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2017-09-11 MTG #28 REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 375 REGULAR TOWN BOARD MEETING MTG# 28 SEPTEMBER 11, 2017 RES# 248-267 7:00 P.M. B.H. 32 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN TIM BREWER BOARD MEMBERS ABSENT COUNCILMAN DOUG IRISH TOWN COUNSEL JOHN ASPLAND, ESQ. KARA LAIS, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH-Called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIM BREWER SUPERVISOR STROUGH- Announced this year's beautification award winners. Congratulations to all. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 248, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and moves into the Queensbury Board of Health. Duly adopted this 11th day of September, 2017 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Brewer, Mr. Strough NOES: None ABSENT: Mr. Irish SUPERVISOR STROUGH- Explained Mr. Orlow is seeking sanitary sewage disposal variances on property located at 11 Wagon Trail. Opened public hearing. PATRICIA SORESINO- My house is the one... SUPERVISOR STROUGH- And your name, ma'am. MRS. SORESINO- Pat Soresino. I do have the map. SUPERVISOR STROUGH- Katherine Orstino? MRS. SORESINO- Patricia Soresino. SUPERVISOR STROUGH- Soresino. REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 376 MRS. SORESINO- I know how difficult it is because everybody does have small properties but it's a very odd situation because that house broke away from a cluster that had a group septic system and... So this lot never really had its own water. He doesn't live in the house. There's been a tarp on the house for the last three years. SUPERVISOR STROUGH- Yeah, we're after him for that. MRS. SORESINO- I need to mention that he's living in the house...but the house was renovated by somebody that did work on our house. It's a big problem, nothing was done properly and it's taken us three years to fix our house. The same thing happened with that house. It was a builder who didn't get any permits and went ahead and put a tarp over it so what's there...like what is it that's there that we're going to build? SUPERVISOR STROUGH- Well, the house itself... MRS. SORESINO- It's sitting in the dirt; it's actually sitting in the dirt. In fact, the wood is sitting in the dirt, there's no foundation. SUPERVISOR STROUGH- Do you have any opposition for you him to be putting in a holding tank? MRS. SORESINO- A holding tank for what? COUNCILMAN BREWER- It's septic. SUPERVISOR STROUGH- It's for the wastewater. MRS. SORESINO- I understand that but I'm just staying that it seems to me... COUNCILMAN BREWER- That everything else should be up to code? MRS. SORESINO- Everything should have been...why aren't we looking at this house before we get the well and water because this house should be...didn't get any inspection on anything that was done on it. SUPERVISOR STROUGH- Well, I under... MRS. SORESINO- And then it was hidden. It was worked on with a top on it. SUPERVISOR STROUGH- I understand that Mr. Hatin and Mr. Orlow... MRS. SORESINO- We don't know anything, we just watched... SUPERVISOR STROUGH- The Town has been communicating with him on those matters that you bring up. MRS. SORESINO- Okay. SUPERVISOR STROUGH- And he will have to resolve those matters. MRS. SORESINO- When we got this paper... SUPERVISOR STROUGH- Yes MRS. SORESINO- On all the setbacks, it's not very clear on who's affected and I don't have a lot of time. I went to the Town today and got the map. I have my map. SUPERVISOR STROUGH- Okay. MRS. SORESINO- And I know that two of that I'm concerned about were...this isn't even the right one. It's this one here. Number three, four feet instead of 10... REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 377 SUPERVISOR STROUGH- Yes. MRS. SORESINO- And 25 feet instead of 150. That seems a little close for comfort. I spoke to my family members and they seem a little concerned if something fails then what happens to our well? SUPERVISOR STROUGH- Well, the thing about it is he was before us before with a septic system. We shared many of your concerns. Now it's in a storage tank, fully sealed, fully enclosed. MRS. SORESINO- My son said they could leak, they could leak. SUPERVISOR STROUGH- If they leak...you have to get them pumped out every so often. If they leak, that will be something that will... MRS. SORESINO- You know, I know a lot of people...that don't get anything pumped out. SUPERVISOR STROUGH- They should. MRS. SORESINO- I pump out every year. We pump out, we inspect it. You know, we want to keep what we have, and we take care of what we have. But a lot of people don't take care of what they have. SUPERVISOR STROUGH- And you're right and that's wrong. MRS. SORESINO- So with that being said, we have also had a hard time doing what we wanted to do on a lot that's double the size. SUPERVISOR STROUGH- Yes. MRS. SORESINO- And there was already a brand new sewer or septic system that was there...but I could talk about that for hours. Anyway, I'm just concerned about my drinking water, the well being so close to my well, his septic right on top...it's right on top of us. SUPERVISOR STROUGH- I know, it's an unusual... MRS. SORESINO- Do you want to see a map of my property. SUPERVISOR STROUGH- It's an unusual situation there. Yeah, are you included... MRS. SORENSINO- I know, it's a very unusual situation. I don't know why the Town of Queensbury doesn't get water to us over there and then everybody would have no problem on Lake Sunnyside. SUPERVISOR STROUGH- Yeah, well that's something we could look into. MRS. SORENSINO- Everybody would get a new septic system if we had water because it has become so difficult and you know... In this day in age not to have water...it's not that far from here. SUPERVISOR STROUGH- Right. No, that's something we can look at. COUNCILMAN BREWER- Do we have a list or...I didn't have any knowledge of the stuff that's going on over there, John but I don't know if I feel comfortable giving variances for a property that's sitting on dirt and we have issues with the building department. I'd like to know what they are. SUPERVISOR STROUGH- Well those are.. COUNCILMAN BREWER- Because if he's treating us like that with the issues that this lady's talking about, I'm not so certain we're going to get done what we asked him to do. That's my own opinion. SUPERVISOR STROUGH- Yes, okay. COUNCILMAN METIVIER- We were over there in January or February, whenever it was. At least half the foundation so... COUNCILMAN BREWER- So how's it now? REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 378 COUNCILMAN METIVIER-No water can go in if water can't go out so... MRS. SORESINO- There's a big water problem there also. There is a drainage problem. When there's weather and then there's snow... it's a dirt road. My husband has to grade our area again. Our house was sunk too low and he's having a difficult time regarding our road there. We have no filtration system on our home also and we're not that... I mean I want him to have... I could want somebody to have what they have but not at the cost of me losing what I have. SUPERVISOR STROUGH- Yeah, you have a filtration system there according to the map. MRS. SORESINO- We do, yeah we do. I'm very careful about what goes in my body. COUNCILMAN CLEMENTS- I'd like to say I went over and looked at it too. I really wasn't looking to see if the house was on a foundation or not. I was looking more about where the tank was going to be and how close the other houses were. SUPERVISOR STROUGH- I'm not so sure if those are any issues that are before us tonight. COUNCILMAN CLEMENTS- I understand that. SUPERVISOR STROUGH- I mean if there are issues that concern you, you could have Dave Hatin give us a report. MR. GARRY ROBINSON, AGENT- John, could I just say a couple of things? SUPERVISOR STROUGH- Yes, is that okay if he... MRS. SORESINO- Oh sure. SUPERVISOR STROUGH- Do you have any more questions or thoughts? MRS. SORESINO-No, I'm good. SUPERVISOR STROUGH- But you're welcome to listen to him and if you do... MR. ROBINSON, AGENT- I didn't mean to interrupt but the reason that we're here... SUPERVISOR STROUGH- Yes. MR. ROBINSON, AGENT- Because like you say, we do have some issues with Dave and also the Planning Department. We met with them, we talked with them about how to proceed and what they told us is we needed to come here first and then we would be going to ZBA after this. So we came here first because that's what Dave told us. COUNCILMAN BREWER- So what are the variances you need after here? MR. ROBINSON, AGENT- Well, there's variances for different things for the building; you know setbacks and things like that. So we would go back and... COUNCILMAN BREWER- How many variances for the ZBA? SUPERVISOR STROUGH- They wanted to know that the house had some kind of septic system first. MR. ROBINSON, AGENT- Yes, right, right. COUNCILMAN BREWER- Okay, I get that. MR. ROBINSON, AGENT- Off the top of my head, I couldn't tell you, maybe four or five, I just don't recall off the top of my head. We've met with Dave, we've met with Laura in the Planning Department and as soon as we get through here we'll be scheduling a meeting with Laura to... REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 379 COUNCILMAN BREWER- So, is there plans to do... what are you going to plan to do to the house if you need these variances? MR. ROBINSON, AGENT- Well the house, I can show you. COUNCILMAN BREWER- I mean everything is predicated on us giving you a septic variance... MR. ROBINSON, AGENT- That will be the next step to go there after... COUNCILMAN BREWER- Right. MR. ROBINSON, AGENT- I mean we have some preliminary plans just to... COUNCILMAN BREWER- You want to rebuild the house? MR. ROBINSON, AGENT- Well, it's going to be finished. I believe it is on concrete piers but we'll look into that if it's not but I think it is. COUNCILMAN BREWER- Right. MR. ROBINSON, AGENT- But this is... the meeting with Dave, what he said was why don't you come up with what you're going to do, what you think you're going to do and then we'll take this to Planning Board and then after you get done you can finalize everything. I don't know if you know the steps that they go through but... COUNCILMAN BREWER- Yes. MR. ROBINSON, AGENT- So this is what we came up with... This is pretty much what's there. But it is, it's got a tarp over it, there's not a roof on it, a finished roof. But that's where we are with it. It's just a simple one bedroom building. COUNCILMAN BREWER- Okay. COUNCILMAN CLEMENTS- It's the same footprint of what's there now. MR. ROBINSON, AGENT- Same footprint as what's there, yep, as what was there before they started the renovation. SUPERVISOR STROUGH- So I can think of no other safer way of handling wastewater than a holding tank. COUNCILMAN BREWER- I agree with you. SUPERVISOR STROUGH- It would be safer for the neighbors, safer for the occupant of the house. COUNCILMAN BREWER- For everybody it is. SUPERVISOR STROUGH- Safer for Sunnyside, Lake Sunnyside. Okay, thank you Gerry. Anything else Mrs. Soresino? MRS. SORESINO-No. COUNCILMAN BREWER- I guess what I was saying, what I am trying to get at John, is this stuff is the way it is now and we're having trouble with the building department, are we going to get what's on this print when we say okay to them? I guess that's what my point was. SUPERVISOR STROUGH- Well, it's up to other individuals. COUNCILMAN BREWER- No, I understand that. I get that. SUPERVISOR STROUGH- Yeah. Any other member of the public wish to speak to this application? Yes, sir. REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 380 TRAVIS WHITEHEAD- I don't know how you can go ahead and focus on that little green box and then completely ignore what's outside of that. I mean you four people are the Board of Health right now. You do know that there are other issues there. You know that there are like 17,000 other residents in this Town that are relying on you to make sure that things are done right. You look at that little green box. You've even heard Mr. Garry, I don't remember your last name, but at one point saying everyone has systems similar to this, some better, some similar. It's been mentioned before, months ago. I'm not sure I've heard anybody come back and say yeah we've done a look here and we're going to do this or going to do that. The question is, what about outside of that green box and what if anything does the Board of Health, one, two, three, four people what are they going to do about it, that's my questions. SUPERVISOR STROUGH- Well the answer is that the original proposal for a ground infiltration system, which required more variances, posed particular dangers to properties that surrounded that box. This Board, in this day in age, would not have created a cluster like that to begin with. This is what it is. The individual still has property rights; still have a right to use their property. Now, we've asked the individual to go to a holding tank because that is the safest form of taking care of the wastewater that may come from that house without jeopardizing the neighbors. This Board of Health has done their job. Okay, any other members of the public like to speak to this application? Seeing none, thoughts from the Town Board? COUNCILMAN CLEMENTS- I would like to go take another look at it. So if this is tabled and we don't act on it tonight, I'd go and take another look. If it's not tabled, my vote would be no. COUNCILMAN BREWER- I would like a list of the stuff that's not being done or that they're having issues with Dave. SUPERVISOR STROUGH- Okay. COUNCILMAN BREWER- And I would predicate an approval on that stuff being taken care of before we get this approval to him. SUPERVISOR STROUGH- So you both want to be able to talk to Dave to see what the future holds. COUNCILMAN CLEMENTS- Yes. The only thing I looked at was where the septic was. I didn't know that there were any other problems that were going on with it, so I would like to take a look at the whole project before I vote on it. SUPERVISOR STROUGH- Okay. Well we'll keep the public hearing open and I'll put this on the next meeting and you two can find out the loose ends to make you more satisfied that you have the answers you're seeking and we'll bring it back at our next regular Town Board Meeting, which will be... COUNCILMAN CLEMENTS- Two weeks from today. SUPERVISOR STROUGH- Two weeks from today on the 25th. Okay, Garry we'll put you back on the 25th, we'll leave the public hearing open. MR. ROBINSON, AGENT- Okay, is there someone I could call to try to set something up so we can go to this site? SUPERVISOR STROUGH- Yeah, call my office and Victoria LaMarque will organize a site visit on any Town Board Members that want to go back and revisit the site. MR. ROBINSON, AGENT- Any time better than another, evening, daytime, weekend? COUNCILMAN CLEMENTS- Next week is probably better and Monday, Wednesday and Fridays are better for me. MR. ROBINSON, AGENT- That's fine. SUPERVISOR STROUGH- Okay. REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 381 MR. ROBINSON, AGENT- Okay, thank you. SUPERVISOR STROUGH- Alright, thank you. Alright, having no other items for the Board of Health, is there a motion to move out of the Board of Health? COUNCILMAN BREWER- I'll make a motion. SUPERVISOR STROUGH- Motion made by Councilman Brewer. COUNCILMAN CLEMENTS- I'll second it. SUPERVISOR STROUGH- Seconded by Councilman Clements. All those in favor of moving out of the Board of Health say "Aye". It's unanimous; we are now out of the Board of Health. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BH 32, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Queensbury Board of Health adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 11th day of September, 2017, by the following vote: AYES: Mr. Clements, Mr. Brewer, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Irish 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MINUTES) JIM MACKEY- Spoke concerning Resolution 3.4 Authorizing Partial Payment of Real Property Taxes and Parameters for Such Collection. JENNIFER SWITZER- Also spoke regarding Resolution 3.4 Authorizing Partial Payment of Real Property Taxes and Parameters for Such Collection. ** After further discussion it was the decision of the Board to pull Resolution 3.4 Authorizing Partial Payment of Real Property Taxes and Parameter for Such Collection. TRAVIS WHITEHEAD- Spoke concerning Resolution 3.19 Authorizing Settlement of Pending Article 7 Real Property Assessment Cases Commenced by Troy CMBS Property, LLC Regarding Kmart Store Property. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW ADDITIONAL ABANDONED OR NEGLECTED PROPERTIES RESOLUTION NO.: 249, 2017 REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 382 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution Nos: 157,2017, 178,2017 and 220,2017, the Queensbury Town Board approved the Director of Building and Codes Enforcement's (Director) engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care for certain properties in the Town of Queensbury in a state of serious neglect, and WHEREAS, the Director has advised the Town Board of two (2) additional properties located at 16 Wayne Court and 1040 West Mountain Road in the Town of Queensbury in similar states of neglect, and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding fire and the harboring of ticks and other vermin in the tall grass, and WHEREAS, the Director reports that he has attempted to contact the owners of record by letter and/or posting of the properties, and WHEREAS, the Director reports that his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, WHEREAS, the Director obtained quotes from Cheap Pete's Lawn Care for the amount of$60 for the 16 Wayne Court property and $150 for the 1040 West Mountain Road property, each for a one- time mowing and therefore the Director recommends that the Town Board engage their mowing services, NOW, THEREFORE, BE IT, RESOLVED, that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to the Property Owner(s) of Record as set forth above requiring that they mow the lawn on their land within 10 days and failing to do so, the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 383 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement's engagement of the lawn mowing services of Cheap Pete's Lawn Care for the amount of$60 for the 16 Wayne Court property and $150 for the 1040 West Mountain Road property, each for a one-time mowing, upon Cheap Pete's Lawn Care submitting proper invoices to the Town outlining the date on which the properties were mowed, to be paid for from Account No.: 001-3620- 4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $210 from Contingency Account No.: 001-1990-4400 to Account No.: 001- 3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director of Building and Codes Enforcement to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of the properties so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING 2018 CONTRACT AMOUNT REGARDING TRANSPORTATION AGREEMENT BETWEEN CITY OF GLENS FALLS - GREATER GLENS FALLS TRANSIT SYSTEM AND TOWN OF QUEENSBURY RESOLUTION NO.: 250, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 384 SECONDED BY: Mr.Anthony Metivier WHEREAS, the City of Glens Falls operates a public mass transportation system known as the Greater Glens Falls Transit System (Transit System)which provides transit bus service within portions of Saratoga, Warren and Washington Counties, including the Town of Queensbury, and WHEREAS, by Resolution No.: 338, 2016, the Queensbury Town Board authorized the 2017/2018 Transportation Agreement between the Transit System and Town of Queensbury for an amount of $56,840 annually for 2017, with the amount for 2018 to be set in 2017 by the Advisory Transportation Committee(on which the Town has two representatives), and WHEREAS, the Advisory Transportation Committee has advised that it has set the 2018 annual amount at $57,977 and the Town Board concurs with such amount, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the annual amount of$57,977 for 2018 regarding the Transportation Agreement between the City of Glens Falls' Greater Glens Falls Transit System and Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Senior Planner and/or Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 251, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 385 WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager, to be sold as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept. Asset 2-Stihl String Trimmers Bldg & Grounds n/a Billy Goat Debris Vacuum Bldg & Grounds n/a Echo String Trimmer Bldg & Grounds n/a Snapper Snow Blower Bldg & Grounds n/a Speedaire Portable Air Compressor Bldg & Grounds n/a 2015 Droid Mini Cell Phone w/Case IT 9219 Dell Optiplex 3020 Computer IT 9194 Verizon Droid Mobile Phone IT 9254 2011 John Deere Mower Parks 8958 2001 Ford F-250 Water 3814 1988 Diesel Generator Water n/a NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete as follows: Item Dept. Asset 2-Stihl String Trimmers Bldg & Grounds n/a Billy Goat Debris Vacuum Bldg & Grounds n/a Echo String Trimmer Bldg & Grounds n/a REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 386 Snapper Snow Blower Bldg & Grounds n/a Speedaire Portable Air Compressor Bldg & Grounds n/a 2015 Droid Mini Cell Phone w/Case IT 9219 Dell Optiplex 3020 Computer IT 9194 Verizon Droid Mobile Phone IT 9254 2011 John Deere Mower Parks 8958 2001 Ford F-250 Water 3814 1988 Diesel Generator Water n/a and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus 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 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 252, 2017 REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 387 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2017 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk's Office and also on the Town's website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 253, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 388 WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2017 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk's Office and also on the Town's website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 Reservoir Park Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON ROUTE 9 SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 254,2017 INTRODUCED BY: Mr.Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Route 9 Sanitary Sewer District Benefit Tax Roll for 2017 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk's Office and also on the Town's website, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 389 RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25`h 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 Route 9 Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11th day of September,2017,by the following vote: AYES Mr.Brewer,Mr. Strough,Mr.Metivier,Mr. Clements NOES None ABSENT: Mr.Irish RESOLUTION SETTING PUBLIC HEARING ON SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 255, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2017 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk's Office and also on the Town's website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 390 Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON WEST QUEENSBURY- SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 256, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed West Queensbury Sanitary Sewer District Benefit Tax Roll for 2017 as presented at this meeting, and WHEREAS, such Tax Roll is on file with the Town Clerk's Office and also on the Town's website, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 West Queensbury Sanitary Sewer District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES : Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 391 NOES : None ABSENT: Mr. Irish RESOLUTION TO AMEND 2017 BUDGET RESOLUTION NO.: 257, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2017 Town Budget as follows: From To Code Appropriation Code Appropriation $ 002-9060-8060 Health Insurance 002-9040-8040 Workers' Comp 200 004-5130-4410 Fuel 004-5140-4009 Tree Removal 6,500 Duly adopted this 11th day of September, 2017 by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION APPOINTING SARA GORDON TO TOWN OF QUEENSBURY CEMETERY COMMISSION RESOLUTION NO.: 258, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 392 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, there is presently a vacancy on the Commission, and WHEREAS, the Cemetery Superintendent and Cemetery Commission have recommended that the Town Board appoint Sara Gordon as a Commissioner to serve a new, three(3)year term, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Sara Gordon to serve as a member of the Town of Queensbury Cemetery Commission with her term to expire June 30th, 2020. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION APPOINTING MELANIE DINWIDDIE AS SECRETARY TO SUPERINTENDENT OF HIGHWAYS RESOLUTION NO.: 259, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Secretary to the Superintendent of Highways recently submitted his resignation, and WHEREAS, the Town Highway Superintendent has recommended that the Town Board authorize the appointment of Melanie Dinwiddie to the position, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Melanie Dinwiddie as Secretary to the Superintendent of Highways effective on or about September 12th, 2017 at an annual salary of $41,500 contingent upon Ms. Dinwiddie's successful completion of a pre-employment physical as required by Town Policy, drug and/or alcohol screening, any applicable Civil Service requirements, a REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 393 twenty-six (26) week probation period, and the Town successfully completing a background check as reasonably necessary to judge fitness for the duties for which hired, and BE IT FURTHER, RESOLVED, that such appointment shall expire December 31, 2017, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Town Budget Officer to complete any forms necessary to effectuate the terms of this Resolution. Duly adopted this 11th day of September, 2017 by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING AWARD OF BID FOR TRAFFIC SIGNAL UPGRADES AT INTERSECTION OF BAY ROAD WITH BAYBRIDGE DRIVE AND WILLOWBROOK ROAD RESOLUTION NO.: 260, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 15,2017, the Queensbury Town Board authorized establishment of Traffic Signal Capital Project Fund 4215 providing for the installation and upgrading of Town traffic signals in the Town of Queensbury, and WHEREAS, by such Resolution, the Town Board also engaged the services of Barton & Loguidice, P.C., (B&L) for initiating construction bid documents and construction observation services for traffic signal upgrades at the intersection of Bay Road with Baybridge Drive and Willowbrook Road (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, and REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 394 WHEREAS, by Resolution No.: 235,2017, the Town Board authorized an advertisement for bids for the Project consistent with specifications prepared by B&L, and WHEREAS, on September 6th, 2017, the Town duly received and opened all bids, and WHEREAS, the Town Purchasing Agent and B&L have recommended that the Town Board authorize the bid award for the Project to the only and therefore lowest, responsible bidder, Stilsing Electric, for an amount not to exceed $117,300, and WHEREAS, the Town Board wishes to authorize a transfer, withdrawal and expenditure in the amount of$117,300 from Capital Reserve No. 64 toward this Capital Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserve 464 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby awards the bid for the traffic signal upgrades at the intersection of Bay Road with Baybridge Drive and Willowbrook Road (Project) from the only and therefore lowest, responsible bidder, Stilsing Electric, for an amount not to exceed $117,300, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the transfer, withdrawal and expenditures toward such Project are expenditures for a specific capital project for which the Capital Reserve Fund 464 was established, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that funding for such Project shall be by a transfer from Capital Reserve Fund 464 in the amount of$117,300 to transfer to Traffic Signal Capital Project Fund 4215, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all action necessary to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to increase appropriations and revenues in 215-3310-2899 Capital Construction by $117,300, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation, including any needed Agreement between the Town and REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 395 Stilsing Electric in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Budget Officer, Purchasing Agent and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 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 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF SEPTEMBER IST AND SEPTEMBER 12TH, 2017 RESOLUTION NO.: 261,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of September I"and September 7th, 2017 and payment dates of September I't and September 12th, 2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of September I't and September 7th, 2017 and payment dates of September I't and September 12th, 2017 totaling $63,022.03 and $768,025.29, 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 11th day of September, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 396 AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT : Mr. Irish RESOLUTION CALLING UPON THE STATE LEGISLATURE TO ENACT LEGISLATION AUTHORIZING THE TOWN OF QUEENSBURY TO DIMINISH THE GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT IN THE TOWN OF QUEENSBURY BY REMOVING CERTAIN PARCELS PURSUANT TO TOWN LAW §202-c RESOLUTION NO.: 262, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, on October 3, 2011, the Queensbury Town Board duly adopted Final Order No.: 305,2011 establishing the Glen Lake Aquatic Plant Growth Control District (the "District") in the Town of Queensbury, County of Warren and State of New York; said District being established in accordance with Article 12-A of Town Law, and WHEREAS, in accordance with such Order, a certified copy of such Order has or will be recorded in the Warren County Clerk's Office and a certified copy of such Order has been filed with the State Department of Audit and Control, and WHEREAS, in accordance with the Map, Plan and Report of the Glen Lake Aquatic Plant Growth Control District it was the intention to only include lakefront and non-lakefront lake access parcels that will benefit from improved water quality of the lake and management of invasive species in Glen Lake, and WHEREAS, the Glen Lake Advisory Board has requested that the Town Board diminish the boundaries of the Glen Lake Aquatic Plant Growth Control District in order to remove certain parcels that do not have access to the lake and that, therefore, do not benefit from the improved water quality of the lake management of invasive species, and WHEREAS, the Town has reviewed Town Law §202-c and, more specifically §202-c(2), regarding the "[d]issolution and diminishing area of certain districts" and has determined that in order to diminish the Glen Lake Aquatic Plant Growth Control District by removing certain parcels, the Town must seek special legislation in order to do so since the Town, on its own motion, does not possess the legal authority to do so, and REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 397 WHEREAS, the owners of the following parcels of real property included in the Glen Lake Aquatic Plant Growth Control District are not benefited by easements or rights of way to the shores of Glen Lake and thus are not impacted by milfoil and other non-native, invasive aquatic plant species in Glen Lake do not benefit from the improved water quality of the lake management of invasive species: Parcel 1: 31 Glen Lake Rd, Town of Queensbury, County of Warren, State of New York Tax Map Parcel No.: 289.6-1-17.2 More particularly described in a deed from Mary L. Sicard and Linda L. Sicard to Mary L. Sicard dated February 26, 2015 and recorded in the Warren County C'lerk's Office on February 27, 2015 in Book 5119 of'deeds at Page 77. Special District Tax Paid 2017 (est.): $130.00 Parcel 2: Glen Lake Rd, Town of Queensbury, County of Warren, State of New York Tax Map Parcel No.: 289.6-1-17.3 More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and Mary Sicard dated September 28, 1990 and recorded in the Warren Coirrrty C'lerk's Office ori October 18, 1990 in Book 806 of Deeds at Page 189. Special District Tax Paid 2017 (est.): $130.00 Parcel 3: Nacy Rd, Town of Queensbury, County of Warren, State of New York Tax Map Parcel No.: 289.6-1-17.4 More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk's Office ori October 18, 1990 in Book 806 of Deeds at Page 189. Special District Tax Paid 2017 (est.): $130.00 Parcel 4: 30 Louise Ln, Town of Queensbury, County of Warren, State of New York Tax Map Parcel No.: 289.6-1-36 More particularly described in a deed from Charles O. Sicard to Charles L. Sicard dated December 21, 1993 and recorded in the Warren Countv Clerk's Office ori January 04, 1994 in Book 904 of Deeds at Page 309. REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 398 Special District Tax Paid 2017 (est.): $130.00 Parcel 5: Island in Glen Lake Lk, Town of Queensbury, County of Warren, State of New York Tax Map Parcel No.: 289.17-1-19 More particularly described in a deed from Capt. Michael E Miller to Kathleen A. Gowen dated Mav 15, 2012 and recorded in the Warren County C'lerk's Of frce oil Jzme 8, 2012 ill Book 4506 of Deeds at Page 316. Special District Tax Paid 2017 (est.): $130.00 and WHEREAS, it is the understanding of the Town that it does not have the authority to remove Parcel 1, Parcel 2, Parcel 3, Parcel 4 or Parcel 5, as described herein, from the Glen Lake Aquatic Plant Growth Control District pursuant to Article 12-A of the Town Law, without special legislation from the State, and WHEREAS, there is no indebtedness, outstanding or unpaid, affecting the Glen Lake Aquatic Plant Growth Control District, NOW, THEREFORE, BE IT RESOLVED, THAT: Section 1. The Town hereby requests the State Legislature of the State of New York to enact a statutory provision authorizing the Town of Queensbury to remove Parcel 1, Parcel 2, Parcel 3, Parcel 4, and Parcel 5, as more specifically described herein, from the Glen Lake Aquatic Plant Growth Control District since the parcels of real property are not benefitted from the inclusion in the District and are not under or bordered by Glen Lake or benefited by easements or rights of way to the shores of Glen Lake in the Town of Queensbury, and thus are not impacted by milfoil and other non-native, invasive aquatic plant species in Glen Lake and, therefore, do not benefit from the improved water quality of the lake management of invasive species. Section 2. The Town hereby calls upon the Governor of the State of New York, New York Senate Majority Leader John J. Flanagan and New York State Assembly Speaker Carl Heastie and the members of the State Senate and State Assembly to take all necessary actions to adopt the foregoing. Section 3. The Town Board hereby authorizes the Town Clerk to deliver a certified copy of this Resolution to any and all necessary persons in the New York State Senate and New York State Assembly. Section 4. This Resolution shall take effect immediately. Duly adopted this 11th day of September, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 399 AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2017 RESOLUTION NO. 263, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL FOR 2017 REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 400 RESOLUTION NO.: 264, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION SETTING PUBLIC HEARING ON NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT -DUNHAM'S BAY - BENEFIT TAX ROLL FOR 2017 RESOLUTION NO.: 265, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to set a public hearing concerning adoption of the proposed North Queensbury Wastewater Disposal District — Dunham's Bay - Benefit Tax Roll for 2017 as presented at this meeting, REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 401 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, September 25th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens concerning the proposed 2017 North Queensbury Wastewater Disposal District—Dunham's Bay Benefit Tax Roll, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to post on the Town's bulletin board and publish in the Town's official newspaper a Notice of Public Hearing not less than ten (10) days prior to the hearing date and to mail a copy of the Notice of Public Hearing along with a copy of the Tax Roll to each property owner within such District. Duly adopted this 11th day of September, 2017, by the following vote: AYES : Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY TROY CMBS PROPERTY, LLC REGARDING KMART STORE PROPERTY RESOLUTION NO.: 266, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Troy CMBS Property LLC previously commenced an Article 7 Real Property Assessment Review case against the Town of Queensbury for tax years 2004-2016 concerning the assessment on its Kmart Store property located at 308 Dix Avenue in the Town of Queensbury (Tax Map No.: 303.19-1-71) and WHEREAS, it appears to be in the best interests of the Town to avoid significant costs that would result if the litigations continues and goes to trial, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the case with Town Counsel, and REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 402 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 of the pending Article 7 cases against the Town of Queensbury brought by Troy CMBS Property LLC concerning its K-Mart Store property for the 2004 through 2016 tax years concerning the assessment on property located at 308 Dix Avenue in the Town of Queensbury (Tax Map No.: 303.19-1-71) as follows: 1) A lump sum total refund of$750,000 shall be apportioned between the Town, Queensbury