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2018-08-20 MTG#33 REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 128 REGULAR TOWN BOARD MEETING MTG#33 AUGUST 20, 2018 RES#300 7:00 P.M. B.H. 21 L.L.# 1 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 PRESS POST STAR, LOOK TV PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANTHONY METIVIER SUPERVISOR STROUGH-Called meeting to order.... RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 300, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 201h day of August, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND ROBIN MEYERS PUBLICATION DATE: AUGUST 10, 2018 AGENT TOM HUTCHINS, HUTCHINS ENGINEERING TOM HUTCHINS-I am here on behalf of the owners, applicants Robert and Robin Meyers. This is a point two-acre lot, with public water. Made in 1978 it is actually a seepage pit that is being replaced not currently an absorption bed. We propose to replace it. There are some constraints. There is a Town water line on that side of the road, which is within the right-of-way. We have been careful to hold ten feet to the front property line. That leaves us ten feet to the foundation. We considered the fifteen-foot absorption bed. We looked at a number of options. It is a little bit of an irregular shape lot. It is not a rectangle. Most of those lots in the area are rectangular. This one had to be knocked out of the southwest corner, which takes up any available space in the rear...in the backyard. We feel this is best solution to solve the problem. SUPERVISOR STROUGH-Any questions for the agent for the applicant. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 129 OPENED PUBLIC HEARING NO COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING ROBERT AND ROBIN MEYERS' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 21,2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Robert and Robin Meyers (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, 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, 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, August 20th, 2018, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variance, the Local Board of Health determines 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 Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Robert and Robin Meyers for a variance from the Sewage Disposal Ordinance 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 and bearing Tax Map No: 295.19-3-11. Duly adopted this 20th day of August, 2018, by the following vote: REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 130 AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION NO. BOH 22,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 20th 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 PUBLIC HEARING—PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY PUBLICATION DATE: AUGUST 10, 2018 SUPERVISOR STROUGH-When they created the Route 9 Sewer District this lot and the lot next to it was not included. I do not know why. It is on the Route 9 Sewer District. It is on Route 9. It is a commercial district up and down Route 9, but this was not included. Mr. Faden would like to develop it. This is a Resolution adopting a Determination of Non-Significance regarding the Proposed Extension to Queensbury Consolidated Sanitary Sewage District to serve 894 State Route 9 Property. They have done a SEQRA form. Just in case, some of the public saw the same thing that we did. In Part I, question number twenty. Has the site of the proposed action or an adjoining property been the subject of remediation? They checked yes. There were supposed to say describe and the description was left out. I did receive the description today this afternoon. Why they had to put down yes and the description of what should be there is that in 1998 the Northway Plaza Shopping Center while part of it was being developed they came across a plume about a foot and a half in thickness of petroleum contamination, which was cleaned up. The applicant in doing Part I had done the right thing in claiming that yes there was this issue. So that explains why it has yes and he should have put a description and explained it but it is not there. This Board will go through under the leadership of Town Counsel Part II, will go through Part II, and is there any other questions with Part I? COUNCILMAN FERONE-I had a question for Chris if he would come up to the table. TOWN COUNSEL, SCHACHNER-While he is doing that I will just point out for the Board's information you probably also noticed that the answer to question 12 b. Is the proposed action located in an archeological sensitive area, which mean an archeological...area and they checked yes for the reason Supervisor Strough indicated earlier? WATER SUPERINTENDENT, CHRIS HARRINGTON-I just want to make clear that the SEQRA was done by the applicant's engineer. The engineer is here. He is the one who prepared Part I of the SEQRA. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 131 COUNCILMAN FERONE-Questioned 9 also said, does the proposed action meet or exceeds the state energy code requirements? They answered yes, but they did not explain. Are they having solar panels or something? TOWN COUNSEL, SCHACHNER-You only have to explain if it exceeds. If it just meets, you do not have to explain. COUNCILMAN FERONE-Okay. SUPERVISOR STROUGH-Your question for Chris is? COUNCILMAN FERONE-It looked like they are stating when they present their site plan review; I guess the Subway Restaurant is going to have fifty seats. I do not know if there is a formula where by you go by to that, we are adding them to the sewer district to figure out how much affluent is going to be coming from there. When they go for site plan review suppose they show up with a site plan review for a hundred seats and we approved it based on fifty? WATER SUPERINTENDENT, HARRINGTON-Generally what I go by, I know that the DEC has an intermediate standards applicable to whatever the situation is that is the recommendation. Maybe Sean can come up here and say what he uses. SEAN FARRELL, LANSING ENGINEERING-Regards to the question. The design was based on DEC standards. The recommendation at this time he is proposing fifty seats. There is a generic formula for overall square footage. Point one for the total square footage of the building so that is how it was established. The flow is for the whole project the building not just the Subway. COUNCILMAN FERONE-You are pretty convinced that it is going to stay that way the time you go for site plan review. MR. FARRELL-Yes. Our application has multiple Subways and that is the standard. That is the numbers he had given us the fifty seats based on this twenty-five square foot footprint. COUNCILMAN FERONE-Thank you. SUPERVISOR STROUGH-Any other questions for the Superintendent or the Engineer for the applicant. Thank you. There is a public hearing on this first part today, which is the Determination of Non-Significance Regarding Proposed Sewer District Extension. Any member of the public wish to speak to 2.1A? PUBLIC HEARING OPENED TRAVIS WHITEHEAD, QUEENSBURY-I am here today just to make sure this gets into the record. You will no doubt will go ahead and find this non-significance impact. Truthfully, this one property probably is non-significant impact. However, the past thirty-four years as you added small and large additions to the sewage going to the Glens Falls Sewer Plant there have been cumulative impacts and this should be considered and segmentation is not allowed. Now, from what I can find the last time, so if you go ahead and Neg Dec this then that is the end of it. If you do not then the next step is to generate an Environmental Impact Statement or a supplemental statement in this case. One was generated evidentially in 1984 that was the last time it was generated. I think a lot has happened since 1984. That you probably ought to consider to look at what has changed in the past thirty-four years. One of the things that were mentioned in that Environmental Impact Statement was that there were issues with combined sewer overflows in Glens Falls; perhaps they felt that would be taken care of Well, thirty-four years later, I can tell you that it has not. I know I sent some of you some emails a few weeks ago when it was raining. Every time it rains, you get another one of these notices. I spared you that last Friday. I got a notice, I did not pass it on to you, but it is going to rain again on Wednesday. I expect there is going to be another disclosure. Another eleven thousand gallons of untreated sewage part of which, is coming from Queensbury has been released to the Hudson River. For a Board that seems to be sensitive to environmental issues that is something I would not be very proud of. As I said, many things have happened. In 2014, actually a report was put together by REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 132 the Adirondack Gateway Council. It looked at the capacity of the plant. It looked at all the surrounding areas. Moreau, South Glens Falls, Kingsbury, Queensbury, etc. that is going to probably want to put sewage into there. They came out with a report. That report would probably... to conclusions in that report would probably be something that again would be interesting to put into a Supplemental EIS. More than interesting probably in my opinion require after thirty-four years for you to do this again. Again, this is not the biggest example. This is not the best example. Carey Road certainly would cause more impact. At some point you have to go ahead and say enough is enough. It is worth another look. That is why I am here today. Just to say that your choice is to ask for a Full Environmental Impact Statement to be written or in this case for the old one to be reviewed and updated. I think it is proper for you to do that SUPERVISOR STROUGH-Thank you. Anybody else like to speak on this 2.1 public hearing? Application for extension to this consolidated sewer district on Route 9. Seeing, none any other questions or thoughts before we go to Part II? PART 2 —IMPACT ASSESSMENT 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No. 2. Will the proposed action result in a change in the use or intensity of use of land? Moderate to large impact may occur. No 3. Will the proposed action impair the character or quality of the existing community? No. 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed actin result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? Moderate to large impact may occur. No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No. 7. Will the proposed action impact existing: a. public/private water supplies? No. B. public/private wastewater treatment utilities? No. 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No. 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No. 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No. 11. Will the proposed action create a hazard to environmental resources or human health? No. RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE REGARDING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: 301,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 133 SECONDED BY: Mr.Anthony Metivier 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, 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 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 Sanitary Sewer 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, and WHEREAS, the Town's Wastewater Director has not identified any environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Town Board, after considering the proposed action, reviewing the SEQRA Short Environmental Assessment Form (EAF) and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the EAF by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES None ABSENT: None DISCUSSION HELD REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 134 TOWN COUNSEL SCHACHNER-This is just to be clear. The public hearing notice is actually on the proposed extension the action you are contemplating now. I think you opened the public hearing for the SEQRA review> That is fine. You should make sure to open the public hearing for the extension. SUPERVISOR STROUGH-I will declare the public hearing opened for 2.1B the extension of the consolidated sewer district. Is there any member of the public that wishes to speak to this? TRAVIS WHITEHEAD, QUEENSBURY-I would just like to add that I believe that in the 1984 EIS that it was stated that the lines to the Glens Falls Wastewater were not to use any lines were combined with stormwater and that there would be direct lines sent to the plant. I do not believe that is the case here. I do not think it has been the case for a lot of things. It may have been on a couple of them, but I am not aware of any. At any rate if you go back and read that thirty, forty- year-old plan you will see that they were trying to be sensitive to the issue. Here thirty, forty years later we still have that issue. You are still sending sewage into infrastructure that does have storm water that has not been separated yet. In fact, you were thinking about making some of those lines larger. That is all I have to say. SUPERVISOR STROUGH-Thank you. Any other member of the public wish to speak to the Board about this Resolution before us tonight? Seeing none I just want to point out the Town of Queensbury has no combined system. Any further discussion by the Town Board? Motion to move this forward. PUBLIC HEARING CLOSED ORDER APPROVING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 894 STATE ROUTE 9 PROPERTY RESOLUTION NO.: 302,2018 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 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 REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 135 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, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, on August 6, 2018, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (Public Hearing Order) reciting (a) the boundaries of the proposed Sewer District Extension; (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 Extension 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 Extension, 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 Extension to the developed parcel were computed was filed with the Town Clerk for public inspection as part of the Map, Plan and Report, and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 136 WHEREAS, the estimated annual cost of the District Extension to the developed parcel has been filed with the Town Clerk and is made a part of the Map, Plan and Report, and WHEREAS, a public hearing on the proposed Sewer District was duly held on Monday, August 20th, 2018 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed Extension to the Queensbury Consolidated Sanitary Sewer District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension to the Queensbury Consolidated Sanitary Sewer District are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension to the Queensbury Consolidated Sanitary Sewer District; 4. It is in the public interest to establish, authorize, and approve the Extension to the Queensbury Consolidated Sanitary 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 Extension to be as described in the Map, Plan and Report; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Extension to the Queensbury Consolidated Sanitary Sewer District in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report, and construction of the improvements may proceed and service provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any necessary permits or approvals from the New York State Department of Transportation and any other required permits; 4. The Town being satisfied that construction of all improvements has occurred in accordance with the Plan; REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 137 5. Permissive referendum in the manner provided in New York State Town Law Article 7; and 6. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board hereby authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES None ABSENT: None PUBLIC HEARING LOCAL LAW OF 2018 TO AMEND QUEENSBURY TOWN CODE AND TOWN ZONING MAP TO ADD COMMERCIAL SAND, GRAVEL AND TOPSOIL EXTRACTION TO RURAL RESIDENTIAL AND HEAVY INDUSTRIAL ZONES PUBLICATION DATE: AUGUST 10, 2018 SUPERVISOR STROUGH-This is to correct a mistake. In 2014, we passed two Resolutions dealing with this topic. One was asking that this be an allowed use in rural residential. The other one went on to further define mining. In Resolution two point one of July 21, 2014, it says, and the Town Board voted in favor of it. It says that table two, which is included at the end of Chapter 179, is amended by adding, sand, gravel, and topsoil extraction, commercial as an allowed use in the rural residential zones with a special use permit required. So that was passed. If you take a look at our Zoning Code the tables address it, but the script does not. The script says current commercial mining extraction defined as above the Department of Environmental Conservation threshold shall be allowed only within heavy industrial district. It is supposed to be in only heavy industrial district and rural residential because that was the Resolution that was passed. By special use permit and only in substantially underdeveloped area at least one thousand feet horizontal distance from any existing residence. There was never a proposal to change that. So anything in our Resolution, I am proposing that if it refers to one thousand foot buffer that we eliminate that. Let us keep what the original says. One thousand foot horizontal distance from any existing residence. That was never meant to be changed. None of the Resolutions ever changed that. Someone thought at one time and one of our Resolutions for tonight that, there was conversation about it, but the Town Board did not favor it and neither did I. To changing the one thousand foot setback to a one thousand foot buffer. Here is the difference. A one thousand foot setback means that if the applicant desires a change in that they will have to go to the Zoning Board with that change. The Zoning Board has a rather set of strict standards. They must consider the variance being requested by the applicant. It is a stricter standard than the Planning Board reviews. If it was ever changed and it never was nor, I think most of the consensus of the Board we are not advocating for a one thousand foot buffer. If it were defined as a buffer as opposed to a setback, it would then go before the Planning Board who does not use the stringent standards that the Zoning Board does. I think it is the consensus REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 138 of this Board to not change it at all. All we want to do tonight is confirm the changes that were made in 2014, which, allows this mining operation to occur in rural residential, and it changed the definition of it a little bit. In Resolution one point two, December 15,2014 it added the words commercial mining extraction and it added the words starting now and sand, gravel, and topsoil extraction commercial. Then there is the note that finding an excavation activity may be regulated by the New York State Department of Environmental Conservation or other agencies. All we are doing tonight is confirming what the Town Board had already done some three and a half years ago. COUNCILWOMAN ATHERDEN-It goes back a thousand feet, but if a variance is requested it would still go through Zoning and the Planning Boards? SUPERVISOR STROUGH-The Planning Board if it is a deviation from the one thousand foot that the applicant wants the Planning Board has to defer to the Zoning Board. COUNCILWOMAN ATHERDEN-Okay. SUPERVISOR STROUGH-The Planning Board cannot act on that. They will send the application to the Zoning Board for the Zoning Boards consideration. COUNCILWOMAN ATHERDEN-Okay, good. SUPERVISOR STROUGH-Town Counsel is there anything I should add. TOWN COUNSEL, SCHACHNER-No, that's correct. COUNCILMAN FERONE-That is based on a special use permit. SUPERVISOR STROUGH-That is a special use permit, which means they go through stricter standards for their approval that they get. They can put all kinds of conditions on the approval. They are forced to give it an extra strong look in the special use process. They can even limit the existence of it to a certain amount of time in a special use permit process. That is why we put it there. We want the stronger, stricter use of this. Someone somewhere made a mistake and it did not get into the script. All we are going to do tonight is look at and possibly approve, confirm might be a better word of what we already had approved. TOWN COUNSEL, SCHACHNER-That is if you delete the phrase must maintain a buffer. SUPERVISOR STROUGH-In the Resolution before us tonight it does on page 2, number one reads like this. Commercial mineral extraction..... TOWN COUNSEL, SCHACHNER-I just want to point out it is not the Resolution, it is the Local Law. SUPERVISOR STROUGH-In the Local Law attached to the Resolution. In the Local Law attached to the Resolution. It says number one. Commercial mineral extraction (defined as above by the Department of Environmental Conservation threshold) shall be allowed only within the Heavy Industrial District. Commercial sand, gravel and topsoil extraction shall only be allowed with the Heavy Industrial and Rural Residential Districts. Commercial mineral extraction and commercial sand, gravel and topsoil extraction shall be subject to by special use permit as specified in Tables 2 and 4 of this Chapter and may only occur in substantially undeveloped areas. That is where I think we need to put a period and we should scratch the rest of it. Must maintain a buffer of at least 1,000 feet (horizontal distance) from any existing residence. TOWN COUNSEL, SCHACHNER-With respect that is not my understanding of what you were saying a minute ago. If I understand correctly. You do not want to take out at least a thousand feet of horizontal distance from any existing residence. You want to keep in may only occur in a substantially underdeveloped area and at least a thousand feet horizontal distance from any existing residence. You want to take out if I understand correctly is the five words, must maintain a buffer of. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 139 SUPERVISOR STROUGH-Correct. COUNCILWOMAN SWITZER-Yes. TOWN COUNSEL, SCHACHNER-So we are taking that deletion a little further. SUPERVISOR STROUGH-I was going to go back and correct it. TOWN COUNSEL, SCHACHNER-I saw some Board confusion. Sorry for the interruption. SUPERVISOR STROUGH-Thank you for clarifying this and you are accurate. Must maintain a buffer is something we are taking out. We are leaving in the one thousand foot horizontal distance from any existing residence. In addition, this was already passed as part of the previous 2014 resolutions. For commercial, sand, gravel and topsoil extraction twenty-five acres of land should be the minimum allowable property size within a rural residential district. What we are basically trying to confirm tonight is that commercial, sand, gravel and topsoil extraction shall be allowed in the rural residential district as well as the heavy industrial, which we already approved. It has to be twenty-five acres of land that is minimum. That the one thousand foot horizontal distance for many existing residences will be maintained. Any other Town Board thoughts before we go to the public hearing. The public hearing is opened is there anyone from the public wish to speak to two point two Resolution Enacting this local law 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. PUBLIC HEARING OPENED ANDREW HOLDING, 48 DREAM LAKE ROAD, QUEENSBURY-I am speaking to the Board because we feel the residents of Queensbury have been disadvantaged because they have not been allowed adequate access to the Town Board explaining their concerns. We also feel the Town Board has been disadvantaged by being asked to make a decision on a zoning change without being fully informed at the possible consequences. Not only has the Board not been fully informed, but audio from the Workshops with Fort Miller will clearly reveal that the Town Board has been actually mislead in giving inaccurate misleading documents during some of those Workshops. We tried to meet with this Board during in Workshops to have our concerns heard to try and help them with multiple flaws in the Fort Miller documents in the spirt of cooperation. It is impossible to reveal all the hidden problems in the Fort Miller request in a four-minute presentation before you this evening. We are not even asking you to deny Fort Miller's request to expand. What we are asking is for you to make a responsible effort to hear all the pertinent facts that are available before you allow any further changes to the Zoning Code. Fort Miller's petition for change of zone question nine. How are the wider interest of the community being served by this project? The Attorney who submitted the petition answered. The adjacent Fort Miller Company sand, gravel extraction operation would be benefited which provides jobs and materials for the construction industry. This noted Attorney knows how to argue the case would not come up with even one reason this project would serve the wider interest of the community. Fort Miller has claimed the benefit of the project would be to take truck traffic off Dream Lake Road. He failed to mention that all that truck traffic and even more because of the expansion would be routed right through the residential district on Ridge Road. Why are they not building an access road over their own property Route 149 as they promised as they promised to do in 2014? Fort Miller's President and their Attorney also keep making verbal promises to this Board in Workshops. The Attorney is claiming in Workshops, we will put it in writing; we will put it in writing. They know full well that the Town Board cannot write project specific language into the Zoning Code. The Town Board could certainly get a written letter from Fort Miller regarding those verbal assurances that Fort Miller has made to this Board. The Fort Miller packet includes a three-page agreement Kubricky release of their Ridge Road access property. Where is the written agreement that Fort Miller has offered this Board? Putting their verbal assurances in writing. I have not seen those verbal assurances. It is okay if you make a mistake by permitting, fireworks you can always change those laws if there are abuses. If you make a mistake tonight by rushing this decision in changing the Zoning Code you can never change the abuses not even to protect your grandchildren. If you make a mistake tonight, it is forever. I am begging this Board for the good of the residents of Queensbury to please table this REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 140 Law. Listen to the people. Get the written assurances that Fort Miller has offered to give you before you take any action to change the Queensbury zoning code. SUPERVISOR STROUGH-Thank you. Anyone else like to speak to the Town Board on this application before us? ATTORNEY CLAUDIA BRAYMER-I am an Attorney representing Mr. Holding and his family. I do appreciate it, and I know Mr. Holding does as well that you are sort of sliding back on the change that you had previously proposed and just going with the changes that were already approved in 2014. My point in making one more comment is that I haven't seen any SEQRA done on the zoning change. It is my position that you would need to go out for another public hearing if you are removing this provision. Even though we are pleased that you are removing that provision about the buffer. You did go out for a second public hearing when you were contemplating adding it. I think if you are going to remove it, I would leave it to your Counsel. It may be necessary to do a second public hearing showing again that language about the buffer now having been removed before you act on it. Thank you that is my only thought for you. Thank you so much. TRAVIS WHITEHEAD, QUEENSBURY-The proposed Local Law that was published two weeks ago was unacceptable. The one online at this very moment is unacceptable. The one printed in front of you at this very moment is unacceptable. The edits you are considering seem to take care of the issue, but then again I am not a lawyer. I would say that these changes are significant is certainly at me looking at it differently. It seems like they have Ms. Braymer looking at it differently. I would concur that this is a substantial change. Again, while I feel that you are going in the right direction. I also feel it probably proper to have another public hearing. I think that is the way the law reads. It is a substantial change. Thank you. SUPERVISOR STROUGH-Would anyone else like to speak. NANCY NEWBURN, 38 SUNNYSIDE NORTH, QUEENSBURY-I live in rural Queensbury, obviously. On a regular basis I experience, we all experience our own version, which is the cold air keeping pollution in. When the cold air sinks, it is trapping pollutants and we inhale them. I wake up with it. I have my window open. I wake up in the morning and I am breathing diesel. This is not with the expanded mine. I am not as gracious as the gentlemen that spoke before and said, we're not even asking you not to expand the mine. I would really like to see the mine not expanded. This summer has been clear evidence that global climate change is underway. There is a tipping point we probably have passed already. I think it is incumbent upon every local municipality in this country to do everything in their power to mitigate the degradation that is happening to this environment under the current administration. We cannot afford to sit back and allow polluters to continue to pollute. To increase truck traffic for diesel pollution we are in trouble. The planet is in trouble. We have to start doing things on a local level to change things. If we don't it is going to be worse than it already is. We have to mitigate what is going on, on a national level. A good way to start is to reduce pollutants and reduce diesel emissions. I do not know what else to say. I am really upset that this may happen. It is very close to me. It is very close to where my son lives. I don't know I would hope that you would reconsider the whole shooting match. Thank you. KIP GRANT, 1195 RIDGE ROAD, QUEENSBURY-My wife, Jean and I would like to make a special impact of the sentiments of Mr. Holding and hopefully you will take those into consideration. I have nothing more to add beyond what I said last week and what I have said before at Planning Board Meetings. I do know last week at your meeting Mr. Lockhart explained in pretty good detail the noise that is .... from the operation over there. In fact it was about a year ago I was at the Planning Board and Mr. Marcel made a statement that he didn't understand how in anyway at our home you could hear that operation into the gravel pit. I just want to briefly play for you something from last Thursday so you can hear his operation at my house. It goes on and on. In fact, it went on Thursday from about 7:00 a.m. to 5:00 p.m. That is without a lot of the backup alarms. The frontend loader going. Making the sounds the frontend loader makes going forward and backwards all day. I looked at Google before I came over to try and come up with an estimate of the distance because we have been talking about a thousand feet. The distance from where I was standing to his boundary line measures about two thousand feet. Thank you. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 141 SUPERVISOR STROUGH-Anyone else. PAOLO LICARI, 1333 RIDGE ROAD, QUEENSBURY-I do believe that there needs to be a public Workshop in regards to this mining expansion. I have so many questions that I don't believe that you guys would be able to answer for me. In regards to the way, that site is going to be set up. Where everything is going to be happening in regards to my property. Before, I speak negative about what they want to do there. I want to be a hundred percent certain the impact it is going to have on my property. I need to protect my interest. I do believe there needs to be a Workshop where I can ask those questions and hopefully get an answer. With that being said, I feel that is what needs to happen. SUPERVISOR STROUGH-Thank you. Anyone else like to speak to the Board on this topic. DEPUTY TOWN CLERK, O'BRIEN-Read the following letters into the record. Letter dated August 6, 2018 From: Lynn Conlon Dear Supervisors: I understand that the Town Board has proposed a new local law, which will change the specific standards in the Queensbury Zoning Code for mining to effectively eliminate the guaranteed 1,000-foot separation between new mining operations and existing residences. The existing Queensbury zoning ordinance states that "(mining) shall be allowed only in a substantially undeveloped area, at least 1,000 feet (horizontal distance) from any existing residence." In its 2017 petition to the Town Board for Change of Zone for the Kubricky Ridge Road parcel, Fort Miller Co. requested a change in the code that would redefine that 1,000-foot separation between new mining operations and existing residences as a buffer, which could then be modified by a waiver issued by the Town planning board. Instead of the 1,000-foot separation, which in now guaranteed to residents, a Ft. Miller representative stated that they would be looking for a buffer in the order of a couple hundred feet. If the proposed new law is passed, and the code is changed to eliminate the guaranteed 1,000 foot separation, any parcel in Queensbury that has mining potential could be rezoned RR and developed without that 1,000 foot guaranteed separation, not just the Kubricky Ridge Road parcel. The Board should notify all residents of the Town who could potentially be affected by this new law and schedule a workshop for such residents to share facts and evidence regarding the 1,000 foot separation and the effects that reducing this separation assessment for any property effected by this new law, as having a mine within 200 feet of a residence will significantly diminish the value and future salability of these properties. I urge the Board to table this proposal until the Board allows the residents of the Town of Queensbury to tell their side of the story,just as the Board has allowed the Ft. Miller Co. to tell theirs. Letter dated August 20, 2018, From: Janice Holding, 48 Dream Lake Road I apologize for not being about to attend the Public Hearing tonight relating to the change in Zoning Law for Fort Miller Company's Dream Lake Sand and Gravel Pit, but family obligations take precedence. However, I did want to have the opportunity to make my opinions known to the Board, so I am submitted the following letter to read into the record at the Town Board Meeting on August 20, 2018. Please confirm receipt of this letter. Thank you. Members of the Board of the Town of Queensbury: I have reviewed the proposed change to the Zoning Law, which not only adds Sand & Gravel Extraction as a permitted use in the RR Zone, with the restriction of a minimum of 25 acres, but also includes a change to the current required 1000-foot separation between the mining operation and any existing house. This new law would change the separation to a "buffer", which could then be waived in part or entirely by the Planning Board(with the exception of the 25-foot separation required by the DEC). I do not understand why the Board is considering including in the new law this alternative method for obtaining a waiver from the required separation. As we all know, there is currently a REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 142 procedure in the Zoning Code for obtaining a waiver for required separations such as this —it is through the process of applying for a variance through the Zoning Board of Appeals. Why should Fort Miller, or any other mining company, be given a different way to obtain waivers than the rest of the property owners in Queensbury? All of the people in this room need to go through the Zoning Board of Appeals to get a waiver or variance. Fort Miller and Mr. Brown, the Town's Code Enforcement Officer, may say that "a mining operation would not find it easier" to get a waiver through the Planning Board, but if that is the vase, then why is Fort Miller asking you to change the verbiage in the law? We all know that the Planning Board looks at different factors than the Zoning Board of Appeals —factors such as consistency of surrounding uses. Fort Miller could point to the other mines on Ridge Road and say they are proposing a consistent use and that would be the end of the discussion. On the other hand, the Zoning Board of Appeals looks at criteria such as whether the project is ,'more of a positive impact and less of a detriment." Whether there are any feasible alternatives, the character of the neighborhood, environmental impacts and whether the problem is self- created. Fort Miller knows that their proposed expansion will not hold up as well to the scrutiny of the Zoning Board of Appeals. For example, Fort Miller and Mr. Brown, in your workshops regarding their plans for expansion, have implied that the DEC has told the company they cannot exit onto Route 149, which was what Fort Miller promised to do when they requested that you change the Code to allow mining in the RR Zone back in 2014. The DEC has, in fact, not told them they cannot—only that they would have to create new wetlands, so, here is an alternative that the Zoning Board of Appeals would look at, but might never come up at the Planning Board. In addition, the "problem" of needing a waiver to the 1000-foot separation is based on Fort Miller's discover that the vein runs toward the houses on Ridge Road. They should have figured that out before purchasing the address, while the Planning Board would not. There are many other reasons why Fort Miller (and other mining companies) should be required to follow the established procedures for obtaining any waiver to the required 1000-foot separation. I request that you strike the change in verbiage in the proposed law that would eliminate the required 1000-foot separation. I also request that you grant the residents of Queensbury a workshop to outline the specific circumstances, which would enable us to support Fort Miller's proposed expansion of their mining operations at the Dream Lake Sand & Gravel Pit. Sincerely, Janice Holding 48 Dream Lake Road SUPERVISOR STROUGH-What is being proposed tonight is basically the same thing as we proposed in 2014. TOWN COUNSEL, SCHACHNER-And adopted in 2014. SUPERVISOR STROUGH-And we had public hearings on this. TOWN COUNSEL, SCHACHNER-Correct. SUPERVISOR STROUGH-And we did SEQRA. TOWN COUNSEL, SCHACHNER-Correct. SUPERVISOR STROUGH-This is just to clarify that it should have been in the text part. TOWN COUNSEL, SCHACHNER-Also correct. SUPERVISOR STROUGH-Not just the tables. This has already been approved by this Board. The mining operation is not new. It is there. Has been there. I don't know how long, but it has been there. This is a confirmation of what we already approved just to clarify that. TOWN COUNSEL, SCHACHNER-Just to add to that. There was a proposed wrinkle that went beyond that, which if I understand the Board's sentiment is now not proposed. So that being the case our understanding is exactly what you just stated Mr. Supervisor. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 143 SUPERVISOR STROUGH-So taking out the one thousand foot buffer language and leaving it the one thousand foot setback, as it has been just that require another public hearing. TOWN COUNSEL, SCHACHNER-We believe not. The threshold for that determination is whether it is a material change. We believe that it is not a material change. We believe that especially because what you are no longer proposing means you are staying with what was adopted in 2014 and not going beyond what was adopted in 2014. We do not believe that it requires any additional public hearing. SUPERVISOR STROUGH-So there really isn't any changes? TOWN COUNSEL, SCHACHNER-Correct. That is our understanding keeping in mind that we are having a public hearing on the proposal. We are not saying no public hearing is required at all. You are having that. SUPERVISOR STROUGH-Essentially when we set the public hearing for tonight it was essentially a public hearing. Tonight we had a public hearing on the other two Resolutions. We had public hearings. We did have a couple of Workshops with the applicant there. Mr. Holding was there. Everyone has been certainly given the opportunity and through emails as Deputy Town Clerk, Karen O'Brien just pointed out. There are ways of communicating with this Board that people have used largely. I believe that the applicant is coming before this Board for to ask for a Zoning change of the Kubricky property going out to Ridge Road. We will have additional public hearings when it comes to that. There will be plenty of public hearings. We have had plenty. There will be plenty more. Any thoughts on behalf of the Town Board? Any questions for Town Counsel? COUNCILWOMAN ATHERDEN-Has that property been purchased by Fort Miller? Have they purchased the Kubricky property? SUPERVISOR STROUGH-I do not know the answer to that question. COUNCILMAN FERONE-I think the map you were given that is dated June 16, 2018 still had that lot listed as Kubricky John and Sons, Inc. So maybe that has not happened. COUNCILMAN METIVIER-I think my frustration in this whole thing is that we continually lose sight of the fact that people want trucks, off Dream Lake and this is the option. Yes, we wanted to do an egress on Route 149. It is not going to happen. This is a good solution, but it is shifting truck traffic from one set of residents to another so nobody wins in the end. I do believe we need to get the trucks off Dream Lake Road, Bay Road. Hopefully they will reroute truck traffic to Route 149, Route 4. We will see what happens then. It is just frustrating to me. Mr. Holding's daughter got up and said she was almost hit by a truck and I get that. This will offer a solution to that. SUPERVISOR STROUGH-This before us tonight is not... COUNCILMAN METIVIER-I get that. We continually lose sight of the fact that this is what the ultimate outcome is going to be. It is not the operation of extending the mine. It is to get trucks off Dream Lake Road. I just do not understand why people are fighting that. I have not been able to understand in almost four years. SUPERVISOR STROUGH-Getting the trucks off Dream Lake would help reduce the impacts of those living on North Sunnyside. COUNCILMAN METIVIER-Agreed. Like I said, Bay Road. That intersection at Sunnyside and Bay is dangerous. Granted you can see the trucks coming. I think that this may offer a better solution in the long run. SUPERVISOR STROUGH-But, again that is not before us tonight. What is before us tonight is the confirmation of what we approved in 2014. They made the tables they didn't make the text. That is what Resolution two point two is just getting it into the text as well. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 144 TOWN COUNSEL, SCHACHNER-Let's just be clear. The Local Law that is proposed that is now attached to the Resolution. Correct me if I am wrong. You as a Board have said to delete those five words, correct. SUPERVISOR STROUGH-Right. COUNCILWOMAN SWITZER-Yes. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2018 TO AMEND QUEENSBURY TOWN CODE AND TOWN ZONING MAP TO ADD COMMERCIAL SAND, GRAVEL AND TOPSOIL EXTRACTION TO RURAL RESIDENTIAL AND HEAVY INDUSTRIAL ZONES RESOLUTION NO. 303,2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, by Resolution No.: 254,2014, the Queensbury Town Board enacted Local Law No.: 2 of 2014 amending Chapter 179, entitled "Zoning," which, among other things, amended language and requirements in various locations and made revisions to the Town Zoning Map, including adding commercial sand, gravel and topsoil extraction as an allowed use in the Rural Residential (RR) and Heavy Industrial (HI) Zones to the Use Table with a footnote limiting such use in the RR zone to parcel sites of twenty-five (25) acres or greater, but the language was not added to the text itself in Chapter 179-10, and WHEREAS, by Resolution No.: 241,2014, the Town Board determined that such proposed changes to the Town Code and the Town Zoning Map would not result in any large or important detrimental impacts and would not have a significant adverse impact on the environment, and therefore declared a Negative Declaration under the New York State Environmental Quality Review Act (SEQRA) and authorized the filing of a SEQRA Negative Declaration - Notice of Determination of Non-Significance for the action, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.:1, of 2018 to amend its Zoning Law and Map to clarify that commercial sand, gravel and topsoil extraction is an allowed use in the RR and HI Zones, with such use in the RR Zone to be limited to parcel sites of twenty-five (25) acres or greater, and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 145 WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the proposed revised Zoning Code and Zoning Map to the Warren County Planning Department which by Project Review and Referral Form dated July 18, 2018 found that the Project would not create any significant intermunicipal or countywide impacts, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed Zoning Law amendments prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, by letter dated July 23, 2018, the Adirondack Park Agency advised that it reviewed the proposed revised Zoning Law amendments and found that since the proposed amendments will correct an omission and clarify the review standards as originally intended by the Town and not otherwise alter the authority of the APA-approved local land use program, the APA considers such revision to be a technical amendment and therefore formal APA approval is not required, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public Hearing prior to the adoption of any Local Law and the Town Board duly held a Public Hearing on Monday, August 20th, 2018 concerning proposed Local Law No.: 1, of 2018 and heard all interested persons, and WHEREAS, the proposed Local Law is in form acceptable to Town Counsel, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 146 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 1, of 2018 to Amend Chapter 179 "Zoning" of Queensbury Town Code and Revise Zoning Map as described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect as provided by law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Director of Planning, Zoning and Code Compliance to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES None ABSENT: None LOCAL LAW NO.: 1, OF 2018 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE AND REVISE ZONING MAP BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. Section 1. Intent; Authority — The Queensbury Town Board recognizes the potential benefit of a current and accurate zoning ordinance. This Local Law is adopted in accordance with the New York State Municipal Home Rule Law. Section 2. The Queensbury Town Board wishes to adopt this Local Law to clarify that commercial sand, gravel and topsoil extraction are allowed uses in the Rural Residential (RR) and Heavy Industrial (HI) Zones, with such uses in the RR Zone to be limited to parcel sites of twenty-five (25) acres or greater. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 147 Section 3. Amendment of Zoning Law — Queensbury Town Code Chapter 179 entitled "Zoning" and known as the "Town of Queensbury Zoning Law," Paragraph G of§179-10-070, entitled "Specific Standards" is hereby amended as follows: G. Commercial mineral extraction and commercial sand, gravel and topsoil extraction. eeninietvial. Note that Mining and excavation activity may be regulated by the New York State Department of Environmental Conservation or other agencies. Mineral extraction in the resource management, rural use, low-intensity use, and moderate-intensity use areas on the Adirondack Park Land Use and Development Plan are Class A regional projects subject to the jurisdiction of the Adirondack Park Agency. [Amended 12-15-2014 by L.L. No. 7-2014] (1) Commercial mineral extraction (defined as above by the Department of Environmental Conservation threshold) shall be allowed only within the Heavy Industrial (HI) District. Commercial sand, grm,el and topsoil extraction shall only be allofi,ed fi,ithin the Hemy Industrial (HI) and Rural Residential (RR) Districts. Commercial mineral extraction and commercial sand, grm,el and topsoil extraction shall be subject to by special use permit as specified in Tables 2 and 4 of this Chapter and may only occur in a substantially undeveloped area and at least 1,000 feet (horizontal distance) from any existing residence. In addition,for commercial sand, grm,el and topsoil extraction, tit,enty-fine (25) acres of land shall be the minimum allofi,able property size fi,ithin a Rural Residential District. (2) Any excavation associated with commercial mineral extraction and/or commercial sand, grm,el and topsoil extraction shall not adversely affect the natural drainage of adjoining properties not in the same ownership, or the structural safety of buildings on such adjoining properties; the top of any slope of the excavation shall not be closer than 100 feet to the boundary line of any adjoining property not in the same ownership, nor closer than 200 feet to any public highway or water body or watercourse. (3) Within the above setbacks, natural vegetation shall be left undisturbed, except for planting pursuant to the requirements hereof. The Planning Board may, in its discretion, require additional measures to provide suitable screening of the excavation, such as planting or fencing. (4) An applicant for a special use permit for commercial mineral extraction and/or commercial sand, grm,el and topsoil extraction shall submit to the Planning Board copies of all applications and other materials submitted to the New York State Department of Environmental Conservation in connection with its commercial resource extraction application. (5) In issuing a special use permit for commercial mineral extraction and/or commercial sand, grm,el and topsoil extraction the Planning Board shall impose conditions designed to protect the public health, safety, and welfare. Such conditions shall be REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 148 limited to the following, unless the laws of New York State allow the imposition of additional conditions: (a) Ingress from and egress to public thoroughfares controlled by the Town; (b) Routing of mineral transport vehicles on roads controlled by the Town; (c) Requirements and conditions specified in the permit issued by the Department of Environmental Conservation concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, and hours of operation; (d) Hours of operation; and (e) Enforcement of reclamation requirements contained in any Department of Environmental Conservation permit. (6) In issuing a special use permit for commercial mineral extraction and/or commercial sand, grm,el and topsoil extraction uses not subject to regulation by the Department of Environmental Conservation, the Planning Board may impose such additional conditions as it deems necessary. (7) The Planning Board shall deny a special use permit for commercial mineral extraction and/or commercial sand, grm,el and topsoil extraction for any project which does not satisfy the requirements of this section and/or Article 10 of this chapter regarding the general criteria and procedures for special use permits. Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 5. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 6. Effective Date — This Local Law shall take effect upon filing in the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT — 3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF AUGUST 215T,2018 RESOLUTION NO.: 304,2018 REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 149 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of August 16th, 2018 and a payment date of August 215t, 2018, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of August 16th, 2018 and a payment date of August 215t, 2018 totaling $474,911.32, 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 20th day of August, 2018, by the following vote: AYES Mrs. Atherden, Mr. Ferone, Mr. Strough, Mr. Metivier NOES None ABSENT :None ABSTAIN:Mrs. Switzer RESOLUTION AUTHORIZING CLOSURE OF GRANT IN CAPITAL PROJECT FUND #176 AUTHORIZED BY RESOLUTION NO. 74,2010 RELATED TO THE SOUTH QUEENSBURY BROWNFIELD OPPORTUNITY AREA PROJECT RESOLUTION NO.: 305, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 287,2005, the Queensbury Town Board authorized the Warren County Economic Development Corporation (WCEDC) to submit a Brownfield Opportunity Areas (BOA) Program Grant Application, and WHEREAS, by Resolution No.: 74,2010, the Town Board accepted $42,500 in grant funds from the New York State Department of State, authorized a Grant Agreement with the New York State Department of State, authorized establishment of the "BOA Program Grant Fund 4176" which established funding for expenses associated with the grant funds, and established initial appropriations and estimated revenues for Capital Project Fund 4176 in the amount of$42,500 funded from grant funds to be received by the Town through the New York State Department of State Brownfield Opportunity Areas Program, and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 150 WHEREAS, by Resolution No.: 94,2012, the Town Board authorized funding of its portion of the Town's 10% share of the Project, and WHEREAS, Town Accountant has advised that this grant needs to be closed out, and WHEREAS, before doing so, the Town needs to pay for the Town's previously authorized 10% share of the Project which is $3,842.50, and WHEREAS, the Town Board wishes to transfer $3,842.50 from Fund Balance to provide for the 10% share and close the grant, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all actions necessary to effectuate the transfer of $3,842.50 from Fund Balance to BOA Program Grant Fund 4176 to provide for the Town's previously authorized 10% share of the Project as authorized by Resolution Nos: 74,2010 and 94,2012 delineated in the preambles of this Resolution and thereafter, the closing of the grant in BOA Program Grant Fund 4176, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION AUTHORIZING REAPPOINTMENT OF BRIAN DREITLEIN AS MEMBER OF TOWN CEMETERY COMMISSION RESOLUTION NO. 306,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Cemetery Commission in accordance with applicable New York State law, and WHEREAS, the term of Cemetery Commission member Brian Dreitlein expired as of June 30th, 2018 and the Town Board wishes to authorize and ratify the reappointment of Mr. Dreitlein to the Commission for a new three(3)year term commencing as of July lst, 2018, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 151 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the reappointment of Brian Dreitlein as a member of the Town of Queensbury Cemetery Commission to serve a three(3) year term commencing as of July 1", 2018 through June 30th, 2021. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT:None RESOLUTION AUTHORIZING INCREASE OF APPROPRIATIONS IN CLEAN ENERGY COMMUNITIES CAPITAL PROJECT FUND #219 RESOLUTION NO.: 307, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 231,2017, the Queensbury Town Board authorized establishment of the Clean Energy Communities Capital Project Fund 4219 and funding of the Revenue and Expense Accounts for such Capital Project in a total amount of$10,000, and WHEREAS, the Town Board wishes to authorize an additional $20,000 in funding toward this Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs an increase in the amount of$20,000 of the Clean Energy Communities Capital Project Fund 4219, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that such funding for such Capital Project shall be by a transfer of $20,000 from the General Fund Unappropriated Fund Balance to Clean Energy Communities Capital Project Fund 4219, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following appropriations and revenues as necessary: • 001-9950-9030 Transfer to Capital Project - $20,000 • 219-0000-55031 Interfund Revenue - $20,000 0 219-8030-4720 Consultant Fees - $20,000; and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 152 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 establish such appropriations and estimated revenues, 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 all actions necessary to effectuate this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT : RESOLUTION AUTHORIZING PRE-ENTITLEMENT AGE PAYOUT OF VOLUNTEER FIREFIGHTER SERVICE AWARD PROGRAM RETIREMENT BENEFITS TO ROBERT WHITMORE RESOLUTION NO.: 308,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board previously adopted a Volunteer Fire Fighter Service Awards Program, and WHEREAS, the Town Board previously authorized engagement of PENFLEX, Inc., the Town's Service Award Program Specialists, and WHEREAS, the Town's Service Award Plan provides that volunteers may receive their retirement benefits upon reaching the age of 62, and WHEREAS, the Town's Service Award Plan allows for the early payout of Service Award Plan retirement benefits in special circumstances upon the authorization of the Town Board, and WHEREAS, Robert Whitmore, a member of the Queensbury Central Volunteer Fire Company, has requested Town Board authorization for an early payout of his Service Award Plan retirement benefits as Mr. Whitmore has suffered a qualifying, total and permanent disability which now prevents him from being an active member of such Fire Company, and WHEREAS, the Town Board may grant early payouts on a case-by-case basis, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 153 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board has considered the request of Robert Whitmore and as a result of Mr. Whitmore's qualifying, total and permanent disability, hereby authorizes the pre-retirement, early payout of Service Award Plan retirement benefits to Mr. Whitmore as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign any needed documentation to effectuate such payout and transmit a certified copy of this Town Board Resolution to PENFLEX, INC., and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND FRIENDS OF MOUNTAINSIDE LIBRARY RESOLUTION NO. 309,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to enter into an agreement with the Friends of Mountainside Library for the year 2018, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Friends of Mountainside Library for the year 2018 with funding for the Agreement not exceeding the sum of $1,500 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from the appropriate Town account(s) as will be determined by the Town Supervisor and/or Town Budget Officer. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION AUTHORIZING LAKE GEORGE TRIATHLON REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 154 RESOLUTION NO. 310,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Adirondack Race Management/Lake George Triathlon Festival has requested authorization from the Queensbury Town Board to conduct its 13th annual Lake George Triathlon on the following roads: SPONSOR Adirondack Race Management/Lake George Triathlon Festival EVENT Lake George Triathlon DATE Saturday, September 15t, 2018 TIME Approximately 7:00 a.m. — 10:30 a.m. (Bike Leg Portion) PLACE: Warren County Bike Trail and then Birdsall, Round Pond, Blind Rock, Haviland, Rockwell, Sunnyside, Jenkinsville and Ridge Roads (map delineating course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from Adirondack Race Management/Lake George Triathlon Festival to conduct the Lake George Triathlon partially within the Town of Queensbury on Saturday, September lst, 2018, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 20th day of August, 2018, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF WILLIAM MILLER AND CURTIS PRATT AS FULL-TIME MOTOR EQUIPMENT OPERATORS FOR TOWN HIGHWAY DEPARTMENT REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 155 RESOLUTION NO.: 311,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that there are currently two (2) vacancies in full-time Motor Equipment Operator (MEO) positions in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the positions, reviewed resumes and has made hiring recommendations to the Town Board to hire William Miller and Curtis Pratt, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of William Miller and Curtis Pratt as full-time Motor Equipment Operators (MEO) in the Town's Highway Department effective on or about August 21", 2018 subject to Mr. Miller and Mr. Pratt's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, RESOLVED, that Mr. Miller and Mr. Pratt shall be paid at the hourly rate of pay for the MEO position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 156 RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway 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 August, 2018 by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT:None RESOLUTION AUTHORIZING GIRL SCOUTS OF NORTHEASTERN NEW YORK TO UTILIZE TOWN OF QUEENSBURY TOWN HALL AS EMERGENCY GATHERING LOCATION RESOLUTION NO.: 312, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Girl Scouts of Northeastern New York (Girl Scouts) own and operate Camp Meadowbrook, a summer day camp program/property located at 239 Meadowbrook Road in the Town of Queensbury, and WHEREAS, the Girl Scouts have advised that they have completed its 2018 Fire Evacuation Plan and have requested permission from the Town of Queensbury Fire Marshal to utilize the Town's facilities as an emergency gathering location in the event they must evacuate campers and staff from their property, and WHEREAS, the Town of Queensbury's Fire Marshal/Town Safety Officer has reviewed the Girl Scouts' request and find it is consistent with the Town's Comprehensive Emergency Management Plan adopted by Resolution No.: 24,2018 and recommends the Town Board authorize the Girl Scouts' request, and WHEREAS, the Town Facilities Manager has also considered such request and concurs with the Town Fire Marshal/Safety Officer's recommendation, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 157 RESOLVED, that the Queensbury Town Board hereby authorizes the Girl Scouts of Northeastern New York (Girl Scouts) to utilize the Town's facilities as an emergency gathering location in the event they must evacuate its campers and staff from their property, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Fire Marshal/Town Safety Officer and/or Town Facilities Manager to work with the Girl Scouts to finalize a plan in the event of an evacuation/emergency, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation with regard to such plan and the Town Supervisor, Town Fire Marshal/Safety Officer and/or Town Facilities Manager to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this 201h day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT : None RESOLUTION AUTHORIZING STIPULATION OF SETTLEMENT BETWEEN TOWN OF QUEENSBUY AND NEW YORK STATE COMMISSIONER OF LABOR RESOLUTION NO.: 313,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, on October 11, 2017, the New York State Commissioner of Labor issued a Notice of Violation and Order to Comply to the Town of Queensbury, and on May 15, 2018 assessed a penalty against the Town of Queensbury in the amount of$19,008.00, and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 158 WHEREAS, the Town of Queensbury disputed the Notice of Violation and Order to Comply, as well as the fine assessed by the New York State Commissioner of Labor, and filed a Petition for Review with the New York State Industrial Board of Appeals in connection with the Town's objection to the Notice of Violation and Order to Comply and the assessed fine, and WHEREAS, the Town of Queensbury and the New York State Commissioner of Labor have entered into settlement negotiations to resolve the issues raised by the Town's Petition and have negotiated a Stipulation of Settlement by which the Town will pay the Commissioner of Labor the sum of$2,000.00 in full satisfaction of all claims in the Notice of Violation and Order to Comply and the assessed fine, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby approves the terms of the Stipulation of Settlement in a form to be approved by the Town Supervisor and the Town's Labor Attorney, and authorizes the Town Supervisor to sign the finalized Stipulation of Settlement, as well as authorizes the payment of $2,000.00 to the Commissioner of Labor in full satisfaction of all claims contained in the Notice of Violation and Order to Comply and the assessed penalty, which $2,000.00 payment shall be paid by August 30, 2018, to be paid for from the appropriate account(s) as may be determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that upon the signing of the Stipulation of Settlement and making the $2,000.00 payment in connection with the Stipulation of Settlement, the Town of Queensbury shall withdraw its Petition for review with the New York State Industrial Board of Appeals, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 159 AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT:None RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF R.M. DALRYMPLE COMPANY,INC., FOR REMOVAL AND REPLACEMENT OF FUEL CONTROL SYSTEM AT TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 314,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has requested Town Board approval for the removal and replacement of the existing fuel control system at the Town Highway Department(Project), and WHEREAS, the Highway Superintendent requested and received quotes for such Project and the lowest quote that serves the Department's needs and is the same standardized system used in the Town Water Department is from R. M. Dalrymple Company, Inc. in the amount of $12,414.47, and therefore the Highway Superintendent has recommended that the Town Board authorize the Project and engagement of such services, and WHEREAS, the Town Board concurs with such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the removal and replacement of the existing fuel control system at the Town Highway Department (Project) and the engagement of the services of R. M. Dalrymple Company, Inc. for an amount not to exceed $12,414.47 as delineated in R. M. Dalrymple Company, Inc.'s proposal dated 8/13/18 presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 160 RESOLVED, that the Town Board hereby authorizes the Town Budget Officer to amend the Town Budget and transfer $12,414.47 from Highway Fund Balance 004-0000-0909 to Computer Software Account No.: 004-1680-2032 and take any other actions necessary to fund such Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation, and the Town Supervisor, 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 August, 2018, by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES : None ABSENT:None RESOLUTION AUTHORIZING HIRING OF DEVIN STOCKMAN AS FULL-TIME LABORER FOR TOWN WATER DEPARTMENT RESOLUTION NO. 315,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Water Superintendent has advised the Queensbury Town Board that there is currently a vacancy in a full-time Laborer position in the Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Water Superintendent posted availability for the position, and WHEREAS the Water Superintendent reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Devin Stockman as the full-time Laborer, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 161 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Devin Stockman as a full-time Laborer in the Town's Water Department effective on or about August 21", 2018 subject to the Town successfully completing a pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, and drug and/or alcohol screening, and subject to Mr. Stockman's successful completion of a 26 week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Stockman shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Water 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 August, 2018 by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF T TECH,LLC—INTERNET TAX PROPOSAL RESOLUTION NO.: 316,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 162 SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 136,2014, the Queensbury Town Board authorized engagement of Business Automation Services, Inc., (BAS) relating to an internet tax system whereby the general public could view updated tax bills and payment history online and/or make tax payments via credit cards and/or eChecks (ACH)received by the Town's Receiver of Taxes and Assessments, and WHEREAS, as part of such authorized services, BAS contracted with Value Payment Systems (VPS) who subcontracted with World Pay for such point of sale and online credit card payment transactions, and WHEREAS, VPS has advised that World Pay's electronic check processing services will no longer be available and therefore, VPS has proposed providing an alternate processor, T Tech, LLC, to provide such services, and WHEREAS, VPS has provided the Town with a proposed Service Agreement with T Tech, LLC and the Town's Receiver of Taxes and Assessments has recommended that the Town Board authorize such Service Agreement, and WHEREAS, the proposed Service Agreement is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Service Agreement with T Tech, LLC relating to the Town's internet tax system whereby the general public views updated tax bills and payment history online and/or makes tax payments via credit cards and/or eChecks (ACH)received by the Queensbury Tax Receiver, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 163 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Service Agreement with T Tech, LLC substantially in the form presented at this meeting and the Town Supervisor, Tax Receiver, Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION ACCEPTING AND AUTHORIZING AWARD OF BID FOR GURNEY LANE POOL REPAIRAMPROVEMENT PROJECT RESOLUTION NO. 317,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund 964 (Fund 964)for future Town project developments, and WHEREAS, by Resolution No.: 124,2006 the Town Board authorized establishment of Capital Project Fund 9157 to fund expenses associated improvements at the Gurney Lane Recreation Area, and WHEREAS, by Resolution No.: 161,2018, the Queensbury Town Board authorized certain withdrawals and expenditures for specific Town Recreation Department capital improvements and maintenance projects including $146,000 toward specific capital improvements and certain items of equipment at the Gurney Lane Pool of which $60,000 was set aside specifically for pool recoating (Project), and WHEREAS,by Resolution No.: 200,2018,the Queensbury Town Board authorized and directed the Town's Purchasing Agent to publish an advertisement forbids in the official newspaper for the Project, as set forth in bid specifications prepared by the Town's Director of Parks and Recreation, The Chazen Companies (Chazen) and/or Town Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bid documents and specifications, and WHEREAS, the Town's Purchasing Agent published such an advertisement for bids and on Thursday, August 8`h, 2018, the Purchasing Agent duly received and opened all bids, and WHEREAS, the Purchasing Agent, Recreation Commission, Parks and Recreation Director and Chazen have recommended that the Town Board authorize the bid award to the lowest responsible bidder, Patterson-Stevens, for a total bid amount not to exceed $173,700, and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 164 WHEREAS, the Parks and Recreation Director has advised the Town Board that there are times when Change Orders may become necessary for such Project and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five-percent (5%) contingency or up to a total amount not exceeding $8,675, for Change Orders that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of additional moneys in the amount of$122,385 from Fund 964 for the Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund 964 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the Gurney Lane Pool Repair/Improvement Project (Project) as set forth in the preambles of this Resolution is an expenditure for a specific capital project for which the Capital Improvement Plan Reserve Fund 964 (Fund 964)was established, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs such Project as described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby accepts and awards the bid for the Project from the lowest responsible bidder, Patterson-Stevens for a total bid amount not to exceed $173,700, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Agreement between the Town and Patterson-Steves and/or any other documents related to the bid award in form acceptable to the Town Supervisor, Parks and Recreation Director, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Parks and Recreation Director to approve and sign Change Orders pertaining to the Project up to a five-percent (5%) contingency or in the total amount not exceeding $8,675 that he deems necessary or appropriate, provided that the Director first confer and receive authorization from the Recreation Commission, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 165 RESOLVED, that the Town Board further authorizes and directs a transfer from Fund 964 in the total amount of $122,385 to fund such improvement Project, such funds to be placed into the Gurney Lane Capital Project Fund 9157 and the Town Board further directs that in the event there are funds remaining in such Capital Project Fund after completion of the Project or in the event that the Project is not undertaken, the moneys in the Capital Project Fund shall be returned to the Fund 964, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment of up to $182,385 shall be paid to Patterson-Steves from Capital Construction Account#: 157-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish additional appropriations and estimated revenues as necessary for Capital Project Fund 9157 in the amount of$122,385, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer and/or Accountant to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: • Revenue Account 4: 157-0000-55031 (Interfund Revenue) — $122,385 • Expense Account 4: 157-7110-2899 (Capital Construction)- $122,385 • Expense Account 4: 001-9950-9030-0064 Transfer to Capital Project - $122,385 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer and/or Accountant to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 166 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Parks and Recreation Director, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 20tn day of August, 2018,by the following vote: AYES Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF U.S. SECURITY ASSOCIATES, INC.,FOR UNARMED SECURITY SERVICES AT TOWN OFFICE BUILDING RESOLUTION NO.: 318,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Budget Officer and/or Purchasing Agent requested proposals for Unarmed Security Services (Services) at the Town Office Building, and WHEREAS, the Budget Officer and Purchasing Agent have received and reviewed the proposals and have recommended that the Town Board authorize engagement of U.S. Security Associates, Inc., for such Services as delineated in U.S. Security Associates, Inc.'s 8/14/18 "Security and/or Patrol Service Agreement"presented at this meeting, REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 167 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of U.S. Security Associates, Inc., for the provision of Unarmed Security Services as generally delineated in U.S. Security Associates, Inc.'s 8/14/18 Security and/or Patrol Service Agreement presented at this meeting, such Services to be paid for from the appropriate account(s) to be determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Security and/or Patrol Service Agreement with U.S. Security Associates, Inc., substantially in the form presented at this meeting and/or any other needed documentation, and the Town Supervisor, Purchasing Agent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20th day of August, 2018, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES None ABSENT: None 5.0 CORRESPONDENCE NONE 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) MARK LEPORIN,122 SUNNYSIDE NORTH, QUEENSBURY-Spoke to the Board regarding his concern with short term rentals in Queensbury noting he has a problem with one in his neighborhood, questioned if the Town will be addressing this issue. 7.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN SWITZER(WARD IV) • Start up Adirondack is a small business class that the Economic Development Corporation, Washington County Development Corporation and SUNY Adirondack will be starting in September and go through November. This is an opportunity for anyone looking to start a new business in Queensbury, Warren County for that matter. To learn how to put a business plan together and meet some local professionals. This will take place on Tuesday from 6:00 p.m. to 8:00 p.m. You can find this through SUNY Adirondack Continuing Education Program on their SUNY Adirondack website. COUNCILMAN FERONE (WARD III) • Nothing to Report COUNCILMAN ATHERDEN (WARD II) • I went snorkeling for the first time. I went into Lake George at the request of the Assembly Point Water Coalition. There are algae blooms everywhere. We went into two different bays. I am really glad that I went. I am going to go again. They are also on the outside of the intake pipes. It is very interesting very enlightening. REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 168 • Sunday, August 26, 2018 American Association of University Women-Adirondack Branch to celebrate Women's Equality Day. A parade from 10:00-11:00 a.m., on Glen Street, City of Glens Falls. COUNCILMAN METIVIER (WARD I) • Spoke regarding people dumping garbage at the side of the road. If you see someone doing this, please take a license number and report it to the Sheriff. • Warren County will be paving Sunnyside Road and East Sunnyside next year. • Spoke regarding the Department of Labor win for the Town, Applauded everyone for making this happen. SUPERVISOR STROUGH • Acknowledged winners of the Beautification Awards for 2018. • Brad and Beth Bidwell biologists they give tours working with Parks and Recreation explaining the birds, flora and fauna and the nature trails. • Town Supervisor Report to Town Board and Community. • Thanked Look TV and sponsors STORETECH. RESOLUTION ADJOURING REGULAR TOWN BOARD MEETING RESOLUTION NO. 319,2018 INTRODUCED BY: Mrs .Catherine Atherden WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 20th day of August, 2018 by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT:None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O'BRIEN, DEPUTY TOWN CLERK II REGULAR TOWN BOARD MEETING, 08-20-2018, MTG #33 169