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05-02-2022 MTG#13 REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 565 REGULAR TOWN BOARD MEETING MTG#13 MAY 2ND, 2022 RES#167-182 7:00 P.M. B.H. 39-43 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN TIMOTHY MCNULTY BOARD MEMBERS ABSENT COUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS DEPUTY HIGHWAY SUPERINTENDENT, MARK DEMERS PRESS MEDIA RESOURCE, STEVE THURSTON SUPERVISOR STROUGH-Called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 167, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from session and enters into the Queensbury Board of Health. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES: None ABSENT: Mr. Ferone PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF MORGAN STRITSMAN PUBLICATION DATE: April 22, 2022 AGENT NICK ZEGLEN, ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. NICK ZEGLEN-As the Supervisor said we are here tonight looking for one more variance. It was discovered during the stakeout that we should be measuring from the southern property line. The plans have an Enhanced Treatment Unit with a UV unit. They really did not change much from the first application. That is why we are here tonight. I will turn it back over to the Board for any questions. Thank you. REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 566 SUPERVISOR STROUGH-I will emphasize the fact that it does have a pretreatment a Norweco. It does have a UV System as part of the pretreatment, which are things that this Board likes to see. There is going to be a public hearing on this. Before I open, the public hearing is there any member of the Board that wants to speak to this or ask a question of the applicant's Agent? COUNCILMAN METIVIER-I'm good. COUNCILMAN FREER-My comment is this doesn't reflect well on your professionalism and hopefully it is a mistake that doesn't repeat. Try to be conscientious and comprehensive because we all like just driving around. MR. ZEGLEN-I understand. SUPERVISOR STROUGH-I will open the public hearing. Is there anyone here tonight that wishes to speak to this application? Seeing none, I will close the public hearing. PUBLIC HEARING OPENED No comment PUBLIC HEARING CLOSED RESOLUTION APPROVING MORGAN STRITSMAN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 39,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: BOH 80,2021, the Queensbury Town Board as the Town's Local Board of Health approved the application of Morgan Stritsman(Applicant) for variances from the Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of a replacement wastewater system with certain of its components to be located as follows: 1. Wastewater Absorption Field to be 71' from the well instead of the required 100' setback; 2. Enhanced Treatment Unit to be 4' from the foundation instead of the required 10' setback; 3. Pump Tank to be 3' from the foundation instead of the required 10' setback; 4. Wastewater Absorption Field to be I from the foundation instead of the required 20' setback; and 5. Wastewater Absorption Field to be 7' from the property line instead of the required 10' setback; on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 240.9-1-6, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 567 WHEREAS, the Applicant advised that when Applicant's contractor was on site to begin construction and during the preliminary stake-out,it was determined that the proposed system requires an additional variance and therefore the Applicant applied for an additional variance from Chapter 136 to install the Wastewater Absorption Field 84' from Lake George instead of the required 100' setback, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, May 2nd 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Morgan Stritsman for a variance from the Town's On-Site Sewage Disposal Ordinance to install the Wastewater Absorption Field 84' from Lake George instead of the required 100' setback on property located at 19 Private Road 41 off of Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 240.9-1-6, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 568 Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. Ferone PUBLIC HEARING — SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHAEL CRAFT PUBLICATION DATE: APRIL 22,2022 AGENT ERIC MURDOCK, ONSITE ENGINEERING PLLC SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. Received email on May 2, 2022 from Paul Scilipoti stating no opposition to the variance. (On file in Town Clerk's Office) MR. MURDOCK-This proposal includes putting in a Clarus Fusion Enhanced Treatment Unit followed by an Ultra Violet Light for disinfection. This marks a remarkable improvement over the existing septic system that is there. The existing system is a cesspool that dates back to the 1920's. We did the best job we could to maximize those separations distances to the neighbor's wells. We feel that putting in this Enhanced Treatment Unit with the disinfection mitigates those limited separation distances. SUPERVISOR STROUGH-You are using a Fusion ETU. MR. MURDOCK-Yes. SUPERVISOR STROUGH-Any questions for the applicant's Agent before I open the public hearing? Seeing none,I will open the public hearing. Is there anyone here tonight that wishes to speak to this application? Seeing none, I will close the public hearing. PUBLIC HEARING OPENED No comment PUBLIC HEARING CLOSED RESOLUTION APPROVING MICHAEL CRAFT'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 40,2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Michael Craft(Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to make modifications to an existing septic system with components proposed to be located as follows: 1. dispersal location to be 55' from the neighbor's drinking water well in lieu of the required 100' setback; 2. dispersal location to be 6' from the property line in lieu of the required 10' setback; 3. dispersal location to be 5' from the dwelling which does not have a basement in lieu of the required 20' setback; REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 569 4. treatment tank and pumping station to be 3' from the dwelling in lieu of the required 10' setback; and 5. treatment tank and pumping station to be 2.8' from the property line in lieu of the required 10' setback; on property located at 309 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, May 2nd 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 3. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Michael Craft for variances from the Town's On-Site Sewage Disposal Ordinance to make modifications to an existing septic system with components proposed to be located as follows: 1. dispersal location to be 55' from the neighbor's drinking water well in lieu of the required 100' setback; 2. dispersal location to be 6' from the property line in lieu of the required 10' setback; 3. dispersal location to be 5' from the dwelling which does not have a basement in lieu of the required 20' setback; 4. treatment tank and pumping station to be 3' from the dwelling in lieu of the required 10' setback; and 5. treatment tank and pumping station to be 2.8' from the property line in lieu of the required 10' setback; REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 570 on property located at 309 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 226.12-1-9, and BE IT FURTHER, RESOLVED,that the Enhanced Treatment Unit(ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone PUBLIC HEARING SEWAGE DISPOSAL VARIANCE APPLICATION OF CHRISTOPHER AND EVA DETMER PUBLICATION DATE: APRIL 22,2022 AGENT DAVID BOGARDUS, NORTHEAST LAND SURVEY SUPERVISOR STROUGH-Reviewed Resolution before opening public hearing. They were here before previously. We asked them if they could do something a little bit better than a traditional septic system given the fact that it is adjacent to a wetland and they did. MR. BOGARDUS-We are requesting one variance for setback to the wetlands for the septic system. It is an approved lot in an old subdivision. We worked with your Staff to engineer an updated septic system. We are using a Norweco Septic System tank. SUPERVISOR STROUGH-You are putting in pretreatment and that is going to be a Norweco. MR. BOGARDUS-Yes. SUPERVISOR STROUGH-Does it have UV treatment as well? MR. BOGARDUS-Yes. SUPERVISOR STROUGH-The variance you are asking for is about twenty-six foot. About seventy- four foot from the wetland instead of the required one hundred foot setback. MR. BOGARDUS-That is correct. SUPERVISOR STROUGH-Anything else? MR. BOGARDUS-No. SUPERVISOR STROUGH-Town Board any questions for the applicant's Agent before I open the public hearing? REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 571 COUNCILMAN MCNULTY-Do we have to read in the letter we received? SUPERVISOR STROUGH-No. I will mention it as part of the public hearing when I open it up. TOWN COUNSEL, SCHACHNER-To answer your question you do not have to read it in. Acknowledging it is very appropriate, but you do not have to read it in. SUPERVISOR STROUGH-Okay that is what we are going to do. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-We did receive a letter from Fitzgerald Morris Baker and Firth on April 29, 2002 (On file in Town Clerk's Office). They were concerned about the variance. I assume it is the variance of the seventy-four foot from the wetland in lieu of the required one hundred foot setback. That is an Army Corps of Engineer wetland. The normal distance is one hundred foot,but that is with the regular system. We have an Enhanced Treatment Unit System. They talk about other variances that have nothing to do with this Board. MR. BOGARDUS-I might add the site is on public water also. There is no well. SUPERVISOR STROUGH-Okay. That is public water as well. Is there anything else you would like to add before I open the public hearing? MR. BOGARDUS-No, I don't think so. SUPERVISOR STROUGH-If you will return to your seat I will call you back. I will see if you have any responses to anything that might be brought up. I will open the public hearing. Please introduce yourself for the matter of the record. MICHAEL CROWE, ESQ, FITZGERALD MORRIS BAKER FIRTH REPRESENTING THE BARTONS AT 66 BROWNS PATH-To reiterate for the record. It was a letter from our firm dated April 28, 2002 that you are referring to. I would just like to expand on that without going into detail to each point. The two questions essentially that is being asked of you in considering the variance is the minimum relief necessary. Are there feasible alternatives. Last month when we were here discussing this the feasible alternative that the applicant's Agent was presenting to you was to work with the Army Core of Engineer to move the wetlands back. That would do away with the need for the variance all together. That answer was provided by the applicant that there is a feasible alternative. That was the one that they were going to do with prior to this plan. From that standpoint,the answer to this is there a feasible alternative yes, there is. It would do away with the need for this Board to make a variance all together. Second of all in terms of the minimum relief necessary. I do not think we have a complete picture yet. While we did address the other variances that are needed those variances are not in front of you for a determination tonight. The fact of the matter is there is a number of variances that will have to be applied for and approved in order for this site to be built that all happen within the one hundred foot setback of the wetlands including adding impervious surfaces, reducing vegetation, building the four-bedroom house and garage. All things that can have a direct impact on the variance application that is before you. We are making a lot of changes in an area that is directly adjacent to the wetlands. We are not asking to make a determination as to what those variances should be. We believe that they should be considered as part of a comprehensive look. In terms of what impact are those other applications going to have on the one that is before you. I do not know the answer to that. That is something that the Town Engineer can look at and possibly tell you no they will have no impact on this or maybe they will. I cannot speak to that. I can say that all those things are happening right within the immediately adjacent area. I believe at this point and time in terms of the minimum relief necessary you cannot answer that question. What we cannot answer is that we do not need this variance at all because as was stated at the last meeting we can just push the wetland boundary back by going through the Army Corps of Engineers. That sounded like the direction I think we are headed...last month. For those two reasons, I would say we...need to get more information or deny the variance and go through the Army Corps of Engineers. SUPERVISOR STROUGH-I am looking at the lot. It is a valid lot. It was created, approved and so forth. Somebody is going to build something on it someday. I am looking at where the wetlands are located and where the leach field is and there is absolutely no other spot and I did a measurement. REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 572 There is no other spot on this lot where you could move that leach field any farther away from the wetlands other than where it is currently being proposed. ATTORNEY CROWE-I do not know that you can move any further away. I guess the point was at the last meeting you could move the boundary of the wetlands further away from the septic. That is the point that the Agent was making at the last meeting. SUPERVISOR STROUGH-I am not sure if that is a good idea or not. Given what I have been given here that is probably the best location for the leach field given that something is going to locate on this lot. It is a qualified lot. It is an approved lot. They are putting in an Enhanced Treatment Field. ATTORNEY CROWE-Sure.They are also putting in a garage,a four-bedroom house and a driveway. They are cutting down trees. SUPERVISOR STROUGH-That does not have anything to do with us. ATTORNEY CROWE-Actually it does. All of that changes the makeup of the lot all within the area adjacent to the wetlands. SUPERVISOR STROUGH-I don't think the Boards are going to look at this unless they can show that they can at least get a septic system. They have Town water. There is no Municipal septic here. They have to have an onsite septic system of some kind. The first one they came to us with was a traditional system. We thought they could do better.It cost more. The water that goes out to the leach field has been treated aerobically and anaerobically. ATTORNEY CROWE-Like I said I am not an Engineer. I don't know the impacts that those other variances may have on the wetlands. Also on the variance for the setback for the sewage. It is a hundred foot setback for a reason. SUPERVISOR STROUGH-Yes with a traditional field, but this has been pretreated. ATTORNEY CROWE-Sure. The Code does not distinguish between that. There is not a setback for one and a lesser setback for the other. SUPERVISOR STROUGH-Appendix 75-A has some catching up to do. Anyways that is just where I am coming at it. I have to see this as a potentially buildable lot. While the applicant's Agent is up here, are there any thoughts, concerns, questions? COUNCILMAN MCNULTY-I think just some education. SUPERVISOR STROUGH-...opposition to this. COUNCILMAN MCNULTY-As John said. It cannot go forward without this approval. The other variance that you mentioned, which may or may not be required will not come before the Health Board it will come before the Planning Board. Your discussion will be valid then in terms of the variances they are requesting. Our question is the septic system. ATTORNEY CROWE-Sure. If you look at each one of them in a segmented fashion. COUNCILMAN MCNULTY-We are because they cannot go forward with any request until they have an approved septic system as the Supervisor just said. You will have your chance to discuss these concerns that you have. I don't know how you move a wetlands boundary. That is beyond me as well. In terms as you are, saying how we go forward nothing happens until this variance is approved. Then the owner has to develop his plans and go before the Planning Board and lay out all the issues that you raised. Nothing happens until the septic system is approved. I don't know if the owners Agent has anything else to add. I am okay with this. TOWN COUNSEL, SCHACHNER-Councilman McNulty possibly the Zoning Board of Appeals instead or in addition to our Planning Board. COUNCILMAN MCNULTY-Thank you. REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 573 SUPERVISOR STROUGH-Anything else Michael? ATTORNEY CROWE-No. I just reiterate that it is...the segmented...that causes the problem. It is the fact that we are dealing the wetlands in one specific area with multiple different variances and all of those need to be looked at comprehensively and not in a segmented fashion. COUNCILMAN FREER-We got it. SUPERVISOR STROUGH-We are looking at the septic system. COUNCILMAN FREER-We are looking at the septic system. We understand your point, but that is not how we are setup. Thank you. SUPERVISOR STROUGH-If you take a look at Lake George. This Board is very concerned with what we do and human activity and how it negatively impacts Lake George. We almost always insist on having an ETU System for shoreline properties. This is a wetland and I am not saying one is more important than the other what we allow into Lake George. Why would we disallow them if they put an ETU for a wetland? I think the Board is going to be fairly confident that this is probably one of the safest systems to put in where it is being located. This site certainly has its challenges given that. We are looking at a septic system. Are we happy or not? This Board has not voted yet. We are here to listen. If there is anything else you would like to say you are welcome to do so. ATTORNEY CROWE-No. I will rely on everything else that is in the letter. There are some other public comments as well. I would just say that it requires the Town Engineer to take a further look at it. Thank you. SUPERVISOR STROUGH-Thank you. Anybody else from the audience like to speak to this application? CHUCK AND KIM BARTON, 66 BROWNS PATH-You just heard the testimony from our Attorney. We understand the procedural aspects of this. The entire development needs to be seen in front of several Boards. We were here at the last public hearing expressing concern about this application and how incomplete it was. The technical people went back, they made improvement, and they made an appropriate improvement. They also identified several other variances that are necessary. We understand that it will be for other Boards to be heard. We just want to express our concerns that there are so many variances necessary for this lot. It is an irregular lot and it does have wetlands. At a time when Upstate Towns are being inundated with people moving from metropolitan areas looking to push the limit on development of lots we have to stop somewhere. I think this is a good example. Where if you allow all these variances we are going to have a very irregular lot with wetlands being developed. If it is not this lot,then it could be future lots. SUPERVISOR STROUGH-Again, Chuck this Board is the Board of Health. We are looking at the septic system. Just for one variance,that is what we are looking at. We did not approve. We listened to you the first time through. A traditional system given the wetland we did not find that acceptable either. With a pretreatment and one of the best that does anaerobic and aerobic it makes that water going into the field almost drinkable. They drinkable, but I am not going to go there. That is how pure the water is before it gets to the ground. You could not ask for a better system. One variance. MR. BARTON-We understand that. We applaud the applicant improving the system. We need to point out that perhaps that would not have happened if we did not raise these issues. We understand that we have other Boards to go in front of to express our concerns and we accept that. SUPERVISOR STROUGH-Because you raised the issue you are getting a better system. I want to thank you for that. MR. BARTON-Thank you. SUPERVISOR STROUGH-Thank you. Anyone else like to speak to this application? TOM KUBRICKY-80 OAK VALLEY WAY-I hear the blue sky being talked. I want to just let everybody know about Browns Path. There are six houses in there that would not meet the setbacks of today's standards and they are for septic systems. There are roughly five to six houses that would REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 574 not meet that setback for the septic setbacks that are the standards for today the hundred foot setbacks. We are talking about other variances needed. There are four houses in there that are thirty-six feet from the wetlands. I know the system that the Detmer's are proposing to put in is probably the most advance systems I have ever seen in my life. SUPERVISOR STROUGH-Again, Tom we are not here to look at the variance of the structure... MR. KUBRICKY-I know you are not. SUPERVISOR STROUGH-Another Board will look at that. MR. KUBRICKY-You are correct. That is all I have to say. SUPERVISOR STROUGH-Thank you. Anybody else? The Agent for the applicant will you please return to the table. Do you have any thoughts after hearing some of the concerns? MR. BOGARDUS-No. SUPERVISOR STROUGH-Town Board any questions for the applicant's Agent? COUNCILMAN FREER-I guess this gets to the point that I made on several of these. I think we need to limit the approval with the stipulation that applicant complies with the O&M maintenance for the life of the system. I think by rule it is five years. My worry is that after someone else moves in and out people ignore the required maintenance. I think we need to stipulate that in our passing of this. SUPERVISOR STROUGH-I would agree with that. COUNCILMAN MCNULTY-I think it sets a standard. We want to be consistent. SUPERVISOR STROUGH-It is an expensive system. If any homeowner does go in on this lot. To not do the maintenance on this ETU it is going to be a very expensive lesson. Any other conditions that you would like to add or thoughts? Town Counsel did you approve an amendment to the Resolution that we might wish to consider. TOWN COUNSEL, SCHACHNER-No I did not. It is not up to me to approve it; however, I did prepare one. SUPERVISOR STROUGH-Would you share that with us. TOWN COUNSEL, SCHACHNER-I believe the suggestion from the Counsel was that the applicant comply with all system maintenance requirements. I wrote