School District; Special District; and County taxing jurisdictions in accordance with their respective percentages; 2) The Proceedings challenging the 2004 through 2016 assessments shall be discontinued; and BE IT FURTHER, RESOLVED, that unless otherwise ordered by the Court, refunds based upon the reductions of the 2004 through 2016 assessments shall be paid without interest provided they are paid within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the settlement, with Notice of Entry, on the Town and on the Warren County Treasurer, together with the necessary Demand for Payment, and BE IT FURTHER, RESOLVED, that assessments for the next three (3) tax years shall be set as follows: Tax Year Assessment 2017 $5,000,000 2018 $5,000,000 2019 $5,000,000 and BE IT FURTHER, RESOLVED, that approval of this Settlement Agreement is contingent upon Town Counsel's review and approval of the Stipulation of Settlement and Order, and 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 11th day of September, 2017, by the following vote: REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 403 AYES Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: Mr. Irish 4.0 CORRESPONDENCE- ROSE MELLON, DEPUTY TOWN CLERK II- The monthly reports for Community Development/Building and Codes for both July & August are on file in the Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) RONALD MONTESI- Spoke regarding Councilman Irish's absence on the Town Board. RON BALL- Spoke regarding an issue he is having with the water tower on West Mountain Road. Noted that Councilman Irish came out on Labor Day to discuss the situation with him. TRAVIS WHITEHEAD- Received via email from Councilman Irish a tentative agreement that was being proposed by Gravity Renewables (the 20 year power purchase agreement the Town Board is considering). JOHN SALVADOR- Asked Supervisor Strough to give report during Town Board Discussions on the following projects: Status of the Carey Road Sewer District, Real Property Transfer Law and the Dunham's Bay Pollution Abatement Program. GEORGE FERRONE- Stated that while he is ready to step in as Ward III Councilman, he is in support of Councilman Irish staying on the Town Board until the end of the year if he wishes to do so. RACHEL SEEBER- • Spoke regarding Mr. Montesi's comments concerning Councilman Irish. She stated for the record that Councilman Irish is not her campaign manager. • Would like to see the Town post the videos of Town Board Meetings on the Town's website just as the County does. CATHERINE ATHERDEN- Stated that Town Board Members should be present at meetings. Video conferencing is a great tool but not in this instance. It does not seem to be an effective way to serve the public. JOHN CARPENTER- Spoke regarding a discussion he had with Supervisor Strough approximately a year ago concerning rezoning his property located on Route 149. SUPERVISOR STROUGH- Advised Mr. Carpenter to submit something in writing requesting that change and it will be considered. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I)- Nothing to report. COUNCILMAN CLEMENTS (WARD ll)- Made a visit to Jenkinsville to check out the new pickle ball court. They are very nice. • Commented on the Republican Party Primary that was reported in the Post Star. With regards to the Property Transfer Law, this has been a shared effort with a lot of help from citizens. Stated that the Board should do more to accomplish things with input from citizens in a team effort. • Would like to move forward with implementing video conferencing for the Town of Queensbury in conjunction with some other technology services. This will be a great REGULAR TOWN BOARD MEETING, 09-11-2017,MTG 928 404 benefit to our taxpayers and help provide more open government. Will be meeting with the Town's IT provider, Stored Tech, this week to discuss some possible offerings for the Town. Invited any citizens of the Town to contact him if they would like to be involved. • Special Thanks to all the citizens who attend these meetings. • Stated that his thoughts and prayers are with the 9/11 victims, first responders, and all of the families, especially today. COUNCILMAN BREWER (WARD IV)- Nothing to report. SUPERVISOR STROUGH- • Reviewed the various functions he attended. • Received a thank you from Mr. Tierney for his help with contacting the State concerning some trees that needed to be removed near his property. • Received a thank you from a constituent regarding the work on John Clendon Road on fixing that culvert in a timely manner. • Thanked all who helped with the Halfway Brook cleanup. • Received a thank you from the YMCA for the Town Board's support. • Spoke regarding the Assembly Point Water Quality Coalition. • Presented Supervisor's report to the Board and community on projects/activities within the Town. • Presented update, per John Salvador's request, on the Carey Road Sewer District, Real Property Transfer Law and the Dunham's Bay Pollution Abatement Program. • There will be a workshop on September 13th to discuss the Property Transfer Law. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 267, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Brian Clements RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 11th day of September, 2017, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Brewer NOES: None ABSENT: Mr. Irish MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK II. Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury