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2018-12-03 MTG#44 REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 332 REGULAR TOWN BOARD MEETING MTG#44 DECEMBER 3, 2018 RES#426-439 7:01P.M. B.H. 39-41 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN OFFICIALS DAVE DUELL, HIGHWAY SUPERINTENDENT TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS POST STAR, LOOK TV SUPERVISOR STROUGH-Called meeting to order. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 426, 2018 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns and enters into the Queensbury Board of Health. Duly adopted this 3rd, day of December, 2018 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF MARY MCCOSLIN PUBLICATION DATE: November 23, 2018 AGENT TOM KUBRICKY AND MARY MCCOSLIN PRESENT Town Board Members reviewed application with Agent and Applicant before opening public hearing. SUPERVISOR STROUGH-Is there any member of the public that wishes to speak to this sewage disposal variance application before us tonight? PUBLIC HEARING OPENED No comment SUPERVISOR STROUGH-What is the will of the Board? COUNCILMAN FERONE-I think you pointed out earlier John. Normally this number of variances would be of concern. I think it is definitely an improvement. I have to applaud the applicant that she is trying to do the right thing. I think it is something we should approve. SUPERVISOR STROUGH-Okay. Are you going to make that in a form of a motion? DEPUTY CLERK O'BRIEN-You just need to close the public hearing. REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 333 SUPERVISOR STROUGH-I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES FOR MARY MCCOSLIN RESOLUTION NO.: BOH 39,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Mary McCoslin (Applicant) applied to the Local Board of Health for variances from Chapter 136,§136-11 which requires applicants to obtain a variance for a holding tank,as the Applicant wishes to install a holding tank system consisting of three(3)holding tanks each with a capacity of 1,250 gallons,thus meeting/exceeding the required total capacity of 3,000 gallons, and WHEREAS,the Applicant also applied for additional variances from Chapter 136 to allow placement of such holding tanks as follows: I. Tank A will be 3' from the property line in lieu of the required 10' setback; 2. Tank A will be 6' from the house in lieu of the required 10' setback; 3. Tank B will be 3' from the property line in lieu of the required 10' setback; 4. Tank B will be I' from the road in lieu of the required 10' setback; 5. Tank B will be 4' from the house in lieu of the required 10' setback; 6. Tank C will be 3' from the property line in lieu of the required 10' setback; 7. Tank C will be I' from the road in lieu of the required 10' setback; and 8. Tank C will be 4' from the house in lieu of the required 10' setback; on property located at 65 Rockhurst Road 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 conducted a public hearing concerning the variance requests on Monday,December Yd,2018, and WHEREAS,the Town Clerk's Office 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 variances, it is felt that the variances 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 variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 334 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Mary McCoslin for variances from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of three(3)holding tanks each with a capacity of 1,250 gallons,thus meeting/exceeding the required total capacity of 3,000 gallons, with placement of such holding tanks to be located:Tank A will be 3' from the property line in lieu of the required 10' setback; I. Tank A will be 6' from the house in lieu of the required 10' setback; 2. Tank B will be 3' from the property line in lieu of the required 10' setback; 3. Tank B will be 1' from the road in lieu of the required 10' setback; 4. Tank B will be 4' from the house in lieu of the required 10' setback; 5. Tank C will be 3' from the property line in lieu of the required 10' setback; 6. Tank C will be 1' from the road in lieu of the required 10' setback; and 7. Tank C will be 4' from the house in lieu of the required 10' setback; on property located at 65 Rockhurst Road in the Town of Queensbury,bearing Tax Map No.:227.13-2-30,and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED,that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this Yd day of December,2018,by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF KRIS ROGLIERI RESOLUTION NO.: BOH 40,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Jennifer Switzer WHEREAS, the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Kris Roglieri has applied to the Local Board of Health for a variance from Chapter 136, �136-11 which requires applicants to obtain a variance for holding tanks,as Mr.Roglieri wishes to maintain an REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 335 existing 500 gallon holding tank on an accessory structure/garage rather than expand to a required 2,000 gallon holding tank on property located at 40 North Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, December 17d', 2018 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Kris Roglieri's sewage disposal variance application concerning property located at 40 North Road in the Town of Queensbury and bearing Tax Map No.: 302.7-1-37 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 3rd day of December,2018,by the following vote: AYES : Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden NOES : None ABSENT:None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.BOH 41,2018 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 enters back into the Town Board of the Town of Queensbury. Duly adopted this 3rd, day of December,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT—3 MINUTES) RON BALL, QUEENSBURY-Spoke to the Board regarding Resolution Granting Supplemental Right-of-Way and Easement to Deborah Richards and Stephen Richards. 3.0 RESOLUTIONS RESOLUTION REAPPOINTING GREG HEWLETT TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO.429,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 336 WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, the term of Recreation Commission member Greg Hewlett will expire as of December 31s`,2018 and Mr.Hewlett wishes to be reappointed to the Commission, and WHEREAS,the Town Board wishes to reappoint Mr.Hewlett to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints Greg Hewlett to the Town of Queensbury Recreation Commission with his term to expire as of December 31s`,2025. Duly adopted this 3rd day of December,2018,by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION AUTHORIZING 2019 AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY LAND CONSERVANCY, INC. RESOLUTION NO.430,2018 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 Queensbury Land Conservancy for the year 2019 for the purpose of helping to preserve open space in the Town of Queensbury, 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 the Queensbury Land Conservancy for the year 2019 substantially in the form presented at this meeting with funding for the Agreement not exceeding the sum of $25,000 and authorizes and directs the Town Supervisor to execute the Agreement with funding to be paid for from the appropriate Town account. Duly adopted this 3rd day of December,2018,by the following vote: AYES :Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2018 TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 "FIRE PREVENTION AND BUILDING CONSTRUCTION" TO INCORPORATE AND REFERENCE NEW DEPARTMENT OF STATE REGULATIONS AFFECTING PARKING GARAGES RESOLUTION NO.431,2018 REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 337 INTRODUCED BY: Mr.George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2018 to amend Queensbury Town Code Chapter 88 "Fire Prevention and Building Construction," to incorporate and reference new New York State Department of State regulations affecting parking garages, and WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, WHEREAS, the Town Board therefore wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York at 7:00 p.m. on Monday, December 17d', 2018 to consider proposed Local Law No.: of 2018 in substantially the form presented at this meeting and to hear all interested persons,and at that time may take any other actions authorized by law concerning proposed Local Law No.: of 2018, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public Hearing. Duly adopted this Yd day of December,2018,by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION GRANTING SUPPLEMENTAL RIGHT-OF-WAY AND EASEMENT TO DEBORAH RICHARDS AND STEPHEN RICHARDS RESOLUTION NO.: 432,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Deborah Richards and Stephen Richards have requested that the Town of Queensbury, on behalf of the Queensbury Consolidated Water District, grant a Supplemental Right-of-Way and Easement to Easement 9P-35, a permanent Right-of-Way and Easement for the benefit of the Water District, regarding the Richards'property located at 65 Hicks Road, Tax Map No.:297.7-1-26, and REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 338 WHEREAS, the Town Board has considered such proposed Supplemental Right-of-Way and Easement and wishes to grant it on behalf of the Town Board and Town Water Department as it will not have an impact, effect or precedential influence on any proceeding by Town Code Enforcement,the Town Planning Board or the Town Zoning Board of Appeals, and contingent upon Deborah Richards and Stephen Richards paying all Town legal fees prior to execution and delivery of the Supplemental Right-of-Way and Easement and paying all recording costs, and WHEREAS, the proposed Supplemental Right-of-Way and Easement has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury hereby grants and authorizes the Supplemental Right-of- Way and Easement substantially in the form presented at this meeting to Easement 9P-35, a permanent Right- of-Way and Easement for the benefit of the Queensbury Consolidated Water District,to Deborah Richards and Stephen Richards regarding property located at 65 Hicks Road, Tax Map No.: 297.7-1-26, contingent upon Deborah Richards and Stephen Richards paying all Town legal fees prior to execution and delivery of the Supplemental Right-of-Way and Easement and paying all recording costs, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to execute such Supplemental Right-of-Way and Easement, TP-584 Form and/or any other necessary documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Water Superintendent and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December,2018 by the following vote: AYES :Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT: None RESOLUTION AUTHORIZING ROTARY 5K ROAD RACE/WALK RESOLUTION NO.433,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Rotary Club of Glens Falls Foundation, Inc., has requested authorization from the Queensbury Town Board to conduct its annual 5k road race/walk to benefit the Conkling Center and Prospect Center as follows: SPONSOR The Rotary Club of Glens Falls Foundation, Inc. EVENT: 5k Road Race/Walk REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 339 DATE Saturday, April 13'h,2019 TIME Approximately 10:00 a.m. PLACE: Beginning and ending at SUNY Adirondack (Copy of course attached); NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proof of insurance from the Rotary Club of Glens Falls Foundation, Inc., to conduct a 5k Road Race/Walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Rotary Club of Glens Falls Foundation, Inc., to conduct a 5k Road Race/Walk within the Town of Queensbury on Saturday, April 13"',2019, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this Yd day of December,2018,by the following vote: AYES :Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION AUTHORIZING HIRING OF JEREMY BARNES AND PHIL MARNS AS FULL-TIME MOTOR EQUIPMENT OPERATORS FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 434,2018 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 Jeremy Barnes and Phil Marns, REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 340 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Jeremy Barnes and Phil Marns as full-time Motor Equipment Operators (MEO) in the Town's Highway Department effective on or about December 4d', 2018 subject to Mr. Barnes and Mr. Marn'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. Barnes and Mr. Marns 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, 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 Yd day of December,2018 by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION AUTHORIZING RELEASE OF LETTER OF CREDIT AND ESCROW FUNDS TO CERRONE BUILDERS, INC. IN CONNECTION WITH DEDICATION OF DEVIN COURT IN THE VILLAGE AT SWEET ROAD SUBDIVISION RESOLUTION NO.: 435,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 194,2015 the Queensbury Town Board authorized the dedication of Devin Court in The Village at Sweet Road Subdivision, and WHEREAS, at the time of dedication the Developer, Cerrone Builders, Inc., provided the Town with: 1) a $40,567 Letter of Credit with Trustco Bank to ensure placement of the top coat on Devin Court;and 2)$3,100 cash escrow for the Town to hold for two(2)years to ensure maintenance of stormwater facilities, such sum to be held in escrow in accordance with the terms of an Escrow REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 341 Agreement, and WHEREAS,as required by the Escrow Agreement,the Town deposited the funds in an interest bearing account, and WHEREAS, the Highway Superintendent has advised the Town Board that Devin Court has been completed to his satisfaction and the stormwater facilities have been maintained and therefore,he has requested that the Town Board authorize the release of the Letter of Credit as well as the monies held by the Town in escrow, and WHEREAS, the Town Board wishes to therefore authorize the release of the Letter of Credit and the refund of funds currently held in escrow to Cerrone Builders,Inc., as required by the Escrow Agreement, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the release of the Letter of Credit to Cerrone Builders, Inc., in connection with the dedication of Devin Court in The Village at Sweet Road Subdivision as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to arrange for the return of escrow funds to Cerrone Builders, Inc., which sum shall be the amount of$3,100 plus any earned interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Town Highway Superintendent to provide a certified copy of this Resolution to: Cerrone Builders,Inc., 1589 Route 9, South Glens Falls,New York 12828, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Highway Superintendent and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of December,2018,by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION AUTHORIZING TRANSFER OF TROY BAPP FROM MOTOR EQUIPMENT OPERATOR(MEO) TO LABORER IN HIGHWAY DEPARTMENT RESOLUTION NO.436,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 342 WHEREAS, the Town Highway Superintendent has advised the Town Board that there is a vacant, full-time Laborer position in the Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement between the Town and CSEA,the Highway Superintendent posted the vacant Laborer position within the Town, and WHEREAS, Troy Bapp has applied for a transfer from his current MEO position in the Highway Department to the vacant Laborer position and Mr. Bapp meets the requirements for the position and is the most qualified applicant from the Town who desired a transfer, and as such, the Highway Superintendent has requested Town Board authorization to transfer Mr. Bapp accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of Troy Bapp from his current MEO position to the vacant Laborer position in the Highway Department effective on or about December 4b, 2018 subject to a ninety (90) day probationary period and any applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that Mr. Bapp shall be paid at the rate of pay specified for such Laborer position in the Collective Bargaining Agreement between the Town and CSEA, and BE IT FURTHER, 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 3rd day of December,2018 by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT:None RESOLUTION CALLING UPON THE STATE LEGISLATURE TO ENACT LEGISLATION AUTHORIZING THE TOWN OF QUEENSBURY TO DIMINISH THE GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT IN THE TOWN OF QUEENSBURY BY REMOVING CERTAIN PARCELS PURSUANT TO TOWN LAW §202-C REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 343 RESOLUTION NO.: 437, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, on October 3, 2011, the Queensbury Town Board duly adopted Final Order No.: 305,2011 establishing the Glen Lake Aquatic Plant Growth Control District (the "District") in the Town of Queensbury,County of Warren and State of New York;said District being established in accordance with Article 12-A of Town Law, and WHEREAS, in accordance with such Order, a certified copy of such Order has or will be recorded in the Warren County Clerk's Office and a certified copy of such Order has been filed with the State Department of Audit and Control, and WHEREAS, in accordance with the Map, Plan and Report of the Glen Lake Aquatic Plant Growth Control District it was the intention to only include lakefront and non-lakefront lake access parcels that will benefit from improved water quality of the lake and management of invasive species in Glen Lake, and WHEREAS,the Glen Lake Advisory Board has requested that the Town Board diminish the boundaries of the Glen Lake Aquatic Plant Growth Control District in order to remove certain parcels that do not have access to the lake and that,therefore, do not benefit from the improved water quality of the lake management of invasive species, and WHEREAS, the Town has reviewed Town Law §202-c and, more specifically §202-c(2), regarding the "[d]issolution and diminishing area of certain districts" and has determined that in order to diminish the Glen Lake Aquatic Plant Growth Control District by removing certain parcels, the Town must seek special legislation in order to do so since the Town, on its own motion, does not possess the legal authority to do so, and WHEREAS, the owners of the following parcels of real property included in the Glen Lake Aquatic Plant Growth Control District are not benefited by easements or rights of way to the shores of Glen Lake and thus are not impacted by milfoil and other non-native, invasive aquatic REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 344 plant species in Glen Lake do not benefit from the improved water quality of the lake management of invasive species: Glen Lake 10� mm� - � Proposed Aquatic Plant Managment District Updates ^' ggg 'Her a,sd r—the G are proposed to PI-t M vetl from tha Glen Lek.AqueGc Plant Managemen[Qslr ct ow � w � � _ wuawwwww 0 6.a "s. ®Feet - pm of uuamwu� aaaaaaiaa ssa M-e Map Flt M >M IM. Q i L:289.11-1-19 Qvnar:KaNken Gaven � i Glon Lake ,^yi uaar�® ism %,��/J� SBL:289.61-f�� wui immn Qvner Mary Sicard � uw mmmmmvu 1 irM Map SBL.29361-1].3 Owner.hbry Sicard � Il n...uaiiiiiii mn mimnrvaxnmwvwumimiwm �� � GwnereNBrys�card �� '��� 5� ; 1 aL:26&6-1d6 Gwn-chase:ska EXPLANATION: See next pages. Parcels 1 through 4 were the result of a subdivision creation that occurred after the formation of the District. None of the four above parcels are shoreside. None of the above four parcels have lake access rights. 61 L k Pmp tlAq ala Pl IM a tnistlnct llptlatss )/ S dP R— FJ l� jd� i�Ill y(� o a�no aoo Feet ? S8L:289.6-1-97.4 Owner:Mary Sicard SBL:289.6-1.17.3 Owner:Mary Sicard �9 i P� V Ill) �Yn"SIG � i 7 f0 qr i SBL:289.G-l-i7.2 � i Owner:Mary Sicard SBL:289.6-1-36 iV Owner:Charles Sicard Parcel 5 (the "island") is not developable. Described as "swampy, boggy and not even walkable". Parcel 1: 31 Glen Lake Rd Tax Map Parcel No.: 289.6-1-17.2, 31 Louise Lane, 1 acre. REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 345 Town of Queensbury, County of Warren, State of New York. Special District Tax Paid 2017 (est.): $130.00 More particularly described in a deed from Mary L. Sicard and Linda L. Sicard to Mary L. Sicard dated February 26, 2015 and recorded in the Warren County Clerk's Office on February 27, 2015 in Book 5119 of deeds at Page 77. Lot 12. Tax Parcel 289.6-1-17.2. All that certain piece or parcel of land situate lying and being in the Town of Queensbury, County of Warren and State of New York, referenced as Lot 12 in a subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerk's Office on June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as follows: Beginning at a point on the northerly bounds of lot 10 at the southeasterly corner of lot 11, thence running the following two courses and distances along the easterly then northerly bounds of lot 11; North 5 degrees 54 minutes 15 seconds East 104.80 feet, thence running North 86 degrees 2 minutes 45 seconds West 108.00 feet to a point in the easterly bounds of Glen Lake Road, thence running, along the easterly bounds of Glen Lake Road; North 6 degrees 28 minutes 36 seconds East 94.08 feet to the southwesterly corner of lot 13, thence running, along the southerly bounds of lot 13 South 86 degrees 58 minutes 15 seconds East 189.48 feet to a point being the southeast corner of lot 13 and a southwesterly corner of lot 3,thence running the following three courses along the southerly bounds of lot 3;South 86 degrees 58 minutes 15 seconds East 124.58 feet,then South 51 degrees 57 minutes 12 seconds East 63.98 feet, then South 14 degrees 25 minutes 47 seconds West 26.62 feet to a point being the northwesterly corner of lot 4, thence running, along the westerly bounds of lot 4; South 14 degrees 25 minutes 47 seconds West 60.06 feet to a point on the northerly bounds of lot 10, thence running, along the northerly bounds of lot 10 the following 4 courses and distances; North 50 degrees 14 minutes 46 seconds West 103.93 feet, then North 87 degrees 9 minutes 19 seconds West 39.28 feet,then South 13 degrees 42 minutes 18 seconds west 144.82 feet, then North 86 degrees 2 minutes 45 seconds West 102.86 feet to the point or place of beginning. Said parcel of land to contain 1.003 acres of land more or less. Special District Tax Paid 2017 (est.): $130.00 Parcel 2 Tax Map Parcel No.: 289.6-1-17.3, Glen Lake Road, 1.01 acre. Town of Queensbury, County of Warren, State of New York Special District Tax Paid 2017 (est.): $130.00 More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk's Office on October 18, 1990 in Book 806 of Deeds at Page 189. Lot 13. Tax Parcel 289.6-1-17.3. All that certain piece or parcel of land situate lying and being in the Town of Queensbury, County of Warren and State of New York, referenced as Lot 13 in a subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerk's Office on June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as follows: Beginning at a point on the easterly bounds of Glen Lake Road at the northwesterly corner of lot 12, thence running, along the easterly bounds of Glen Lake Road; North 6 degrees 28 minutes 36 seconds East 242.67 feet the point where the easterly bounds of Glen Lake Road and the southerly bounds of Nacy Road intersect,said point being the northwesterly REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 346 corner of the lot herein described, thence running, along the southerly bounds of Nacy Road; South 86 degrees 58 minutes 15 seconds East 174.89 feet to the northwesterly corner of lot 3, thence running, along the westerly bounds of lot 3; South 3 degrees 1 minute 45 seconds West 242.24 feet to a point on the northerly bounds of lot 12, thence running, along the northerly bounds of lot 12; North 86 degrees 58 minutes 15 seconds West 189.48 feet to the point or place of beginning. Said parcel of land to contain 1.013 acres of land more or less. Parcel 3 Tax Map Parcel No.: 289.6-1-17.4, Nacy Road, .05 acre. Town of Queensbury, County of Warren, State of New York Special District Tax Paid 2017 (est.): $130.00 More particularly described in a deed from Charles O. Sicard to Charles O. Sicard and Mary Sicard dated September 28, 1990 and recorded in the Warren County Clerk's Office on October 18, 1990 in Book 806 of Deeds at Page 189. Lot 10. Tax Parcel 289.6-1-17.4. All that certain piece or parcel of land situate lying and being in the Town of Queensbury, County of Warren and State of New York, referenced as Lot 10 in a subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerks Office on June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as follows: Beginning, at a point in the northerly bounds of Nacy Road where the same intersects with the easterly bounds of Glen Lake Road, thence running, along the easterly bounds of Glen Lake Road; North 6 degrees, 28 minutes and 36 seconds East 6.05 feet to the southwest corner of lands now or formerly of Godnick, thence running, along the southerly bounds of Godnick; South 86 degrees 58 minutes 15 seconds East 378.01 feet to a point in the northerly bounds of Nacy Road,thence running the following two courses and distances, along the northerly bounds of Nacy Road; South 24 degrees 38 minutes and 45 seconds 6.49 feet, then North 86 degrees, 58 minutes 15 seconds West 375.98 feet to the point or place of beginning. Said parcel of land to contain 0.052 acres of land more or less. Parcel 4 Tax Map Parcel No.: 289.6-1-36. 30 Louise Lane. 0.19 acre. Town of Queensbury, County of Warren, State of New York Special District Tax Paid 2017 (est.): $130.00 More particularly described in a deed from Charles O. Sicard to Charles L. Sicard dated December 21, 1993 and recorded in the Warren County Clerk's Office on January 04, 1994 in Book 904 of Deeds at Page 309. Lot 5.Tax Parcel 289.6-1-36.All that certain piece or parcel of land situate lying and being in the Town of Queensbury, County of Warren and State of New York, referenced as Lot 5 in a subdivision of land shown on a map entitled; "Residential Subdivision Sicard Properties" as prepared by W. J. Rourke and dated March 2014 and filed in the Warren County Clerk's Office on June 13, 2014 at Plat Cabinet C, Slide 358 and being more particularly bound and described as follows: Beginning at a point on the northerly bounds of lot 10 and the southerly bounds of lot 4 of the above referenced subdivision at the southwest corner of the parcel herein being described, thence running the following three courses and distances along the southerly bounds of lot 4; North 10 degrees 41 minutes 45 seconds East 74.08 feet, then South 82 degrees 21 minutes 19 seconds East 120.81 feet, then South 21 degrees 26 minutes 15 REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 347 seconds West 26.10 feet to a point on the northerly bounds of said lot 10,thence running the following two courses and distances along the northerly bounds of lot 10; South 21 degrees 26 minutes 15 seconds West 44.87 feet, then North 85 degrees 2 minutes 15 seconds West 107.95 feet to the point or place of beginning. Said parcel of land to contain 0.187 acres of land more or less. EXPLANATION: The below parcel is not developable. Described as "swampy, boggy and not even walkable". Parcel 5 Tax Map Parcel No.: 289.17-1-19, Island in Glen Lake Lk, 0.6 acres. Town of Queensbury, County of Warren, State of New York Special District Tax Paid 2017 (est.): $130.00 More particularly described in a deed from Capt. Michael F. Miller to Kathleen A. Gowen dated May 15, 2012 and recorded in the Warren County Clerk's Office on June 8, 2012 in Book 4506 of Deeds at Page 316. "All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Queensbury,County of Warren,State ofNew York, designated on the tax map of said Town as Section 40,Block 1,Lot 2,being.53 acres more or less." Being the same premises conveyed by Henry S.Cummings to Capt.Michael F. Miller,by deed dated June 25, 1995,and recorded in the Warren County Clerk's Office on July 10, 1995,in Book 951 of Deeds at page 228. propoavd pquatc Pl nt Managmenl b¢tnat llptlama II//� � I er rvvoe aio 4'Y ' nor e n-ne Y 1 I ' GJ G{AA 'caC 90o aco rr -�F- SBL:289,17-1-19 Owner:Kathleen Gowen 1� REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 348 fr A�r�. lIl + I Id lrr9,J l rr �dv✓�'r��%�ilr �u��s r � ���� r q �r ri Ci %� /' / I r J Hr I�n r r � w. r r tr H r r rr`f r r r �rrm�m r r ' ��`nf �ri�,l�j'�r "�p'�✓�+� � �1`'�r"� r�rro/�,s�ev V���/ /k���7�'��'���ivr�f� I r�r /n�rfr r ��f 1 iiir i w d% drr, r s, . pr fi r r�� F;u y d �y �r � �,�n�,ri iW�� ✓AN,r �' �rii�%//�j r 1 i r, and WHEREAS, it is the understanding of the Town that it does not have the authority to remove Parcel 1, Parcel 2, Parcel 3, Parcel 4 or Parcel 5, as described herein, from the Glen Lake Aquatic Plant Growth Control District pursuant to Article 12-A of the Town Law, without special legislation from the State, and REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 349 WHEREAS, there is no indebtedness, outstanding or unpaid, affecting the Glen Lake Aquatic Plant Growth Control District, NOW, THEREFORE, BE IT RESOLVED,THAT: Section 1. The Town hereby requests the State Legislature of the State of New York to enact a statutory provision authorizing the Town of Queensbury to remove Parcel 1, Parcel 2, Parcel 3, Parcel 4, and Parcel 5, as more specifically described herein,from the Glen Lake Aquatic Plant Growth Control District since the parcels of real property are not benefitted from the inclusion in the District and are not under or bordered by Glen Lake or benefited by easements or rights of way to the shores of Glen Lake in the Town of Queensbury,and thus are not impacted by milfoil and other non-native, invasive aquatic plant species in Glen Lake and,therefore, do not benefit from the improved water quality of the lake management of invasive species. Section 2. The Town hereby calls upon the Governor of the State of New York, the New York Senate Majority Leader,the New York State Assembly Speaker and the members of the State Senate and State Assembly to take all necessary actions to adopt the foregoing. Section 3. The Town Board hereby authorizes the Town Clerk to deliver a certified copy of this Resolution to any and all necessary persons in the New York State Senate and New York State Assembly. Section 4. This Resolution shall take effect immediately. Duly adopted this 3rd day of December, 2018, by the following vote: AYES Mrs.Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF DECEMBER 4TH, 2018 RESOLUTION NO.: 438,2018 INTRODUCED BY: Mr.George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of November 29d',2018 and a payment date of December 4d',2018, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 350 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of November 29d',2018 and apayment date of December 4d',2018 totaling $1,870,093.48, 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 3rd day of December,2018,by the following vote: AYES : Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES : None ABSENT : None 4.0 CORRESPONDENCE NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT 4 MINUTES) RON BALL, QUEENSBURY-Spoke to the Board regarding Verizon building a Cell Tower five years ago on Queensbury property. Spoke regarding the five hundred feet of lineal drainage that collects into a storm water pipe that discharges on to his property. HIGHWAY SUPERINTENDENT, DAVE DUELL-Spoke to the Board regarding the article in the Post Star regarding Washington County DPW replacement program for their fleet of trucks. Recommended to the Town Board that the Town of Queensbury implement a program like this. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN TONY METIVIER(WARD I) • Spoke regarding his trip to Ireland noted it reminds him of some of the land in Washington County. The one thing I noticed is how kind the people are. If there is, one thing I could ask for this Christmas is just be kind to each other at least for the next few weeks. • Thanked everyone who supported and voted for his wife Jamie Metivier who won the one hundred thousand dollar Grant from Farmers Insurance for the Kindness Closet for the entire South Glens Falls School. COUNCILMAN CATHERINE ATHERDEN(WARD II) • Clean Energy Committee final solarization count is forty-six, twenty-eight in Queensbury. The Solarization Campaign is now complete. We will be meeting on December 12, 2018 to decide what we will be doing next. • The next film for In the Public Interest, which is a collaboration between Crandall Library and Tri County New York Transition Buthan the Height of Happiness. To be held on December 19, 2018 at 6:30 p.m. • Glens Falls Give Back Organization you can find out about it on glensfallsgiveback.org. COUNCILMAN FERONE(WARD III) • I have received a lot phone calls and emails from residents in Town that all have the same theme regarding traffic and speed. When you are driving around Town, think about the speed. Think about what roads you are on and drive with caution particularly around the Holidays. COUNCILWOMAN SWITZER(WARD IV) • Warren Hamilton County Community Action. This is a reminder. This organization is out there.They have incredible programs. From weatherization assistance to emergency crisis services to transportation for seniors. They are located in Glens Falls at 190 Maple Street. They are opened 8:00 a.m.to 5:30 p.m. You can reach them by phone at 518-793-0636. REGULAR TOWN BOARD MEETING, 12-03-2018, MTG#44 351 SUPERVISOR STROUGH • Town of Queensbury Tree Lighting to be held on December 7,2018 at 6:00 p.m. • Congratulated the Glens Falls Football Team on winning the New York State Class B Championship. • Presentation regarding the Pathway Corridors Route 9 from 149 down to Sweet Road to be held December 13,2018 at 6:00 p.m. Open House at 4:30 p.m. • Spoke regarding trash disposal. The recyclables the market is not there. We need to look at this. The State needs to help us address this. • Congratulated Jamie Metivier on winning the Farmers Insurance Grant for the Kindness Closet • Quoted words of wisdom from President Theodore Roosevelt • Supervisor's Report to Town Board and Community • Moment of Silence for George Herbert Walker Bush 41'President of the United States • Thanked Look TV and sponsor StoredTech RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 439,2018 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this Yd day of December,2018,by the following vote: AYES: Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier Mrs. Atherden NOES: None ABSENT:None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY DEPUTY TOWN CLERK 11