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03-21-2022 MTG#9 Regular Town Board Meeting, 03-21-2022, MTG 99 464 REGULAR TOWN BOARD MEETING MTG#9 MARCH 21, 2022 RES. #117-134 7:00 P.M. BOH #22-27 TOWN BOARD MEMBERS PRESENT SUPERVISOR STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL JACQUELYN POULOS WHITE, ESQ. PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARRISON FREER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 117, 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 Regular Session and enters into the Queensbury Board of Health. Duly adopted this 21" day of March, 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 CHRISTOPHER AND EVA DETMER PUBLICATION DATE: MARCH 11, 2022 NO ACTION TAKEN SUPERVISOR STROUGH-Alright, Christopher and Eva Detmer of 70 Brown's Path, or at least they own that and that's where the property is. They are looking at installing a leaching system 70.2 feet from the wetland in lieu of the required 100 foot setback on property located at 70 Brown's Path. There is a public hearing on this tonight. It's a United States Army Corps of Engineer jurisdiction wetland. The agent is David Bogardus. Is the agent here tonight, Northeast Land Surveying? TOM KUBRICKY-No, I am representing him, he couldn't make it. SUPERVISOR STROUGH-Okay, well would you please come forward and identify yourself for the record at the table here in case the Town Board has questions and I am sure they do. TOM KUBRICKY-Tom Kubricky, 80 Oak Valley Way. Regular Town Board Meeting, 03-21-2022, MTG 99 465 SUPERVISOR STROUGH-Alright, Tom, can you tell us anything more about this than what I have already said. MR. KUBRICKY-Chris has owned the lot for ten to fifteen years and he wants to build now. When they cleared the lots they left piles of dirt pushed up in a pile on the property, his property. Over the years they did not do anything with that it, it just kind of sat there. The Army Corps of Engineers and DEC and all them guys are afraid to build on it. It was passed as a building lot. There's two building lots left down there on Brown's Path, one Dean Beckos owns and the other being Detmer. He wanted to put a septic in and due to your laws, it would infringe on a little knob right there. The Army Corps said that if you didn't grant a waiver for it, the next step would be to take a piece and move it over. That's really about it. SUPERVISOR STROUGH-We do have a public hearing but prior to my opening the public hearing on this application, are there any Town Board member questions of the agent for the applicant? COUNCILMAN MCNULTY-Well, John just for the record I think we need to acknowledge that we received a letter from the attorney for the Barton's,just so it's on record. I think we all got copies of it,just so we acknowledge it which brings up a number of concerns and I will leave it to you more experienced gentlemen in terms of the process, in terms of what we approve now or what we can put off having answers to some of these other questions that were raised. SUPERVISOR STROUGH-Tom are you aware, we got it the last minute, literally, two hours ago. COUNCILMAN MCNULTY-It was this afternoon. MR. KUBRICKY-Chris has been working on it for a while but now he is getting... SUPERVISOR STROUGH-Well this is from, there is technical concerns, legal concerns, conclusion and it's signed by Thomas Ulasewicz and Michael Crowe and it's from the firm Fitzgerald, Morris, Baker and Firth. They represent Charles and Kim Barton the adjoining landowners, they reside at 66 Brown's Path. They talk about a stream that runs through the north and eastern portions of the Detmer property and it's on the National Wetland Inventory. They're concerned about potential impacts from this variance application, as well as the overall development proposal which is not before us. The only thing before us is the septic system. Then they talk about the site plan and the delineated wetland, ALOE. They couldn't find it on the site plan and they go on. They're just not happy with this particular application. There appears to be a response to that but like I said I have not had a chance to review all of this yet either. I don't know of any Town Board Member has had. And it's a letter to, Dear Thomas, it's in reference to 70 Brown's Path and it talks about the wetlands and the stream and so forth. Anyhow, we'll open the public hearing. I don't know if we're going to be able to act on this application since there is information before us we haven't had time to process. But anyhow, we're going to listen and see what any of the public has to say and the agent. See what the agent has to say, that being you in this case, lucky you. So, if there is nothing else, if you will sit down Tom please. SUPERVISOR STROUGH-Any member of the public wish to speak to this, please come forward and identify yourself for the matter of the record and share your thoughts with us. MIKE CROWE-Good evening Town Board Members. My name is Mike Crowe, I am an attorney with Fitzgerald, Morris, Baker and Firth on behalf of the Barton's. And yes, you did receive the letter from Tom Ulasewicz and myself earlier today. I have not seen a response to it and Jackie, I don't know if you got it. TOWN COUNSEL JACQUELYN POULOS WHITE-I have not seen it yet, no. MR. CROWE-Yes, Supervisor as you summarized, we do have some concerns with the variance application. I am not going to reiterate everything that's written down in the letter. Like I said, I have not seen what the response to that was. But, it's right off the bat part of the concern is that what you're being asked to do tonight or with this variance is to site a septic system for an Regular Town Board Meeting, 03-21-2022, MTG 99 466 unapproved site plan and a building and a structure. The structure and the house that we're looking to have the septic tied to would in itself still have to go through a variance and an approval process. So in essence, the way that I see it is we're putting the cart before the horse in this proceeding. We don't know, at least from what we can tell in the application materials the number of bedrooms that are going to be proposed for this structure which directly relates to septic. The location of the house on the property is going to require a variance and all of you having been on Land Use Boards, when an application comes in and when it goes out and gets approved, it can look very different from start to finish. So, to say right now that we're going to tie in a thirty percent variance for this site of this septic, when we don't even know yet the particulars of the structure that is going to be used for or where it's going to be located or the variances in the conditions that are going to be tied to the actual residence. You're in the first place I guess being put in the position of saying, well it's going to have an approved septic system, whatever gets passed by the other Boards or whatever doesn't get passed by the Boards or whatever gets a conditional approval from the other Boards, and so it seems to me as though the process should be started in reverse. You should have already in front of you what's been approved by the ZBA. You should have what's been approved for the Site Plan and then knowing the square footage, knowing the number of bedrooms, knowing exactly where the house is going to be, then you can take a look at what you are being asked to do. At this point in time, I'd say I guess the only engineering review that I've seen of the application was that of the Barton's engineer, which raises some concerns, raises some questions about this thirty percent variance application. And so without those concerns being addressed and again I don't know what's in the correspondence that you received later this afternoon but without those being addressed to your satisfaction, I would say at the very least the Town's Engineer needs to take a look at it or the applicant has to have an engineer to address the issues that we raised and like I said, I won't go through everything. As the applicant stated or the agent for the applicant stated, it sounds like there could be some alternatives to what they are proposing. I think that's worthwhile to consider. This is a difficult parcel and that's obvious just from looking at that survey but the fact that it's a difficult situation, doesn't mean that the variance should be granted, that's not the only consideration in whether or not a variance is appropriate. I assume that every application you get for a variance is based on a difficult set of circumstances and so I believe from your perceptive of making an informed decision with information presented from both sides or like I said, from your engineer. It's a matter of right now gathering more information, getting answers to some of the questions and again as I would suggest I think this Board needs the final set of approvals from the ZBA and Planning Board before you actually know what you are approving. And with that, we do have a few other neighbors who would like to say a few words starting with Mr. Barton. CHUCK BARTON-Good evening. My name is Chuck Barton. My wife and I are here. We live at 66 Brown's Path, the property adjacent to the applicant. We moved, we bought the property back in 2007. I will say that the letters you have received, there might be a misunderstanding. We received notice about this a week and a half ago and the following Monday, a week ago today, I had my engineering firm do the analysis on the site and then this morning the attorney wrote a letter. So those two letters are actually from representatives of my wife and I, one technical and one from our attorney. I'll start by saying, the developer is a friend of mine and when he told me he was going to develop the site, I explained that over the years we've seen numerous people come through and try to figure out how to develop this site. The site is a very irregular site and they've all left frustrated. This developer felt as if he had the plan and I said that's wonderful, let's just make sure that it abides by all the rules. When we received notice that the site was going to be proposed to have the septic variance decided to go deep and do the engineering analysis and as you have already heard and seen in the letter that's been written, there is a lot of deficiencies, both with the request for this variance and then there will probably be needs for other variances also. Until a plan is presented that is a proper plan, my wife and I are obviously against this project and against this variance request. So with that, I'd be happy answer any questions. COUNCILMAN FREER-This is your chance. We've got to let everyone come. We're not going to ask you any questions. MR. BARTON-Okay, thank you. SUPERVISOR STROUGH-Thank you. Regular Town Board Meeting, 03-21-2022, MTG 99 467 ANTHONY SPERO-Hello, my name is Anthony Spero and I live at 62 Brown's Path and I live right next to the Barton's. We have been there for five years now in the neighborhood. And I would agree, I did not think the lot was actually buildable when we first moved there, to be honest with you,just the way that it's structured. It's a very awkward, sort of narrow lot. We are concerned about the stream that is in the back. This is a flowing stream that flows year round not just during the wet season. There is significant wildlife that does access that stream as well. We are concerned about the septic obviously, we have three young boys that are in that neighborhood and you know concerned about that. That lot sits at the very bottom. We're at the very top of that neighborhood so as I think about when we get heavy rainstorms or a lot of precipitation, it all flows into that one lot. So we do think about the stream, we think about the wetlands and we think about where does all that runoff go, as soon as we start to develop that. We're concerned about it, we're not against any sort of development. There are two lots that are there. We do think something needs to be there at some point but we don't think that lot is where they should be building so we would be against it. SUPERVISOR STROUGH-Alright, thank you. ERIC TROELSTRA-Good evening. My name is Eric Troelstra. I live at 46 Brown's Path. I've been at that residence for almost four years. Quite frankly and this is the first that I have read of all the details of the project. I am aware of the parcel. I have not walked the parcel but I have seen it from the street level. I have quite a few concerns about the capability of it to be developed. I am here to basically support all my neighbors and I am against the project as it stands right now. SUPERVISOR STROUGH-Eric, would you mind telling me again what your address is on Brown's Path. MR. TROELSTRA-46 Brown's Path. SUPERVISOR STROUGH-Thank you. MR. TROELSTRA-So at this point I am here as a supportive neighbor. SUPERVISOR STROUGH-Supportive of what the others have said. MR. TROELSTRA-Yes, exactly. SUPERVISOR STROUGH-Ok, thank you. MR. TROELSTRA-You are welcome. Thank you. SUPERVISOR STROUGH-Anybody else? Anybody online? COUNCILMAN MCNULTY-No hands raised. SUPERVISOR STROUGH-Tim, I am going to use you again, thank you. I do have a set of plans that I received tonight that does show the proposed location of a garage and a one-story house with a footprint area of 2,200 square feet, the lands of Christopher and Eva Detmer. All right, so we've gotten a lot. Tom, do you wish to please come forward? MR. KUBRICKY-I just want to reiterate that this project, everybody has seen the house plans. The plans have all been at the Town of Queensbury for at least six to seven months and we hired many Engineers to go up there and lay this out. We are here not to ask for approval to build a house. We're here strictly for just a variance for a septic system. The size of the house is irrelevant at this point. That isn't what the Board is voting on at this point. The house, I mean there's two lots down there. You have this lot assessed at, I don't know, sixty-seven thousand and the other one just sold, to the left of it, for a hundred and twenty-five. I know people, I know how it is in neighborhoods,people hate seeing a new house going in and stuff like that. But it's a building lot. It's a couple of acres. We're voting on a septic variance, not a variance to put a house there. Am I kind of talking to you right, on that John? SUPERVISOR STROUGH-Yes, Tom I am looking at the plans. How many bedrooms? Regular Town Board Meeting, 03-21-2022, MTG 99 468 MR. KUBRICKY-It is going to be three bedrooms. Three bedrooms, two baths. SUPERVISOR STROUGH-That is important. We need to know that. MR. KUBRICKY-Well, your company has had all the information. Craig Brown, Dave Hatin, I've been working, John O'Brien has been working right with me on the whole thing for the last year. They said that they received the whole packet. They said you're all set to go. They said you won't need a variance for the house. You're going to need a variance for the septic system and you're going to need a variance for the driveway, putting in because the driveway is not going to meet the setback. That's what they told me so that's why they said before they're going to bring in the house plans. They want to make sure if you've got to move the wetlands for the Army Corps of Engineers do it prior but we shouldn't have to. I just want to make sure that everyone knows this isn't a lot that Chris, and whosever going to build there is trying to make it a lot. This is an approved building lot already. You know what I mean, it's an approved building lot. It was approved at the same time as all these people built their houses. It just so happened to be that Chris didn't jump the gun and build right away. Now the real estate is at a premium and he is making a move to go forward. He did all the proper protocol. We got engineers. We dug test holes. We had Queensbury out there. We had the Town Engineers out there. We had everybody out there. You guys have had it in front of you, your Company has had it for at least two to three months in front of you. I know maybe you guys haven't been able to see it. But I am saying, we gave it to Dave and Craig and all those guys, they know all about it, really pretty heavy. They informed me that this meeting tonight isn't about asking for permission to put the driveway in. It's not here to ask about what size house it is. The Town of Queensbury is not going to let you put in a septic system in if the system is not big enough to take care of the house. If it's a ten thousand square foot house, it's probably going to be a little bit bigger. They are going to make you put in different tanks in or they are going to make you do this. I don't understand why everybody's, where all the paperwork came in that everybody just started getting engineers looking at it now. I've had backhoes there in the middle of winter digging test holes and doing all that for to get this project approved so come April 1"they can throw it up. I'm just surprised that everybody is talking like this. This is the first I have heard about this, anything like that. There's only two lots in Brown's Path that are not developed yet. This one and Dean Beckos' and I am asking you guys to please approve the septic so we go to the next step and say ok, the house. They want to see what the house is. I don't know, when did other people start deciding what size house can you build in a neighborhood? Where did all that come in? I think that's none of nobody's business what size house I build. If it's too big then they can say they're against it but I don't really think that this is, I am kind of confused that we are voting on you know, what somebody thinks. COUNCILMAN FREER-We are responding to the septic variance. You are right. This is just the septic variance. MR. KUBRICKY-Okay, good. COUNCIMAN FREER-However, you are asking for something that doesn't meet our Code with regard to wetlands and that's a concern to me. That stream and frankly we are seeing more, I'll say flooding or wetlands. We get wetlands and flood issues regularly and so the rules are a hundred feet and you are asking us for seventy feet. We have to decide whether we think that's a good idea or not. MR. KURBRICKY-Right, no you're okay. COUNCILMAN FERONE-We only got these plans three days ago. There might have been other folks that have had this for months but for us we picked this up on Thursday night. We had an opportunity a number of days to look at it and then we did a site visit this afternoon. We're digesting all of this now. MR. KUBRICKY-Okay. COUNCILMAN FREER-And the input from the neighbors that they are concerned about the wetlands as well and the stream. Regular Town Board Meeting, 03-21-2022, MTG 99 469 MR. KUBRICKY-What they want to do if this isn't okay, what they want to do is cut out,the house is still going to go in the same spot and the septic tank is still going in the same spot. What we're going to have to do with the Army Corps of Engineers is, we are going take another piece and make it wetlands to give to them. That's what it boils down to. COUNCILMAN FREER-Why didn't you propose that originally? MR. KUBRICKY-Because it's, for the Army Corps to do that. It has to go to this step first. Some Towns do give a variance for, you know if the setback is a minimum setback where it's close or something like that, it is another process. It is another ten grand if we have to go to the next level. The outcome is going to be the same is basically what I am saying to you. The area that they got the flag wetlands, if you look out there on the lot you are going to see a pile that is pushed up. Did anybody walk the property? COUNCILMAN MCNULTY-We all walked it today. MR. KUBRICKY-Did you see the pile to the left? That's what happened when they built that whole subdivision and put the road in there. All that stuff they pushed it up and what that did is that bank it formed a wetland. Where it was pushed up, it's been pushed up since Valente put it in there. SUPERVISOR STROUGH-Well, Tom. MR. KUBRICKY-I didn't realize that you guys, this is your first time looking at it too. SUPERVISOR STROUGH-Well, it is, it's new to us but again you're putting the filtration bed which is a traditional bed and the test pit data shows that we're hitting clay loam and shale at forty-one inches. So, if you put the laterals in twenty-four inches down that doesn't give us the twenty-four inches of base that we like to see below the lateral of good drainage before it hits the loam. MR. KURBRICKY-How it's done, I think what we're asking for here is an easement for the thirty feet. SUPERVISOR STROUGH-Yeah, but you are asking for an easement from an environmentally sensitive area. So I'm going to ask you to put in an approved system, show us the approved system. In other words, why not an ETU something? An Enhanced Treatment Unit prior to going into the infiltration bed, raise the bed a little bit to give at least the two feet. In other words you can improve the design so that it would minimize any impact it would have on the adjacent wetland. MR. KUBRICKY-Yeah, we can do all that stuff. SUPERVISOR STROUGH-Alright. COUNCILMAN FREER-I think that is what we are suggesting. MR. KUBRICKY-What I really wanted to take and I wanted to move the wetlands. That's what I really wanted to do. COUNCILMAN FREER-Ok, then you won't need a variance from us, right? MR. KUBRICKY-No, I know but you've got to vote it down first. COUNCILMAN FREER-Okay. SUPERVISOR STROUGH-Who flagged the wetlands for you? MR. KUBRICKY-The Army Corps of Engineers. SUPERVISOR STROUGH-They came in and flagged it? Regular Town Board Meeting, 03-21-2022, MTG 99 470 MR. KUBRICKY-They come and flag it. SUPERVISOR STROUGH-Okay. MR. KUBRICKY-They said that you know this is what you got here and these are your choices. SUPERVISOR STROUGH-Alright. MR. KUBRICKY-Are you guys against it? Are you worried it's too close, the thirty feet? Is it the thirty feet, that is what's bothering everybody? COUNCILMAN FREER-I am and that's my intake. COUNCILMAN FERONE-That's one of the issues. MR. KUBRICKY-What other issues do you have? COUNCILMAN FERONE-Well again, we saw that active creek that was there and the impact that this construction is going to have on that. Just walking on the property, I mean it was pretty soft there. I don't know again one of the neighbors indicated, I'm thinking... MR. KUBRICKY-The Army Corp of Engineers is going to do, our next step would be, they'll let us move the stream, they'll let us do a lot of stuff, The Army Corps will. COUNCILMAN FERONE-What about storm water runoff? I mean if you're going to have a driveway there, you're going to have impediments to water running in that area. MR. KUBRICKY-The thing to do is have Queensbury to buy the lot. You know what I mean? What do you got to do? What do you do in a case like that? We got to move the creek. You got to scrap off and form new wetlands. COUNCILMAN FREER-That's not as easy as you are making it out to be in my experience. MR. KUBRICKY-Believe me, I'm not making it out to be easy. COUNCILMAN FREER-Because, you know,just down stream of that we have a floodplain where we have two houses at Halfway Brook just on the other side of Meadowbrook, right. So you're upstream of that and The Army Corps of Engineers is going to have look carefully at what all the impacts are and how that works out. From my stand point, if you want us to disapprove this variance. MR. KUBRICKY-I really don't want you to. I'd like you to approve it, to be honest with you. SUPERVISOR STROUGH-Well I'm not hearing that Tom. What I am hearing is, that at a minimum go back and respond to some of the concerns of your neighbors. I think we have made suggestions that you could improve the quality of the wastewater system that would be more environmentally friendly. So, that's what I am hearing. MR. KUBRICKY-If the Army Corps lets, if we go to the Army Corps and they let us do what we want to, we won't even need a variance for a wetland. COUNCILMAN FREER-Good. MR. KUBRICKY-If they let us move the creek and let us form a new wetland down there abutting that horse farm, we probably won't need a variance then. We won't even need a septic variance at that point. SUPERVISOR STROUGH-I don't think we should act on this tonight Tom. This is just my opinion and I am only one of five but I am pretty good at reading my fellow members. MR. KUBRICKY-Well no, I mean we got to work together here. Regular Town Board Meeting, 03-21-2022, MTG 99 471 SUPERVISOR STROUGH-I will give you a chance to come back that addresses some of the concerns. MR. KUBRICKY-Can I talk to the Army Corps of Engineers and get their thoughts? SUPERVISOR STROUGH-You can do whatever you want. I mean, you know, we're not going to tell you can't. I mean go ahead and do whatever you want. You've heard some of the concerns, some of the concerns being it's a geologically challenged lot to start with but it is a lot. It is a lot but it's a lot that has it challenges so you are going to need to work with those challenges a little bit more. MR. KUBRICKY-Yeah, I will. SUPERVISOR STROUGH-All right. MR. KUBRICKY-I will work with you. SUPERVISOR STROUGH-So is it the will of the Board that we not act on this tonight and give the applicant a chance to readdress? MR. KUBRICKY-Can your company tell me like what they are looking to do. I mean what you guys would like. COUNCILMAN MCNULTY-I have a question, when you keep calling company, what are you referring to? MR. KUBRICKY-The Town of Queensbury, you know what I mean. COUNCILMAN MCNULTY-You mean Planning Office in fact. MR. KUBRICKY-I don't want to hear two different stories. You know what I am saying? Tell me, look this is what you need and we give everything they need and they say, okay you're all set to go and then we're coming here and everybody is like looking at it rushing. So, I'll go back to the, I'll go back but I need some guidance with the Board cause why would they let me come this far, if it wasn't what they were asking for. COUNCILMAN MCNULTY-John in my opening remarks I talked about the process. If us not voting, if the process can continue with us not voting without having, letting it go as you discussed, I am for it. I think there's, I don't know how many times you said if but there's a lot of ifs still associated with this plan but I think for your owners and also for the neighbors, it would be good to provide the answers to some of those ifs so we can go forward. MR. KUBRICKY-Ok, so you want me to get an engineer to like draw some elite system? Is that what you are kind of looking for John? SUPERVISOR STROUGH-Well MR. KUBRICKY-Or you, the Board Members? SUPERVISOR STROUGH-Yeah, there's plenty of pretreatment systems out there. MR. KUBRICKY-Yea, there's many. Is that what you are looking for? SUPERVISOR STROUGH-Fusion, Owego, Fuji. MR. KUBRICKY-Yea, absolutely. SUPERVISOR STROUGH-There's a lot of them out there and they're very good at what they do. They do aerobic and anaerobic pretreatment and it reduces the nutrient levels. MR. KUBRICKY-All you got to do is just tell me what you want and I can make it happen. Regular Town Board Meeting, 03-21-2022, MTG 99 472 COUNCILMAN FREER-Tom, you might get a good idea if you listen to the next two variance requests because the systems that John is alluding to are coming up in the next two things. MR. KUBRICKY-Yeah, cause we could run a sewer line out the thing and run it down to, you know. COUNCILMAN FREER-Good luck with that. COUNCILMAN MCNULTY-We're not going to do a sewer line. MR. KUBRICKY-I'm just saying, if you want an elite system we can do whatever you want. So you want to table this for now and you want me to load up with some more. SUPERVISOR STROUGH-We're not tabling, we're just not going to act on it. TOWN COUNSEL WHITE-And we're leaving the public hearing open. SUPERVISOR STROUGH-And we're leaving the public hearing open. TOWN COUNSEL WHITE-Correct, I just wanted to make sure. MR. KUBRICKY-So will we schedule another one? SUPERVISOR STROUGH-When you come up with a plan that you think would be more to the liking of your neighbors and to the Town Board, bring it forward. MR. KUBRICKY-Okay. SUPERVISOR STROUGH-Bring it forward. MR. KUBRICKY-Okay, thank you. SUPERVISOR STROUGH-All right, thank you. COUNCILMAN FERONE-Thank you. COUNCILMAN MCNULTY-Thanks to the neighbors that came as well. PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF RICHARD AND LINDA SHUREN PUBLICATION DATE: MARCH 11, 2022 SUPERVISOR STROUGH-Reviewed proposed application and listed requested seven variances. Noted the property is located on Glen Lake and that the Town Board did a site visit today. Ethan would you please introduce yourself to the public and elaborate on anything else I said. ETHAN HALL-Certainly. For your records my name is Ethan Hall. I'm a Principal with Rucinski Hall Architecture here tonight representing Richard and Linda Shuren. They have a residence at 3 Chestnut Road. The current sewage disposal system is what we suspect to be a seepage pit which is directly under the front porch between the house and the lake, Glen Lake. It is an old cesspool that was probably part of the original house that was built prior to there being any codes. So the proposal that we have tonight is to put in an Enhanced Treatment System with a bottomless sand filter which is a pump up system which requires several variances. We've tried to limit them as best we could, the location as many you have saw this afternoon is between the existing garage and the existing house. The house sits down behind the garage, the garage is up near the road. We talked a little bit about whether or not it would be prudent to try and move it a little closer to the garage to increase, to get our setback distance to the house. But my feeling is and knowing how deep we are going to have to dig I'm not super confident on what kind of a foundation we have behind that garage which is already a full story above where we are going to do this. So, we've opted to kind of push it closer to the house and do it that way. There are Regular Town Board Meeting, 03-21-2022, MTG 99 473 several retaining walls that are there that are going to have to come down in order for us to put the bottomless sand filter in. All in all we've looked at trying to move everything away from the lake, put in an Enhanced Treatment System Unit and bottomless sand filter which again is a very good system so that's really what we are looking at. SUPERVISOR STROUGH-Questions of the applicant's agent before I open up the public hearing to the public? PUBLIC HEARING OPEN SUPERVISOR STROUGH-Seeing none is there any member of the public tonight that wishes to speak for or against this particular application? Seeing none, Tim do we anybody online? COUNCILMAN MCNULTY-No. CLOSED PUBLIC HEARING RESOLUTION APPROVING RICHARD AND LINDA SHUREN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 22,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Richard and Linda Shuren (Applicants) have 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 its components proposed to be located as follows: I. Disposal field to be 9' from the property line in lieu of the required 10' setback; 2. Disposal field to be 8'11"from the property line in lieu of the required 10' setback; 3. Disposal field to be 13'9"from the residence in lieu of the required 20' setback; 4. Pump station to be 6'4"from the garage in lieu of the required 10' setback; 5. Fuji Clean system to be T I"from the garage in lieu of the required 10' setback; 6. Pump station to be 7' from the residence in lieu of the required 10' setback; and 7. Fuji Clean system to be 7' from the residence in lieu of the required 10' setback; on property located at 3 Chestnut 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 March 21',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 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 Regular Town Board Meeting, 03-21-2022, MTG 99 474 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 Richard and Linda Shuren for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with its components to be located as follows: I. Disposal field to be 9' from the property line in lieu of the required 10' setback; 2. Disposal field to be 8'11"from the property line in lieu of the required 10' setback; 3. Disposal field to be 13'9"from the residence in lieu of the required 20' setback; 4. Pump station to be 6'4"from the garage in lieu of the required 10' setback; 5. Fuji Clean system to be T 1"from the garage in lieu of the required 10' setback; 6. Pump station to be 7' from the residence in lieu of the required 10' setback; and 7. Fuji Clean system to be 7' from the residence in lieu of the required 10' setback; on property located at 3 Chestnut Road in the Town of Queensbury and bearing Tax Map No: 289- 13-1-6. Duly adopted this 2 1"day of March,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 STEVE AND TRACY BUREAU PUBLICATION DATE: MARCH 11, 2022 SUPERVISOR STROUGH-Reviewed proposed application and listed requested thirteen variances. Reintroduce yourself for the matter of the record and elaborate on, if you wish. ETHAN HALL-Absolutely, again for your record Ethan Hall, I'm a Principal with Rucinski Hall Architecture here tonight representing Steven and Tracey Bureau who are in the audience tonight. It is a lot of variances, we fully admit that. When you look at the variances just based on a piece of paper it looks like an awful lot. I know many of you were out at the site today and I think it gives you a little better feel for why we need so many variances. The Bureau's house is immediately right next door to the Shuren's house. They actually had to do a property line adjustment with the Shuren's because the property line went through the corner of Shuren's house. So, in order to do that and straighten things out, it increased some of these variances more so than what would have been if they left the property line where it was. The existing system is a five hundred gallon steel tank with a couple of small laterals that go towards the lake. Our intent here is to install an Enhanced Treatment Unit because the disposal field, we want to make sure the disposal field is at least hundred feet from the lake. The only place that we have to put this is beneath their parking lot,their parking area right up on Chestnut Road. We're proposing to put in infiltrators which are H2O loaded. They are meant to have traffic drive over them. In order to do this we have to tear up their parking lot where they park their cars now, put the system in and then repave the parking lot. Regular Town Board Meeting, 03-21-2022, MTG 99 475 SUPERVISOR STROUGH-How about the ETU can you tell us a little about that? MR. HALL-The ETU is a Fuji Clean System. It has a three chambered system. The same thing that we're proposing for the Shuren's. It does do all the aerobic treatment like you said before SUPERVISOR STROUGH-And anaerobic treatment. MR. HALL-And anaerobic treatment. It does have a filter on the end of it that goes out so everything that gets pumped, that comes out of the treatment system itself, according to all of the literature that you read, it's potable water. They say it's potable for the people who are selling it but that's how they sell it. As I kind of mentioned when we were out on the site today, the DEC does allow in the Finger Lake's Area, for the water coming out of these systems to be used as landscape irrigation. So, it can be put directly on the ground. We're choosing to put it into a pump chamber and pump it from the area which is very low down by the Bureau's house all the way up to the road which is a raise of probably of twenty-five to thirty feet and some of the variances that are being asked for are for the force main to get this from the pump station up to the road. SUPERVISOR STROUGH-Questions before I open up the public hearing from the Board? Any member of the public present wish to speak to this application? Seeing none. Tim, anybody? COUNCILMAN MCNULTY-No hands. PUBLIC HEARING OPENED No public comment PUBLIC HEARING CLOSED RESOLUTION APPROVING STEVE AND TRACEY BUREAU'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 23,2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, Steve and Tracey Bureau (Applicants) have 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 its components proposed to be located as follows: I. Disposal field to be 4'9"from the property line in lieu of the required 10' setback; 2. Disposal field to be 3' from the property line in lieu of the required 10' setback; 3. Disposal field to be 2'3"from the property line in lieu of the required 10' setback; 4. Force main to be 27'from the property line in lieu of the required 10' setback; 5. Force main to be I' from the property line in lieu of the required 10' setback; 6. Force main to be 5'10"from the adjoining garage in lieu of the required 10' setback; 7. Force main to be 3'8"from the adjoining residence in lieu of the required 10' setback; 8. Pump station to be 5'8"from the property line in lieu of the required 10' setback; 9. Pump station to be 6'10"from the adjoining residence in lieu of the required 10' setback; 10. Pump station to be 5'5"from the residence in lieu of the required 10' setback; 11. Fuji clean system to be 7' from the adjoining residence in lieu of the required 10' setback; 12. Fuji clean system to be 5'9"from the property line in lieu of the required 10' setback; and Regular Town Board Meeting, 03-21-2022, MTG 99 476 13. Fuji clean system to be 5'9"from the residence in lieu of the required 10' setback; on property located at 5 Chestnut 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 March 21',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 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 Steve and Tracey Bureau for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with its components to be located as follows: 1. Disposal field to be 4'9"from the property line in lieu of the required 10' setback; 2. Disposal field to be 3' from the property line in lieu of the required 10' setback; 3. Disposal field to be 2'3"from the property line in lieu of the required 10' setback; 4. Force main to be 27'from the property line in lieu of the required 10' setback; 5. Force main to be F from the property line in lieu of the required 10' setback; 6. Force main to be 5'10"from the adjoining garage in lieu of the required 10' setback; 7. Force main to be 3'8"from the adjoining residence in lieu of the required 10' setback; 8. Pump station to be 5'8"from the property line in lieu of the required 10' setback; 9. Pump station to be 6'10"from the adjoining residence in lieu of the required 10' setback; 10. Pump station to be 5'5"from the residence in lieu of the required 10' setback; 11. Fuji clean system to be 7' from the adjoining residence in lieu of the required 10' setback; 12. Fuji clean system to be 5'9"from the property line in lieu of the required 10' setback; and 13. Fuji clean system to be 5'9"from the residence in lieu of the required 10' setback; on property located at 5 Chestnut Road in the Town of Queensbury and bearing Tax Map No: 289-13-1-7. Duly adopted this 2 1"day of March,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 Regular Town Board Meeting, 03-21-2022, MTG 99 477 JOHNAND MARY JO SABIA PUBLICATION DATE: MARCH 11, 2022 SUPERVISOR STROUGH-Reviewed proposed application and listed requested seven variances. Noted the property is on Glen Lake. Explain this system to us please. ETHAN HALL-Good evening again for your records Ethan Hall. Principal at Rucinski Hall Architecture representing John and Mary Jo Sabia. The Sabia's property is right at the end of Canterbury Drive and we were actually in front of this Board seven or eight months ago maybe, maybe a year. There's been a lot of... with this one. The property itself is only eighty-one feet deep from the shoreline to the back property line. So, regardless of what we did here we need a variance to shoreline. The property itself is not a hundred feet deep so no matter what we do we need a variance for the sewage disposal. The existing sewage disposal that's there is a three hundred gallon approximately steel tank with what we assume to be a fifty-five gallon drum with some holes cut into it and that's roughly twenty-feet from the existing well. So, this is a system that is in dire need to be fixed. The Sabias do wish to put up a new residence. They wish to tear down the one that is here and build a new residence. That was kind of the tripping point when we were here before is that we were asking for too big of a house. So, we've made some changes to the house, downsized it, reduced the number of bedrooms that were being proposed. Took away the garage that was being proposed with the building and overall reduced the scale of the building on the site itself. When we did all of that it allowed us to make the sewage disposal system a little bit smaller because now we removed the bedroom from the equation. The back of the site, I say it's eighty feet deep or eighty-two feet deep, whatever it is, it is. The first sixty feet of it is relatively shallow pitch coming up from the lake and immediately behind the house, it rises about twenty-five feet up to the neighboring property. It was formerly the Benton Trust. It's now been sold to somebody else who lives there. The Sabias have spoken with them. They know that this system is getting closer to their property line. They know that the system, their well sits at the top of the hill just back from where this is going to go. They're aware of it and they have signed off on it. So they know that this is happening. We're trying to, we are on a postage stamp lot and we are trying to put in a system in that has pretreatment, also has a pump system, also has the bottomless sand filter trying to make that work within the confines of our lot and that's what we have to work with. SUPERVISOR STROUGH-Not only that you have a UV System on it. MR. HALL-Correct, this one will have the UV Treatment System on it so anything that does make it through the anaerobic system, the filter system, the UV system kills off anything else that's left before it comes out of that and into the pump chamber. SUPERVISOR STROUGH-And you are also proposing to put in an Advanced Pretreatment on this site as well. MR. HALL-Correct. SUPERVISOR STROUGH-Questions from the Board before I open up the public hearing? Okay, I'll open the public hearing. Anybody here tonight wishes to speak to this variance application? Seeing none. None online? PUBLIC HEARING OPENED No public comment. PUBLIC HEARING CLOSED RESOLUTION APPROVING JOHN AND MARY JO SABIA'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 24,2022 INTRODUCED BY: Mr. Timothy McNulty Regular Town Board Meeting, 03-21-2022, MTG 99 478 WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, John and Mary Jo Sabia (Applicants) have 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 its components proposed to be located as follows: I. Disposal field to be 68' from the existing well in lieu of the required 100' setback; 2. Disposal field to be 42'8"from the adjoining property's well in lieu of the required 100' setback; 3. Disposal field to be 6' from the residence in lieu of the required 20' setback; 4. Pump station to be 8' from the property line in lieu of the required 10' setback; 5. Force main to be 6'4"from the property line in lieu of the required 10' setback; 6. Disposal field to be 7' from the property line in lieu of the required 10' setback; and 7. Disposal field to be 60' from the Glen Lake shoreline in lieu of the required 100' setback; on property located at 43 Canterbury Drive 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 March 21',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 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 John and Mary Jo Sabia for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system with its components to be located as follows: I. Disposal field to be 68' from the existing well in lieu of the required 100' setback; 2. Disposal field to be 42'8"from the adjoining property's well in lieu of the required 100' setback; 3. Disposal field to be 6' from the residence in lieu of the required 20' setback; 4. Pump station to be 8' from the property line in lieu of the required 10' setback; 5. Force main to be 6'4"from the property line in lieu of the required 10' setback; 6. Disposal field to be 7' from the property line in lieu of the required 10' setback; and Regular Town Board Meeting, 03-21-2022, MTG 99 479 7. Disposal field to be 60' from the Glen Lake shoreline in lieu of the required 100' setback; on property located at 43 Canterbury Drive in the Town of Queensbury and bearing Tax Map No: 289-17-1- 26. Duly adopted this 2 1"day of March,2022,by the following vote: AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JAMES DENOOYER RESOLUTION NO.: BOH 25,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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,James DeNooyer(Applicant)has applied to the Local Board of Health for variances from Chapter 136,§136-11 which requires applicants to obtain a variance for a holding tank system,as the Applicant wishes to install a holding tank system consisting of two (2) holding tanks, each with a capacity of 2,000 gallons,for a total capacity of 4,000 gallons, and WHEREAS, the Applicant has also applied for additional variances from Chapter 136 to allow placement of the: 1. Grinder pump station to be 34' from the Lake George shoreline in lieu of the required 50' setback; and 2. Force main to be 34' from the Lake George shoreline instead of the required 50' setback; on property located at 3308 State Route 9L,Dark Bay in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, April 4th, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider James DeNooyer's sewage disposal variance application concerning property located at 3308 State Route 9L, Dark Bay in the Town of Queensbury and bearing Tax Map No.: 239.18-1-26 and at that time all interested persons will be heard, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2022, MTG 99 480 RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 2 1"day of March,2022,by the following vote: AYES Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND JEAN TARRANT RESOLUTION NO.: BOH 26,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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, Robert and Jean Tarrant have applied to the Local Board of Health for variances from Chapter 136 to install a new enhanced treatment on-site wastewater treatment system with its components proposed to be located as follows: 1. Absorption field to be 89' from the westerly well in lieu of the required 100' setback; 2. Absorption field to be 92' from the Lake George shoreline in lieu of the required 100'setback; 3. Absorption field to be 17' from the new house in lieu of the required 20' setback; 4. Absorption field field to be 2' from the northerly property line in lieu of the required 10' setback; 5. Septic tank to be 5' from the house in lieu of the required 10' setback; 6. Septic tank to be 5' from the property line in lieu of the required 10' setback; 7. Pump station to be 40.5' from the Lake George shoreline in lieu of the required 50' setback; 8. Pump station to be 5' from the house in lieu of the required 10' setback; 9. Pump station to be 5' from the property line in lieu of the required 10' setback; 10. Force main to be 4' from the house in lieu of the required 10' setback; and 11. Force main to be 45' from the Lake George shoreline in lieu of the required 50' setback; on property located at 308 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-21-2022, MTG 99 481 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, April 4th, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Robert and Jean Tarrant's sewage disposal variance application concerning property located at 308 Cleverdale Road in the Town of Queensbury(Tax Map No.: 226.12-1-82)and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 2 1"day of March,2022,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JASON A. GOTTLIEB RESOLUTION NO.: BOH 27,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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, Jason Gottlieb has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater treatment system with its components proposed to be located as follows: 1. Absorption bed to be 80' from Lake George in lieu of the required 100' setback; 2. Absorption bed to be F from the southerly property line in lieu of the required 10' setback; 3. Absorption bed to be F from the easterly property line in lieu of the required 10' setback; 4. Absorption bed to be 3' from the foundation in lieu of the required 20' setback; 5. Sewer line to be 7' from the easterly property line in lieu of the required 10' setback; 6. Tank to be F from the easterly property line in lieu of the required 10' setback; 7. Tank to be 2' from the foundation in lieu of the required 10' setback; and 8. Tank to be 4' from the northerly property line in lieu of the required 10' setback; and 9. Sewer line to be 2' from the foundation in lieu of the required 10' setback; on property located at 389 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-21-2022, MTG 99 482 RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, April 4th, 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Jason A. Gottlieb's sewage disposal variance application concerning property located at 389 Cleverdale Road in the Town of Queensbury(Tax Map No.: 226.8-1-2)and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 2 1"day of March,2022,by the following vote: AYES Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION BOH NO.: 27A,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 21"day of March, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING - 2022 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. PUBLICATION DATE: MARCH 11,2022 SUPERVISOR STROUGH-The newspaper, Post Star had a very nice article on this topic and explained what I explained the last time and what this Board knows and what many members of the public know. We are at a crisis period with our EMS service. We are very lucky on one hand to have some great community leaders in charge of our EMS. They are volunteers. They don't get paid. They put in a lot of time. They go through a lot of training. They do a lot of work. I don't want to scare away potential volunteers because we need more, however, every year that goes by we are getting less. More and more paid service is the way we have to go to provide the kind of service the Queensbury residents expect. That is if they have an accident, a physical problem or any other Regular Town Board Meeting, 03-21-2022, MTG 99 483 biological issue,we're here to help them. And like a heart attack, you need a response as fast as you can get there. We are working on trying to improve service to the residents of Queensbury and I have to thank the three Squads for working with us, and we listened. They explained very well to us their needs. They have been working on us for a long time and finally we get it. We know what needs to be done. There's a list of things that need to be done. We had a study done. We've had some experts look at this. They all say the same thing. The first and biggest problem is paid service and within that paid service chapter there are some subcategories we need to address. One, we need more paid service. Two,we need to pay paid service better than what we are doing. These people have a lot of training and they develop the skill set that's very marketable and they can take it anywhere they want. We want them to bring it here so we've increased, for example ALS was $20,we are increasing that to $25. BLS was $16, now it's $21 and the AEMT is $22.50. So we increased it per hour. What else do we have to do? We had to increase the benefits. You know, are they entitled to paid time off? Yeah, I think so and this Board thinks so. So we are going to give them that. Are they entitled to paid sick days? Yeah,they didn't get it before you know and we want them to have it now. Alright so,West is increasing their staff Bay Ridge is increasing their staff. North is now discussing various arrangements with Bay Ridge. I want to thank North for doing that but we are not ready and they are not ready to settle on all the details of what they are going to need. So we have just Bay Ridge and West before us tonight. There's other things that need to be done and we agreed that the three Squads and the leaders of the three Squads will sit down before this Board, September, October, it will give us a chance to see how this new model is working. The model being the enhanced paid staff services and it will give us time to talk about some of the things that the studies have brought forward to us as things we need to get done. I mean can we, for example and there's a list but tonight is basically on paid service and the contract enhancement to meet those paid service needs. Could we use an EMS Director? Maybe. Could we be sharing the Medical Director? Maybe. Could we be sharing vehicles and equipment? Maybe. I mean there is a list of things that we're, we, the three Squads, the Town Board are going to be looking at and it's all hoping to achieve one thing, providing better service to the residents of Queensbury. Yes, it is going to cost more. So the two contracts,Bay Ridge and West, Bay Ridge is first, West is next, both are looking at twenty-seven, twenty-eight percent increases in their budgets to accommodate the paid service that they need. Now, let me show you one example. Glens Falls,Jamie Schrammel who is ahead of the Fire Department,therefore EMS in the Glens Falls way, said that a hundred and thirty-five mutual aid calls is not fair to the City. Three,four,five maybe even ten. All right, well we're not getting out on the floor and responding to the calls because we don't have the paid service to be able to do it. So, and you have the right kind of paid service. If you are having a heart attack, you don't want BLS, which is Basic Life System which can take care of basic things. Like if you fell and broke an ankle, maybe BLS is fine. If you are having a heart attack you want ALS, that's Advanced Life System. It takes a lot more training to become an ALS. So anyhow, there's a public hearing on this tonight but before I open up the public hearing, does any of the Town Board members want to share their thoughts? I know George Ferone worked with me on the Committee to get us where we are but I may have said it all or? COUNCILMAN FERONE-You did a good job, John. It's just I think that the public needs to know is that this has been many, many months of discussions and work and conversations to reach this point. To allow us to get an agreement put together that helps the Squads provide the service they knew they wanted to provide but they needed the funding to do it. This is what's accomplishing it right now is that these contracts are going to provide that funding. John, thank you guys and I thank you as well for the service you do every day. SUPERVISOR STROUGH-All right so we're looking at a contract that will start April 1"and at least for paid service take them to the end of the year. So,the other things that I discussed are other things beyond that, we will discuss and see if we can't make 2023 even better than 2022. So this contract that we're looking at is basically for nine months. For Bay Ridge the nine month contract would be five hundred and seventy-five thousand seven hundred and ten. That's a hundred and fifty thousand four hundred and sixty dollars for operating expenses and insurance. Seventy-three thousand five hundred for debt service. Three hundred and fifty-one thousand seven hundred and fifty for paid Regular Town Board Meeting, 03-21-2022, MTG 99 484 staffing with a total contract of five hundred seventy-five thousand seven hundred and ten. Now again, that's for nine months. If you were to look at the increase and compare apples to apples, the annual to the annual yes that's a twenty-eight percent increase. But I think we're going to get the kind of service that the Queensbury residents want and expect by doing this. West, I'll go through in a minute as far as the details the overall picture would be the same. I'll give you the details when we get to the public hearing for that. Is there anybody here tonight that wishes to speak to the proposed contract that we have for Bay Ridge Rescue Squad.Please come forward and identify yourself for the record. SHANE IRWIN-Good evening, Shane Irwin I live at 7 Geneva Drive, Queensbury. I am also the Captain of Bay Ridge Rescue Squad. First thing I want to say is thank you to the Board the Town Board for supporting us for this. Yes, volunteerism is dying and stuff and without a doubt all three agencies,we all three care for the Community. We want to provide,we are providing the quality care that the Town needs but we need more people to do so because the increase in calls. Our Community is blown up big time. I mean, we have more people living here now. All I can say is for the three agencies in Queensbury, we are doing our best. We are providing a hundred percent quality care to the Community. I'd like to give those guys props too but also you guys to thank you for your support. Thank you. SUPERVISOR STROUGH-Thank you, Shane. Anybody else like to speak to the Board about the proposed contract with Bay Ridge? Anybody online Tim? COUNCILMAN MCNULTY-Nope. SUPERVISOR STROUGH-All right again I'm looking at a handful of volunteers and you know one thing I have to add is,not only are the very dedicated people,they are very social people. Each Squad has its own like club, culture which you need to do. You need to have that human element. I was very lucky with these baskets,went to a fundraiser whose one Squad member is having some serious health issues and so the Squad had a fundraiser for this person and did quite well. And so did I too, I made a contribution but I got a nice Easter Basket and a Docksider Gift Certificate. I am going to be, I shared the Easter Basket with my nephews. They loved it. Anyways, I'm just trying to tell you that they are human beings. They are here to serve the public. But they're also very much a great example of humanity and the way humanity should be. Thank you. All right I will close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING 2022 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. RESOLUTION NO.: 118, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,in accordance with Town Law§184 and General Municipal Law§122-b,the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town and the Town has previously Regular Town Board Meeting, 03-21-2022, MTG 99 485 entered into Agreements with its three (3) Emergency/Rescue Squads -Bay Ridge Rescue Squad, Inc.,North Queensbury Rescue Squad,Inc., and West Glens Falls Emergency Squad,Inc., and WHEREAS,by Resolution No.: 42, 2022, the Town and the Bay Ridge Rescue Squad, Inc., (Squad) authorized a general emergency ambulance services Agreement for 2022, and WHEREAS, the Town and the Squad have negotiated terms for a revised, new 2022 Agreement for general emergency ambulance services (Agreement) to be in effect as of April 1st, 2022 and accordingly, in accordance with Town Law§184 and General Municipal Law§209(b),on Monday,March 21",2022 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the revised, new 2022 Emergency Ambulance Services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 2 1"day of March,2022,by the following vote: AYES Mr.Freer,Mr.Ferone,Mr.McNulty,Mr. Strough,Mr. Metivier NOES None ABSENT: None PUBLIC HEARING- 2022 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD,INC. PUBLICATION DATE: MARCH 11,2022 SUPERVISOR STROUGH-We've added a whole new paid staff and we're giving the benefits and we've increased the hourly rate as I've mentioned before. West is the busiest of the three Squads in the Town. They being located near exit 18 have pretty much the Town over here to Bay Road. One of the studies suggested that we allocate the boundaries so that it evens up the load. We'll take a look at those things. But this,we want to get the paid service out of the way. West really needs another group and I believe it's Sandy, the BLS is going to be twenty-four seven,or no they're both ten hours. Ten hour shifts at the busiest times which is Sandy has been talking to me about this for a year and we're finally there. They're proposing and this is, again this is a nine month budget operating expenses and insurance three hundred eighty-three thousand three hundred and thirty-four. Debt services two hundred and thirteen thousand ninety-one. Paid staffing four hundred thirty- nine thousand one hundred and ten for a total of one million thirty-five thousand five and thirty-five dollars. And again, that's a nine month contract and if you want to compare apples to apples, year for year, they are looking at a twenty-six percent increase. COUNCILMAN MCNULTY-John excuse me,I am sorry. In the exhibit A in our packet it talks nine hundred and seventy-six. Is there a different? I thought that was a full year and the nine seventy-six was the nine months. I just want to make sure. Regular Town Board Meeting, 03-21-2022, MTG 99 486 SUPERVISOR STROUGH-My packet I got. COUNCILMAN FREER-There's two separate. Did you get the right one? SUPERVISOR STROUGH-Oh, ok I may have gotten the wrong one. Sandy did I get the wrong one? SANDY MAHONEY-You did. SUPERVISOR STROUGH-That was the annual allocation,if it was annual. I am sorry. COUNCILMAN MCNULTY-Alright,that's what I thought. Thanks John. SUPERVISOR STROUGH-Thank you Tim for bringing that to my attention. I get so many numbers. So,the nine months,what I gave you was the equivalent that would be if twelve months. The nine month is a total of nine hundred and seventy-six four hundred and ninety-four, I stand corrected. It being subdivided as follows, two hundred and eighty-seven thousand five hundred for operating expenses. A hundred and fifty-nine eight eighteen for debt service, five twenty-nine one seventy-five for paid staffing with a total of nine seventy-six, four ninety-four. Ok, and again the same thing with West, I mean very, very dedicated people. People that enjoy being with one another and they are there to serve the Town and we want to thank them. North has representatives here as well,I want to thank you. So,and North we will work on yours next. Now,I will open up the public hearing. Is there anybody here that wishes to speak to the proposal that we have with the West Glens Falls Emergency Squad for the rest of 2022? Yes sir,please come forward. PUBLIC HEARING OPENED DAN SILVEY-Thank you John and the rest of the Board. My name is Dan Silvey. I reside at 26 Sycamore Drive. I am a volunteer member of West Glens Falls Emergency as their Treasurer and I am also an ALS provider. I want to thank both George and John for the effort that was put into this process to get us here today and thank the Board for the support that they have provided for the EMS agencies in this Town. SUPERVISOR STROUGH-Thank you Dan. We could not have done it without you. Thank you. Any questions for Dan? Thank you for coming out this evening. Anybody else? Anybody online Tim? COUNCILMAN MCNULTY-No hands. SUPERVISOR STROUGH-Okay,I will entertain a motion to approve West Glens Falls' contract. PUBLIC HEARING CLOSED RESOLUTION APPROVING YEAR 2022 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 119,2022 INTRODUCED BY: Mr.Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,in accordance with Town Law§184 and General Municipal Law§122-b,the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town and the Town has previously entered into Agreements with its three (3) Emergency/Rescue Squads -Bay Ridge Rescue Squad, Inc.,North Queensbury Rescue Squad,Inc., and West Glens Falls Emergency Squad,Inc., and Regular Town Board Meeting, 03-21-2022, MTG 99 487 WHEREAS, by Resolution No.: 411,2021, the Town and the West Glens Falls Emergency Squad, Inc., (Squad)authorized a general emergency ambulance services Agreement for 2022, and WHEREAS, the Town and the Squad have negotiated terms for a revised, new 2022 Agreement for general emergency ambulance services (Agreement) to be in effect as of April 1st, 2022 and accordingly, in accordance with Town Law§184 and General Municipal Law§209(b),on Monday,March 21",2022 the Town Board duly conducted a public hearing and heard all interested persons concerning the proposed Agreement as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the revised, new 2022 Emergency Ambulance Services Agreement between the Town of Queensbury and the West Glens Falls Emergency Squad, Inc., substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 2 1"day of March,2022,by the following vote: AYES Mr.Ferone,Mr.McNulty,Mr. Strough,Mr.Metivier,Mr.Freer NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT- 3 MINUTES) No public comment 4.0 RESOLUTIONS RESOLUTION APPROVING YEAR 2021 SERVICE AWARD PROGRAM RECORDS FOR EMERGENCY MEDICAL SQUADS RESOLUTION NO.: 120, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board previously authorized engagement of PENFLEX, Inc., to provide the 2021 Standard Year End Administration Services for the Town's Volunteer Fire Companies and Volunteer Ambulance Workers Service Award Programs, and Regular Town Board Meeting, 03-21-2022, MTG 99 488 WHEREAS, as part of the Service Award Program(s), it is necessary that the Town Board approve the Fire Companies' and Emergency Squads' Year 2021 Service Award Program Records, and WHEREAS,the Town Supervisor's Office has received and reviewed the records from each of the Town's three(3)Emergency Squads and found them to be complete, and WHEREAS,the Town Board wishes to approve these records, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the 2021 Volunteer Ambulance Worker Service Award Program Records for each of the Town's three (3) Emergency Squads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Executive Assistant and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PLAYGROUND EQUIPMENT FROM THE PLAY PRO FOR CAPITAL PROJECT AT GURNEY LANE RECREATION AREA RESOLUTION NO.: 121, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 210, 2021, the Queensbury Town Board authorized expenditures for specific Town Parks and Recreation Department capital improvements and certain maintenance projects including a Capital Project at the Gurney Lane Recreation Area(Project), and Regular Town Board Meeting, 03-21-2022, MTG 99 489 WHEREAS, the Town's Director of Parks and Recreation has requested Town Board approval to purchase certain playground equipment for the Project, and WHEREAS, New York State Bidding is not required as the playground equipment proposed to be purchased is under New York State Office of General Services Contract Award 4PGB-23067 RA, RM, Group 30211 —Park&Recreation Equipment, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Director of Parks and Recreation's purchase of playground equipment from The Play Pro for the Capital Project at the Gurney Lane Recreation Area for the amount of $16,844.61 in accordance with New York State Office of General Services Contract Award 4PGB-23067 RA,RM,Group 30211 —Park&Recreation Equipment and The Play Pro's Proposal No.: 21-7795 substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED,that such equipment shall be paid for from Account No.: 157-7110-2899, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign The Play Pro's Proposal and/or any other needed documentation and the Town Supervisor,Parks and Recreation Director and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 21" day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING HIRING OF DONALD PARKER AS FULL-TIME LABORER FOR TOWN WASTEWATER/WATER DEPARTMENTS RESOLUTION NO.: 122, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION Regular Town Board Meeting, 03-21-2022, MTG 99 490 SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Water Superintendent and Wastewater Director has advised the Queensbury Town Board that there is currently a vacancy in a full-time Laborer position in the Department(s), and WHEREAS, consistent with the Collective Bargaining Agreement,the Water Superintendent and Wastewater Director posted availability for the position, and WHEREAS the Water Superintendent and Wastewater Director reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Donald Parker as a full-time Laborer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Donald Parker as a full-time Laborer in the Town's Wastewater and Water Department(s) effective on or about March 22nd,2022 contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and subject to Mr. Parker's successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six(26)week probationary period, and BE IT FURTHER, RESOLVED, that Mr. Parker shall be paid the hourly rate of pay for the Laborer position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent and Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of March, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF TRUCK FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 123, 2022 Regular Town Board Meeting, 03-21-2022, MTG 99 491 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with Resolution No.: 96,2022, the Town of Queensbury's Purchasing Agent provided specifications to the New York State Office of General Services Procurement Program and published an advertisement for bids for 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), and WHEREAS, on March 1lth, 2022 the Purchasing Agent received bid information for the Truck from the New York State Pro Vehicle Market Place, and WHEREAS, the Water Superintendent and Purchasing Agent reviewed the bid information and have recommended that the Town Board authorize the bid award for a 2022 Ram 2500 Tradesman 4x4 truck to the only and therefore lowest, responsible bidder, Howell&Pierson Inc., dba Main Motorcar for an amount not to exceed$41,975.80, and WHEREAS, the Water Superintendent has requested authorization to purchase needed ancillary equipment to make the truck Water Department ready for a total amount not to exceed$1,500, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for a 2022 Ram 2500 Tradesman 4x4 truck to the only and therefore lowest,responsible bidder, Howell&Pierson Inc., dba Main Motorcar for an amount not to exceed$41,975.80, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent to purchase needed ancillary equipment to make the truck Water Department ready for an additional amount not to exceed$1,500, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such purchase shall be by a transfer of $43,476 from the Water Department's undesignated, unassigned fund balance Account No.: 040-0000-0909 to Vehicles Account No.: 040-8340-2020 and the Town Budget Officer shall amend the 2022 Town Budget, make any adjustments, budget amendments, transfers and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the truck being replaced in the Water Department identified as a 2012 Dodge Ram 2500, Town Asset No: 8974, and deposit any sales proceeds 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 Supervisor, Water Superintendent, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 03-21-2022, MTG 99 492 Duly adopted this 2 1"day of March, 2022,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING CAPITAL PARK IMPROVEMENT PROJECTS, INCREASES IN PARK IMPROVEMENT PROJECTS AND WITHDRAWALS FROM CAPITAL RESERVES #61 AND #64 RESOLUTION NO.: 124,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board previously established Capital Reserve Funds known as the Recreation Reserve No. 61 (Fund No. 61) and Capital Reserve No. 64 (Fund No. 64) for future capital projects, and WHEREAS, by Memorandum to the Town Board dated March 14, 2022, the Queensbury Recreation Commission requested funding approval for proposed specific capital improvements and certain maintenance projects at several of the Town Parks (Projects), and WHEREAS, the Town Board wishes to authorize such Projects and the withdrawal and expenditure of moneys from Reserve Nos. 61 and 64 in the total estimated amount of$478,000 as follows: Capital Funding Source Park Location Proiect No. Proiect Cost Est. Capital Reserve No. Gurney Lane Rec Area 157 $355,000 64 Jenkinsville Park 138 $30,000 61 Hudson Pointe Preserve 145 $18,000 61 Rush Pond Trail 166 $45,000 61 Hudson River Park 107 $12,000 61 Glen Lake Launch 140 $18,000 61 TOTAL PROJECT $478,000 ESTIMATES and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Reserves 461 and 464 subject to permissive referendum, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-21-2022, MTG 99 493 RESOLVED, that the Queensbury Town Board hereby finds that the withdrawal and expenditure for the specific capital improvements and certain maintenance projects (Projects) as delineated in the preambles of this Resolution are expenditures for specific capital projects and certain maintenance projects for which the Reserve Accounts were established and therefore authorizes and expenditures in the total estimated amount of$478,000 ($123,000 from Reserve 461 and $355,000 from Reserve 464), as follows: Capital Funding Source Park Location Proiect No. Proiect Cost Est. Capital Reserve No. Gurney Lane Rec Area 157 $355,000 64 Jenkinsville Park 138 $30,000 61 Hudson Pointe Preserve 145 $18,000 61 Rush Pond Trail 166 $45,000 61 Hudson River Park 107 $12,000 61 Glen Lake Launch 140 $18,000 61 TOTAL PROJECT $478,000 ESTIMATES as set forth in the Queensbury Recreation Commission's March 14, 2022 Memorandum presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes: 1. a transfer from Reserve No.: 61 in the amount of$123,000; and 2. a transfer from Reserve No.: 64 in the amount of$355,000; to fund such Projects, such respective fund amounts to be placed into the respective Park Improvement Project Funds,reopening them as may be necessary,and the Town Board further directs that in the event there are funds remaining in such Funds after completion of the Project(s) or in the event that the Project(s) are not undertaken, the moneys in such Funds shall be returned to the Reserve(s), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Board Officer to increase appropriations and estimated revenues, amend the Budget and take all actions as may be necessary to fund such Projects as authorized, and BE IT FURTHER, Regular Town Board Meeting, 03-21-2022, MTG 99 494 RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent to publish any needed advertisement(s) for bids for capital improvements and/or items of equipment related to the Projects funded by this Resolution as deemed applicable or required based upon the Town's Purchasing Policy or the General Municipal Law, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Parks & Recreation Director and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 21"day of March, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT None RESOLUTION AUTHORIZING SUNY ADIRONDACK TO CONDUCT ITS "WALK OUT OF DARKNESS" 5K ROAD RACE/WALK RESOLUTION NO.: 125,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, SUNY Adirondack has requested authorization from the Queensbury Town Board to conduct its "Walk Out of Darkness" 5k road race/walk as follows: SPONSOR SUNY Adirondack EVENT 5k Road Race/Walk DATE Saturday, April 30'', 2022 TIME Approximately 10:00 a.m. —2:00 p.m. PLACE Beginning and ending at SUNY Adirondack Regular Town Board Meeting, 03-21-2022, MTG 99 495 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby acknowledges receipt of proper proof of insurance and authorizes SUNY Adirondack to conduct its "Walk Out of Darkness" 5k road race/walk within the Town of Queensbury on Saturday, April 30'', 2022, and BE IT FURTHER, RESOLVED,that the Town Board hereby approves this event subject to the Town Highway Superintendent's approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPOINTING JOHN BERRY AS TOWN HISTORIAN FOR 2022 RESOLUTION NO.: 126, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 18, 2022, the Queensbury Town Board reappointed Joan Aldous as Town Historian for the Town for the year 2022 but sadly Ms. Aldous passed away in January, and WHEREAS, the Town Board wishes to appoint John Berry as its Town Historian for the remainder of 2022 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints John Berry as Town Historian for the Town of Queensbury for the year 2022 effective on or about April 1, 2022 with salary for the position to be in accordance with Resolution No.: 419,2021. Duly adopted this 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone Regular Town Board Meeting, 03-21-2022, MTG 99 496 NOES : None ABSENT: None RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 127, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance Recovery 138 Increase Appropriation 001-3310-4160 Traffic Signs 138 Duly adopted this 21"day of March, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR 2022 LAKE MANAGEMENT CONTRACT IN CONNECTION WITH GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: 128, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 03-21-2022, MTG 99 497 WHEREAS, by Resolution No.: 305, 2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No: 205,2021, the Town Board authorized engagement of Solitude Lake Management (Solitude) for the Aquatic Vegetation Management Program for Glen Lake in 2021, which Program provided for Solitude's herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, and WHEREAS, by Resolution No.: 309, 2021, the Town Board adopted the 2022 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, in Chapter 3(C)(2)(f)of the Town Purchasing Procedures,upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS,the Town Board wishes to engage the services of Solitude for the 2022 Aquatic Vegetation Lake Management Contract for Glen Lake for treatment of pondweed, milfoil and brittle naiad using Aquathol Super K with costs for such treatment and follow-up work to be as follows: Task 1: Prepare and file NYSDEC Permit applications - $2,025. Task 2: Pre-Treatment Survey - $1,250. Task 3: Treatment 5-15 acres - $2,390/acre 16-34 acres - $2,300/acre (Maximum cost: $78,200) Task 4: Post-treatment monitoring of Aquathol K (2 sites)- $ 850 Task 4a: Additional samples, if required - $345/sample Task 5: Aquatic Plant Mapping Survey (Post-treatment) - $ 3,400; Task 6: Prepare and file NYSDEC Annual Report - $ 650; ------------ MAXIMUM TOTAL COST: -$86,720 as delineated in Solitude Lake Management's Lake Management Contract dated February 18, 2022 presented at this meeting, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT Regular Town Board Meeting, 03-21-2022, MTG 99 498 RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2)written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Solitude Lake Management for the 2022 Aquatic Vegetation Lake Management Contract for Glen Lake for treatment of pondweed, milfoil and brittle naiad using Aquathol Super K, with costs for such treatment and follow-up work to be as follows: Task 1: Prepare and file NYSDEC Permit applications - $2,025. Task 2: Pre-Treatment Survey - $1,250. Task 3: Treatment 5-15 acres - $2,390/acre 16-34 acres - $2,300/acre (Maximum cost: $78,200) Task 4: Post-treatment monitoring of Aquathol K (2 sites)- $ 850 Task 4a: Additional samples, if required - $345/sample Task 5: Aquatic Plant Mapping Survey (Post-treatment) - $ 3,400; Task 6: Prepare and file NYSDEC Annual Report - $ 650; ------------ MAXIMUM TOTAL COST: - $86,720 as delineated in Solitude Lake Management's Lake Management Contract dated February 18, 2022 presented at this meeting, contingent upon the Town's receipt of a proper certificate of insurance in form acceptable to the Town, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051-8790- 4400 not to exceed $86,720 and/or take any actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that Solitude Lake Management shall not commence the work authorized by this Resolution and as set forth in Solitude Lake Management's Lake Management Contract dated February 18, 2022 until such time that Solitude Lake Management has obtained all insurance required by the Town of Queensbury, including boat insurance, and the Town has explicitly approved such insurance, and Regular Town Board Meeting, 03-21-2022, MTG 99 499 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign Solitude Lake Management's Lake Management Contract dated February 18, 2022 substantially in the form presented at this meeting and any other needed documentation, including Permit Applications with the New York State Department of Environmental Conservation, and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND LAKE GEORGE PARK COMMISSION IN CONNECTION WITH BOAT LAUNCH INSPECTION AND BOAT WASH SYSTEM RESOLUTION NO.: 129,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Lake George Park Commission (LGPC) implemented a Lake George boat launch inspection and boat wash program as part of its efforts to inspect and wash boats in an effort to kill and contain invasive species, and has requested that the Town of Queensbury partner with LGPC and other municipalities to assist with the procurement and acquisition of essential program equipment and support services and associated administrative expenses by contributing $37,000 for 2021, and WHEREAS, by prior Resolution the Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding in the requested amount of$37,000 for the year 2022 with occupancy tax revenues received from Warren County, and Regular Town Board Meeting, 03-21-2022, MTG 99 500 WHEREAS, a proposed Agreement between the Town and LGPC has been presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the funding toward the aforedescribed boat launch inspection and boat wash program and the coinciding Agreement between the Town and the Lake George Park Commission (LGPC) substantially in the form presented at this meeting, and authorizes and directs the Town Supervisor to execute the Agreement,with such funding not exceeding the sum of$37,000 for the year 2022 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 and an increase of revenue coded 050-0000-51113 Occupancy Tax by $37,000 in the 2022 Budget, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments,transfers,prepare any documentation necessary and/or take any actions needed to provide for such payment, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Town Budget Officer taking such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None Regular Town Board Meeting, 03-21-2022, MTG 99 501 ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 03222022 RESOLUTION NO.: 130, 2022 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 Warrant: 03222022 with a run date of 03/17/2022 and a payment date of 03/22/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 03222022 with a run date of 03/17/2022 and a payment date of 03/22/2022 totaling $1,401,745.91, 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 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING OUT-OF-DISTRICT AGREEMENT FOR PROVISION OF WATER SERVICES BETWEEN TOWN OF QUEENSBURY AND 1533 QUEENSBURY LLC CONCERNING PROPERTY LOCATED AT 1533 STATE ROUTE 9, QUEENSBURY RESOLUTION NO.: 131, 2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury established and created the Queensbury Consolidated Water District(Water District) and the Queensbury Water Treatment Plant, and Regular Town Board Meeting, 03-21-2022, MTG 99 502 WHEREAS, 1533 Queensbury LLC, the new owner of the Comfort Suites Hotel (Owner) located at 1533 State Route 9 in the Town of Queensbury(Tax Map No.: 288.8-1-5.2) has requested that the property be provided Town water services, and WHEREAS, the Property is currently located outside of the boundaries of any Town Water District, and WHEREAS, the Water Superintendent/Wastewater Director has recommended that if the Town Board authorizes an Out-of-District Agreement for the supply of water services (Agreement) to such property in accordance with Town Law §198(3)(b) it do so contingent upon the Agreement containing provisions requiring the Owner to promptly: 1. provide the Town with an acceptable Map, Plan and Report to also extend the Greater Queensbury Consolidated Sanitary Sewer District to include such property; 2. grant an Easement to the property's northern border, such Easement to be in form acceptable to the Town Water Superintendent/Wastewater Director; 3. dedicate all infrastructure required by the Town Water Superintendent/Wastewater Director, and 4. reimburse the Town for its costs involved in such Sewer District Extension including attorneys' fees; and WHEREAS, the Town Board wishes to authorize the Agreement in form acceptable to the Town Supervisor, Town Water Superintendent/Wastewater Director and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the supply of water from the Queensbury Consolidated Water District's Water Treatment Plant to 1533 Queensbury LLC,the new owner of the Comfort Suites Hotel (Owner) located at 1533 State Route 9 in the Town of Queensbury (Tax Map No.: 288.8-1-5.2), and an Out-of-District Agreement for the provision of water services between the Town and Owner(Agreement)in form acceptable to the Town Supervisor, Town Water Superintendent/Wastewater Director and Town Counsel contingent upon the Agreement containing provisions requiring the Owner to: 1. provide the Town with an acceptable Map, Plan and Report to also extend the Greater Queensbury Consolidated Sanitary Sewer District to include such property; 2. grant an Easement to the property's northern border, such Easement to be in form acceptable to the Town Water Superintendent/Wastewater Director; 3. dedicate all infrastructure required by the Town Water Superintendent/Wastewater Director, and 4. reimburse the Town for its costs involved in such Sewer District Extension Regular Town Board Meeting, 03-21-2022, MTG 99 503 including attorneys' fees; and BE IT FURTHER, RESOLVED, that the Agreement shall provide that the new Owner provide such Map, Plan and Report and other items to the Town within 90 days of this Resolution, and BE IT FURTHER, RESOLVED, that no Certificate of Occupancy will be applied for or granted by the Town until after the Sewer District Extension for this parcel is to be established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Water Superintendent/Wastewater Director to execute the Agreement in form acceptable to the Town Supervisor, Town Water Superintendent/Wastewater Director and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Water Superintendent/ Wastewater Director to take all needed actions and make all necessary arrangements including executing and delivering the Agreement and documents for the supply of water in accordance with Town Law §198(3)(b)to effectuate the terms of this Resolution and connection authorized herein. Duly adopted this 21"day of March, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTHEASTERN DISTRICT BARBERSHOP HARMONY SOCIETY RESOLUTION NO.: 132,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 03-21-2022, MTG 99 504 WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the Northeastern District Barbershop Harmony Society (Barbershop) in an amount to make up for the Barbershop's projected budget deficit up to the amount of$1,300, whichever amount is less, with occupancy tax revenues received from Warren County and accordingly enter into a 2022 Agreement with the Barbershop toward the provision and promotion of a musical convention and contest, bringing in people from Canada,New York, Connecticut and Vermont,thus promoting events to the Town and area residents and visitors, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2022 Agreement between the Town and the Northeastern District Barbershop Harmony Society (Barbershop) and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, with funding for the Agreement not to exceed $1,300 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $1,300; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $1,300; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 21"day of March, 2022, by the following vote: Regular Town Board Meeting, 03-21-2022, MTG 99 505 AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING CHANGE ORDER WITH DAN'S HAULING & DEMO, INC. REGARDING DEMOLITION OF STRUCTURE ON PROPERTY LOCATED AT 32 HOMER AVENUE RESOLUTION NO.: 133,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by Resolution No.: 304, 2021, the Queensbury Town Board accepted and awarded the bid for the demolition of the structure on property located at 32 Homer Avenue from the lowest responsible bidder, Dan's Hauling & Demo, Inc., (Dan's Hauling) for the bid amount of$31,500, and WHEREAS, the Town's Addendum 41 to the Bid Award provided that the Town would sign a New York State Department of Labor Notification Fee Waiver (Waiver) and therefore, Dan's Hauling accordingly did not include the notification fee in its bid, and WHEREAS, upon further review, a waiver is inappropriate where, as here, the cost of demolition is less than the resulting value of the land at issue and the Town is therefore not in a position to sign the Fee Waiver form, and WHEREAS, the Town Board therefore wishes to authorize a Change Order with Dan's Hauling to cover this additional expense which is expected to be $4,000, NOW THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a Change Order with Dan's Hauling & Demo, Inc., as delineated in the preambles of this Resolution in the amount not to exceed $4,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute a Change Order in a form acceptable to the Town Supervisor, Acting Director of Building and Codes Enforcement and Town Counsel and/or any other needed documentation, and Regular Town Board Meeting, 03-21-2022, MTG 99 506 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs that payment shall be paid from Account No.: 001-3650-4400 Demolition — Misc. Contractual and assessed by the Town Board against the real property, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to transfer up to $4,000 from the General Fund Undesignated, Unappropriated Fund Balance to Account No.: 001-3650-4400 Demolition—Misc. Contractual, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Acting Director of Building and Codes, Town Purchasing Agent, Town Budget Officer and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 21" day of March, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None 5.0 CORRESPONDENCE - None 6.0 PRIVLEGE OF THE FLOOR (LIMIT- 4 MINUTES) DAVE DISANTOS (VIA ZOOM)-31 Marley Way, Queensbury also with Adirondack VRA, Adirondack Vacation Rental Association. We are for being good neighbors,responsible owners not discouraging rentals but addressing issues. Questioned the status of Short Term Rentals. COUNCILMAN FREER-We have gotten some good feedback. We're going through the official process and we'll actually have a Resolution setting, I hope at least two public hearings. One of the questions that folks have had is when is this going into effect and it is certainly not my intent to have it effect this year's season. We have looked at and made some recommendations but we'll wait for a public hearing and input. Actually, I have gotten some unofficial input and have reworded it a bit that I think people will be happy with. It scratches some of the issues that we've gotten and probably have those public hearings in May. We'll take that under advisement and try to decide what to do but it won't go into effect immediately, no earlier in my recommendation than next year. Does that answer most of your questions? MR. DISANTOS-I appreciate it. Can you speak to the changes? I understand that everything is still in the works right now but some of the advice that I have heard or folks can do is things like security cameras,restricting the age of renters,having a robust contract,etc. I would assume the Town's heard of these things. Also, reminding guests with signage on the property to be respectful of neighbors. Could you speak to any of the changes that are being considered at this point? Regular Town Board Meeting, 03-21-2022, MTG 99 507 COUNCILMAN FREER-One of the pushbacks that we got was a minimum of five days for rentals in order to discourage the party house kind of things. It's right now the current proposed current ruling covers that from 1 May to 30 October with the idea that you could rent for two days less than five days down to two days during the winter season. For two reasons,people typically don't rent for a whole week up here in the winter and many of the motels close. As it turns out I believe the Ice Castle's ticket sales would have been impacted had there not been Short Term Rental Properties available for folks to come up for those weekends. So,that's one area where we're trying to listen to folks who had a concern with that minimum five day thing. COUNCILMAN MCNULTY-That's still up for discussion. COUNCILMAN FREER-Again we're wanting to hear all the feedback. MR. DISANTOS-Of course, that is good. One of the things I was thinking about is that depending on the property owner and the usage it does help having folks there during the winter keeping the septic going the water, etc. I look forward to further discussions. I have been looking to some other towns, as I know you have heard a lot, especially up north. Some of the better resolutions and rules seem to not discourage rentals but address issues. That is what I think is the smart compromise that I think everybody would look for. COUNCILMAN FREER-We are trying to balance homeowner and property owner rights with neighborhood character and complaints. We don't want it to turn into a contentious issue here. I just hope that everyone in the Short Term Rental business realizes that the County wants their Occupancy Tax as well as from hotels. I am hoping we put it to good use when we get our share here at the Town of Queensbury. MR. DISANTOS-Understood. I was looking at Bolton's rules and regulations too and it seems that they have gone, not restricting the rentals but addressing the issues and imposing sanctions, etc. It might be something that you want to look at. COUNCILMAN MCNULTY-Dave, we are as concerned with the neighbor's rights and responsibilities as we are the owner's rights and responsibilities. That's another segment of the population that we really haven't heard from but they have rights just as the owners have rights. Whatever outcome we have is going to try to address both. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • At the Adirondack Chamber Meeting this week,there were lots of discussion on Short Term Rentals and we need to work on that at the County level once determined here. COUNCILMAN FERONE(WARD III) • I am happy to be back in person and glad the meetings are virtual. I had a great experience at Glens Falls Hospital and looking forward to getting back to my regular routine. COUNCILMAN FREER(WARD II) • I do want to give a shout out to something I got yesterday, the Stewardship of the Water by Assembly Point Water Quality Coalition. It's a history of preservation at Lake George and today, as I was reading it I want to point out, New York was very important in getting DDT outlawed in the early sixties. It really started the environmental movement. It was nice to see an Eagle flying at Glen Lake today which has come back to the region because we're able to get rid of DDT. This is a good news story,but we have a lot to do with climate changes. It's an excellent book. Regular Town Board Meeting, 03-21-2022, MTG 99 508 COUNCILMAN METIVIER(WARD 1) • I have nothing, except the ladies did a great job tonight. SUPERVISOR STROUGH • Announced that volunteers are being sought for Homebound Senior Meal Delivery Program. The Office for the Aging needs drivers in the Glens Falls,Queensbury and Lake George areas. A vehicle and availability in the late morning, early afternoon on weekdays are necessary. Kevin Geraghty, Chairman of the Warren County Board of Supervisors stated that our senior meal program is an important lifeline for many residents and our volunteers have been the backbone of the meal delivery effort. We appreciate all those that volunteer for this day. If you have any spare time during the day contact the Office for the Aging at 518-761-6347. • Announced march held for Ukraine with some of the Board Members last Sunday. It turned out to be a very successful fundraiser. • Announced the 2022 Rabies Vaccination Clinics being held by the Warren County Public Health Office; first one will be held here on May 14'',ten to noon at the Community Center, first and booster shots will be available. July 16'', the Chester Fire House, August 131', the Community Center, September 17'',the Chester Fire House, October 18'h and November 5 h, here at the Community Center and they are all ten to noon. COUNCILMAN MCNULTY noted there was a chat on zoom regarding the short term rental. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 134,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 21"day of March, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None Respectfully Submitted, Caroline H. Barber, Town Clerk Town of Queensbury MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I