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02-24-2020 MTG #7 Regular Town Board Meeting, 02-24-2020, MTG #7 474 REGULAR TOWN BOARD MEETING MTG# 7 TH FEBRUARY 24, 2020 RES# 92-100 7:00 P.M. BOH# 17-19 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE BOARD MEMBER ABSENT COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order… PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 92, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 24 day of February, 2020 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer PUBLIC HEARING – Sewage Disposal Variance Application of Lee and Chris Kruger NOTICE SHOWN PUBLICATION DATE: February 14, 2020 SUPERVISOR STROUGH reviewed the two proposed variances by the applicant and noted that th some of the Town Board members did a site visit on February 10, 2020. DENNIS MACELROY, Agent-Good evening, I am Dennis MacElroy with Environmental Design representing the Kruger’s on this variance application modification. John, you’ve explained it properly. During the course of construction, it was determined there was a ledge condition that the owners felt uncomfortable about, blasting. That meant, as an option, moving the pump tank to a Regular Town Board Meeting, 02-24-2020, MTG #7 475 location which had previously been designed or approved with a variance. We discussed it with the Building Department and went ahead and installed it knowing that we had to come back to this Board to gain the variance. But it was the practical thing to do at that point in November when we didn’t want to leave the trench open and go through a three week process to wait for that. We felt comfortable that the variance was a reasonable request so, here we are. SUPERVISOR STROUGH-Okay, any questions for the agent to the applicant? COUNCILMAN FREER-I had to walk to find it. SUPERVISOR STROUGH-Yes, Harrison found it. Alright, there is a public hearing on this. Is there any member of the public that wishes to speak to this application before the Board of Health tonight? Alright, seeing none, any further discussion? Hearing none, how about a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING LEE AND CHRIS KRUGER’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 17, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health (BOH) and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and WHEREAS, Lee and Chris Kruger (Applicants) previously applied for and obtained BOH approval (Resolution No.: BOH 9,2018) for certain variances from Chapter 136 to install a replacement wastewater system on their property located at 6 Morton Road in the Town of Queensbury, and WHEREAS, during the construction phase of the system, it was determined that the presence of significant ledge conditions suggested relocation of the pump tank which necessitates two additional variances but eliminates a previously issued variance and therefore, the Applicants applied for modifications of the variances previously authorized by Resolution No.: BOH 9,2018 as follows: 1. Pump tank to be 45’ from the lake instead of the required 50’ setback; and 2. Pump tank to be 4’ from the dwelling instead of the required 10’ setback; on property located at 6 Morton 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 duly conducted a public hearing concerning the th variance requests on Monday, February 24, 2020, and Regular Town Board Meeting, 02-24-2020, MTG #7 476 WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines 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 Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Lee and Chris Kruger for modifications of the variances from the Sewage Disposal Ordinance previously authorized by Resolution No.: BOH 9,2018 as follows: 1. Pump tank to be 45’ from the lake instead of the required 50’ setback; and 2. Pump tank to be 4’ from the dwelling instead of the required 10’ setback; on property located at 6 Morton Road in the Town of Queensbury and bearing Tax Map No.: 239.12- 2-82, 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. Regular Town Board Meeting, 02-24-2020, MTG #7 477 th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF BRIAN HAYWARD RESOLUTION NO.: BOH 18, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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, Brian Hayward (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a new drilled well: 1. 65’ from a seepage pit on the parcel to the north in lieu of the required 150’ setback; and 2. 95’ from a seepage pit on the parcel to the south in lieu of the required 150’ setback; on property located at 5 Palmer Drive 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, March 9, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Brian Hayward’s sewage disposal variance application concerning property located at 5 Palmer Drive, Queensbury (Tax Map No.: 316.17-1-4) 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. Regular Town Board Meeting, 02-24-2020, MTG #7 478 th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES : None ABSENT: Mrs. Switzer RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 19, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 24 day of February, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT 3 MIN) - NO PUBLIC COMMENT 3.0 RESOLUTIONS COUNCILMAN FERONE referred to resolution 3.3, the attached proposed local law and noted a typo in Appendix F, A. COUNCILMAN FREER referred to resolution 3.2 and recommended for the purpose of the public hearing that we have an example of what we are talking about. Referred to resolution 3.3, we are modifying this law but we are really simplifying the law for the community. RESOLUTION AUTHORIZING ADIRONDACK RUNNERS TO CONDUCT ADIRONDACK 15K RACE TO THE LAKES RESOLUTION NO.: 93, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Adirondack Runners Club has requested authorization from the Queensbury Town Board to conduct its Adirondack 15k Race to the Lakes as follows: SPONSOR : The Adirondack Runners Club Regular Town Board Meeting, 02-24-2020, MTG #7 479 EVENT : Adirondack 15k Race to the Lakes th DATE : Saturday, June 20, 2020 commencing at approximately 8:00 a.m. PLACE : Beginning at SUNY Adirondack and ending at Battlefield Park in Lake George – course partially within the Town of Queensbury (letter regarding race course presented at this meeting) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proper proof of insurance from the Adirondack Runners Club to conduct its Adirondack 15k Race to the Lakes partially within the Town of Queensbury as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent, which may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: __, 2020 AUTHORIZING AWARD OF CONTRACTS ON BASIS OF BEST VALUE RESOLUTION NO.: 94, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of 2020 entitled, "A Local Law Authorizing the Award of Contracts on the Basis of Best Value,” which Local Law would authorize the Town to award contracts which would otherwise be subject to the "lowest bidder" rule on the basis of “best value”, as defined in §163 of the New York State Finance Law, as determined by the Town Board upon the recommendation of the Purchasing Agent and the Department Head, which would include the specific factors to be applied in determining best value reflecting, wherever possible, objective and quantifiable analysis, and Regular Town Board Meeting, 02-24-2020, MTG #7 480 WHEREAS, adoption of this legislation is authorized by New York General Municipal Law §103 and New York Municipal Home Rule Law §10, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, March 9, 2020 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: __ of 2020 in the manner provided by law and to make a copy of the proposed Local Law available for public inspection in the Town Clerk’s office following the adoption of this Resolution and until the Public Hearing is closed. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2020 TO AMEND TOWN CODE CHAPTER 136 ENTITLED "SEWERS AND SEWAGE DISPOSAL” APPENDIX F RESOLUTION NO.: 95, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: __ of 2020 to amend Queensbury Town Code Chapter 136 “Sewers and Sewage Disposal," Appendix F thereof, subparagraph “High Groundwater Determination,” to authorize the Town’s Director of Building and Codes Enforcement, rather than the Local Board of Health, to approve qualified persons to make determinations concerning seasonal high groundwater evaluations during months other than March, April, May or June, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Regular Town Board Meeting, 02-24-2020, MTG #7 481 Home Rule Law §10, and WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, March 9, 2020 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: ___ of 2020, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No.: __ of 2020 in the manner provided by law. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR SURVEYING SERVICES ASSOCIATED WITH ROUTE 9 DRAINAGE IMPROVEMENT PROJECT RESOLUTION NO.: 96, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to engage The Chazen Companies (Chazen) for surveying services associated with the Route 9 Drainage Improvement Project for a sum not to exceed $12,000 in accordance with Chazen’s February 12, 2020 Proposal #PM19-258 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of Regular Town Board Meeting, 02-24-2020, MTG #7 482 The Chazen Companies for surveying services associated with the Route 9 Drainage Improvement Project for a sum not to exceed $12,000 in accordance with Chazen’s February 12, 2020 Proposal #PM19-258 substantially in the form submitted at this meeting, and BE IT FURTHER, RESOLVED, that payment for The Chazen Companies’ services shall be paid from Engineering Account No.: 001-1440-4720, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2020 Town Budget by transferring $12,000 from Unappropriated, Undesignated Fund Balance to Engineering Account No.: 001-1440-4720, make any adjustments, budget amendments, transfers or prepare any documentation necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Chazen’s February 12, 2020 Proposal #PM19-258 substantially in the form submitted at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING CLOSURE OF BUCKBEE ROAD CULVERT CAPITAL PROJECT FUND #218 RESOLUTION NO.: 97, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier Regular Town Board Meeting, 02-24-2020, MTG #7 483 WHEREAS, by Resolution No.: 223, 2017, the Queensbury Town Board established the Buckbee Road Culvert Capital Project Fund #218 (Fund #218) which established funding toward the replacement of the Buckbee Road Culvert, and WHEREAS, Town’s Accountant has advised that the project is complete and Fund #218 may therefore be closed, and WHEREAS, the Town’s accounting records show that there is $36,372.95 remaining in Fund #218, and WHEREAS, the Town Board wishes to close Fund #218 and transfer its remaining balance to the Capital Reserve Fund #64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the Buckbee Road Culvert Capital Project Fund #218 and transfer its remaining $36,372.95 to the Capital Reserve Fund #64, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Accountant to take such other and further action as may be necessary to effectuate all terms of this Resolution. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION AUTHORIZING SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BETWEEN TOWN OF QUEENSBURY, WARREN COUNTY AND CAROL MULLEN RESOLUTION NO.: 98, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to enter into an Agreement with Warren County and Carol Mullen regarding Ms. Mullen’s property located at 275 Bay Road in the Town Regular Town Board Meeting, 02-24-2020, MTG #7 484 of Queensbury (Tax Map No.: 302.8-1-2) to provide access to the Town and County in connection with site activities to be conducted for the purpose of inspecting the existing structure situated on such property to determine a cost for demolition, and WHEREAS, a proposed Site Access Agreement Permission to Enter Property is presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Site Access Agreement Permission to Enter Property between the Town of Queensbury, Warren County and Carol Mullen regarding Ms. Mullen’s property located at 275 Bay Road in the Town of Queensbury (Tax Map No.: 302.8-1-2) as set forth in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Agreement substantially in the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Counsel to take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF FEBRUARY 24, 2020 RESOLUTION NO.: 99, 2020 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 thth Warrant with a run date of February 20, 2020 and a payment date of February 25, 2020, Regular Town Board Meeting, 02-24-2020, MTG #7 485 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented thth as a Warrant with a run date of February 20, 2020 and a payment date of February 25, 2020 totaling $499,029.09, 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 24 day of February, 2020, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT: Mrs. Switzer 4.0 CORRESPONDENCE - NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES)- NO PUBLIC COMMENT 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE (WARD III)  Attended the Association of Towns Conference, two days of training and attending a number of very good sessions; new media landscape, implementation of 5G, State Environmental Quality Review Act, Sexual Harassment Prevention and Traffic Mitigation.  Referred to the new Queensbury Road Safety Committee and noted if there is anyone from the public that is interested in being on that committee, they should reach out to myself or Supervisor Strough. COUNCILMAN FREER (WARD II)  Noted discussion on the emergency sewer repair and that should move forward.  Attended the Association of Towns Conference and two things I walked away with, was that the whole harassment environment is changing and we need to make sure we do our part on the necessary training, we continue to evolve our culture so that harassment is not accepted at any level, shape or form. The other training I attended was build resilience into the community and renewable energy which is a big push from the State and we need to get that into our Comprehensive Plan.  Announced that the Low Impact Development Committee will be having a kickoff meeting this week. This committee is represented by myself and George on the Town Board. COUNCILMAN METIVIER (WARD I)  Referred to the Mullen property and what transpired at the County level this past Friday and stated that I am very disappointed and shocked considering we had a very good plan and that building has sat in that condition for years. Regular Town Board Meeting, 02-24-2020, MTG #7 486 SUPERVISOR STROUGH –  Referred to the Mullen property and noted that it was pulled at the County meeting. Stated that he was not able to attend due to a commitment but he will be attending the next meeting and will be prepared to address this issue.  Noted plan to put culvert under Bay Road near the intersection of Bay Road and Quaker. Noted further that this will not be an easy task due to the fact that Bay Road will need to be closed, all or part based on which plan they implement.  Noted that East Sunnyside Road and Ridge Road are going to be repaved this year.  Noted that the new HVAC system is moving forward.  Referred to March National Geographic magazine’s article entitled ‘The End of Trash’, which speaks of one of the biggest problems facing humanity, what to do with our waste. It’s a great article which talks about a new vision throughout the world, a circular economy.  Referred to the Lake George Association February news magazine noting recent grant received from the Lake Champlain Basin Program.  Presented Supervisor’s Report to the Board and community.  Thanked Look TV and sponsors. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 100, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 24 day of February, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Switzer RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY