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02-28-2022 MTG#6 REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 408 REGULAR TOWN BOARD MEETING MTG#6 FEBRUARY 28TH, 2022 RES#95-105 7:00 P.M. B.H.#12-16 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE (VIA ZOOM) COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV, STEVE THURSTON PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER SUPERVISOR STROUGH-Called meeting to order... 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 95, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and enters into the Queensbury Board of Health. Duly adopted this 281h day of February, 2022, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF PHILLIP MITCHELL PUBLICATION DATE: FEBRUARY 18, 2022 SUPERVISOR STROUGH-Reviewed Resolution before opening the public hearing. Any Town Board thoughts before I open the public hearing? Seeing none, I will open the public hearing. PUBLIC HEARING OPENED COUNCILMAN FERONE-John, I apologize that I could not be on the site visit. I have a couple of questions. I saw in their application they said something that they might have to do blasting on site. Was there any discussion as to what that was going to involve? SUPERVISOR STROUGH-At the previous location where it was originally set he would have had to pay I think he said four thousand dollars? COUNCILMAN MCNULTY-Yes. SUPERVISOR STROUGH-To blast it out, however, on the other side of the house it is actually a location where the original cesspool was located. They have already pre-dug it so they know it will already be accommodated there. It will require three variances. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 409 COUNCILMAN FERONE-What is their water supply? They do not have a well it didn't look like. COUNCILMAN MCNULTY-I didn't see one in the application. I think their well is there. SUPERVISOR STROUGH-If there was an issue with the well the infiltration field exceeds the one hundred foot setback. This is only for the little pump station. It is not for the infiltration bed. Everything else was approved except for this pump station location, which had to be changed because of ledge. COUNCILMAN FERONE-Thank you. COUNCILMAN METIVIER-He draws from the lake. The neighbor to the north draws from the lake. The neighbor to the south has a well. COUNCILMAN MCNULTY-The neighbors approve of it as well. There was no push back from the neighbors. SUPERVISOR STROUGH-Joe Didio is his neighbor. He said he is fine with this proposal. (Correspondence submitted from Joe Didio on February 28, 2022. On file in Town Clerks Office). Anyone present that would like to speak to this application? No public comment PUBLIC HEARING CLOSED RESOLUTION APPROVING PHILLIP MITCHELL'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 12,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Phillip Mitchell (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a Pump Basin: 1. 2' from the south property line in lieu of the required 10' setback; 2. 45' from Lake George in lieu of the required 50' setback; and 3. 3' from the cabin in lieu of the required 10' setback; and on property located at 2960 NY-9L in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, February 28 h, 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 410 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Phillip Mitchell for variances from the Sewage Disposal Ordinance to install a Pump Basin: 1. 2' from the south property line in lieu of the required 10' setback; 2. 45' from Lake George in lieu of the required 50' setback; and 3. 3' from the cabin in lieu of the required 10' setback; and on property located at 2960 NY-9L in the Town of Queensbury and bearing Tax Map No: 239.20-1- 10, 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 review by the Adirondack Park Agency during such period. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF STEVEN CARDONA PUBLICATION DATE: FEBRUARY 18TH, 2022 AGENT DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. AND STEVEN CARDONA SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 411 MR. MACELROY-Steve is a new owner of the property. There was a transfer. He has entered into the Agreement with the Town and posted his deposit for the period of time to do the upgrade of a new system for this property. What it will involve are vacancies. Number one from the existing drinking water well that is on the property. In addition, setbacks from the tank to the house. From the field to the house. From the field to the north property line. The system will consist of a twelve hundred and fifty gallon concrete septic tank and an Elgin System in that area. The existing system is towards the back of the house. It is not something that would pass the Town's inspection. We are proposing to relocate that. We can re plumb the interior of the house and bring the building sewer line out to the easterly side of the house. That is why the tanks location is quite a bit different than what currently exists. We had a site visit there. I think explained that situation. Again, I think the more significant variance request is the setback to the well. That is the well that supplies his own house. To mitigate that horizontal separation distance we would suggest the Disinfection System on the water supply. Steve would be able to install a Disinfection Unit on his water supply, which will further safeguard that water supply by not being the hundred feet from the...area. SUPERVISOR STROUGH-Town Board questions before I open the public hearing? COUNCILMAN METIVIER-Dennis you said that you will install a UV light at the water source and not the septic? MR. MACELROY-It is really more common that we do it on the water supply. COUNCILMAN METIVIER-Right. MR. MACELROY-It is generally the way it has always been. That is what it will be here. COUNCILMAN METIVIER-Okay. MR. MACELROY-There are other systems that more recently with the advent of the ETU's that we would do disinfection of the treated effluent. It has to be more highly treated for that UV to be effective. In this case, it is easier because it is his own. It is harder if it is a neighbor's well. Obviously, you would have to put a UV System on someone else's water supply. It has been done. We have done it that way. In one instance around the corner from this, but it is not as common. SUPERVISOR STROUGH-Anymore questions? Before I open the public hearing. We did a site visit. There are three lots that Mr. Cardona owns I think they are all contiguous. There was a Peter Sherman. (Correspondence submitted from Mr. Sherman on February 24, 2022. On file in Town Clerk Office). He wrote and he is wrong. He said it is going to be compromise by a reduction of absorptions fields. That is not true. It is a required size of the absorption field there was no reduction. He also wants to know why you are not building it on an additional lot and doing away with some of the variance requests? MR. MACELROY-I can say from an Engineering standpoint placing it on the southern parcel the one that is frontage along Honeysuckle would be compromised by the fact that there are two drilled wells just adjacent to that lot that serve the houses on Chestnut Lane. Plus you would have to pump to get over to that location. The same thing on the parcel to the west. SUPERVISOR STROUGH-If he develops either property he is going to be asking for variances... MR. MACELROY-Variances. SUPERVISOR STROUGH-There is also an issue with parking. There was that one cleared area where Mr. Cardona parks and that is it. MR. MACELROY-I should have known this. On the plan, you can even see where it says concrete slab. That has been a parking lot for the Hoppers. They were the former owners. Doris Hopper was an elderly woman. She lived there many years. She passed away last year. That is why the property went to sale. That is where the formal parking was. To some extent, I think they used certain grass parking on that parcel to the west. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 412 MR. CARDONA-That slab was kind of a carport years back. She used to park there all the time. I think, as she got older she took the path of less resistance and parked right in front of her front door for carrying groceries stuff like that. She abandoned that parking area. Consequently, it just grew over with grass. There are actually photographs I found some of it parking when she was parking there. SUPERVISOR STROUGH-If you are looking to develop the other three lots that is going to be a problem. You have parking. Trying to locate the septic system. If a septic system fails, where are you going to relocate it? You have plenty of property for one place. I could not see three places there, but I guess that is up to you. MR. CARDONA-I plan on reestablishing that parking area where the concrete slab is. Also on the other lot, there is kind of a parking lot in there that I have seen cars parked on. So there is plenty of parking around. For this particular parcel for 17 Honeysuckle, I would reestablish that concrete slab for a parking area and possibly a carport or something down the road. My intentions were to keep, obviously just keeping the septic system over where the existing one was. Another reason, too it is a higher elevation. I can start...absorption at a higher elevation than if I were to bring it into one of these other lots. It just seem the logical place to have built it. SUPERVISOR STROUGH-That is all fine. I am just a little bit worried about down the road. Perhaps you could fit another place on there if you consolidated the two properties. I am just thinking aloud. I am just thinking trying to put three residences on here would be problematic. I am just thinking in the future. Any other questions? COUNCILMAN MCNULTY-John as we said during the visit. I appreciate the neighbor's input in the letter. What worked on his property this gentleman owns the property. I am fine with the way this lays out. He has put the filter system on the water supply. Again, I appreciate the input, but I am happy with the way you have laid it out. SUPERVISOR STROUGH-Another question for Town Counsel. In the literature, I do not see it in the Resolution. In the literature, Dennis MacElroy said, due to the proximity of the onsite well and ultraviolet light disinfection unit will be required on the water supply line. Is that sufficient? TOWN COUNSEL, HAFNER-I have no problem with adding something to the Resolution to make sure that there is no question. I saw it on the plan. That it was part of the plan that they had. SUPERVISOR STROUGH-It is not on the Resolution. I did see it in the other paperwork. TOWN COUNSEL, HAFNER-I think putting it in the Resolution is perfectly fine. I can draft something. SUPERVISOR STROUGH-The applicant is fine with that I assume? MR. MACELROY-Yes. SUPERVISOR STROUGH-You do refer to that. I am trying to get as many questions answered before we go to the public hearing. Is there anybody present who would like to speak to this application? If so, indicate your interest. I will have the applicant and the applicant's Agent sit down, but I do not see anybody. PUBLIC HEARING OPENED No public comment PUBLIC HEARING CLOSED TOWN COUNSEL, HAFNER-How about something simple. Be it further, Resolved, this would add after the Resolved, with the four variances. Be it further, Resolved, that such variances are contingent upon the well and water supply located on the premises having a working UV disinfection system at all times. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 413 SUPERVISOR STROUGH-With that added language a motion to approve. RESOLUTION APPROVING STEVEN CARDONA'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE AND EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM IMPROVEMENTS RESOLUTION NO.: BOH 13,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Steven Cardona (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 to install a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 68' from the well instead of the required 100' setback; 2. Tank to be 8' from the foundation instead of the required 10' setback; 3. Wastewater Absorption Field to be 10' from the foundation instead of the required 20' setback; and 4. Wastewater Absorption Field to be 5' from the property line instead of the required 10' setback; on property located at 17 Honeysuckle Lane in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, February 28 h, 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, a change of deed for the Applicant's property occurred on or about November 21, 2021 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient; however, the proposed new system is not able to be completed within the required six (6) month time period due to the time of year and timing of permitting, and REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 414 WHEREAS, the Applicant has therefore applied for a timeline extension or until July 191', 2022 to install the system and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED,that 3. 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 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Steven Cardona for variances from the Sewage Disposal Ordinance to install a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 68' from the well instead of the required 100' setback; 2. Tank to be 8' from the foundation instead of the required 10' setback; 3. Wastewater Absorption Field to be 10' from the foundation instead of the required 20' setback; and 4. Wastewater Absorption Field to be 5' from the property line instead of the required 10' setback; on property located at 17 Honeysuckle Lane in the Town of Queensbury and bearing Tax Map Nos: 226.19-1-23, 24, 25, and BE IT FURTHER, RESOLVED, that such variances are contingent upon the well and water supply located on the premises having a working UV disinfection system at all times, and BE IT FURTHER, RESOLVED, that the Local Board of Health further authorizes and grants the Applicant additional time to obtain a certificate of compliance from the Town's Building and Codes REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 415 Enforcement Office as set forth in Chapter 137 to complete installation of the replacement wastewater system and extends the date on which the $2,000 escrow deposit the Applicants previously deposited with the Town be automatically forfeited to the Town until July 191h, 2022 and authorizes and directs the Building and Codes Enforcement Office to take any and all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:None PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF JEFF HOLE PUBLICATION DATE: FEBRUARY 18, 2022 AGENT, DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP, LLP AND JEFF HOLE SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. MR. MACELROY-As explained there is that little history of this property. The Markert's the previous owners have sold the property Jeff has acquired it. Because of knowledge of the proceedings prior to this and other applications and what not Jeff was interested in at least proposing to the Board a modification of the design that would include the Fuji Clean ETU a Pump Tank, an Absorption Bed System that would be the Infiltrator Chambers. It gives the ability to place the field under parking area aside from some of the other concerns. One of the concerns of the previous application was a loss of parking. This as you know out at the end of Cleverdale is a very tight location limited in terms of car parking and what not. Originally, I think when you saw it there was a trailer with a boat on it that sat in the parking spot that is exclusively on the property. With this proposal actually now we have two spaces on the north side of the house where the bed will be located. That is actually a bit of an improvement with parking. Also, we have added some field area along the westerly side of the house. It is between the house and the property line, which give a little bit more absorption field area. Also, being the Chambers System it can be parked over the asphalt into that area. I know one of the comments at our field visit was related it is not clearly shown on the plan. There a couple of storm drains that capture runoff from the roof. I talked to Jeff about that as being a solution to relocating those drains so that we would gutter that edge of the roof. Capture that runoff and take it down to a location that would be separate and away from these field areas and the house. That was a good comment. It is something that I thought previously, but we didn't necessarily show it on the Wastewater Plan. That certainly can be part of any condition of the application. I would just go on to say that nine variances catches your attention. Because of the location of the house and where the system has to be, we are bumping into property lines and house foundation, which does add to the numbers. The significant variance here is the setback to the lake. We have increased it slightly from what our previous application was it is at fifty-three feet. With the combination of the Fuji Clean ETU and the Chamber H2O loading traffic bearing dispersal field REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 416 area, I think that we have a system that is worth consideration. That is how I will explain it. I know Jeff has a few comments that he wants to make. JEFF HOLE-I am the current property owner of 390 Cleverdale. Thank you for the time this evening. I know you spent a quite a bit of time looking at the application and then the site visit. A few comments that I would just like to add. Certainly, Dennis and I spent a lot of time putting in a lot of consideration into what was possible and feasible given the constraints of the property. We looked at the research certainly in regards to the system itself, but also how it has been applied and used in situations like this. In looking at them and the research that was done in a project out at Skaneateles Lake. Having grown up on the Finger Lakes I know how important it is to protect the water source. We think we put an application forward that tries to address that within the limitations of the property and find the balance between the limits of the property. Leverage is the technology to its fullest to try and continue to protect and enhance the lake. I think we have seen the actions of this Board and its members as they try to balance those things as well so we are encouraged by those. As Dennis said given those actions, we thought it was perfect to come back and put this in front of you. I appreciate it again the time and consideration on this one. COUNCILMAN FREER-What is your adverse reaction to a holding tank? MR. HOLE-I think one of my concerns is the one raised around congestion at the end of the point. I think that truck will be backing down that road. I think it has been highlighted how tight it is in the summer. I have not been there for the summer yet. I have only been up a couple weekends so far. I do have a concern that it is going to be challenging to our neighbor to the south.... I think the congestion of that truck and the pollution of that truck the limitations of the holding tanks those are all real concerns. COUNCILMAN MCNULTY-We have also discussed Harrison every time I go out with you I learn something that the holding tanks are not the panacea that everyone talks... You mentioned the carbon footprint. The trucks actually coming up and down that road would probably would be worse off for the environment than the system that he has put in. This is actually going to replace a system that is failing if I understood you correctly, right? COUNCILMAN FREER-The challenge we have the overall carbon footprint verses the lake protection. A holding tank...holding tank protects the lake, but then there are other considerations. That is why I asked the question. My second question is I believe there is some requirement for some kind of rain garden. If you are spouting all that westerly roof on your property, which you have to do and give it a chance to seep into the ground. I think there is a flat spot there John that you pointed out that made a perfect opportunity for that. I just realized that the stormwater is supposed to go somewhere on your property and not river into the lake. SUPERVISOR STROUGH-There appears to be a low spot when you look at the road it pitches in this direction. The road itself has concaveness. It appears that some of the roads stormwater and that is why Harrison and I were talking about a rain garden on the north side of the house that is not just the roof. There is stormwater that is coming from the road. Aside from the septic system that some kind of design of the parking area be so that it conveys this to that retention that rain garden or retention area over on the north side it appears to be a grassy place. MR. MACELROY-Getting to it is the challenge. Capturing that road runoff from the Town's road. I think it can be accomplished by directing that to a graded catch basin. Connect into the roof...that is coming off of the house and bringing it down to that lower area and discharging to that and adding a rain garden or some sort of subsurface area. SUPERVISOR STROUGH-Jeff comes to it with fresh eyes as far as a new owner on a new property where sometimes existing ones just kind of deal with it. SUPERVISOR STROUGH-We are all dealing with the sins of the past. The fact when we put the road in, put the house in, they didn't design the road to accept and retain put it in a basin the stormwater, which they probably should have. Seeing where the house is, where the septic system is proposed does not leave much room for the Town to put anything in. The best thing would be to design a kind of conveyance system over to a retention area as you also agreed to. I think it is in your best interest because otherwise you are going to have water problems. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 417 MR. HOLE-It is one of the first things we recognized that the property just even the roof line to your point and the road runoff was a concern for the home itself regardless of the septic system. We had already been working on the plans to address that exact issue. SUPERVISOR STROUGH-Sometimes the pavement, which isn't in very good condition, is indication that there is a water problem there. If we address it now the condition of your property, the condition of your parking area should all remain better going forward. COUNCILMAN MCNULTY-Do we need to add the language about the stormwater or is that something that you are going to put in Dennis? TOWN COUNSEL, HAFNER-That is going to be my question. COUNCILMAN FREER-That is our question to you. TOWN COUNSEL, HAFNER-My recommendation would be it sounds like a complicated series of things that we are asking to do. I think I would ask Dennis to provide us with what he is understanding that to be. We can put it in a Resolution for you to face when you have a chance to look at that. SUPERVISOR STROUGH-Technically we are only looking at the proposed septic system. MR. MACELROY-And variances for that. TOWN COUNSEL, HAFNER-Many of them run around water going into the lake. SUPERVISOR STROUGH-I know. We are not the Planning Board. MR. MACELROY-What I would suggest or hopefully would be a solution. You issued the variances. If those are approved then the next step is to provide an actual design application to John O'Brien's Office. With that, it would have components on here that we speak up that are stormwater related. They are somewhat directly related the ability to put the system in this way. I think that is where it can be done and it would be subject to Town review at that point. At that level, which would have a few stormwater components. SUPERVISOR STROUGH-Stormwater program subject to Building and Codes approval. COUNCILMAN FREER-If they want to get the Planning Board's advice they can right? SUPERVISOR STROUGH-If he is going to make any alternations to his house he is going to have to before the Planning Board. TOWN COUNSEL, HAFNER-So contingent upon what? It sounds like a stormwater system, which would reserve this Swale area as a stormwater treatment area. MR. MACELROY-Contingent upon submittal of a design plan that includes design components for stormwater management for areas related to the proposed wastewater system. SUPERVISOR STROUGH-Stormwater Collection and Conveyance Management Program that would help protect property and the environment. MR. MACELROY-Subject to review and approval by Town of Queensbury Building and Codes Department. SUPERVISOR STROUGH-George do you have any questions at this point? COUNCILMAN FERONE-No thank you. SUPERVISOR STROUGH-We did received two letters. Correspondence from Robert and Sue Morris and Jason Gottlieb submitted on February 28, 2022. (On file in Town Clerk's Office) I will open the public hearing. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 418 PUBLIC HEARING OPENED SUPERVISOR STROUGH-One for and one against. One is from Jason Gottlieb and his wife Trisha on 389 Cleverdale Road, across the street from Jeff Hole. We have strong support. He basically says because of the strict technological and design standards and the ETU System and the efforts there, he is comfortable with what is being proposed. We have another one from Robert Morris. He is in Florida and he has home at 371 Cleverdale Road. He gets his drinking water directly from the lake. It is a very tiny piece of property he feels that holding tanks are the only reasonable solution. Any other questions? COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Is there anybody from the public present who wish to speak? PUBLIC HEARING OPENED JASON GOTTLIEB, 389 CLEVERDALE ROAD-Thank you for referencing my letter. I appreciate you reviewing this application. I wanted to just further...on that letter. I want to reinforce the question that was asked about the holding tank. Having lived at 389 Cleverdale Road for ten years, I can attest to what Mr. Hold was stating about having these very large trucks come up and down the road. It is very disturbing. They are very loud. They obviously have a very large carbon footprint. There are several houses that have holding tanks. These trucks are interacting with walkers,joggers, bikers, dog walkers so it is not safe. I think that for that reason I definitely would not want to support a holding tank. I do think the Board did a fantastic job in looking at the Lambert property. As I mentioned in my letter I grew up on Rockhurst two doors down. My grandfather built a house two doors down and we owned it in the family up until two years ago. I spent a ton of time on the Lambert property. While no two properties on the lake are exactly alike the setbacks between the Hole's and the Lambert's is substantially similar. Mr. MacElroy's point that is the main issue that I think we are all facing right now maintaining the water quality while providing some relief from nonconformity. I do commend the Board for the decision that they made on that. I think it was very forward thinking. I think it struck the right balance. SUPERVISOR STROUGH-Thank you Mr. Gottlieb. Anybody else present? The applicant and the applicant's Agent can return to the table. I do not see anybody expressing an interest to discuss this particular application. I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Town Counsel can you... TOWN COUNSEL, HAFNER-I will read you what I have written. You can tell me if it is consistent with what the Town Board is envisioning. It would be after the Resolved that has all nine variances. Be it Further, Resolved, that such variances are contingent upon submittal of an acceptable design plan providing a stormwater conveyance and management plan relating to the wastewater system that must be reviewed and approved by the Town Building and Codes Enforcement Officer. COUNCILMAN MCNULTY-Thank you. I appreciate the consideration. SUPERVISOR STROUGH-With the Resolution as amended is there any Town Board member that wants to put forward a motion to approve. RESOLUTION APPROVING JEFF HOLE'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 14,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 419 WHEREAS, Jeff Hole (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system with certain of its components proposed to be located as follows: 4. absorption bed to be 53' from Lake George in lieu of the required 100' setback; 5. pump tank to be 30' from Lake George in lieu of the required 50' setback; 6. Enhanced Treatment Unit (ETU) tank to be 32' from Lake George in lieu of the required 50' setback; 7. absorption bed to be 2' from the north property line in lieu of the required 10' setback; 8. absorption bed to be 1' from the west property line in lieu of the required 10' setback 9. absorption bed to be 2' from the south property line in lieu of the required 10' setback 10. absorption bed to be 2' from the foundation in lieu of the required 10' setback; 11. sewer line to be 1' from the property line in lieu of the required 10' setback; and 12. sewer line to be 3' from the foundation in lieu of the required 10' setback; on property located at 390 Cleverdale 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 variance requests on Monday, February 28 h, 2022, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 5. 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 6. 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 REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 420 Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Jeff Hole for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with its components to be located as follows: 1. absorption bed to be 53' from Lake George in lieu of the required 100' setback; 2. pump tank to be 30' from Lake George in lieu of the required 50' setback; 3. Enhanced Treatment Unit (ETU) Tank to be 32' from Lake George in lieu of the required 50' setback; 4. absorption bed to be 2' from the north property line in lieu of the required 10' setback; 5. absorption bed to be 1' from the west property line in lieu of the required 10' setback 6. absorption bed to be 2' from the south property line in lieu of the required 10' setback 7. absorption bed to be 2' from the foundation in lieu of the required 10' setback; 8. sewer line to be 1' from the property line in lieu of the required 10' setback; and 9. sewer line to be 3' from the foundation in lieu of the required 10' setback; on property located at 390 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.8-1-7, and BE IT FURTHER, RESOLVED,that such variances are contingent upon submittal of an acceptable design plan providing a stormwater conveyance and management plan relating to the wastewater system that must be reviewed and approved by the Town Building and Codes Enforcement Officer, and BE IT FURTHER, RESOLVED,that the Enhanced Treatment Unit(ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 421 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 review by the Adirondack Park Agency during such period. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT:None RESOLUTION GRANTING RENEE DESORMEAU WEST AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 79 KNOX ROAD RESOLUTION NO.: BOH 15,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No. 380,2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176,2019,the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47,2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by letter dated February 14, 2022, Thomas West, Esq., on behalf of Renee Desormeau West (Applicant) advised that due to winter conditions, Applicant has been unable to REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 422 arrange for completion of the upgrade/replacement of the existing septic system on Applicant's property located at 79 West Road in the Town of Queensbury(Tax Map No.: 239.7-1-16)by March 10, 2022 and therefore, Applicant has requested that the Town Board grant additional time to complete such work and extend the date on which the $2,000 escrow deposit Applicant previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Acting Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension to September 10, 2022, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Renee Desormeau West additional time or until September 101h, 2022 to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 for completion of the upgrade/replacement of the existing septic system located on her property located at 79 Knox Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically forfeited to the Town until such date of September 10'', 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Acting Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that such extension of time to remedy the defective or failing system is contingent upon this property not being used for a rental until the replacement system is duly installed. Duly adopted this 281h day of February, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN MCNULTY-It is appropriate to add the comment we made last week about short-term rentals? Until this is fixed, the property cannot be used for short-term rental. SUPERVISOR STROUGH-I do not see why not. COUNCILMAN MCNULTY-We have given them six months to make the fix. It is through the season. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 423 SUPERVISOR STROUGH-There is something about the current system that is unacceptable that is why they need to replace it. You are saying that it is an unacceptable system and they should not be using it especially in a way that might stress it, which short-term rental situations can do to septic systems. COUNCILMAN MCNULTY-I think that would be consistent with the property. SUPERVISOR STROUGH-I think Harrison had that thought before in another one, right? COUNCILMAN FREER-It was two separate facilities. COUNCILMAN MCNULTY-It was the house and the garage, right? COUNCILMAN FREER-The house and the garage. I do not know if these people rent or not. If there are renters there verses family there, I am not sure there is much of a difference. I asked Dave Hatin about this Friday his last day on the job. We do not have it in our system to have any repercussions of failure. Either way I am okay with it. I am just saying that I want to have full disclosure. The other one it was clear that the garage and the two bedroom was going to be a rental and that the house was going....I am not sure about this one. COUNCILMAN MCNULTY-I see that it was...fixed in March now they are asking for September so that is through the rental season. I would like consideration given by the Board to preclude it being used for a rental during that period. If they want to move up the period of when they fix it they have that opportunity to do that as well. SUPERVISOR STROUGH-Would the Town Board be more comfortable if we had Town Counsel put in language saying, yes, we are willing to extend it until September 10,but you may not rent the facility until after you get the replacement system in. The sooner they get it in the sooner they can rent it out, right? COUNCILMAN METIVIER-That seems fair. Can we do that though because this is an extension? SUPERVISOR STROUGH-This is an extension to September. TOWN COUNSEL, HAFNER-Let me propose some language. SUPERVISOR STROUGH-Okay. If they got it done in June... COUNCILMAN METIVIER-I understand that. I am just saying that because we granted them one extension. No we did not grant them one extension this is the first one never mind. TOWN COUNSEL, HAFNER-It would be at the end we would just add a Resolved. Be it Further, Resolved that such extension of time to remedy the defective or failing system is contingent upon this property not being used for a rental until the replacement system is duly installed. SUPERVISOR STROUGH-I will entertain a motion as amended. RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION BOH 16, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 281h day of February, 2022 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 424 ABSENT:None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MINUTES) No public comment 3.0 RESOLUTIONS RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR TRUCK FOR WATER DEPARTMENT RESOLUTION NO.: 96,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Water Superintendent has advised the Town Board that he wishes to advertise for bids for the purchase of a 2022 or newer 3/4 ton pick-up truck for the Water Department to replace a year 2012 Dodge Ram 2500 (Town Asset No.: 8974), such new truck to be described in bid documents/specifications to be prepared by the Water Superintendent and/or Town Purchasing Agent, and WHEREAS, the Town wishes to purchase the truck through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2022 or newer 3/4 ton pick-up truck to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the truck as described above in the official newspaper for the REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 425 Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open,read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR TRUCK FOR TRANSFER STATION DEPARTMENT RESOLUTION NO.: 97,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Transfer Station Supervisor has advised the Town Board that he wishes to advertise for bids for the purchase of a 2021 or newer one (1) ton, four (4) wheel drive dump truck with a plow for the Transfer Station Department to replace a year 2007 Chevy Silverado (Town Asset No.: 8709), such new truck to be described in bid documents / specifications to be prepared by the Transfer Station Supervisor and/or Town Purchasing Agent, and WHEREAS, the Town wishes to purchase the truck through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 426 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2021 or newer one (1)ton, four(4)wheel drive dump truck with a plow to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the truck as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open,read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION AUTHORIZING AND RATIFYING AGREEMENTS BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION-WARREN COUNTY FOR: 1) 01/01/2021 —06/30/2021 AND 2) 07/01/2021 —06/30/2022 RESOLUTION NO. 98,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC's Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 427 maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC's important mission to improve employment opportunities and economic development in the Town and therefore wishes to enter into an agreement with EDC, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the Agreements with the Economic Development Corporation-Warren County in substantially the form presented at this meeting for the period(s)of. 1)01/01/2021 —06/30/2021 with funding in the amount of$57,000; and 2) 07/01/2021 —06/30/2022 with funding in the amount of$114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreements in substantially the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28 h day of February, 2022 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None RESOLUTION AUTHORIZING 2022 FUNDING TOWARD VILLAGE OF LAKE GEORGE STUDENT CONNECTION OFFICE RESOLUTION NO. 99,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by prior Resolution the Queensbury Town Board authorized a Memorandum of Agreement between the Town and the Village of Lake George concerning Lake George Village's creation of the Student Connection Office in Lake George Village to assist students in REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 428 employment matters and appointed Town Councilperson Anthony Metivier to the Student Connection Board, and WHEREAS, the Town Board wishes to authorize $3,000 in funding toward the Student Connection Office for 2022 contingent upon approval of the 2022 Jl Visa Travel and Work Program, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs funding in the amount of$3,000 toward Lake George Village's Student Connection Office to assist students in employment matters contingent upon approval of the Jl Visa Travel and Work Program for 2022 and further authorizes and directs the Town Supervisor to sign any needed Student Connection Agreement between the Town of Queensbury and Village of Lake George Village in form acceptable to the Town Supervisor, Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to arrange for payment from the Community Service Contracts Account No.: 001-8989-4414 and take any other necessary actions including Town Budget amendments and/or adjustments, and BE IT FURTHER, RESOLVED,that the Town Board further affirms its appointment of Councilperson Anthony Metivier to the Board of the Student Connection to serve at the direction of the Town Board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Councilperson Metivier and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 241h day of February, 2022 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 429 ABSENT:None DISCUSSION HELD BEFORE VOTE: COUNCILMAN METIVIER-Noted that is not really a Board of Directors asked if this should be taken out? SUPERVISOR STROUGH-Will that make a difference Bob? If you are not sure we then we can cross out Board of Directors, Board of Trustees, Advisory Board or whatever. COUNCILMAN METIVIER-Advisory Board. TOWN COUNSEL, HAFNER-So just call it Board cross out Directors. COUNCILMAN METIVIER-Do I have to abstain from that? TOWN COUNSEL, HAFNER-Are you being paid? COUNCILMAN METIVIER-No. TOWN COUNSEL, HAFNER-Then no. RESOLUTION AUTHORIZING PURCHASE OF TWO HP DESIGN JET SD PRO 44"POSTSCRIPT PRINTERS -ONE FOR BUILDING& CODES ENFORCEMENT DEPARTMENT AND ONE FOR RECORD MANAGEMENT'S OFFICE RESOLUTION NO.: 100,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Department of Building and Codes Enforcement is in need of an HP Design Jet SD Pro 44"Postscript Printer(Printer)to replace its current large format printer/scanner as it is beyond repair and has been a tremendous asset to the office as it scans in commercial and building plans, and WHEREAS, the Town Clerk on behalf of the Record Management's Office also has such a need, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to"piggyback"off an existing County/State Bid and National Business Equipment is a participating member with Omnia Partners, a cooperative municipal purchasing program, and WHEREAS, National Business Equipment has provided the Town with a Quote dated February 16'', 2022 for an HP Design Jet SD Pro 44" Postscript Printer in accordance with Omnia Partners pricing (National IPA Contract MPS 4: R171402) for the amount of$17,675,plus a$1,000 connectivity charge and$3,975 on-site five(5)year warranty, and REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 430 WHEREAS, in this instance, the Town Board wishes to "piggyback" with the cooperative, municipal purchasing program Omnia Partners and authorize such purchases, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Building and Codes Enforcement Department and the Town Clerk on behalf of the Record Management's Office to purchase HP Design Jet SD Pro 44" Postscript Printer(s) to replace the Town's current printers/scanners from National Business Equipment in accordance with Omnia Partners pricing (National IPA Contract MPS 4: R171402)each for the amount of$17,675 plus a$1,000 connectivity charge and $3,975 on-site five (5) year warranty, to be paid for from Office Equipment Account No.: 001-3620-2010 and Misc. Equipment Account No.: 001-1460-2001, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer $45,300 from Unappropriated Undesignated Fund Balance 001-0000- 0909 to: 1) $22,650 - Office Equipment Account No.: 001-3620-2010; and 2) $22,650 - Misc. Equipment Account No.: 001-1460-2001 and take all other actions necessary to effectuate the purchases, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Acting Director of Building and Codes Enforcement, Town Clerk, Town Budget Officer and/or Purchasing Agent to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None DISCUSSION HELD BEFORE VOTE: Town Board discussed adding an additional purchase of a printer for Town Clerk's Office. After further discussion,the following language was added to the Resolution. TOWN COUNSEL, HAFNER-In the heading Resolution Authorizing Purchase of HD Printers one for Department of Building and Codes Enforcement and one for Town Clerks Office. We would add a second Whereas. Whereas,the Town Clerk Office also has such a need. We would change what is currently the forth Whereas to make purchase at the end plural. In the Now, Therefore Be It, in the first paragraph we would change to replace the Town's current printers/scanners. At the beginning it would say, Resolved, that the Queensbury Town Board hereby authorizes the Building and Code Enforcement Department purchase and the Town Clerk's Office purchase each of HD Design Jet 44" Postscript Printer to replace the Town's current printers/scanners from National Business Equipment in accordance with Omnia Partners pricing. The next Resolved, it will be authorizing the Town Board to direct the Town's Budget Officer to amend the Town Budget. I think we cross out the second Officer,to transfer$45,300,which would be twice the number. I am assuming it is coming from the REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 431 same balance. I think we should let it be understood that if the Town Budget Officer needs to have it come from a second account if it is the Town Clerk's Office that she is authorized to do so. The only other change at the last Resolved, after Acting Director of Building and Codes we would add the Town Clerk, so that if she has to do things she can work with the people selling it. I think this is the simplest way to do it. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TOWARD THE TOWN'S SOLAR AND ELECTRIC/PLUG-IN-HYBRID VEHICLES COMMUNITY CAMPAIGNS AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT FUNDS RESOLUTION NO.: 101,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 71,2019, the Queensbury Town Board adopted the New York State Climate Smart Communities pledge, and WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) is sponsoring and providing local governments opportunities to earn credits for NYSERDA'S Clean Energy Communities Campaigns for Solar and Electric/Plug-In-Hybrid Vehicles (EV/PHEV), and WHEREAS, the Town Board believes that well-organized, community-scale campaigns can: 1) effectively encourage adoption of new, innovative technologies to generate value and savings for consumers while advancing New York's clean energy goals; 2) promote program opportunities including community solar, clean heating and cooling and energy efficiency; 3) provide consumers with increased access to clean energy; and 4)bring together groups of potential customers through widespread outreach and education; and WHEREAS, by Resolution No.: 253,2021, the Town Board authorized completion and submission of the Town's Community Campaigns Scoping Document to NYSERDA relating to NYSERDA'S Clean Energy Communities Campaigns for both Solar and Electric/Plug-In-Hybrid Vehicles (EV/PHEV) and provided that if NYSERDA approved the Scoping Document, further authorized and directed initiation of the Town's Community Campaigns and the Town Supervisor, Town staff and/or Town Clerk to take such other and further actions as may be necessary, and WHEREAS,NYSERDA has accordingly awarded the Town a total of$10,000 in grant funds toward these Community Campaigns - $5,000 for the Solar Campaign and$5,000 for the EV/PHEV Campaign, and REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 432 WHEREAS, the Town Board wishes to accept such grant funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the grant application and acceptance of$10,000 in grant funding from the New York State Energy Research and Development Authority(NYSERDA) -$5,000 for the Town's Solar Community Campaign and $5,000 for the Town's Electric/Plug-In-Hybrid Vehicles (EV/PHEV) Community Campaign - as described in the preambles of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board further establishes appropriations and estimated revenues as follows: • Increase Appropriations in Account No.: 219-8030-4400 by $10,000; and • Increase Revenue in Account 219-0000-53910 by $10,000; 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 and transfers, and/or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed grant agreements and/or documentation and the Town Supervisor and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None RESOLUTION TO AMEND 2021 TOWN BUDGET RESOLUTION NO.: 102,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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, REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 433 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 2021 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1620-4820 Uniforms 001-1650-4100 Telephone 400 001-3020-4400 Misc. Contractual 001-1680-4400-217 Misc. Contractual 10,000 Computer 001-1680-2031 Hardware 001-1680-4400-217 Misc. Contractual 2,500 Duly adopted this 28 h day of February, 2022 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS—WARRANT: 03012022 RESOLUTION NO.: 103, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 03012022 with a run date of 02/24/2022 and a payment date of 03/01/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 03012022 with a run date of 02/24/2022 and a payment date of 03/01/2022 totaling $541,455.66, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 434 RESOLUTION NO.: 104,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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: digital road sign Highway 9527 John Deere dl 10 mower Recreation 9359 golf cart Recreation 8959 John Deere d125 mower Recreation 9242 2012 Ford F350 Recreation 8967 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: REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 435 digital road sign Highway 9527 John Deere dl 10 mower Recreation 9359 golf cart Recreation 8959 John Deere d125 mower Recreation 9242 2012 Ford F350 Recreation 8967 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(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. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None 4.0 CORRESPONDENCE None 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) No public comment 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) • Spoke regarding the mask mandate for children noting that it will be lifted on Wednesday. Noted the need for people to be kind to each other and let each person make their own decisions. I hope that as we move into the next phase of this we can just let people do their thing. • Praying for the people in Ukraine and for the people in Russia who do not want to see this happen. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 436 • Thanked the Highway Department for a job well done during the recent snowstorm. COUNCILMAN FREER(WARD II) • Echoed Councilman Metivier sentiments regarding Ukraine. I hope that there is not a cyber- war with the outcome of this. Cyber carefulness deserves heighten attention based on lots of things going on in the World. • Spoke regarding the Climate Change Report noting it painted a dire picture. • Spoke regarding the Audit Bills that they received online. We saved a bunch of paper. I think it is a start to moving more into the digital world. • Spoke regarding updates of the Comprehensive Land Use Plan. • Spoke regarding short-terms rentals. We are doing a good balance so far. I think we are establishing ourselves as trying to listen and take input we will see where this goes. We expect that the Draft Amended Ordinance will get to us by the end of this week. Then we will have to establish a public hearing date. I am suggesting that we do two. One at a Workshop and one in the evening so people can have plenty of opportunity. We will not even establish those public hearing dates until we get a chance to make the revised Ordinance available to the public. COUNCILMAN FERONE(WARD III) • Echoed Councilman Metivier sentiments regarding Ukraine. COUNCILMAN MCNULTY(WARD IV) • Spoke regarding short-term rentals. • Spoke regarding EMS. We had a very good meeting with North Queensbury last week in terms of moving forward. It was a good discussion. They are going to come back to us with a proposal. I appreciated the dialog. • Spoke regarding the West Mountain Expansion. Spencer Montgomery sent out a note to us. I will follow up with him. I would like to get the residents of Bedford Close and West Mountain to have a role in this as well or at least have discussions with them. I will reach out to him and find out what his intent is. • Echoed Councilman Metivier sentiments regarding Ukraine. It might be prudent for our residents to keep a couple dollars at home in case we have cyber-attacks and ATM's start going down or some water in case we have water issues. I am not seeing any of that now. It is just those prudent things that you do as part of the winter preparations that might be a good thing to do now. SUPERVISOR STROUGH • Spoke regarding taking courses regarding Cannabis Regulations and Cyber Security on what to look for and what to expect. New York State puts out New York State Association of Counties Cyber Attack on what Town's should look for to be prepared. I sent that out to everyone. I talked to StoredTech noting there are some things that I think the Town should pursue. We should design a backup plan and do a tabletop exercise to see if it will work at least in theory. We will work on this. • Spoke regarding the Warren County Tourism Pamphlet. Joanne Conley and her staff put out a very good pamphlet. It is also available on online. REGULAR TOWN BOARD MEETING, 02-28-2022, MTG46 437 • One of the things that I enjoy doing is helping to present to the Eagle Scouts in our region some recognition of their fine efforts. Becoming an Eagle Scout is not an easy task. Peter Stec was one of them. I was very pleased to go to that last weekend. Our area puts out a lot of good young people. • Thanked everyone for attending. Thanked Town Counsel, Robert Hafner. Thanked Karen O'Brien, Deputy Town Clerk. Thanked the Town Board and Public. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 105,2022 INTRODUCED BY: Mr. Tim McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 28 h day of February, 2022, by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O'BRIEN, DEPUTY CLERK II