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2018-08-06 MTG#30 REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 93 REGULAR TOWN BOARD MEETING MTG# 30 AUGUST 6, 2018 RES# 280-298 7:05 P.M. BH# 19-20 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL ROBERT HAFNER, ESQ. TOWN OFFICIALS: DAVID DUELL, HIGHWAY SUPERINTENDENT PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 280, 2018 INTRODUCED BY: Mr. Anthony Metivier 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 enters into the Queensbury Board of Health. Duly adopted this 61h day of August, 2018 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND ROBIN MEYERS RESOLUTION NO.: BOH 19,2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 94 SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Robert and Robin Meyers have applied to the Local Board of Health for a variance from Chapter 136 to install a replacement absorption bed within 10' of their existing foundation in lieu of the required 20' setback on property located at 5 Gilmore Avenue 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, August 20th, 2018 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Robin Meyers' sewage disposal variance application concerning property located at 5 Gilmore Avenue in the Town of Queensbury (Tax Map No.: 295.19-3-11) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 20, 2018 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 95 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 61h day of August, 2018, by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None 2.0 PUBLIC HEARINGS SUPERVISOR STROUGH- Our Town Attorney felt that the notice needed to be clearer in terms of amending or proposing to amend the Code. There was a public hearing scheduled for tonight so in reference to the commercial sand, gravel, topsoil extraction to rural residential and heavy industrial zones and more specifically they want to put out a notice that makes clear that part of what's being proposed is the 1,000 foot buffer, which still stays 1,000 foot buffer, but who has jurisdiction over it, does the ZBA or the Planning Board? What is being proposed is that the Planning Board would have jurisdiction over that 1,000 foot buffer. I see some emails and such that it's a guaranteed, it's not guaranteed. It might be likely, the Zoning Board could change it, the Planning Board could change it, the Zoning Board could keep it the same, the Planning Board could keep it the same. It's not guaranteed, it's the standard. What we're proposing is that with the Planning Board reviews everything that it might behoove us and it might be in the best interest to give them the power to change or not change based on what they're hearing from the public, based on what they're hearing from the applicant, based on their sense of community planning and so forth. In any event, we're going to re- notice this and we have a Resolution before us that I'll get to shortly that is going to set the public hearing for August 20th here in the building at 7:00pm. RESOLUTION AUTHORIZING RESCHEDULING OF PUBLIC HEARING ON PROPOSED LOCAL LAW NO. OF 2018 TO AMEND QUEENSBURY TOWN CODE AND TOWN ZONING MAP RESOLUTION NO.: 281, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 273,2018, the Queensbury Town Board set a public hearing concerning proposed Local Law No.: of 2018 to amend its Zoning Law and Map, and REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 96 WHEREAS, the Town Board wishes to reschedule the public hearing until Monday, August 20th 2018 and re-notice the hearing, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the rescheduling of the Public Hearing concerning proposed Local Law No.: of 2018 to amend its Zoning Law and Map to Monday, August 20th, 2018 at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. at which time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MINUTES) TRAVIS WHITEHEAD- • Spoke regarding Resolution 4.14 Authorizing Town Clerk to Submit Seaton Property Holdings, LLC's Petition for Change of Zone Application to Queensbury Planning Board and Requesting Planning Board to Seek Lead Agency Status. • Spoke on Resolution 4.9 Engagement of the Chazen Companies to Provide Professional Engineering Services Concerning Salt Barn Modifications and Improvements. • Addressed the Board concerning Resolution 4.16 Authorizing Engagement of U.S. Security Associates, Inc., for Unarmed Security Services. SKIP STRANAHAN- • Addressed the Board regarding Resolution 4.14 Authorizing Town Clerk to Submit Seaton Property Holdings, LLC's Petition for Change of Zone Application to Queensbury Planning Board and Requesting Planning Board to Seek Lead Agency Status. • Spoke concerning Resolution 4.5 Authorizing Receiver of Taxes and Assessments to Issue Informational Notice- Partial Payment of School Tax Collection to Property Owners within Queensbury Union Free and Lake George School Districts. GEORGE WINTERS- REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 97 • Also spoke to the Board regarding Resolution 4.9 Engagement of the Chazen Companies to Provide Professional Engineering Services Concerning Salt Barn Modifications and Improvements. • Addressed the Board concerning Resolution 4.16 Authorizing Engagement of U.S. Security Associates, Inc., for Unarmed Security Services. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING GLENS FALLS ELKS LODGE #81 TO CONDUCT RACE FOR CEREBRAL PALSY 5K RESOLUTION NO.: 282, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Glens Falls Elks Lodge 481 has requested permission to conduct its Race for Cerebral Palsy 5k within the Town of Queensbury as follows: SPONSOR: Glens Falls Elks Lodge 481 EVENT: Cerebral Palsy 5k Race (Information describing the event presented at this meeting) DATE/TIME: Saturday, October 20th, 2018 - Approximately 9:00 a.m. PLACE: Glens Falls Elks Lodge, 32 Cronin Road, Queensbury and WHEREAS, the applicant shall be responsible to obtain any other municipal agency's approval(s) as may be necessary for their event, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Glens Falls Elks Lodge 481 to conduct its Race for Cerebral Palsy 5k to be held on Saturday, October 20th, 2018 within the Town of Queensbury, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 98 RESOLVED, that the Town Board approves this event subject to approval by the Town Highway Superintendent which approval may be revoked due to concern for road conditions at any time up to the date and time of the event as well as other municipal agency's approval(s) as may be required. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE TO MOW CERTAIN ABANDONED OR NEGLECTED PROPERTIES IN TOWN OF QUEENSBURY RESOLUTION NO.: 283, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution Nos: 162 and 256 of 2018, the Queensbury Town Board authorized 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 an additional property in the Town of Queensbury in a similar state of neglect located at 72 Lyndon Road, and WHEREAS, the Town Board has concluded that the condition of the property 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 owner of record by certified letter and/or posting of the property, and REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 99 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 a quote for the monthly mowing of the property for a period of two (2) months, and WHEREAS, by quote dated 7/23/2018, Cheap Pete's Lawn Care submitted a quote for such work in the amount of$75 total per month for the above-described parcel, with such work proposed to commence on or about August 7th for a period of two (2) months for a total amount not to exceed $150 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 of Record as set forth above requiring that he/she mows 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 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Director of Building and Codes Enforcement's engagement of the monthly lawn mowing services of Cheap Pete's Lawn Care for the amount of $75 total per month for the property described in the preambles of this Resolution commencing on or about August 7th for a period of two (2) months for a total amount not to exceed $150, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 100 to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting a proper invoice to the Town outlining the dates on which the property was mowed, to be paid for from Account No.: 00 1-3620-4400, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $150 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 property so that the expenses can be properly assessed and constituted as a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING SEPARATION OF TIMMONS LANE INTO TIMMONS LANE AND TIMMONS COURT RESOLUTION NO.: 284, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 101 WHEREAS, by Resolution No.: 331, 1988, Timmons Lane was dedicated to the Town of Queensbury and is 1050' long, and WHEREAS, the Town wishes to separate Timmons Lane into two (2) roads - Timmons Lane and Timmons Court -to allow current residents to retain their address numbers, and WHEREAS, the Town wishes to have the first 365' of Timmons Lane from Lambert Drive easterly to the bend to the north to now be called "Timmons Court," and WHEREAS, the remaining 685' shall continue to be called Timmons Lane, and WHEREAS, the Town Highway Department supports this request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs that the first 365' of Timmons Lane starting out at Lambert Drive and going easterly 365' to the bend to the north shall now be called "Timmons Court," and BE IT FURTHER, RESOLVED, that the remaining 685' of the current Timmons Lane shall continue to be called Timmons Lane so that the residents may retain their address numbers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent to update the Town Highway records accordingly and install all Town Highway signage accordingly to reflect this change, and BE IT FURTHER, RESOLVED, that any expenses associated with this Resolution shall be paid for from the appropriate account as may be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent, Town Clerk, Town Assessor, Director of Building and Codes and/or Town Budget Officer to update all other Town records, maps, assessment records and other Town documents accordingly and take all actions necessary to effectuate this Resolution. REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 102 Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF JON DEVAUX FROM MOTOR EQUIPMENT OPERATOR (MEO) TO HEAVY EQUIPMENT OPERATOR(HEO) IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 285, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Highway Superintendent has advised that there is currently a vacancy in the Heavy Equipment Operator(HEO)position in the Town Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and WHEREAS, Jon DeVaux, a current Motor Equipment Operator (MEO) within the Department, has requested a promotion to the position, and WHEREAS, the Highway Superintendent recommends that the Town Board authorize the promotion of Mr. DeVaux from MEO to HEO as Mr. DeVaux has met the qualifications and has the required job experience for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 103 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Jon DeVaux from Motor Equipment Operator (MEO) to Heavy Equipment Operator (HEO) in the Town Highway Department effective on or about August 7th, 2018 at the rate of pay specified in the Town's CSEA Union Agreement for the HEO position for the year 2018, subject to a ninety(90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN RECEIVER OF TAXES AND ASSESSMENTS TO ISSUE ONE-TIME INFORMATIONAL NOTICE CONCERNING PARTIAL PAYMENT OF SCHOOL TAX COLLECTION TO PROPERTY OWNERS WITHIN THE QUEENSBURY UNION FREE AND LAKE GEORGE CENTRAL SCHOOL DISTRICTS RESOLUTION NO.: 286, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Chapter 59 of the Laws of 2017 Part F—Partial Payment of Real Property Taxes, the New York State Legislature has adopted legislation providing for any collecting officer of a municipality to accept partial payments of real property taxes, so long as the municipality adopts a Resolution allowing for such partial payments as well as setting forth the parameters in which partial payments will be accepted, including imposition of a surcharge with each partial payment, and REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 104 WHEREAS, the Town of Queensbury's Receiver of Taxes and Assessments (Receiver) previously recommended that the Queensbury Town Board authorize such partial payments of real property taxes for the 2018 Town and County Tax Collection with certain parameters and accordingly by Resolution 283,2017, the Town Board authorized its Receiver of Taxes and Assessments to accept such partial payments of real property taxes, special ad valorem levies and special assessments for Town and County Tax Collection under certain parameters and authorized and directed the Receiver to prepare and mail a one-time informational notice concerning such collection of partial payments in all mailed tax bills, and WHEREAS, the Receiver has advised the Town Board that the Queensbury Union Free and Lake George Central Schools have authorized partial payments of taxes for School District purposes commencing for the 2018-2019 tax collection and therefore the Receiver has recommended that the Town Board authorize the mailing of a one-time informational notice concerning such collection of partial payments in all mailed tax bills within those School Districts, and WHEREAS, the Town Board concurs with such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs its Receiver of Taxes and Assessments to prepare and mail a one-time informational notice concerning the Queensbury Union Free and Lake George Central Schools' authorization of partial payments of taxes for School District purposes commencing for the 2018-2019 tax collection in all mailed tax bills within those School Districts and forward certified copies of this Resolution to the: • Commissioner of the New York State Department of Taxation and Finance; • Warren County Treasurer's Office; • Queensbury Union Free School District; and • Lake George Central School District; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Receiver of Taxes and Assessments to take all other actions needed to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018, by the following vote: REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 105 AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF 1) GENERAL CODE FOR DOCUMENT MANAGEMENT SOLUTION SCANNED IMAGE PROCESSING SERVICES; AND 2) NYSID/IMAGE DATA FOR RECORD SCANNING SERVICES RESOLUTION NO.: 287, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 160,2016, the Queensbury Town Board authorized, in part, Image Data's March 15, 2016 proposal, as further clarified by the New York State Industries for the Disabled, Inc. (NYSID) for Preferred Source Solutions, for Large Format Scanning Services relating to the Town's maps, and WHEREAS, NYSID and its member agencies are a proven procurement solution for government agency customers such that NYSID's Preferred Source procurement satisfies the obligation to comply with the New York State Finance Law, and NYSID's prices are approved by the New York State Office of General Services, and WHEREAS, the Town Clerk has requested Town Board approval to again engage the services and authorize a joint project quote from General Code and NYSID/Image Data, as set forth in General Code's June 28, 2018 proposal for Document Management Solution Scanned Image Processing Service for the amount of $1,881.80 and NYSID/Image Data's July 20, 2018 proposal for Record Scanning Services, as specifically set forth in Option(s) 2 "Greyscale," for the amount of $9,486.10, for a total project cost not to exceed$11,367.90, and WHEREAS, the Town Board wishes to authorize such services of General Code and NYSID/Image Data, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 106 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and accepts the joint project quote from General Code and NYSID/Image Data, as set forth in General Code's June 28, 2018 proposal for Document Management Solution Scanned Image Processing Service for the amount of$1,881.80 and NYSID/Image Data's July 20, 2018 proposal for Record Scanning Services as specifically set forth in Option(s) 2 "Greyscale," for the amount of$9,486.10, for a total project cost not to exceed $11,367.90, provided that such amounts shall be paid upon presentation of appropriate vouchers to the Town and shall not include any prepayment for services, such services to be paid for from the Records Management Misc. Contractual Account No.: 001-1460-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $11,367.90 from Contingency Account No.: 00 1-1990-4400 to Records Management Misc. Contractual Account No.: 00 1-1460-4400 and take any other actions necessary to provide for payment of such services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the proposals and/or any other necessary Agreements or documentation associated with the engagement of the services of General Code and NYSID/Image Data in form acceptable to the Town Supervisor, Town Clerk, Town Counsel and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 61h day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 107 RESOLUTION AUTHORIZING REPLACEMENT/SUPERSEDING OF STATEMENT OF WORK/AGREEMENT WITH GENERAL CODE REGARDING CONNECTION OF ENERGOV AND LASERFICHE CONTENT MANAGEMENT SYSTEMS RESOLUTION NO.: 288, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 83,2016, the Queensbury Town Board authorized engagement of the services of General Code to develop and implement an integration to connect the Town's EnerGov system with its selected content management system, Laserfiche Content Management System (Project), as set forth in General Code's Statement of Work/Agreement dated 11/2/2015 for an amount not to exceed $23,530, and WHEREAS, due to certain changes in the software capabilities, a change to the Project is necessary, and WHEREAS, General Code has accordingly provided a revised Statement of Work/Agreement providing for such changes dated 7/13/2018 and presented at this meeting for a total amount not to exceed $20,700 ($2,830 less than its 2015 proposal), of which $11,765 has already been billed, leaving a balance of$8,935 to be billed, and WHEREAS, the Town Board wishes to authorize such replacement/superseding of General Code's original Statement of Work/Agreement dated 11/2/2015, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes General Code's Statement of Work/Agreement dated 7/13/2018, to replace/supersede its previous Statement of Work/Agreement dated 11/2/2015, for a total amount not to exceed $20,700 of which $11,765 has already been billed, leaving a balance of$8,935 to be billed, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 108 RESOLVED, that payment for such services shall continue to be from Computer Software Account No.: 204-1680-2032, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Statement of Work/Agreement substantially in the form presented at this meeting and any other necessary Agreements or documentation and the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all terms of this Resolution. Duly adopted this 61h day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF MUNICITY SOFTWARE CONSULTING ASSOCIATES REGARDING IMPLEMENTATION OF SOFTWARE RELATED TO DPW/ASSET MANAGEMENT RESOLUTION NO.: 289,2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 109 WHEREAS, by Resolution No.: 366,2016, the Queensbury Town Board authorized engagement of the services of Municity Software Consulting Associates (MSCA) for implementation of software related to fleet and asset management and installation of GPS on all Town vehicles, and WHEREAS, the Town wishes to again authorize the services of MSCA related to DPW/Asset Management in accordance with MSCA's July 26, 2018 Software Proposal presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, the Queensbury Town Board hereby authorizes and directs the engagement of the services of Municity Software Consulting Associates (MSCA) in accordance with its July 26, 2018 Software Proposal with payment(s) for an amount not to exceed $18,920 to include unlimited training that ensures the Town Highway Department is comfortable using the software, to be made from IT Software Account No.: 001-1680-2032, with ongoing annual maintenance/support and hosting costs after the initial year not to exceed $3,520 without further Town Board approval to be paid from the appropriate account, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes any needed Agreement between the Town and MSCA in a form to be reviewed and approved by Town Counsel for such services, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed Agreement in a form to be reviewed and approved by Town Counsel for such services, along with any other needed documentation, and the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 110 NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES TO PROVIDE PROFESSIONAL ENGINEERING SERVICES CONCERNING SALT BARN MODIFICATIONS AND IMPROVEMENTS RESOLUTION NO.: 290, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury's Purchasing Agent sought proposals through the New York State Contract Reporter for professional engineering services related to the Town's proposed Salt Barn Modifications Improvements Project, and WHEREAS, eight (8)proposals were received and reviewed by the Town's Purchasing Agent and Facilities Manager and they have recommended engagement of the lowest, responsible bidder, The Chazen Companies, to provide the requested engineering services for an amount not to exceed $12,050 as delineated in Chazen's July 10, 2018 proposal presented at this meeting, and WHEREAS, the Town Board concurs with such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies to provide professional engineering services related to the Town's proposed Salt Barn Modifications Improvements Project for an amount not to exceed $12,050 as delineated in Chazen's July 10, 2018 proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that expenses for this project shall be paid for from Engineering Services Account No.: 00 1-1440-4720, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 111 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary agreements and/or other documentation and the Town Supervisor, Facilities Manager, Budget Officer and/or Purchasing Agent to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF UNIFORM GUIDANCE FOR FEDERAL AWARDS RELATING TO THE TOWN'S PURCHASING POLICY RESOLUTION NO.: 291, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, The Town of Queensbury previously adopted a Town of Queensbury Purchasing Policy(Policy), and WHEREAS, in order for municipalities who receive federal grant funds or anticipate receiving federal grant funding, municipalities must adopt Uniform Guidance for Federal Awards as part of their Procurement Policies, and WHEREAS, the Town Board wishes to accordingly adopt the Uniform Guidance for Federal Awards which relates to the Town's Purchasing Policy to comply with federal requirements as presented at this meeting, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 112 RESOLVED, that the Queensbury Town Board hereby adopts the Uniform Guidance for Federal Awards which relates to the Town's Purchasing Policy and which details additional rules to be followed in the case of Federal Awards in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town's Purchasing Agent or Budget Officer to distribute copies of the Uniform Guidance for Federal Awards modifying the Town Purchasing Policy in the case of Federal Awards to all Town Department Managers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Budget Officer and/or Purchasing Agent to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE AND/OR DISPOSAL OF OBSOLETE EQUIPMENT RESOLUTION NO.: 292,2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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, 08-06-2018, MTG 430 113 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(s), to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept. Asset# 2009 Ford Ranger Pickup Water 8786 Computer-J. Strough Supervisors 9045 Computer-S. Baker Planning 9077 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 by using the auction company GovDeals to dispose of such surplus property which in this instance is a 2009 Water Department Ford Ranger Pickup Asset 48786, or, if deemed unsafe and/or inoperable by the Department Manager(s), which in this case are two computers, Asset#'s: 9045 and 9077, to be disposed of as scrap, 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 item (Ford Ranger Pickup Asset 48786) and all Town proceeds from the sale shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 114 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 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING ASSIGNMENT OF REAL ESTATE CONTRACT FROM GLEN BRUENING TO TOWN OF QUEENSBURY RESOLUTION NO.: 293, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 4166 which established funding for expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path, and WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town Supervisor to execute a grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and a Grant Agreement between the Town of Queensbury and OSI regarding the Town's purchase of 77.5 acres of unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to the Rush Pond Park, and WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017 (Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to certain real property REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 115 located at 0 West Mountain Road in the Town of Queensbury and it may be assigned to the Town of Queensbury without any further consent of the Freiberger Trust; and WHEREAS, Mr. Bruening wishes to assign to the Town of Queensbury all of his rights and obligations to the property under the Contract, and WHEREAS, a proposed Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury regarding certain real property located at 0 West Mountain Road in the Town of Queensbury as delineated in the preambles of this Resolution in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Assignment and take all actions the Town Supervisor deems necessary or appropriate to complete the purchase of such real property, including signing all closing documents and real property forms, and to purchase title insurance insuring the Town's interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 116 RESOLUTION AUTHORIZING ACCEPTANCE OF BROWNFIELD OPPORTUNITY AREAS PROGRAM NOMINATION STUDY GRANT FUNDS FROM NYS DEPARTMENT OF STATE AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH FUNDS RESOLUTION NO.: 294, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 27,2017, the Queensbury Town Board authorized the submittal of a Brownfield Opportunity Area (BOA) Nomination Study Grant Application, and pledged the required additional ten-percent(10%) local share of the total project costs, and WHEREAS, such Grant Application was submitted and the Town has been awarded a maximum grant award in the amount of One Hundred Thousand Dollars ($100,000) from the New York State Department of State, such funds to be used toward the study of target Brownfield areas within the Town and formulation of plans of action to redevelop such identified areas, and WHEREAS, the Town Board wishes to authorize acceptance of such grant funds and authorize and commit to a ten-percent (10%) in-kind match of Eleven Thousand One Hundred and Eleven Dollars ($11,111) for a total project cost of One Hundred Eleven Thousand One Hundred and Eleven Dollars ($111,111), NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $100,000 in grant funds from the New York State Department of State to be used toward the study of target Brownfield areas within the Town and formulation of plans of action to redevelop such identified areas and authorizes and directs the Town Supervisor to execute a Grant Agreement with the New York State Department of State, such Grant Agreement substantially in the form presented at this meeting and in form acceptable to the Town Supervisor and Town Counsel, and any other associated documentation, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 117 RESOLVED, that the Town Board authorizes and commits to a ten-percent (10%) in-kind match of Eleven Thousand One Hundred and Eleven Dollars ($11,111) for a total project cost of One Hundred Eleven Thousand One Hundred and Eleven Dollars ($111,111), with the $11,111 to come from staff services, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase appropriations and revenues as necessary and as follows: • Increase Appropriation in Account 4176-8030-4400-2018 - $100,000; • Increase Revenue in Account 4176-0000-53787-2018 - $100,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan up to $100,000 from the General Fund Balance until such time as grant funds are received, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts the "Minority and Women-Owned Business Enterprises —Equal Employment Opportunity ("M/WBE-EEO") Policy Statement" attached to the Grant Agreement as the Town's official Policy with respect to the project being developed or services rendered as part of the grant, and BE IT FURTHER, RESOLVED, that the Town Board appoints its Senior Planner, Stuart Baker, as the Town's Minority Business Enterprise Liaison responsible for administering the M/WBE-EEO Project and authorizes him to complete and sign all required forms and certifications relating to M/WBE-EEO for this grant and related Project, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 118 such appropriations and estimated revenues and authorizes the Town Supervisor, Senior Planner and/or Budget Officer to take all other action necessary to effectuate the terms of this Resolution. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT SEATON PROPERTY HOLDINGS, LLC'S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD AND REQUESTING PLANNING BOARD TO SEEK LEAD AGENCY STATUS RESOLUTION NO.: 295, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Seaton Property Holdings, LLC has submitted a zoning change application dated June 15, 2018 with supplemental information dated July 27, 2018 to the Queensbury Town Clerk's Office to allow wood processing operations on lots of at least five (5) acres and the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for zoning changes that are subject to Warren County Planning Department review in accordance with §239-m of NYS General Municipal Law, and WHEREAS, applications for zoning changes that include a project requiring site plan review may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the application and take such other action as it shall deem necessary and proper, and REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 119 WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA), for potential environmental effects, and WHEREAS, the project proposed with the zoning change application is also subject to SEQRA review and the Planning Board has the necessary knowledge and experience to conduct any necessary SEQRA review and evaluate the potential environmental impacts for both the proposed zoning change and the proposed project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward Seaton Property Holdings, LLC's June 15, 2018 application with supplemental information dated July 27, 2018 to the Queensbury Planning Board for SEQRA review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby consents to the Planning Board acting as Lead Agency for any needed SEQRA review of this project, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any documents and take any other necessary actions to effectuate the terms of this Resolution and further authorizes and directs the Town's Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board's consent to the Planning Board serving as Lead Agency for SEQRA Review of the PUD. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 120 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: 296, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Sanitary Sewer District to serve property owned by Faden Enterprises and located at 894 NYS Route 9 in the Town of Queensbury known as Tax Map Parcel No.: 296.17-1-49 (Property) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Lansing Engineering concerning the proposed Sanitary Sewer District Extension to connect the proposed Property to the existing Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been 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 Extension, 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 possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the Queensbury Planning Board conducted uncoordinated review for the proposed demolition of and existing building and construction of a single story multi-tenant commercial building on the Property (the "Project") under the State Environmental Quality Review Act (SEQRA), issued a SEQRA Negative Declaration and granted site plan approval for the Project, and WHEREAS, extension of the District to serve the Property has been determined to be a SEQRA Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared for the proposed District Extension, REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 121 NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Sewer District Extension are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly bounds of NYS Route 9, Upper Glen Street, said point marking the southwesterly corner of the lands as conveyed to Everest Enterprises LLC by deed book 2953 at page 292; thence running in an easterly direction along the southerly bounds of Everest Enterprises LLC, North 81 degrees, 22 minutes and 18 seconds East, a distance of 223.13 feet to a capped iron rod found in the ground for a corner, said point marking the northwesterly corner of the lands of the Town of Queensbury by deed book 4722 at page 303; thence running in a southerly direction along the westerly bounds of the lands of the Town of Queensbury, South 08 degrees, 37 minutes and 42 seconds East, a distance of 249.99 feet to a capped iron rod found in the ground for a corner on the northerly bounds of Montray Road, said point marking the southwesterly corner of the lands as conveyed to the Town of Queensbury, by deed book 4722 at page 303; thence running in a westerly direction along the northerly bounds of Montray Road, South 81 degrees, 54 minutes and 04 seconds West, a distance of 208.68 feet to a concrete monument found in the ground for a corner, said point marking the intersection of the northerly bounds of Montray Road with the easterly bounds of NYS Route 9; thence running along the easterly bounds of NYS Route 9, the following two courses and distances: (1) North 53 degrees, 22 minutes and 20 seconds West, a distance of 36.67 feet to a concrete monument found in the ground for a corner; (2) North 05 degrees, 41 minutes and 59 seconds West, a distance of 222.31 feet to the place and point of beginning, containing 1.3 acres of land to the same more or less. Bearings given in the above description refer to grid North. SUBJECT to easements of record. 2. The proposed improvements consist of a 6" SDR gravity sanitary sewer lateral to be used to connect a proposed 11,400 sf commercial building into the existing 8" gravity sanitary sewer main located along the west side of New York State Route 9. 3. The facilities for this Sanitary Sewer District Extension have already been constructed and are in place; therefore, there are no capital costs associated with this District Extension. The service lateral to serve the parcel will be paid for by the Developer. 4. The estimated annual cost of the District Extension to the developed parcel would be calculated as follows: The parcel would be designated Class F, occupied commercial. Based upon a total lot size of 1.3 acres and an average water use of 2,640 gallons per day (gpd), the annual benefit REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 122 tax based on current fee rates would be $192.20 per unit. For commercial classification, the current sewer user fee is $7.00 per 1,000 gallons so for this property based on an actual use rate of 2,640 gpd, the cost would be approximately $6,745 per year. The total annual charge for sewer district is therefore $6,937.20. 5. The Developer of the Property will pay all costs of the improvements and has already paid the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. 6. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. The Town Board shall conduct uncoordinated SEQRA review of the proposed District Extension to serve the Property. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 20th, 2018 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 123 ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - WARRANTS OF JULY 24TH AND AUGUST 7TH, 2018 RESOLUTION NO.: 297,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as Warrants with run dates of July 24th and August 2"d,2018 and payment dates of July 24th and August 7`h,2018 respectively, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrants with run dates of July 24th and August 2"d, 2018 and payment dates of July 24th and August 7th, 2018 totaling $49,238.15 and $1,400,983.97 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 6th day of August,2018,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone,Mrs. Switzer NOES: None ABSENT: None 5.0 CORRESPONDENCE- DEPUTY TOWN CLERK, MELLON- Noted the receipt and filing of the July Monthly Report from the Director of Building and Codes. 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) CLAUDIA BRAYMER, ATTORNEY (Representing Janice and Andrew Holding)- Spoke to the Board concerning the upcoming public hearing to Amend the Queensbury Town Code and Town Zoning Map to Add Commercial Sand, Gravel and Topsoil Extraction to Rural Residential and Heavy Industrial Zones. JANICE HOLDING- Also addressed the Board concerning the public hearing rescheduled for August 20th to Amend the Queensbury Town Code and Town Zoning Map to Add Commercial REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 124 Sand, Gravel and Topsoil Extraction to Rural Residential and Heavy Industrial Zones. Asked the Board to table the proposed zoning change until the neighbors can meet with the Board in a workshop to share their concerns. ED LOCKHART- Also spoke regarding the upcoming public hearing to Amend the Queensbury Town Code and Town Zoning Map to Add Commercial Sand, Gravel and Topsoil Extraction to Rural Residential and Heavy Industrial Zone. Noted his concern with living so close to a sand pit, it can affect your property values, water, air as well as noise quality. TRAVIS WHITEHEAD- • If the Town hires security officer the only thing it will guarantee is more of a tax burden on the taypayers to support another salary. • Disappointed that the Board passed Resolution 4.14 (Authorizing Town Clerk to Submit Seaton Property Holdings, LLC's Petition for Change of Zone Application to Queensbury Planning Board and Requesting Planning Board to Seek Lead Agency Status)without addressing a noise ordinance or a nuisance law. • With regards to the Fort Miller project, suggested that the Board ask the representative from Fort Miller if they intend to ever request a variance from the 1,000 foot buffer. GEORGE WINTERS- Spoke regarding grounds keeping at the roundabout. They cut the grass but didn't cut the brush back. • Addressed the subject of Log Bay Day on Lake George. • Concerned about the use of fireworks in Lake George and Queensbury. Something needs to be done before someone gets seriously hurt. TOM BOSS-The speed limit on Sweet Road is too high and needs to be addressed. • The Town needs a noise/nuisance ordinance. ANDREW HOLDING- Spoke to the Board regarding the Fort Miller project. He asked the Board to give the neighbors on Dream Lake the time to appear at a workshop, as Fort Miller has, so they may address their concerns. KIP GRANT- Referred to a newspaper article on the Fort Miller Project. Concerned about the reduction in the 1,000 separation; but stated that he is confident that the Board will represent the constituents and their concerns on this subject. CHARLOTTE HOLDING- Addressed the Board with regards to the Fort Miller project on Dream Lake Road. The number of large trucks that travel up and down that road is a major concern of hers. Stated that she almost got hit walking home from the bus stop. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD I)- Noted that the Board needs to address the Airbnb issue again. COUNCILWOMAN ATHERDEN (WARD II)- Gave a brief update on the Clean Energy Committee. There will be a gathering at the Queensbury Hotel sometime in September. Will pass along the details of dates and times as they become available. COUNCILMAN FERONE (WARD III)- Spoke regarding the traffic signal on Aviation Road out in front of the Queensbury High School. It doesn't look like the light will be installed before the start of school. Is there a way to control that intersection without the light? SUPERVISOR STROUGH- Spoke to the Superintendent of Schools, Doug Huntly and he said that the School is willing to do whatever necessary to make it work until the traffic signal is installed. The Town will work with the school. REGULAR TOWN BOARD MEETING, 08-06-2018, MTG 430 125 COUNCILWOMAN SWITZER (WARD IV)- On Thursday, October 18th the local workforce leaders are collaborating to host Career Jam, which is a one day hands on career exploration event for 8th and 9th grade students from local school districts. The event is designed to engage students and to encourage them to look at careers that are relevant to where we live. If any local business is interested in participating, contact myself or BOCES or the local job link. This event will be held at the Dome here in Queensbury. This will be great for our youth and our business community to learn about the talent of our youth; and it will also be an opportunity for our youth to see what's available to them for future careers here. SUPERVISOR STROUGH- • Suez has started to prep the Gurney Lane meadow water tank for sandblasting. When that is complete they will work on the one on Luzerne Road. • Reviewed various functions he attended recently. • Presented Supervisor's Report to Town Board and community. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 298, 2018 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 6th day of August, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY