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01-28-2019 MTG#3 REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 422 REGULAR TOWN BOARD MEETING MTG#3 JANUARY 28. 2019 RES#24-40 7:00 P.M. B.H. 1-3 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS SUPERINTENDENT OF HIGHWAY, DAVE DUELL SUPERINTENDENT OF CEMETERY, CONNIE GOEDERT PRESS LOOK TV, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN SWITZER SUPERVISOR STROUGH-Called meeting to order. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 24, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 28 day of January, 2019 by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT:None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF THOMAS KUBRICKY RESOLUTION NO.: BOH 1, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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 REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 423 WHEREAS, Thomas Kubricky (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires an applicant to obtain a variance for a holding tank system, as the Applicant wishes to replace his wastewater system by installing 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 2,000 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of such holding tanks as follows: 1. Tank A to be 3’ from the house in lieu of the required 10’ setback; 2. Tank A to be 3’ from the road in lieu of the required 10’ setback; 3. Tank B to be 3’ from the house in lieu of the required 10’ setback; 4. Tank B to be 3’ from the road in lieu of the required 10’ setback; 5. Tank C to be 3’ from the house in lieu of the required 10’ setback; 6. Tank C to be 3’ from the road in lieu of the required 10’ setback; and 7. The tanks will be 55’ from the Lake in lieu of the required 100’ setback; on property located at 53 Rockhurst 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 th on Monday, February 11, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Thomas Kubricky’s sewage disposal variance application concerning property located at 53 Rockhurst Road in the Town of Queensbury and bearing Tax Map No.: 227.13- 2-24 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. th Duly adopted this 28 day of January, 2019, 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 MAUREEN SMITH RESOLUTION NO.: BOH 2, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 424 SECONDED BY: Mrs. Catherine Atherden WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Maureen Smith (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a replacement sewage disposal system with the leaching system to be placed: 1. 65’8” from Lake Sunnyside in lieu of the required 100’ setback; 2. 59’0” from the adjoining well in lieu of the required 100’ setback; 3. 68’6” from the adjoining well in lieu of the required 100’ setback; 4. 2’4” from the property line in lieu of the required 10’ setback; and 5. 1’10” from the property line in lieu of the required 10’ setback; on property located at 110 Sunnyside North in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury’s Local Board of Health will hold a public hearing th on Monday, February 11, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Maureen Smith’s sewage disposal variance application concerning property located at 110 Sunnyside North, Queensbury (Tax Map No.: 279.17-2-16) 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’ of the applicant’s property as required by law. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES : None ABSENT: None REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 425 RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION BOH 3, 2019 INTRDOUCED 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 from the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 28 day of January, 2019, by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT:None 2.0 PUBLIC HEARINGS PUBLIC HEARING – 2019 EMERGENCY AMBULANCE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. PUBLICATION DATE: JANUARY 11, 2019 SUPERVISOR STROUGH-I will open the public hearing on Bay Ridge. Anybody like to speak to the proposed contract between the Town and Bay Ridge Rescue Squad for their services for 2019. Seeing none, I will close the public hearing PUBLIC HEARING OPENED NO COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING YEAR 2019 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 25, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town’s Agreements with its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc. expired as of December 31, 2018, and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 426 WHEREAS, in such Agreements the Town and Emergency/Rescue Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and WHEREAS, the Town and the Bay Ridge Rescue Squad, Inc., have negotiated terms for a new one (1) year Agreement for general emergency ambulance services (Agreement), and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on th Monday, January 28, 2019 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2019 Emergency Ambulance Services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None PUBLIC HEARING – 2019 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. PUBLICATION DATE: JANUARY 11, 2019 SUPERVISOR STROUGH-Is there anybody from the public that would like to speak to this proposed contract? JOHN HODGKINS, TREASURER NORTH QUEENSBURY RESCUE SQUAD-Our last opportunity to talk to the Town Board was May 21, 2018 at a Town Board Meeting. That night a public hearing for the 2018 budget was heard a budget, which we were forced to accept with no Workshop discussion. By the end of the hearing it was acknowledged that the budget needs to be discussed much sooner than ten months after submitting. On July 13, 2018, North Queensbury Rescue Squad submitted our 2019-budget request and five-year capital plan as required by the contract. A three-year proposal we put in front of you. We requested a budget Workshop with the Town to discuss. July twenty six a follow-up email was sent to the Town Board Members requesting a budget Workshop. On September 7th, a third request was sent to the Town Board requesting a budget Workshop. November 5th the Town Board approved your 2019 Town Budget, including an eleven point eight percent EMS spending increase. EMS property taxes to increase eight point nine percent. November 7th, myself and Doug Wildermuth our Operations Manager met with Supervisor Strough and Barb Tierney of accounting. No Councilpersons were present. John informed us he considered our budget request only a wish list and rejected the budget outright. We requested a budget Workshop. December 11th after a lively email exchange between Supervisor Strough and myself, in which the Town Board and members of North Queensbury were copied. The Supervisor agreed to a Workshop with North Queensbury to be scheduled for last Thursday, January 24, 2019. Last Tuesday REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 427 January 22, 2019 Kirstie Baertschi our Company President inquired as the time of this plan the January 24, 2019 Workshop, which we had all made plans to attend. Supervisor Strough said no Workshop was scheduled for the twenty fourth. Given that the Workshop has been cancelled, we request that tonight’s public hearing regarding our budget be tabled until a time after the budget Workshop with the entire Board. We have items to discuss. Our last Workshop with the Town was back in 2014 at, which time we had a three-year contract 2015, 2016, and 2017. That contract was flat for those three years unchanged. Our total increase if we were going to take the budget that is offered here is only ten percent from 2015 to today. We would like to take the opportunity to table this tonight and meet with all of you so that we can discuss these budgets and our budget request. SUPERVISOR STROUGH-Thank you. Anybody else like to speak to the proposed contract with North Queensbury Rescue Squad for Emergency Services for Emergency Services for the Town of Queensbury. Seeing none, I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING YEAR 2019 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD, INC. RESOLUTION NO.: 26, 2019 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town’s Agreements with its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc. expired as of December 31, 2018, and WHEREAS, in such Agreements the Town and Emergency/Rescue Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and WHEREAS, the Town and the North Queensbury Rescue Squad, Inc., have negotiated terms for a new one (1) year Agreement for general emergency ambulance services (Agreement), and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on th Monday, January 28, 2019 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2019 Emergency Ambulance Services Agreement between the Town of Queensbury and the North Queensbury Rescue Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 428 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mrs. Atherden, Mrs. Switzer, Mr. Strough NOES : Mr. Metivier, Mr. Ferone ABSENT:None PUBLIC HEARING - 2019 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. PUBLICATION DATE: JANUARY 11, 2019 SUPERVISOR STROUGH-I will open the public hearing. Is there anyone that would like to speak to the Ambulance Services Agreement between the Town of Queensbury and West Glens Falls Emergency Squad? Seeing none, any thoughts on behalf of the Town Board? PUBLIC HEARING CLOSED RESOLUTION APPROVING YEAR 2019 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 27, 2019 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town’s Agreements with its three (3) Emergency/Rescue Squads, Bay Ridge Rescue Squad, Inc., North Queensbury Rescue Squad, Inc., and West Glens Falls Emergency Squad, Inc. expired as of December 31, 2018, and WHEREAS, in such Agreements the Town and Emergency/Rescue Squads agreed that the terms and provisions of the existing Agreements may continue during the interim period pending execution of new Agreements, and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 429 WHEREAS, the Town and the West Glens Falls Emergency Squad, Inc., have negotiated terms for a new one (1) year Agreement for general emergency ambulance services (Agreement), and WHEREAS, in accordance with Town Law §184 and General Municipal Law §209(b), on th Monday, January 28, 2019 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Year 2019 Emergency Ambulance Services Agreement between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: None PUBLIC HEARING – LOCAL LAW TO AMEND QUEENSBURY TOWN CODE CHAPTER 170 “ZONING” TO CHANGE ZONING OF PROPERTY OWNED BY KUBRICKY JOHN AND SONS, INC. FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RURAL RESIDENTIAL FIVE ACRE (RR-5) PUBLICATION DATE: JANUARY 14, 2019 SUPERVISOR STROUGH-There is a piece of property. It is a piece of property that connects the mining operations of Fort Miller Company with Ridge Road. DEC did SEQRA on this a Type I action was coordinated review with other agencies. DEC performed the SEQRA review and determined that the project would not have a significant effect on the environment. A negative declaration dated January 29, 2018 is on file in the Town. Whereas, on July 17, 2018, the Town Planning Board reviewed such Application and adopted a Resolution recommending the rezoning request as favorable. Whereas, on or about December 13, 2018, the Warren County Planning Department considered the proposal and determined that the Project would not create any significant Intermunicipal or Countrywide impacts, and Whereas, the proposed zoning revisions comply with the requirements of Section 807 of the APA Act and 9 NYCRR Part 582 of the APA regulations, and Whereas in order for the Town’s Zoning Code to maintain its status as an approved local land use plan under the Adirondack Park Agency Act and the (APA) regulations, the Town must obtain APA approval of the proposed zoning request prior to adoption, and Whereas, on or about December 13, 2018, the APA advised that it had reviewed and approved the proposal. Tonight there is a public hearing for all interested parties on this proposed rezoning. After some conversations with the REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 430 applicants and a newspaper article where some of the residents expressed concerns, I have reviewed this with the Town Board and we have a proposed resolution or condition to resolve just so the public knows because this may…some of their concerns. In reference to the change of zoning of certain properties from MDR to RR-5, such property currently owned by Kubricky John and Sons, Inc. and identified as Tax Map No. 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury as set forth in the preambles of this Resolution contingent upon the following. That the Fort Miller Company, Inc. will construct a road connecting their current mining operation to Ridge Road, using the property in question. That road will be their primary road for their mining operations and any other related traffic. That the Dream Lake Road access will be gated and closed and only be used in the case of emergencies. That the above will occur within one year of: A. Final Planning Board approval for the expansion of mining operation on either Tax Map No.: 279.-1-4-8 or 279.-1-72; or B. Prior to the commencement of any expansion on either such tax map parcel, whichever comes first. I believe that Town Counsel Schachner has an additional clause that you would like added. TOWN COUNSEL SCHACHNER-There is a condition that you also might want to consider which we will recommend. I also have a question about the proposed condition you just read. The condition that we recommend you add is that the applicant’s written consent to the rezoning and the above conditions shall be received and filed in the Town Clerk’s Office within X number of days of adoption of this Resolution. Pick your X if you want to go with that condition something small. SUPERVISOR STROUGH-The basic addition if it is acceptable to the Town Board after they listen to the public’s concerns. That the applicant must submit their approval of this written condition in a written way and submit that to the Town. TOWN COUNSEL, SCHACHNER-Correct. That is our proposed condition. We have a question about the proposed fourth condition. The question is when it says within one year of. We understand within one year of final Planning Board approval for expansion. We don’t understand if B is supposed to be within one year of before commencement of any expansion not requiring Planning Board approval or simply before commencement of any expansion not requiring Planning Board approval. In other words does one-year factor into proposed Sub-B. SUPERVISOR STROUGH-I think the ….intent of B and I am speaking for Bob Hafner and Craig Brown who cooperated on adding that. It was that this road would be built and in use, before they expanded any further than what they are. TOWN COUNSEL, SCHACHNER-Right. Not one-year before. The one-year does not apply to Sub-B. I am suggesting that if you slightly tweak so that four would say. The above will occur this is the proposed addition number four as tweek. That the above will occur within one-year of final Planning Board approval for the expansion of the mining operation on either tax map blah, blah, blah. Or prior to commencement of any expansion not requiring Planning Board approval on either such tax map number. So that the one-year is only involved in Sub-A of the condition not Sub-B. Does that make sense? TOWN BOARD-Yes. SUPERVISOR STROUGH-Basically in terms of B are you scratching B. TOWN COUNSEL, SCHACHNER-No, sir. COUNCILMAN METIVIER-No. Your bullet point is going to include A that the above will occur within one year on A. You are going to move the above will occur within one-year down to A. B, would be prior to commencement has nothing to do with one-year. TOWN COUNSEL, SCHACHNER-Precisely. COUNCILWOMAN ATHERDEN-We will not have an A and a B. REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 431 COUNCILMAN METIVIER-You have an A and a B, but you are includes within one year where B does not. TOWN COUNSEL, SCHACHNER-Exactly. COUNCILWOMAN SWITZER-There would be a colon after within. One-year of would be moved down to A. COUNCILMAN METIVIER-Yes. That’s good. TOWN COUNSEL, SCHACHNER-A colon after? COUNCILWOMAN SWITZER-After within. TOWN COUNSEL, SCHACHNER-Actually after occur. COUNCILWOMAN SWITZER-After occur right. TOWN COUNSEL, SCHACHNER-You may or may not have noticed, but I also suggested adding four words in B after the word expansion. Those five words, sorry are not requiring Planning Board approval. SUPERVISOR STROUGH-Any thoughts before I open it to the public? I will open the public hearing on this is there anyone that would like to speak on this? TOWN COUNSEL, SCHACHNER-John just to finalize. If you are going to consider those conditions, we will also recommend that the Resolution be modified with a further resolve incorporating those conditions. SUPERVISOR STROUGH-Okay. TOWN COUNSEL, SCHACHNER-Which would say, Be It Further Resolved, that furtherance of protection of and benefit to the public, such zoning amendment shall be subject to the following five conditions. SUPERVISOR STROUGH-Let me go through this one more time. Everyone knows what piece of property we are talking about, right? One, you put it in numerical status let, me see if I understand. 1. The Fort Miller Company, Inc. will construct a road connecting their current mining operation and Ridge Road, using the property in question. 2. That road will be the primary road for their mining operations and any other related traffic. 3. That the Dream Lake Road access shall be gated. It already is and closed and only be used in the case of emergencies. 4. That the above will occur within one year of the final Planning Board approval for the expansion of the mining operation on either tax map numbers. 5. That the above will occur prior to the commencement of any expansion on any such tax map property is that correct. COUNCILWOMAN SWITZER-No that is different. TOWN COUNSEL, SCHACHNER-We had four, A and B. SUPERVISOR STROUGH-You mentioned five. TOWN COUNSEL, SCHACHNER-Five comes into the rezoning and the above condition shall be filed in the Town Clerk’s Office with blank number of days of adoption of this Resolution. SUPERVISOR STROUGH-So, four, B will read. Let me start with four. That the above will occur: B. Prior to the commencement of any expansion not requiring Planning Board approval on either such tax map , whichever comes first. Do we need whichever comes first? REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 432 TOWN COUNSEL, SCHACHNER-Actually prior to commencement of any expansion not requiring Planning Board approval on either such tax map parcel. COUNCILWOMAN SWITZER-We do need to have whichever comes first because there is an or. It is either A or…. TOWN COUNSEL SCHACHNER-That is exactly right. COUNCILMAN METIVIER-How many days are we talking about? Seven days, thirty days? COUNCILWOMAN SWITZER-I said ten business days. SUPERVISOR STROUGH-Any other thoughts Councilwoman Switzer? COUNCILWOMAN SWITZER-No. PUBLIC HEARING OPENED ATTORNEY JOHN LAPPER, SPEAKING ON BEHALF OF APPLICANT-I just have one clarification. Depending upon the time of year when we get through with the approvals. It is about an eight-month process to build a road. If it was approved in November the one year, what I would like to see is that it would commence within the year of the approval and we would have up to eight months to build the road just because of the seasonality of constructing the road and anything else is acceptable. SUPERVISOR STROUGH-You have a year to build the road. ATTORNEY LAPPER-Right. If it got approved in November and they wanted to start when everything got dried out in May it might be close. I just think a little more flexibility. It would certainly commence within a year, but it might not be done in a year. SUPERVISOR STROUGH-Yes Counsel. ATTORNEY SCHACHNER-You can consider whatever anybody offers in a public hearing. In our opinion we would certainly not recommend that the condition be solely governing when commencement has to occur. The funny thing about commencement is it may never end. COUNCILWOMAN SWITZER-It may never end. ATTORNEY LAPPER-I accept that. Completion is fine. Maybe the year of completion is maybe a little too tight. SUPERVISOR STROUGH-If there was extenuating circumstances you could always come back to the Board. ATTORNEY SCHACHNER-You could. It would always be subject to a public hearing to amend the Local Law, but certainly. COUNCILMAN METIVIER-Why don’t we do the sixteen month as opposed to the twelve. SUPERVISOR STROUGH-I think that would be fine. Sixteen. COUNCILWOMAN SWITZER-That’s fine with me. JANICE HOLDING, 48 DREAM LAKE ROAD-I appreciate the work that you have put into this. I just have one question. What happens if they break this agreement? SUPERVISOR STROUGH-Counsel what happens if they break the agreement? REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 433 ATTORNEY SCHACHNER-For starters it is not an agreement. It is a rezoning. It is a rezoning subject to certain conditions. If the conditions are not fulfilled, then the rezoning is not in effect. COUNCILWOMAN SWITZER-So it would revert to the previous. ATTORNEY SCHACHNER-So the zoning would remain as is if the conditions are not fulfilled. COUNCILWOMAN SWITZER-Basically the new zoning would not be in place for them to do what they want to do. ATTORNEY SCHACHNER-Would not remain in place if the conditions are not fulfilled. MRS. HOLDING-Let me see if I understand. If they didn’t have the road in place, which is the condition of the rezoning, the rezoning would not happen. Any expansion that they had started would be illegal. I mean what happens. It would be stopped. COUNCILWOMAN ATHERDEN-It would be stopped. It would be no longer zoned for it so it would have to be stopped. ATTORNEY SCHACHNER-It would be illegal. The Town would have the opportunity to stop if you wish. COUNCILMAN FERONE-What if it is stopped. The end result is we are trying to get Dream Lake Road from being used as their primary egress and entrance nothing gets accomplished here. COUNCILMAN METIVIER-Correct. That is right we are right now. ANDREW HOLDING, 48 DREAM LAKE ROAD-I can certainly see that some effort has gone into accommodating the request from the residents of Dream Lake Road. I appreciate that. I also remember Butch Marcel the President of Fort Miller Aggregates saying this is going to take years and years and years before you get it. I think he is correct. With that said, I think this is outrageous for this Board to make hand written notes, then go ahead, and approve this application for Petition for Change of Zone this evening. It is outrageous. You are leaving all of us in the dark. All the research we have done. We are not Lawyers. We have never even seen what you are proposing in print. When you say it is illegal, I know of situations in Bolton where things are written in by Attorneys, guarantees. At the end when it was done illegally and the neighbors tried to sue we had found out that the Lawyer had written it in such a way that the neighbors could not sue because the guarantee was not to the neighbors. The guarantee was to the Town Board. The Town Board of Bolton decided not to sue even though it was written in the deed what had to be done. They didn’t do it. They got away with it. It is because of that kind of unethical behind the back type of guarantees that the guarantees really have to be written and understood by everyone. So it is illegal. So they pay a fine. I was a contractor for thirty-five years. There were unethical contractors who would say, well we need to take down this stand of trees and it was against the law. It is only like a thousand dollars a tree to take it down. I don’t think that this needs to be approved tonight. I would beg you if you are not going to disapprove this tonight to at least table it. If this process is going to take years and is important to various neighborhoods. Dream Lake Road is not the only neighborhood. I think the Board owes the consideration of the people to at least table tonight so that we can be fully informed and fully guaranteed. You have a very qualified Attorney here, but I am not sure if his interpretations are the same as my Attorney interpretations might be. Why rush into an approval tonight. I think it would be outrageous for you to approve this tonight. In addition to that, I don’t see why you want to adopt before the guarantee if this thing is so important to Fort Miller. They talked about written guarantees. Their Attorney literally leaped up from his chair at a Workshop. We will put it in writing. We will put it in writing. That was months and months ago. I haven’t seen anything in writing. What is wrong with having the guarantees that we have been asking for since 2014 be put in writing. I don’t know, I am not a Lawyer. I don’t know whether it should be a Memorandum of Understanding or some other legal binding, but it certainly should have allowances written in it for penalties. If it is not kept….so we will pay a couple thousands of dollars in fines who cares. I was taken by surprise by all of this obviously. There are some other things that I think you should know. The applicant Fort Miller wants REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 434 to change the Queensbury Code by rezoning a parcel by which is a moderate density residential zone. They want you to rezone this parcel as a rural residential 5A so they can use it for mining under the Code and can build a major mining road right through the middle of a moderate density residential neighborhood. Queensbury Zoning laws are in place to assure landowners that they can use the parcels for the purposes for which they purchased them in that particular zone. The same laws are to assure that their neighbors are legally prohibited from doing anything that is not allowed by Queensbury Code in that zone. The Code protects homeowners from neighbors from being too close, to big, too noisy, to dirty and even putting in invasive plantings. To approve any change in zone, which would result in moving the protection to homeowners provided by the Queensbury Code would be a travesty. Their petition for change of zone under question number nine. I cannot recall the exact question. It says list the benefits to the greater community. The Fort Miller Attorney could not even list one positive improvement that this change of zone would bring to the community and there are a merry of things you could think of. I do not even know where their sales tax is paid. Their billing office is not in Queensbury. I have no idea about those things. All they could list is will have more product Fort Miller. They could not list one thing including the quality of life for residents. The quality of life for residents will be changed. Our quality of life on Dream Lake Road will be better. You have another area to consider and that is the people on Ridge Road. Before the Town Board changed the zoning law to allow the mining in the RR zone. Mr. Marcel said we will build on our own property and presented plans for a road on 149. Now they want to build their road because it is easier and less expensive to a moderate density residential area. There has also been the myth spread around that they cannot build to 149 because of APA wetlands. That is a myth. If you call APA yourself, you will find out what their procedure is on this. They will never tell you that you cannot build. They will simply tell you how you must build to take care of the wetland issue. They will never tell you, you cannot go through their wetland. They will tell you things like they tell Schermerhorn. If you are going to destroy an acre here, you have to build three acres of wetlands somewhere else to replace it. They have a term for that. They have never made application to the APA for a road to 149. In fact, even after they had changed their plan to go to Ridge Road and had presented that plan to the Planning Board they purchases…one of the things that they had said was there is not enough road. They purchased another parcel on Ridge Road adjacent to their existing parcel. Instead of four hundred and ninety five feet of road frontage, they now have twelve hundred feet of road front and in plain view of the traffic light at the intersection of Bay Road. I consider amongst other things a Town Board Member asked me one night and I told him I was insulted that he did do. He said someday I am going to figure out what your ulterior motive is for … I have no ulterior motive. The way I was brought up if your backyard is flooding, you do not just put in a pipe and put the flood on your neighbor’s property. That is not the way to deal with the problem. There has to be a different solution. In 2014 when the Town Board passed the local law approving mining in residential areas Supervisor Strough loudly promised that the public that such use would only be allowed on parcels in RR-5A zones and only parcels larger than twenty-five acres. The public trusted that Supervisor Strough honor that promise. Yet the parcels requesting neither of the parcels in question… The parcel requesting a zone change meets neither of those requirements. Simply altering the zoning map does not alter the fact that if Mr. Strough supports this application it would constitute a violation of that public trust. The second major reason is. There are too many important things for you to be doing. Too much of your time is taken up with larger issues. You do not have time and no one can expect you to go into the minutia of the possibilities that this action could cause. It is a danger to Queensbury residents, as the Town Board cannot make project specific changes to the zoning code. This change would set a precedent, which other parcels holders might take advantage of. How many other parcels in Queensbury using this approval as a legal precedent and demanding equal treatment under the law could now get their parcels rezoned also? This is an unknown that must be fully thought out before the Town Board acts on this application. I remember at one Workshop one of the interested parties on the Board pointed to a piece of land that is between Fort Miller’s property and the residents properties on Ridge Road. It is a big piece of land thirty seven acres. This Board Member asked Mr. Marcel what is that used for. Mr. Marcel said it is not used for anything. I am not wealthy enough to own land for nothing. Who owns it? What do they want to do with it? As it turns out that thirty- seven acres is owned by Peckham a material mining outfit. If you approve this zone change what is to prevent Mr. Peckham from saying now you have to change my zone. You now have created another thirty-seven acres of minable property by default. Thirty-nine acres in that Peckham lot. Our main problem is that we do not have a written guarantee this road is going to be built or how it is to be built and you have tried tonight to do that. Again, I cannot believe that you couldn’t wait at least REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 435 thirty days for further approval to make sure it is done right. There have been times when it hasn’t been done right. Supervisor Strough at the meeting where the Town Board approved putting the mining into the RR zone waved a letter and said I have gotten the letter. I forget the exact; I do not have it with me. This is not a quote. I believe that Mr. Strough who said we have gotten the letter from Fort Miller. It says amongst other things we are going to discontinue the use of Dream Lake Road. If you read the letter, it says upon commencement of extraction we will build a road not saying immediately or anything. Upon commencement of extraction from the new area, we will build a road and discontinue the use of Dream Lake Road, no time frame. Mr. Marcel this is going to be going on when he is no longer with us and that road could still be being built at that time without some further guarantee. The fine print that you missed Mr. Strough was upon commencement. How are they going to commence extraction from the new area? They have to timber it. They have to excavate it. Where is all that heavy machinery going when they have not built a road? I think there are parts of what we have presented here tonight that address that. There is one final reason that in my opinion we cannot pass this rezoning tonight. That is simply that the parcel does not meet the minimum requirements of the RR5A zone. Minimum width of the RR5A zone is four hundred feet. If you look at the survey map made by Vision Engineering, PLLC 206 Glen Street, Suite 56. It is a survey map of the Kubricky property, which was prepared as part of their application to put a cell tower. I think it was the Planning Board they made an application, too. The rear line is north eight degrees of three minutes and forty-five seconds east. A distance of three hundred and ninety nine point nine seven feet. It does not qualify unless you want to change the zoning laws again on the width of RR properties. There comes a time when a lot more than the neighbors have to ask what is going on. Why is this Board so adamant about changing the Queensbury Zoning Code five times to accommodate this project? We said in a letter to you, Mr. Strough in 2014 that we would support even though we do not want to have more noise and whatnot. We would support their expansion. When they bought the property that expansion was not allowed. When the other people on Ridge Road brought their property that expansion was not allowed. We said we would support that expansion if it were done right. All we are begging you for and I am begging you not to make more changes in the law until it can be worked out as maybe you suggested through an MOU. I do not know how best gets guaranteed that this Board is not being had. SUPERVISOR STROUGH-Thank you. COUNCILWOMAN ATHERDEN-Can I ask a question. SUPERVISOR STROUGH-Yes. COUNCILWOMAN ATHERDEN-What is the guarantee that you are actually looking for? Can you specify that more precisely? MR. HOLDING-If I knew exactly what it was right now I would tell you. You can say we are not going to use Dream Lake Road. Good, ten homes now have peace and quiet but not really. Their original application staff notes said they were going to expand into those two parcels and discontinue the parcel that is three hundred and some odd feet from my home. That is not what the final application is. That is going to be where they do their grinding. I hear backup alarms at seven o’clock every weekday. COUNCILWOMAN ATHERDEN-It sounds like you just do not want them there at all. MR. HOLDING-I do not want them there at all. I admit to that. My grandchildren are going to hear this noise. If the Town can come up with some good reason. Their Attorney could not come up with a reason why it is good for the community. I love someone to tell me what benefit of the community. It cannot be just tax base. They have to pay land taxes anyway. ….it be sales tax or I don’t know. Does the Town want to change its logo to Queensbury a beautiful place to live the home of strip mining in Warren County? COUNCILMWOMAN ATHERDEN-Even if there is a road, that is not going to satisfy you. Even they give one year for the road to be built. That is not going to satisfy you either. REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 436 MR. HOLDING-It is not going to satisfy me totally. You have not improved the quality of life in Queensbury. I am still going to hear the noise and guess what now you have ten more residents who are going to have to listen to that all the time. By the way, it starts at six o’clock if there has been snow. They plow with a grader that has a backup alarm on it. COUNCILWOMAN ATHERDEN-So no matter what kind of modification we might come up to with this that is not going to be satisfy to you because you don’t want the new facility to be built. Is that correct? MR HOLDING-No that is incorrect. COUNCILWOMAN ATHERDEN-Okay. MR. HOLDING-I will try and state it again. We would support this expansion, which we don’t know why it is any good for the community, but this Board is obviously decided it is. We would support it if we were assured that the road gets built first. Here is another point. Does this say that this road has to be built from the outside in? Since they could not mine these properties when they bought them why don’t we guarantee that there is a line between the properties that they are newly going to expand into and the existing Dream Lake Pit. Guarantee that they have to build in all the heavy equipment shouldn’t come through Dream Lake Road. It should come through their new road built in and all of that should be done prior to expansion. COUNCILWOMAN ATHERDEN-The actual expansion. MR. HOLDING-I am only saying that I have witnessed guarantees by Attorneys, which have turned out not to work out for the residents. I would hate that to happen in Queensbury. There are a lot of different ways we could be. We would be happiest, of course, if they maintain their original promise to this Board that they made before we changed. That they would build totally on their own property out to Route 149. That would make us very happy. Not only Dream Lake Road would be restored, but Ridge Road would be saved. COUNCILWOMAN ATHERDEN-Again, just to be clear Mr. Holding. If a road is built and it is not to Route 149. If a road is built and it goes to Ridge and it has the language in there to guarantee that, it is done like we are trying to do this evening you would support that. MR. HOLDING-Ethically I would think it is wrong. Out of self-preservation, I probably would support it. COUNCILWOMAN ATHERDEN-Okay. Tonight it seems like the amendment that we wanted to make came as a surprise. MR. HOLDING-Absolutely. COUNCILWOMAN ATHERDEN-If we delayed it for two weeks. COUNCILWOMAN SWITZER-We can keep the public hearing opened. We don’t have to close it tonight correct. ATTORNEY SCHACHNER-Absolutely correct. COUNCILWOMAN ATHERDEN-If we did that and we modified the Resolution with the language we were talking about this evening… MR. HOLDING-Absolutely. I think that is the only you can do to maintain your responsibility to the homeowners in Queensbury with all this uncertainty tonight, approve this petition for zone change. I think it would be outrageous. COUNCILWOMAN ATHERDEN-Okay. REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 437 SUPERVISOR STROUGH-Thank you. MR. HOLDING-Thank you. ATTORNEY CLAUDIA BRAYMER, REPRESENTING THE HOLDINGS-I know Mr. Holding went over a lot tonight. I just want to reiterate that it was a surprise to us that these changes were going to be made. There was the Post Star article back I am looking at my notes from November 20, saying Supervisor Strough that you had understood the concerns and that you would be looking to come up with a Memorandum of Understanding or some sort of agreement with Fort Miller. Which, I understand they are saying on the record tonight they are willing to enter into. When I looked at the Town Board Agenda packet on line, the Resolution that was available to me did not say anything about restricting or conditioning their zoning change request that is on the agenda to be approved for tonight. All of these changes all of the conditions are taking us by surprise. We would like to be able to look over them in writing to make sure we understand what is being proposed. I think that would be beneficial for you as well so that we are not making handwritten changes on a proposal that has been batted around for years and years and years. The only couple of substantive things that I would like to mention are that. Something that would be helpful from our perspective would be to see any condtions that they must construct the road from Ridge Road and not bring all the construction down Dream Lake Road. I would ask you to condition on completing with sixteen months of the zoning change. They are already operating in there. There is no reason in my mind why they cannot start building once you approve the change in the zoning. I would also ask that you require them to put written consent to these conditions before you adopt the changes. That way everything is on the table. Everything is right there in writing. You will have that and we as the public will be able to see that prior to your adoption. Again I will ask that you table this and maybe consider making some of those changes. Thank you. SUPERVISOR STROUGH-Thank you. ATTORNEY SCHACHNER-Can I ask Ms. Braymer a question? SUPERVISOR STROUGH-Yes. ATTORNEY SCHACHNER-Is your comment about the road construction meaning it should be built from point A to B not from point B to point A? ATTORNEY BRAYMER-Yes. ATTORNEY SCHACHNER-Which direction? ATTORNEY BRAYMER-Going from Ridge Road southwest into their parcel. SUPERVISOR STROUGH-Anyone else like to speak to the Board about this proposed rezoning? I will keep the public hearing opened. We will continue this on February 11, 2019. PUBLIC HEARING TO REMAIN OPENED 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) TRAVIS WHITEHEAD-Spoke to the Board regarding Resolution Authorizing Award of Bid for Purchase of Plug-In-Hybrid All-Wheel Drive Sport Utility Vehicle for Building and Codes. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF PLUG-IN HYBRID ALL-WHEEL DRIVE SPORT UTILITY VEHICLE FOR BUILDING AND CODES DEPARTMENT REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 438 RESOLUTION NO.: 28, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, in accordance with Resolution No.: 466,2018, the Town of Queensbury’s Purchasing Agent duly advertised for bids in the Town’s official newspaper and through the New York State Office of General Services Procurement Program for the purchase of a 2019 or newer Plug-In Hybrid All-Wheel Drive Sport Utility Vehicle (Vehicle) as a replacement vehicle for the Department of Building and Code’s 2008 Trailblazer with approximately 61,000 miles (Town Asset #8748), as described in specifications prepared by the Director of Building and Code’s (Director) and/or Purchasing Agent, and th WHEREAS, on January 16, 2019 the Purchasing Agent received bid information for the nd Vehicle from the New York State Pro Vehicle Market Place and on January 22, 2019, the Purchasing Agent duly received and opened all bids received by the Town for the Vehicle, and WHEREAS, the Purchasing Agent and Director reviewed all received bids and have recommended that the Town Board award the bid to the lowest, responsible bidder, North Country Imports, for an amount not to exceed $34,388.50, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of a 2019 Subaru Crosstrek – An All-Wheel Drive Plug-in Hybrid - for use by the Department of Building and Codes from the lowest, responsible bidder, North Country Imports, for an amount not to exceed $34,388.50, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such Vehicle shall be from Equipment/Vehicle Replacement CP Account No.: 195-1640-2020, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 439 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Director, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES : Mr. Ferone ABSENT: None RESOLUTION APPROVING AUDITS OF BILLS - THTH WARRANTS OF JANUARY 18 AND JANUARY 29, 2019 RESOLUTION NO.: 29, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to approve two(2) audits of bills presented ththth as Warrants with run dates of January 18 and January 24, 2019 and payment dates of January 18 th and January 29, 2019, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the two (2) Warrants with thththth run dates of January 18 and January 24, 2019 and payment dates of January 18 and January 29, 2019 totaling $49,033.74 and $1,072,584.37, respectively, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT : None ABSTAIN:Mrs. Switzer RESOLUTION AUTHORIZING TRADE-IN OF BOBCAT SKID STEER LOADER AND PURCHASE OF CATERPILLAR SKID STEER LOADER AND HYDRAULIC SNOW BLOWER FOR REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 440 TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 30, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury’s Highway Superintendent has requested Town Board approval to trade-in a 2000 Bobcat Loader Model No.: 773 (Town of Queensbury Fixed Asset #3792) in his Department and replace it by purchasing a 2019 Caterpillar Skid Steer Loader, and WHEREAS, New York State Bidding is not required as the Skid Steer Loader purchase is under New York State Office of General Services/NJPA Contract #PC66988, and WHEREAS, the Highway Superintendent has also requested Town Board approval to purchase a Hydraulic Snow Blower, and WHEREAS, the Highway Superintendent received two (2) quotes and the lowest received quote for the Hydraulic Snow Blower is from Quick Attach Attachments, LLC in the amount of $6,436, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent’s trading in of the 2000 Bobcat Loader Model No.: 773 (Town of Queensbury Fixed Asset #3792) in his Department and replacing it by purchasing a 2019 Caterpillar Skid Steer Loader Model 232D with front bucket and asphalt milling machine for the purchase price of $51,539, less the trade-in amount of $6,500, for a net purchase price of $45,039, from Milton CAT in accordance with Milton CAT’s January 8, 2019 Quotation presented at this meeting and New York State OGS/NJPA Contract #PC66988, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Highway Superintendent’s purchase of a Quick Snow-Away 2020 Hydraulic Snow Blower for the purchase price of $6,436 from Quick Attach Attachments, LLC in accordance with Quick Attach Attachments, LLC’s December 14, 2018 Sales Quote presented at this meeting, and BE IT FURTHER, RESOLVED, that the Skid Steer Loader and Snow Blower, in the total cost of $51,475, shall be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget by transferring $51,475 from Undesignated Fund Balance Account No.: 004-0000-0909 to Heavy Equipment Account No.: 004-5130-2040, and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 441 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 all such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None RESOLUTION AUTHORIZING PANIC ALARM SYSTEM AT WATER TREATMENT PLANT, ESTABLISHMENT OF CAPITAL PROJECT FUND #224 AND ENGAGEMENT OF NEW YORK FIRE & SECURITY RESOLUTION NO.: 31, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury’s Water Superintendent has requested Town Board approval for the purchase and installation of a Panic Alarm System at the Town’s Water Treatment Plant (Project), and WHEREAS, the Water Superintendent requested and received two (2) quotes for such Project and the lowest received Quote is in the amount of $11,239 from New York Fire & Security dated January 17, 2019 and therefore he has recommended that the Town Board authorize engagement of New York Fire & Security for such Project, and WHEREAS, the Water Superintendent has requested additional funds toward the purchase of, but not limited to, cameras and other security equipment related to the Project, and WHEREAS, the Town Board wishes to accordingly establish a Capital Project concerning such Project and establish and fund the Revenue and Expense Accounts for the Capital Project in the amount of $35,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase and installation of a Panic Alarm System at the Town’s Water Treatment Plant (Project) and establishment of the Panic Alarm System at Water Treatment Plant Capital Project Fund #224 in REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 442 the amount of $35,000 which will establish funding for expenses associated with the Project as set forth in this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the engagement of the services of New York Fire & Security for such Project for an amount not to exceed $11,239 in accordance with New York Fire & Security’s Quote dated January 17, 2019 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the expenditure of up to $23,761 in additional funds toward the purchase of, but not limited to, cameras and other security equipment in connection with this Project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Capital Project shall be by using $35,000 of unappropriated, undesignated Fund Balance 040- 0000-0909 and transferring such balance to the Capital Project as follows:  040-9950-9030 Transfer to Capital Project - $35,000  224-0000-55031 Interfund Revenue - $35,000  224-8330-2899 Capital Construction - $35,000 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute New York Fire & Security’s December 28, 2018 Quote in substantially the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that upon completion of the Project, any remaining funds shall be returned to Fund 40, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Water Superintendent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 443 AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None RESOLUTION APPROVING NEW FEE SCHEDULE FOR SERVICES PROVIDED AT PINE VIEW CEMETERY AND CREMATORIUM RESOLUTION NO.: 32, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury Cemetery Commission and Cemetery Superintendent have requested Town Board approval for a pricing structure modification regarding the prices charged by the Pine View Cemetery and Crematorium with such proposed new fee schedule, “2019 Pine View Cemetery & Crematorium Price List” presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the new fee schedule, “2019 Pine View Cemetery & Crematorium Price List” for services provided at the Pine View Cemetery st and Crematorium effective as of February 1, 2019 as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take any and all action necessary to effectuate the new fee schedule. th Duly adopted this 28 day of January, 2019 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT : None RESOLUTION AUTHORIZING ACCEPTANCE OF $135 IN DONATIONS TO BE USED FOR PARK MAINTENANCE PROJECTS AT HOVEY POND PARK RESOLUTION NO.: 33, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury’s Parks and Recreation Director has advised that three (3) separate donations in the total amount of $135 have been made to the Parks and Recreation Department in memory of local resident Sally Daniels to be used for park maintenance and development at Hovey Pond Park, and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 444 WHEREAS, the Town Board is honored by these donations, feels that they will benefit Town residents and therefore wishes to approve and authorize such donations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donations delineated in this Resolution in the total amount of $135 to the Town Parks and Recreation Department to be used for park maintenance and development at Hovey Pond Park, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donations and increase the Parks and Recreation Department’s Project Account No.: 146-7110- 2899 by $135 and the Gifts and Donations Revenue Account No.: 146-0000-52705 by $135, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town’s Director of Parks and Recreation to send a certified copy of this Resolution to each person who made a donation with a letter from the Town thanking them for their generosity in memory of Sally Daniels. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF JAMES FLANSBURG FROM WORKING SUPERVISOR TO SENIOR BUILDING MAINTENANCE MECHANIC IN TOWN PARKS AND RECREATION DEPARTMENT RESOLUTION NO. 34, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury Recreation Commission and Parks and Recreation Director (Director) have advised that there is a vacancy in the Senior Building Maintenance Mechanic (SBMM) position in the Town Parks and Recreation Department, such position established by Town Board Resolution No.: 482,2018, and WHEREAS, consistent with the Collective Bargaining Agreement, the Director posted for such position, and WHEREAS, James Flansburg, a current full-time employee within the Department requested a promotion to the position, and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 445 WHEREAS, the Director and Town Recreation Commission recommend that the Town Board authorize the promotion of Mr. Flansburg from Working Supervisor to SBMM as Mr. Flansburg has met the qualifications and has the required job experience for the position, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of James Flansburg from Working Supervisor to Senior Building Maintenance Mechanic (SBMM), such SBMM position established by Town Board Resolution No.: 482,2018, effective on or about th January 29, 2019 at the rate of pay specified for the SBMM position for the year 2019, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None RESOLUTION AUTHORIZING HIRING OF BLAINE MEADE AS FULL-TIME MOTOR EQUIPMENT OPERATOR FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 35, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town Board that there is a vacancy in a full-time Motor Equipment Operator (MEO) position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendation to the Town Board to hire Blaine Meade, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Blaine Meade as a full-time Motor Equipment Operator (MEO) in the Town’s Highway Department REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 446 th effective on or about January 29, 2019 subject to Mr. Meade’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. Meade 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. th Duly adopted this 28 day of January, 2019 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None RESOLUTION AUTHORIZING “TECHNICIAN FOR A DAY” AGREEMENT WITH MATTHEWS ENVIRONMENTAL SOLUTIONS RESOLUTION NO.: 36, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury’s Cemetery Superintendent and Town Cemetery Commission have requested that the Town Board authorize a “Technician for a Day” Agreement (Agreement) with Matthews Environmental Solutions (Matthews) in order to train the Town’s Crematory employees on its Crematory retorts/equipment, and WHEREAS, the cost of such services is $2,590 as set forth in Matthews’ Agreement dated December 19, 2018 presented at this meeting, and WHEREAS, in Section IV, Subsection(3)(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, Matthews has performed annual Crawford and Power Pak Cremator inspections, is accepted by the New York State Department of Environmental Services as meeting statutory requirements regarding inspections, and is the manufacturer of these Cremators, possessing proprietary engineering drawings and specifications for such equipment, and for these reasons, the Town Board wishes to declare Matthews as a sole source provider, and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 447 WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, this will ensure that the Town’s retorts will continue to operate in a safe and efficient manner while continuing to meet DEC’s regulatory requirements, NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury’s Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the “Technician for a Day” Agreement (Agreement) with Matthews Environmental Solutions (Matthews) dated December 19, 2018 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment shall be made from the Cemetery’s Training Account No.: 002-8810-4090-8811, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget to effectuate a transfer of $3,000 from Building Repairs Account No.: 002- 8810-4070-8811 to Training Account No.: 002-8810-4090-8811, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 37, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 448 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town’s Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Item Dept. Asset# Shredder Court 3175 Various phones (2) Cemetery n/a Hewlett Packard various items Cemetery n/a 2008 Ford Focus Assessor 8714 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, as follows: Item Dept. Asset# Shredder Court 3175 Various phones (2) Cemetery n/a Hewlett Packard various items Cemetery n/a 2008 Ford Focus Assessor 8714 and REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 449 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 28 day of January, 2019, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT : None RESOLUTION TO AMEND 2018 BUDGET RESOLUTION NO.: 39, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2018 Town Budget as follows: From To Code Appropriation Code Appropriation $ 001-3510- 001-1990-4400 Contingency 4760 Vet Svcs. 500 001-3620- 001-5132-4500 Heating Fuel 1010 Salaries 1,000 REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 450 001-7110- 001-7020-1020 Overtime 1010 Salaries 550 Misc. 001-7110- 001-7510-4400 Contractual 4820 Uniforms 150 Legal 001-8010- 001-8010-4080 Advertising 1010 Salaries 300 001-8010- 001-8010-4030 Postage 1010 Salaries 300 Svc Award 005-3410- 005-9025-8025 4981 4400 Misc. Contractual 15,000 020-5182- 020-0000-0909 Fund Balance 4305 Street Lights 200 032-8110- 032-8110-4720 Consultant Fee 1010 Salaries 25 032-8110- 032-1990-1010 Salaries 1010 Salaries 100 032-8110- 032-8110-4720 Consultant Fee 1020 Overtime 50 th Duly adopted this 28 day of January, 2019 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES : None ABSENT : None 5.0 CORRESPONDENCE None 6.0 PRIVILEGE OF THE FLOOR (LIMIT – 4 MINUTES) TRAVIS WHITEHEAD-Spoke to the Board regarding the Town Boards purchase of the Hybrid all- wheel drive sport utility vehicle. Spoke to the Board regarding the fifty thousand dollar grant from the CBC. JOHN HODGKINS, ASSEMBLY POINT-Spoke to the Board regarding spending and taxes in the Emergency Rescue Squads. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Thanked the Highway Department for a great done on the roads during the recent storm. COUNCILWOMAN ATHERDEN (WARD II) th  Meeting will be held at the Queensbury Hotel January 29, 2019 at 6:00 p.m. in the Adirondack Room regarding Lehigh Cement and the burning of plastic and paper. February th 4, 2019 is the next transition film. The film is Truth to Power. It starts at 6:30 p.m. in the Community Room. COUNCILMAN FERONE (WARD III) REGULAR TOWN BOARD MEETING, 01-28-19, MTG#3 451  Thanked the Highway Department for a great job on the roads during the recent storm. COUNCILWOMAN SWITZER (WARD IV)  Big Brothers Big Sisters this is their mentorship month. Anyone who has some time available and would like to become a mentor you could go to their Facebook page or their website. SUPERVISOR STROUGH  Lake George Tourism Department recently put out the Lake George Area and New York Adirondack Original Vacation Travel Guide.  The Town has been awarded a rebate of $5,000 regarding the Nissan Leaf.  Supervisors Report to the Town Board and Community.  Thanked Look TV and Sponsors Storedtech. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 40, 2019 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 Meeting. th Duly adopted this 28 day of January, 2019, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O’BRIEN DEPUTY CLERK II