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2017-11-20 MTG #39 REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 518 REGULAR TOWN BOARD MEETING MTG# 39 NOVEMBER 20, 2017 RES# 338-350 7:00 P.M. BH# 38-40 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN BRIAN CLEMENTS COUNCILMAN GEORGE FERONE COUNCILMAN TIM BREWER TOWN COUNSEL KARA LAIS, ESQ. TOWN OFFICIALS: CHRIS HARRINGTON, WATER/WASTEWATER SUPERINTENDENT PRESS LOOK TV POST STAR SUPERVISOR STROUGH-Called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN F. STROUGH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 338, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone 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 201h day of November, 2017 by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough NOES: None ABSENT: None PUBLIC HEARING- SANITARY SEWAGE DISPOSAL VARIANCE OF THE ESTATE OF BARBARA C. BARRY PUBLICATION DATE: OCTOBER 20, 2017 NOTICE SHOWN SUPERVISOR STROUGH- We left the public hearing open. We did a site visit. We have a situation where it's the estate of Barbara Barry and there's a proposed buyer. This is at 3 Glen Hall Drive. The proposal is to put in two 1,500 gallon holding tanks for a total of 3,000 gallons. Tom Center is the engineer and the agent is Mike O'Connor. Holding tanks, because of probably the size of the lot and also because of the relationship with the adjoining wells of the adjoining lots. It's a pre-existing 50 foot lot. There was a prior camp here, it's been demolished and removed. This new owner proposes to Vr ace that former camp. So we dealt with this October 16th and we set a public hearing for November 6t and we had that public hearing on November 6th and then we had some questions. We wanted to do REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 519 a site visit so we did do the site visit Friday on November 17th at 3pm and so with that as an introduction I will let the Agent and or the Engineer elaborate further if you wish to. MICHAEL O'CONNOR, AGENT- Thank you Mr. Strough. This is a proposal for two holding tanks that will be capable of being parked on. We have more details for you tonight. Tom has actually put some of the engineering notes on there as to the alarm system as to what kind of a ...put into the ground. I also have with me, I just received in my hands earlier today a set of plans for the actual house being built...(presented to Board Members the blue prints of house). COUNCILMAN BREWER- Is that the only difference in the map, Mike;just the engineering notes on it, than what we had last week? TOM CENTER, ENGINEER- Yes, that's correct. We added the holding tank notes, the holding tank themselves... COUNCILMAN BREWER- Okay. MR. CENTER, ENGINEER- The location with the well set... SUPERVISOR STROUGH- So Tom the elevation of the house and the elevation of the holding tanks are such that they'll be gravity fed or ... MR. CENTER, ENGINEER-No, actually a grinder pump installed in the residence which will pump it to the holding tank. SUPERVISOR STROUGH- So where will that grinder pump be located, in the house? MR. CENTER, ENGINEER-No, it will be located...underneath the residence. SUPERVISOR STROUGH- Okay. MR. CENTER, ENGINEER- It's a poly tank with a grinder pump... it also comes with alarms...the actual grinder pump system to the house within the building... SUPERVISOR STROUGH- Okay. How many bedrooms? MR. O'CONNOR, AGENT- Two bedrooms. SUPERVISOR STROUGH- Okay, yeah alright, now I see it. Any questions for the applicant or the agent? COUNCILMAN CLEMENTS- I just have one. The last time we were here you said there would be either two 1,500 gallon tanks or three 1,000 gallon tanks, are you still... MR. O'CONNOR, AGENT- No, we come to two 1,500 gallon tanks as shown on this plan. COUNCILMAN CLEMENTS- Okay. SUPERVISOR STROUGH- Well, the public hearing is still open. Let's see if there's a member of the public that wants to speak to this. If there is, I'll ask you to sit down temporarily and then I'll ask you to come back and maybe respond. Is there any member of the public that wishes to speak to this application? Seeing none, okay. COUNCILMAN FERONE- Supervisor Strough, we don't need to go into specifics but one of the things we've talked about that day was how... parking was going to be over the top of the tank? MR. O'CONNOR, AGENT- Yes. COUNCILMAN FERONE- Okay. So the tanks would have to be engineered, yeah. MR. O'CONNOR, AGENT- Traffic top tanks. REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 520 MR. CENTER, ENGINEER- Those are within the notes on that drawing. COUNCILMAN FERONE- Okay. MR. O'CONNOR, AGENT- Traffic graded tanks with traffic graded... COUNCILMAN BREWER- We've got a note right here, George. MR. O'CONNOR, AGENT- Also, we are going to 1,500... SUPERVISOR STROUGH- Plus you... MR. O'CONNOR, AGENT- Keep the tanks in the middle and it worked. SUPERVISOR STROUGH- And I'm glad that you did the buoyancy calculation, that's nice. Any further questions? COUNCILMAN BREWER- No, I think no issue really. The holding tank is probably the safest thing out there. It's not going anywhere, it's in a tank and when it gets to a certain level, it shuts off. I'm pretty set with it, I think. SUPERVISOR STROUGH- Everyone comfortable? Anyone want to make a motion? COUNCILMAN BREWER- I'll make it. SUPERVISOR STROUGH- Alright, Resolution to approve made by Councilman Brewer. COUNCILMAN METIVIER- I'll second. SUPERVISOR STROUGH- Seconded by Councilman Metivier. RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCE OF ESTATE OF BARBARA C. BARRY RESOLUTION NO.: BOH 38,2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Estate of Barbara C. Barry (Applicant) filed an application for a variance from Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11, which requires applicants to obtain a variance for holding tanks, as the Applicant wishes to install two (2) 1,500 gallon septic holding tanks for a total of 3,000 gallons of capacity on property located at 3 Glen Hall Drive in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, November 6th, 2017, and on November 20th, 2017 WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 521 NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, it is felt that the variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of the Estate of Barbara C. Barry for a variance from the Sewage Disposal Ordinance to allow installation of two (2) 1,500 gallon septic holding tanks for a total of 3,000 gallons of capacity on property located at 3 Glen Hall Drive in the Town of Queensbury, bearing Tax Map No.: 289.11-1-27. Duly adopted this 20th day of November, 2017, by the following vote: AYES : Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier NOES None ABSENT: None SUPERVISOR STROUGH-Explained that the public hearing for the sewage disposal variance application of Judy Pontiff will be held on December 4th, 2017. A site visit will be arranged with the Agent, Dennis MacElroy. RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JUDY PONTIFF RESOLUTION NO.: BOH 39,2017 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 522 WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issues variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Judy Pontiff(Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires an applicant to obtain a variance for a holding tank, as the Applicant wishes to replace her wastewater system by installing a holding tank system, with such holding tank capacity to be 2,000 gallons in lieu of the required capacity of 3,000 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of such holding tank: 1. 33' from the lot 49 well in lieu of the required 50' setback; 2. 34' from the onsite well in lieu of the required 50' setback; and 3. 6' from the south property line in lieu of the required 10' setback; on property located at 52 Sunnyside North in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, December 4th, 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Judy Pontiff's sewage disposal variance application concerning property located at 52 Sunnyside North in the Town of Queensbury and bearing Tax Map No.: 279.17-2-37 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 20th day of November, 2017, by the following vote: AYES Mr. Ferone, Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 40, 2017 INTRODUCED BY: Mr. Brian Clements WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 523 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 201h day of November, 2017, by the following vote: AYES: Mr. Brewer, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTION ONLY (LIMIT- 3 MINUTES) JOHN SALVADOR- Spoke regarding Resolution 3.7, Final Order Establishing Proposed Carey Road Sanitary Sewer District. TRAVIS WHITEHEAD- Also spoke regarding Resolution 3.7, Final Order Establishing Proposed Carey Road Sanitary Sewer District. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING 2018 RENEWAL CONTRACT FOR EMPIRE BLUE CROSS MEDICARE ADVANTAGE INSURANCE PLAN RESOLUTION NO.: 339, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury previously entered into agreements for employee group health insurance plans with Blue View Vision, Empire Blue Cross and Empire Blue Cross Medicare Advantage, and WHEREAS, the Town Board, in conjunction with Capital Financial Group, has negotiated a renewal contract for the year 2018 with Empire MediBlue Freedom (PPO) Medicare Advantage, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a renewal contract for the year 2018 with Empire MediBlue Freeom (PPO) Medicare Advantage with the 2018 monthly premium to be $439.69 per member, and BE IT FURTHER, RESOLVED, that in the event that surcharges, fees or taxes are mandated or imposed on the Town's health insurance policies that are beyond the Town's control, resulting rate changes may be REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 524 passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation 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 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None RESOLUTION SETTING HEARING ON MARIANNE MC DONOUGH'S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 - SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 340, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue variances from §136-44 "Connection to sewers required" which requires Town property owners situated within a sewer district and located within 250' of a public sanitary sewer of the sewer district to connect to the public sewer facilities within one(1)year from the date of notice, and WHEREAS, Marianne McDonough has applied to the Town Board for a variance/waiver from §136-44, as Ms. McDonough has requested a continuing waiver and/or permanent relief from the Town's connection requirements to connect the Graycourt Motel property to the Town of Queensbury's Route 9 Sewer District for the reasons set forth in the October 13th, 2017 letter and application presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board will hold a hearing on Monday, December 4th 2017 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Marianne McDonough's sewer connection variance/waiver application concerning the Graycourt Motel property REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 525 delineated in the preambles of this Resolution and located at 1082 State Route 9, Queensbury (Tax Map No.: 296.9-1-9), and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Hearing presented at this meeting to Ms. McDonough as required by law. Duly adopted this 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING NORTH QUEENSBURY VOLUNTEER FIRE COMPANY, INC.'S PURCHASE OF SCOTT AIR PACKS AND NECESSARY, ASSOCIATED EQUIPMENT RESOLUTION NO.: 341,2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 restricted vehicles/equipment fund without prior approval of the Queensbury Town Board, and WHEREAS, the Fire Company has advised that it wishes to replace its Air Packs systems by purchasing 19 Scott Air Packs X3 with safety harnesses, 38 Scott air cylinders and 16 Scott AV3000 face pieces (Air Packs) for a sum not to exceed $126,037.15, such purchase already included in the scheduled Fire Company's five (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 REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 526 WHEREAS, the Fire Company plans on paying for the Air Packs by using funds in its operations budget savings as well as from its restricted vehicles/equipment fund, such monies already included in the Fire Company's approved 2017 budget and Agreement with the Town, and WHEREAS, the Town Board feels that these new Air Packs will provide additional safety protection for the Fire Company's firefighters and the Town and therefore the Town Board wishes to adopt a Resolution authorizing the purchase of the Air Packs, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the North Queensbury Volunteer Fire Company, Inc.'s proposal to purchase 19 Scott Air Packs X3 with safety harnesses, 38 Scott air cylinders and 16 Scott AV3000 face pieces (Air Packs) for a sum not to exceed $126,037.15, such purchase already included in the scheduled Fire Company's five (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 BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Fire Company to use approximately $60,000 in funds from its restricted vehicles/equipment fund toward such purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any action necessary to effectuate all terms of this Resolution. Duly adopted this 20th day of November, 2017 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING PROJECT CHANGES RELATED TO STORMWATER IMPROVEMENT GRANT PROGRAM - CAPITAL PROJECT FUND #209 RESOLUTION NO.: 342, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 527 WHEREAS, in 2014 the Warren County Soil and Water Conservation District (WCSWCD) was awarded a stormwater improvement grant funded by the New York State Department of Environmental Conservation (NYSDEC) through its Round 11 Water Quality Improvement Program, and WHEREAS, the Town of Queensbury was included in WCSWCD's grant application as a prospective partner with the following Projects identified for funding: • Assembly Point Knox intersection- bioretention or porous pavers need test pits; • Assembly Point Sunset intersection- two drywells; • Pickle Hill Tributary- three drywells; • Lockhart south project- Large drainage in combo with Bay Road- one drywell; • Lockhart north project drywells, turnouts- one drywell, check dams, stable turnouts; • Chestnut Road Glen Lake- one drywell and paved swale; and WHEREAS, by Resolution No.: 272,2015, the Queensbury Town Board accepted $39,000 in such grant funds with the effective date of the grant being January 1, 2015 through December 31, 2017, and WHEREAS, by Resolution No.: 124,2016, the Town Board authorized the establishment of Stormwater Improvement Grant Program Capital Project Fund 4209 which Fund established funding for expenses associated with the Project, and WHEREAS, by letter dated October 31, 2017, the WCSWCD has requested a two (2) year time extension for this grant from the NYSDEC and has also proposed changes to the original projects selected by the WCSWCD due to certain site or landowner issues, and WHEREAS, the NYSDEC has approved the new projects as they meet the Program's goals and are located within the same watershed, and WHEREAS, a summary of such proposed Project changes is as follows: • Assembly Point Knox Intersection- Bioretention/porous pavers has been cancelled and replaced by Sunnyside East Project—Filter sox will be installed along roadside; • Pickle Hill Tributary- three drywells has been cancelled and replaced by Fort Amherst Project— Bioretention system; • Lockhart South Project- Large drainage in combo with Bay Road- one drywell; • Chestnut Road Glen Lake- one drywell cancelled and replaced with Birch Road drywell install; • Lockhart North Project drywells, turnouts, one drywell cancelled and replaced by Woodchuck Hill Project; • Birdsall Road—Bioretention system; and REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 528 WHEREAS, the Town Highway Superintendent concurs with such proposed Project changes, and WHEREAS, the Town Board wishes to authorize the two (2) year time extension for this grant as well as such proposed Project changes, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a two (2) year time extension (through December 31, 2019) and the Project changes related to the Stormwater Improvement Grant Program Capital Project Fund 4209 as set forth in the preambles of this Resolution, as well as any other necessary changes to the scope of the Projects as may be deemed acceptable to the Town Supervisor, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 201h day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT : None RESOLUTION AUTHORIZING ACCEPTANCE OF $1,000 DONATION FROM STEWART'S SHOPS TOWARDS SUPPORT OF TOWN RECREATION PROGRAMS AT RIDGE-JENKINSVILLE PARK RESOLUTION NO.: 343,2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Stewart's Shops has offered to donate $1,000 to the Town of Queensbury Parks and Recreation Department towards the support of recreation programs at the Ridge-Jenkinsville Park, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents, and therefore wishes to approve and authorize such donation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 529 RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of $1,000 from Stewart's Shops to the Town Parks and Recreation Department to be used towards the support of recreation programs at the Ridge-Jenkinsville Park, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase the Recreation Programs Expense Account No.: 001-7110-4824 by $1,000 and the Gifts and Donations Revenue Account No.: 001-0000-52705 by $1,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town's Director of Parks and Recreation to send a certified copy of this Resolution to Stewart's Shops with a letter from the Town thanking Stewart's Shops for its generosity. Duly adopted this 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None RESOLUTION TO AMEND 2017 BUDGET RESOLUTION NO.: 344, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer 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 $ REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 530 004-5142-1010 Wages (Winter) 004-5110-1001 Wages (Summer) 100,000 004-5130-4410 Fuel 004-5140-4009 Tree Removal 10,000 Increase Revenue 004-0000-53501 CHIPS 100,000 Increase Appropriation 004-5112-2899 Capital Construction 100,000 Duly adopted this 20th day of November, 2017 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT : None FINAL ORDER ESTABLISHING PROPOSED CAREY ROAD SANITARY SEWER DISTRICT RESOLUTION NO.: 345,2017 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.Tim Brewer WHEREAS, the Town of Queensbury wishes to create a Sanitary Sewer District to serve the Carey Industrial Park and adjacent properties along Corinth Road, Carey Road, Silver Circle, Big Bay Road and Big Boom Road in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) was prepared by The Chazen Companies (Chazen), concerning the proposed sewer district, and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 531 possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the estimated annual cost to the "typical property"was filed with the Town Clerk and made a part of the Map,Plan and Report, and WHEREAS, on August 15, 2016, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the "Public Hearing Order") reciting (a) the boundaries of the proposed Sewer District, (b) the proposed improvements, (c) the maximum amount proposed to be expended for the improvements, (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and the typical one or two family home (if not the typical property), (e) the proposed method of financing to be employed, (f)the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk's Office, and(g)the time and place of a public hearing on the proposed Sewer District, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical one or two family home (if not the typical property) were computed was filed with the Town Clerk for public inspection as part of the Map,Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on September 12, 2016 and the Town Board has considered the evidence given together with other information, and WHEREAS, on September 12, 2016, the Town Board adopted a Resolution determining that there will be no adverse environmental impacts from the formation of the District and construction of the improvements, and authorized the filing of a Negative Declaration for the project under the State Environmental Quality Review Act ("SEQRA"), and WHEREAS, on September 12, 2016 the Town Board adopted a Resolution determining that (a) the Order scheduling the Public Hearing was published and posted as required by law and was otherwise sufficient, (b) all of the property and property owners within the proposed Sewer District would be benefited thereby, (c) all of the property and property owners benefited are included within the boundaries of the proposed Sewer District and(d) it is in the public interest to establish, authorize, and approve the Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Sewer District to be as described in the Map, Plan and Report, subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain conditions specified in the Resolution including approval by the New York State Comptroller, and WHEREAS, the Town Clerk duly posted and published the notice required for resolutions subject to permissive referendum and no petition for referendum was filed within 30 days after the date of the Resolution, and the Town Clerk has caused a certificate to that effect to be filed in the office of the County Clerk and the State Department of Audit and Control, and WHEREAS, the permission of the State Comptroller to create the Sewer District in accordance with Town Law §209-f was granted on November 10`h, 2017, and REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 532 WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS HEREBY ORDERED,that the Town of Queensbury Carey Road Sanitary Sewer District be established as described in the Map, Plan and Report and the improvements described be constructed and the service within the Sewer District be provided upon the required funds being made available or provided for, and it is FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be filed in the office of the State Department of Audit and Control in the time and manner required by law, and it is FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk and Town Counsel to take all other actions necessary to effectuate the intent of this Resolution. Duly adopted this 20th day of November,2017,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr. Clements,Mr.Ferone,Mr.Brewer NOES None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF SANITARY SEWER FORCE MAIN AND RIGHT OF WAY & EASEMENT FROM RAN SAUNDERS PROPERTY DEVELOPMENT, LLC RESOLUTION NO.: 346, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, RAN Saunders Property Development, LLC (Saunders) constructed a 4" diameter pressure sanitary sewer main which connects to the Town of Queensbury's gravity sewer main in front of Stewart's Shops on the corner of Corinth and Big Bay Roads to serve the Sky Zone Trampoline Park on Corinth Road (sewer main), such infrastructure to become part of the Carey Road Sanitary Sewer District, and WHEREAS, Nace Engineering, P.C. has inspected such sewer main and has certified that it has been constructed and completed in conformance with approved site plans for the project, and WHEREAS, Saunders now wishes to dedicate such sewer main to the Town and convey and assign to the Town of Queensbury all rights to his Right of Way and Easement (Easement) dated December 15, 2016 between Stewart's Shops Corp. and Saunders, a copy of which is presented at this REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 533 meeting, regarding the pressure sewer easement for the sole purpose of connecting a sewer line to the Town's existing sewer line, and WHEREAS, the Town Board wishes to accept dedication of such sewer main and the transfer of the Easement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes its acceptance of dedication of the 4" diameter pressure sanitary sewer force main from RAN Saunders Property Development, LLC (Saunders) as delineated in the preambles of this Resolution, such infrastructure to become part of the Carey Road Sanitary Sewer District, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and accepts the Right of Way and Easement (Easement) from Saunders regarding the pressure sewer easement in form acceptable to the Town Supervisor, Town Wastewater Director and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Wastewater Director and/or Town Counsel to prepare and execute all documents and take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF PART-TIME LABORERS FOR TOWN CEMETERY DEPARTMENT RESOLUTION NO.: 347,2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town Transfer Stations maintain a roster of part-time employees who work on an on-call basis when needed, and REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 534 WHEREAS, the Queensbury Cemetery Superintendent has requested authorization to also hire from such roster so that part-time Laborers can work on an "on-call" basis for the Cemetery Department while two (2) full-time employees in her Department are out indefinitely, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the Town Cemetery Superintendent's hiring of part-time employees from the Transfer Stations' roster, such part-time employees to work on an on-call basis, not to exceed 20 hours per week per part-time employee, commencing on or about November 20th, 2017, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF NOVEMBER 21ST, 2017 RESOLUTION NO.: 348,2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of November 16th, 2017 and a payment date of November 21St, 2017, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of November 16th, 2017 and a payment date of November 21St, 2017 totaling $460,844.91, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 535 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 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT : None RESOLUTION AUTHORIZING TOWN HIGHWAY DEPARTMENT TO OUTSOURCE ADDITIONAL PAVING TO PECKHAM ROAD CORPORATION RESOLUTION NO.: 349, 2017 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 241, 2017, the Queensbury Town Board authorized the Town Highway Superintendent's request to outsource paving in the amount of$307,097.27 from Peckham Road Corporation, and WHEREAS, the Town Highway Superintendent has requested further Town Board approval to outsource additional paving work on Luzerne Road to Peckham Road Corporation, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County Bid and therefore in this instance, the Town of Queensbury is again "piggybacking" with Warren County Bid 41-17, Heavy Highway Construction, for paving within the Town of Queensbury, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's request to outsource paving in the amount of$98,970 from Peckham Road Corporation for paving on Luzerne Road to be paid from Chips Capital Construction, Account No.: 004-5112-2899, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 536 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of November, 2017, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer NOES None ABSENT: None 4.0 CORRESPONDENCE ROSE MELLON, DEPUTY TOWN CLERK II- Received a letter from Travis Whitehead dated November 10, 2017. It has been stamped in and will be on file in the Town Clerk's Office. 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) JOHN SALVADOR- Spoke regarding the Town Board Meeting of November 6th where the Board authorized a settlement of a pending Article 7 property assessment case commenced by the Glens Falls Country Club. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN BREWER (WARD IV)- Nothing to report. COUNCILMAN FERONE (WARD III)- Attended the Albany Business Review breakfast at the Queensbury Hotel last Friday. • Was approached by a constituent regarding a ZBA meeting last month. She was interested in the outcome of the proposed project concerning the Leuci property on John Clendon Road. COUNCILMAN CLEMENTS (WARD II)- Nothing to report. COUNCILMAN METIVIER(WARD I)- Wished everyone a Happy Thanksgiving. SUPERVISOR STROUGH- • We have two alternate positions open on the Planning Board. There is also an opening for an alternate on the Zoning Board of Appeals. • Presented Supervisor's Report to Board and Community. • Reviewed various functions he attended recently. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 350, 2017 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 11-20-2017, MTG 439 537 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 201h day of November, 2017, by the following vote: AYES: Mr. Metivier, Mr. Clements, Mr. Ferone, Mr. Brewer, Mr. Strough NOES: None ABSENT: None MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK II. Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury