as more specifically set forth above, in the interest of advancing the important work of protecting the preservation of water quality of Lake George, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the Capital Reserve Fund 964 up to$149,835 until such time as grant funds are received, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments,budget amendments,transfers or prepare any documentation as may be necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Accountant and/or Town Budget Officer to take all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with General Municipal Law §6-c(8) and shall not take effect until such time as provided, and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 27`h day of February,2017,by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 81 NOES : None ABSENT:Mr. Clements RESOLUTION APPOINTING MICHAEL VALENTINE AS ALTERNATE MEMBER OF QUEENSBURY PLANNING BOARD RESOLUTION NO. 55,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate position exists on the Planning Board, and WHEREAS, the Town Board interviewed candidates and wishes to appoint Michael Valentine as such member, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Michael Valentine to serve as an alternate member of the Queensbury Planning Board until such term expires on February 27",2024. Duly adopted this 27`h day of February,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES None ABSENT: Mr. Clements RESOLUTION AUTHORIZING NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.'S PURCHASE OF NEW CHIEF'S VEHICLE RESOLUTION NO.: 56,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury and the North Queensbury Volunteer Fire Company, Inc. (Fire Company) have entered into an Agreement for fire protection services, which Agreement sets forth a number of terms and conditions including a condition that the Fire Company will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Fire Company to acquire a loan or mortgage or use money placed in a "vehicles fund"without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised the Town Board that it wishes to purchase a 2017 Chevrolet Silverado Chiefs Vehicle to replace its 2008 Chevrolet Tahoe Chiefs Vehicle with approximately 125,000 miles, for a sum not to exceed $43,000, such purchase already included in the Fire Company's five REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 82 (5) year capital plan that forecasts future capital needs and expenditures, including anticipated vehicles, equipment, tools, other apparatus, facilities or improvements to facilities to be used for firematic purposes, and WHEREAS, the Fire Company plans on paying for the vehicle by using funds in its restricted "vehicles fund" account, such monies already included in the Fire Company's approved 2017 budget and Agreement with the Town, and WHEREAS, the Town Board feels that this new vehicle will provide additional safety protection for the Town and therefore the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Volunteer Fire Company, Inc.'s purchase of a 2017 Chevrolet Silverado as its replacement Chief's Vehicle for an amount not to exceed$43,000,with payment to be from the Fire Company's restricted vehicles fund, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2017,by the following vote: AYES :Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES : None ABSENT:Mr. Clements RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY HOME DEPOT U.S.A., INC. RESOLUTION NO.: 57, 2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, Home Depot U.S.A., Inc., previously commenced Article 7 Real Property Assessment Review cases against the Town of Queensbury for tax years 2012 - 2016 concerning the assessment on property located in the Town of Queensbury at 820 State Route 9 (Tax Map No.: 296.18-1- 46) and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 83 WHEREAS, the Queensbury Union Free School District will be recommending approval of the proposed settlement, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the settlement ofthe pending Article 7 cases against the Town of Queensbury brought by Home Depot U.S.A.,Inc.,for the 2012-2016 tax years concerning the assessment on property located in the Town of Queensbury at 820 State Route 9(Tax Map No.:296.18-1-46)whereby Home Depot U.S.A.,Inc.,will withdraw its cases against the Town of Queensbury for tax years 2012-2016 and its respective demands for refunds,and BE IT FURTHER, RESOLVED, that assessments for the next four(4) tax years shall be set as follows: Tax Year Assessment 2017 $6,000,000 2018 $5,750,000 2019 $5,500,000 2020 $5,000,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor, Town Budget Officer and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 27`h day of February, 2017,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Irish, Mr. VanNess NOES None ABSENT: Mr. Clements RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF FEBRUARY 14TH, FEBRUARY 21ST AND FEBRUARY 28TH, 2017 RESOLUTION NO.: 58,2017 REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 84 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Queensbury Town Board wishes to approve three (3) audits of bills presented as Warrants with run dates of February 14`h, February 21s` and February 23rd, 2017 and payment dates of February 14`h,February 21s`, and February 28`h,2017,respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of February 14`h, February 21s`and February 23rd, 2017 and payment dates of February 14'b, February 21s`, and February 28`h,2017 totaling $11,666.57, $11,824.84 and $489,278.56,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 27`h day of February,2017,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES: None ABSENT :Mr. Clements RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION -WARREN COUNTY RESOLUTION NO.59,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 85 the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of$114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2017 by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES None ABSENT: Mr.Irish RESOLUTION AUTHORIZING YEAR 2017 HOURLY WAGES FOR PART-TIME RECREATION MAINTENANCE EMPLOYEES RESOLUTION NO.: 60,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 402,2016, the Queensbury Town Board adopted its Year 2017 Salary and Wage Schedules for its part-time hourly, management and non-management, non-union staff, including for its part-time hourly Recreation Maintenance Employees, and WHEREAS, the Town's Recreation Commission has recommended and set an increase in the 2017 hourly wage range for such Recreation Maintenance Employees Levels 1 — 5 from $9.75-15.00 to $9.75 - $19.00, and WHEREAS,the Town Board wishes to authorize such change, REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 86 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the increase in the 2017 hourly wage range for its Recreation Maintenance Employees Levels 1 -5 from$9.75-15.00 to$9.75 -$19.00, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Budget Officer, Director of Parks and Recreation and/or Town Budget Officer to take any actions necessary to effectuate the terms of the Resolution. Duly adopted this 27th day of February,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES None ABSENT: Mr. Clements RESOLUTION AMENDING RESOLUTION NO.: 402,2016 REGARDING PART-TIME HOURLY WAGE OF SEASONAL LABORERS RESOLUTION NO.: 61,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 402,2016, the Queensbury Town Board adopted its Year 2017 Salary and Wage Schedules for its part-time hourly, management and non-management, non-union staff, including for its Seasonal Laborers, and WHEREAS, the Town Board wishes to amend the 2017 hourly wage for its Seasonal Laborers from $10 to$11, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 402,2016 such that the 2017 hourly wage for its Seasonal Laborers shall be $11, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 402,2016 in all other respects. Duly adopted this 27`h day of February,2016,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES None ABSENT:Mr. Clements REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 87 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND EASTERN NY MARINE TRADES ASSOCIATION RESOLUTION NO.: 62,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, the Town of Queensbury has received a request for funding from the Eastern NY Marine Trades Association to assist in funding its Great Upstate Boat Show to be held at the Adirondack Sports Complex(The Dome) in the Town of Queensbury on March 31s`—April 2"d,2017, and WHEREAS, such event will promote the Town of Queensbury, its amenities and prosperity and is expected to draw many people to the Town of Queensbury and its surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement(Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Eastern NY Marine Trades Association in the amount of$15,000 with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Eastern NY Marine Trades Association substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$15,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 88 BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 27th day of February,2017,by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES : None ABSENT:Mr. Clements RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SOAP BOX DERBY RESOLUTION NO.: 63,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement(Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Glens Falls Soap Box Derby in the amount of$5,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Glens Falls Soap Box Derby for the promotion of the 10`h Annual Soap Box Derby in the City of Glens Falls in May, 2017, a cooperative effort between the Town of Queensbury and City of Glens Falls, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Glens Falls Soap Box Derby substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 89 BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 27th day of February,2017,by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES : None ABSENT:Mr. Clements RESOLUTION AUTHORIZING PRE-ENTITLEMENT AGE PAYOUTS OF VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM RETIREMENT BENEFITS TO ROBERT GILLMAN AND JOHN WELLS RESOLUTION NO.: 64,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.William VanNess 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 WHEREAS, the Town's Service Award Plan allows for the early payout of Service Awrad Plan retirement benefits in special circumstances upon the authorization of the Town Board, and WHEREAS, Robert Gillman, a member of the West Glens Falls Volunteer Fire Company, has requested Town Board authorization for an early payout of his Service Award Plan retirement benefits as Mr. Gillman has suffered a qualifying, total and permanent disability which now prevents him from being an active member of such Fire Company, and WHEREAS, John Wells, also a member of the West Glens Falls Volunteer Fire Company, has also requested Town Board authorization for an early payout of his Service Award Plan retirement benefits REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 90 as Mr. Wells has suffered a qualifying, total and permanent disability which now prevents him from being an active member of such Fire Company, and NOW,THEREFORE, BE IT RESOLVED,that the Queensbury Town Board has considered the request of Robert Gillman and as a result of Mr. Gillman's qualifying, total and permanent disability, hereby authorizes the pre-retirement, early payout of Service Award Plan retirement benefits to Mr. Gillman as delineated in the preambles of this Resolution,and BE IT FURTHER, RESOLVED, that the Town Board has also considered the request of John Wells and as a result of Mr. Wells' qualifying, total and permanent disability, hereby authorizes the pre-retirement, early payout of Service Award Plan retirement benefits to Mr.Wells 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 payouts 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 27th day of February, 2017, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Irish, Mr.VanNess NOES : None ABSENT: Mr. Clements RESOLUTION AUTHORIZING ACCEPTANCE OF PARCEL OF LAND LOCATED OFF JOHN CLENDON ROAD IN THE TOWN OF QUEENSBURY FROM JOHN CLENDON HIDDEN ESTATES, LLC RESOLUTION NO.: 65,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.William VanNess REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 91 WHEREAS, John Clendon Hidden Estates, LLC has offered to donate to the Town of Queensbury an approximately 41.6 acre parcel of land located off of John Clendon Road in the Town of Queensbury designated as a portion of Tax Map No.: 295.15-1-6 to the Town of Queensbury, and WHEREAS, the Town Planning Board, by Resolution adopted on October 18, 2016, conditioned its approval of the Joe Leuci 66 Acre Conservation Subdivision in part as follows in Condition 910: "This approval is conditioned upon Town Board acceptance of the 41.6 acre area of the Conservation Subdivision as identified on Sheet S-1 with notation land to be conveyed to the Town of Queensbury for the purpose to include in the Rush Pond Trail system," and WHEREAS, the Town's "An Open Space Vision for the Town of Queensbui1,," adopted on July 7, 2003, explains the need to develop nature preserves as areas to protect the wildlife and natural areas that enrich our everyday lives as they help keep the waters clean by acting as natural bio-filters, clean the air by absorbing pollutants and offer a place to enjoy the outdoors, and such document describes the Rush Pond area as a potential nature preserve, unique natural area composed of two ponds and several existing trails throughout and its location near the Queensbury schools and relative proximity to major existing and planned bike trail corridors present an excellent opportunity for Queensbury residents to enjoy its natural beauty, and Rush Pond forms the headwaters of the Glen Lake Fen, is critical to the future water quality of Glen Lake, and its complex of ponds, stream, and bordering vegetated wetlands (fen)presents a wonderful outdoor education and passive recreation opportunity for the community. (See Vision Map and pages 12, 13 and 14), and WHEREAS, the Town's "Town of Queensbui-, C'oniprehensive Plan," adopted on August 6, 2007 describes the Rush Pond area as a natural amenity and public access to this natural recreational area should be expanded, Recommendation B.I. Rush Pond area was identified as a water and wetland network that plays an important environmental roles (e.g. drinking water, flood control or wildlife habitat) as well as important economic and social roles (e.g. tourism or recreation); Recommendation B.4 states that the Town should expand its non-vehicular trail and connections in the Rush Pond area; and the Rush Pond area provides an opportunity to expand the trail network in Queensbury — an important environmental and economic asset. (See pages 7, 23 and 28), and WHEREAS, the Town Board, after evaluating the proposal, feels that acquisition of the parcel will benefit Town residents and be consistent with the Town Planning Board's Resolution adopted on October 18, 2016 and therefore wishes to authorize its acceptance, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 92 RESOLVED, that the Queensbury Town Board hereby approves and accepts the dedication of an approximately 41.6 acre parcel of land located off of John Clendon Road in the Town of Queensbury designated as a portion of Tax Map No.: 295.15-1-6 to the Town of Queensbury,provided that John Clendon Hidden Estates, LLC provides the Town with a deed and real property forms in acceptable form and the Town receives Title Insurance insuring marketable title to the property prior to acceptance and recording of the deed, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor to execute any and all documents necessary to complete this transaction including any required real property transfer forms in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the cost of any recording fees and title insurance shall be paid by John Clendon Hidden Estates,LLC, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Board, Town Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 27th day of February,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Irish,Mr.VanNess NOES None ABSENT:Mr. Clements 5.0 CORRESPONDENCE None 6.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) HAL BAIN, RIDGE ROAD, QUEENSBURY-Spoke to the Board regarding an article in the Post Star regarding the robust commercial and residential growth in the Town for 2016, commended the Town Board for the job that they all do. Thanked Councilman VanNess for the time and effort that he has put in the last few years at Exit 18. SUPERVISOR AT LARGE, RACHEL SEEBER-Thanked Councilman VanNess for his time and effort he has put in over the years for the Town of Queensbury. Spoke to the Board regarding the use of Occupancy Tax and Municipalities using the proper forms,presented Town Board members with documentation. REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 93 GEORGE WINTERS, 4 JOHN CLENDON ROAD, QUEENSBURY-4, JOHN CLENDON ROAD, QUEENSBURY-Spoke to the Board regarding the Transfer Station on Luzerne Road regarding the catch basin that was put in there three (3)years ago to take care of the water problem noting there is still a problem there, asked the Board if they could look into this. TRAVIS WHITEHEAD,WARD 4-Reiterated what Supervisor at Large, Seeber commented on. Spoke to the Board regarding questions that were raised from the last Town Board Meeting regarding fraudulent statements from Supervisor Strough statements. Asked if Supervisor Strough still believes that anyone has made any, asked him to explain what they may be. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I) • Wished Councilman VanNess the best of luck with his new position as Commissioner of Board of Elections. SUPERVISOR STROUGH • Read into the record Councilman VanNess letter of resignation. COUNCILMAN IRISH(WARD III) • Read letter into the record from Councilman Clements regarding Councilman VanNess thanking him for all of his years for public service especially for the time they spent together on the Town Board. Wished him the best of luck in his new position as the newly elected Warren County Republican Commissioner for the Board of Elections. • Thanked Councilman VanNess for all of his years of service. Thanked him for his friendship for over twenty(20)years. COUNCILMAN VANNESS(WARD IV) • Visited the new Gun Shop on Route 9. They are doing a great job of rehabbing everything in there. They are hoping within the next two or three months they will have it opened. • Spoke to the Board regarding the Town Judges salaries. Asked them to keep this in mind when they discuss this. • Read letter into the record thanking his constituents in Ward Four for giving him the opportunity to serve as their voice on the Town Board. Thanked the residents of the Town of Queensbury, it has been an honor and privilege to represent you. SUPERVISOR STROUGH • Thanked Look TV and sponsors Storedtech. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.66,2017 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 its Regular Town Board Meeting. Duly adopted this 27th day of February,2017,by the following vote: AYES: Mr.Metivier,Mr.Irish,Mr.VanNess,Mr. Strough NOES: None REGULAR TOWN BOARD MEETING, 02-27-2017,MTG 96 94 ABSENT:Mr. Clements MINUTES PREPARED BY KAREN A. O'BRIEN,DEPUTY TOWN CLERK,I