applicant or successors comply with all systems maintenance requirements so that the burden goes with the land not specific to the applicant. SUPERVISOR STROUGH-Okay. Is that acceptable to the Board amended as you stated. PUBLIC HEARING CLOSED RESOLUTION APPROVING CHRISTOPHER AND EVA DETMER'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 41,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Christopher and Eva Detmer (Applicants) have filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 575 136 to install a leaching system 73.9' from a wetland in lieu of the required 100' setback on property located at 70 Browns Path in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on May 2nd 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance 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 Christopher and Eva Detmer for a variance from the Town's On-Site Sewage Disposal Ordinance to install a leaching system 73.9' from a wetland in lieu of the required 100' setback on property located at 70 Browns Path in the Town of Queensbury and bearing Tax Map No: 296-11-1-9 with the condition that the Applicants or their successors comply with all system maintenance requirements. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ROBERT AND JEAN TARRANT RESOLUTION NO.: BOH 42,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 576 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,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 toe of fill to be 81' from the westerly well in lieu of the required 100' setback; 2. Absorption field toe of fill to be 2' from the northerly property line in lieu of the required 10' setback; 3. Fuji Clean Enhanced Treatment Unit (ETU) to be 5' from the house in lieu of the required 10' setback; 4. Fuji Clean ETU to be 7' from the northerly property line in lieu of the required 10' setback; 5. Pump station to be 40' from the Lake George shoreline in lieu of the required 50' setback; 6. Pump station to be 7' from the property line in lieu of the required 10' setback; 7. Pump station to be 4.5' from the house in lieu of the required 10' setback; 8. Force main to be 3' from the house in lieu of the required 10' setback; and 9. Force main to be 43' 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 RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, May 16'', 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 REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 577 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 2nd day of May, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT:Mr. Ferone RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 43,2022 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 the Queensbury Board of Health and moves back into the Town Board of the Town of Queensbury. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES: None ABSENT: Mr. Ferone 2.0 PUBLIC HEARING PUBLIC HEARING — PROPOSED EXTENSION #2 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE TIDAL WAVE AUTO SPA LOCATED AT 708 QUAKER ROAD, QUEENSBURY PUBLICATION DATE: APRIL 22,2022 SUPERVISOR STROUGH-This is the car wash that is towards the Dixon Road, Quaker Road intersection. When it was built, the Town of Queensbury did not have a sewer line that far down Quaker Road. There was,however,a sewer line on Dix Avenue that was the City of Glens Falls. The City of Glens Falls gave them permission to tie into their sewer. The problem with this is according to the City among other things if they do not pay their sewer rent it is tough for them to get it because they are in another Town. For that reason and others, Chris Harrington our Wastewater Director had asked the new applicant if they would consider tying into the Queensbury line at Quaker Road. They said yes they would do that. That would cost some extra money, but it saves a lot of people a lot of headaches. This requires an extension to the Town's Greater Queensbury Consolidated Sanitary Sewer District to be known as the Greater Queensbury Consolidated Sanitary Sewer District 42 to Serve Tidal Wave Auto Spa located at 708 Quaker Road in the Town of Queensbury. The Extension 42 has been determined to be a State Environmental Quality Review Act Unlisted Action and a SEQRA Short Environmental Assessment Form has been prepared. After the public hearing, Town Counsel will lead us through the SEQRA format. There is a public hearing on this tonight. Is there anybody present that wishes to speak to this Sewer District Extension pretty much described as I told you? I will open the public hearing. PUBLIC HEARING OPENED REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 578 No comment PUBLIC HEARING CLOSED Short Environmental Assessment Form Part 2 —Impact Assessment 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulation? No 2. Will the proposed action result in a change in the use or intensity of use of land? No 3. Will the proposed action impair the character or quality of the existing community? No 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? No 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? No 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? No 7. Will the proposed action impact existing: a. public/private water supplies? No B. public/private wastewater treatment utilities? No 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? No 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? No 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? No 11. Will the proposed action create a hazard to environmental resources or human health? No RESOLUTION ADOPTING SEQRA DETERMINATION OF NON-SIGNIFICANCE REGARDING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 2 RESOLUTION NO.: 168 (A),2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to establish an extension to the Town's Greater Queensbury Consolidated Sanitary Sewer District to be known as the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 2 to serve the Tidal Wave Auto Spa (TWAS) located at 708 Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) in accordance with New York Town Law Article 12-A, and WHEREAS, such Extension No. 2 has been determined to be a State Environmental Quality Review Act (SEQRA) Unlisted Action and a SEQRA Short Environmental Assessment Form (EAF) has been prepared, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 579 WHEREAS, the Town's Wastewater Director has not identified any environmental impacts, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the SEQRA Short Environmental Assessment Form (EAF) and thoroughly analyzing the action for potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the EAF by checking the box indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:Mr. Ferone RESOLUTION APPROVING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT EXTENSION NO.: 2 TO SERVE TIDAL WAVE AUTO SPA LOCATED AT 708 QUAKER ROAD, QUEENSBURY RESOLUTION NO. 168 (B),2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the Tidal Wave Auto Spa (TWAS) located at 708 Quaker Road in the Town of Queensbury, New York (Tax Map No.: 303.15-1-12) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map,Plan and Report(Map,Plan and Report)has been prepared by Pennoni Engineering & Surveying of New York, P.C. concerning the proposed Sanitary Sewer District Extension 42 (Extension 42)to connect the proposed Property to the existing Greater Queensbury REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 580 Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been accepted by the Town and has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension 42, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, on April 18'', 2022 subsequent to the filing of the Map, Plan and Report with the Town Clerk,the Town Board adopted an Order(Public Hearing Order)reciting(a)the boundaries of the proposed Extension; (b)the proposed improvements; (c)the maximum amount proposed to be expended for the improvements;(d)the fact that all costs of the improvements will be paid for by the property owner and not the Town of Queensbury, (e)the estimated cost of hook-up fees (if any) and the estimated annual cost of the Extension to the property in the Extension; (f)the proposed method of financing to be employed;(g)the fact that a Map,Plan and Report describing the improvements is on file in the Town Clerk's Office; and (h) the time and place of a public hearing on the proposed Extension; and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and also placed on the Town's website, and WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees(if any)and the cost of the Extension to the Property were computed was filed with the Town Clerk for public inspection as part of the Map,Plan and Report, and WHEREAS, the estimated annual cost of the Extension to the parcel has been filed with the Town Clerk and is made a part of the Map,Plan and Report, and WHEREAS, a public hearing on the proposed Extension was duly held on Monday, May 2na 2022 and the Town Board has considered the evidence given together with other information, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 581 WHEREAS,the Town Board has considered the establishment of the Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS,the Town Board wishes to establish the proposed Extension in accordance with Town Law Article 12-A, and NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby determines that: 1. Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the Extension are benefited thereby; 3. All property and property owners benefited are included within the limits of the Extension; 4. It is in the public interest to establish, authorize, and approve the Greater Queensbury Consolidated Sanitary Sewer District Extension No. 2 to the Greater Queensbury Consolidated Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties of the Extension to be as described in the Map, Plan and Report and Public Hearing Order; and BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Greater Queensbury Consolidated Sanitary Sewer District Extension No.2 in accordance with the boundaries and descriptions set forth above and in the previously described Map, Plan and Report and Public Hearing Order and construction of the improvements may proceed and service provided subject to the following; 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any necessary permits or approvals from the New York State Department of Transportation and any other required permits; 4. The Town being satisfied that construction of all improvements has occurred in accordance with the Map, Plan and Report and subsequent dedication of all improvements to the satisfaction of the Town; 5. Permissive Referendum in the manner provided in New York State Town Law Article 7; and 6. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 582 RESOLVED, that this Resolution is subject to Permissive Referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such Notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a form to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. Duly adopted this 2nd day of May, 2022, by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT:Mr. Ferone 3.0 PRIVILEGE OF THE FLOOR FOR RESOLTTIONS ONLY(LIMIT-3 MINUTES) No Comment 4.0 RESOLUTIONS RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND THE CONKLING CENTER RESOLUTION NO.: 169,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service Agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with The Conkling Center to support in part The Conkling Center's On The Go transportation program for senior community members, and WHEREAS, a proposed Agreement between the Town and The Conkling Center has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and The Conkling Center for the year 2022 with funding for the Agreement not exceeding the sum of $10,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 2nd day of May, 2022, by the following vote: REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 583 AYES : Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES :None ABSENT:Mr. Ferone RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 170,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with the Glens Falls Area Youth Center for the provision of such services including career counseling and dinners to economically disadvantaged youths residing in the Town and surrounding area, and WHEREAS, a proposed agreement between the Town and the Glens Falls Area Youth Center has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Glens Falls Area Youth Center for the year 2022 with funding for the Agreement not exceeding the sum of $12,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone RESOLUTION AUTHORIZING AGREEMENT WITH WARREN COUNTY HISTORICAL SOCIETY RESOLUTION NO.: 171,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 584 WHEREAS, by prior Resolution, 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 Warren County Historical Society (Historical Society), is a not-for-profit educational organization chartered in 1997 by the New York Education Department for the collection, preservation, and promotion of the heritage of Warren County, including the Town of Queensbury, and has and will benefit the Town's residents by continuing to contribute to the promotion and preservation of the Town's history and heritage, and WHEREAS, the Town Board wishes to provide funding to the Historical Society in the amount of$2,000 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Historical Society for the year 2022 for general promotion purposes, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Agreement between the Town and the Warren County Historical Society substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$2,000 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 an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $2,000 and increase the revenue coded 050-0000- 51113 Occupancy Tax by $2,000, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 585 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2022 Town Budget, make any adjustments, budget amendments,transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution, 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 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone RESOLUTION AUTHORIZING AGREEMENT WITH NY SPYDER RIDERS, INC. RESOLUTION NO.: 172,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by prior Resolution, 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, NY Spyder Riders, Inc., is a 503c(7) organization responsible for an annual event, "SpyderQuest" which promotes motorcycle safety, touring and comradery, which event averages 350 participants, thus helping to promote the Town of Queensbury by drawing people to the Town and its surrounding area's hotels and motels, restaurants, stores and other businesses, thereby benefiting the general economy of the Town and all of Warren County, and WHEREAS,the Town Board wishes to provide funding to the NY Spyder Riders,Inc., in the amount of$3,000 with occupancy tax revenues received from Warren County and accordingly enter REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 586 into an agreement with the NY Spyder Riders,Inc.,for the year 2022 for general promotion purposes, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Agreement between the Town and the NY Spyder Riders, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding the sum of$3,000 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 an increase of appropriations in Occupancy Tax Account No.: 050-6410-4412 by $3,000 and increase the revenue coded 050-0000- 51113 Occupancy Tax by $3,000, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2022 Town Budget, make any adjustments, budget amendments,transfers or prepare any documentation necessary, and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate all terms of this Resolution, 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 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone RESOLUTION AUTHORIZING CHANGE ORDER NO.: 1 TO ELECTRICAL CONTRACT WITH HAROLD R. CLUNE,INC. IN CONNECTION WITH HIGHWAY STORAGE BUILDING CAPITAL PROJECT NO.: 238 RESOLUTION NO.: 173,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 587 WHEREAS, by Resolution No.: 162,2021, the Queensbury Town Board authorized in part the establishment of the Highway Building on Big Bay Road Capital Project No.: 238 to fund expenses related to the purchase and construction of a Highway Department Storage Building on Big Bay Road (Storage Building) and the purchase and construction of a Rough Order Magnitude (ROM) Storage Building by BlueScope Construction, Inc., and WHEREAS,by Resolution No.: 222,2021,the Town Board authorized BlueScope's Revised Proposal/Agreement which included work to construct the Storage Building's foundation, floor and building, and plumbing and electrical work, but excluded work to complete the inside plumbing, electrical and HVAC finish work, such excluded work to be bid out by the Town as authorized by Resolution No.: 181, 2021, and WHEREAS, by Resolution No.: 328,2021, the Town Board authorized engagement of The Chazen Companies(now known as LaBella Associates,P.C.)for Mechanical(HVAC),Electrical and Plumbing (MEP) engineering and construction phase services and LaBella Associates, P.C. accordingly prepared bid documents and specifications, and WHEREAS,upon the proper advertisement and receipt of bids,by Resolution No.: 384,2021, the Town Board accepted and awarded the bids for the Electrical and Plumbing Contracts from the lowest,responsible bidders meeting all bid requirements in each category as follows: • Electrical - Harold R. Clune, Inc. - $ 55,900. • Plumbing - R. F. Gordon Mechanical, LLC - $ 53,207 and WHEREAS, LaBella has advised that the Town requested additional electrical work and upon LaBella's review of such additional work as completed by Harold R. Clune, Inc., the costs for the work coincide with what was expected, resulting in a $2,046.94 increase in the Electrical Contract as set forth in Harold R. Clune, Inc.'s proposed Change Order No.: 1 presented at this meeting, and WHEREAS, LaBella has therefore recommended that the Town Board authorize Change Order No.: 1 in the amount of$2,046.94, REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 588 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and approves Harold R. Clune, Inc.'s Change Order No.: 1 dated 3/26/2022 in the amount of$2,046.94 as described in the preambles of this Resolution bringing the total Electrical Contract amount for Harold R. Clune, Inc., to $57,946.94, to be paid for from Highway Building on Big Bay Road Capital Project Fund No.: 238, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Change Order No.: 1 substantially in the form presented at this meeting and/or any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to adjust the Project's appropriations and/or take any other needed actions as necessary to effectuate payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Town Budget Officer to take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM UNDESIGNATED GENERAL FUND BALANCE TO REPLENISH CAPITAL RESERVE NO. 64 RESOLUTION NO.: 174,2022 INTRODUCED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 589 WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 400,2015, in order to comply with the requirements of Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Definitions (GASB54), the Queensbury Town Board adopted a Fund Balance Policy, and WHEREAS, in accordance with such Fund Balance Policy, the Town Budget Officer has recommended that the Town Board transfer $1,250,000 from the Town's undesignated, unassigned General Fund's Fund Balance to Capital Reserve No. 64 in order to fund future capital projects, and WHEREAS, the Town Board therefore wishes to authorize the Town Budget Officer to replenish Capital Reserve No. 64 by appropriating $1,250,000 of undesignated, unassigned Fund Balance from the General Fund and transfer such amount to the Capital Reserve No. 64, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes and directs the Town Budget Officer to transfer$1,250,000 from the Town's General Fund undesignated,unassigned Fund Balance to the Capital Reserve No. 64 and make any adjustments,budget amendments,transfers or prepare any documentation necessary to establish appropriations and estimated revenues and take all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone RESOLUTION TO AMEND 2021 AND 2022 TOWN BUDGETS RESOLUTION NO.: 175,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 590 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2021 and 2022 Town Budgets as follows: 2022 To Code Appropriation Code Appropriation $ Increase Revenue 001-0000-52680 Insurance 2,365 Recovery Increase Appropriation 001-3310-4160 Traffic Signs 2,365 2021 001-1680-2031- 019 Equipment 001-1680-4720 Consultant 1,650 Duly adopted this 2nd day of May, 2022 by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone RESOLUTION AUTHORIZING ACCEPTANCE OF FUNDS FROM TOWN CEMETERY COMMISSION TOWARD ELECTRICAL WORK AT PINE VIEW CEMETERY RESOLUTION NO.: 176, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,by Resolution No.: 331,2021,the Queensbury Town Board approved the Town Cemetery Superintendent's purchase of a floating fountain with lighting kit to provide supplemental aeration at the pond located at the Pine View Cemetery, and WHEREAS,the Cemetery Superintendent has requested Town Board approval to engage the services of an electrician to complete the required electrical work to provide power service to the fountain, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 591 WHEREAS,the Cemetery Superintendent obtained three quotes for such electrical work and Maddison's Contracting and Repair submitted the lowest quote in the amount of$8,950, and WHEREAS,the Town Cemetery Commission has offered to fund such work and the Town Board wishes to authorize the acceptance of such funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Cemetery Superintendent's engagement of Maddison's Contracting and Repair to complete the required electrical work to provide power service to the fountain at the Pine View Cemetery for an amount not to exceed$8,950 as set forth in Maddison's Contracting &Repair's Quote dated 4-13-22 presented at this meeting, and BE IT FURTHER, RESOLVED,that such authorized electrical work to be provided by Maddison's Contracting & Repair shall be subject to all applicable New York State Department of Labor regulations pertaining to prevailing wages, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the acceptance of payment in the amount of$8,950 from the Town Cemetery Commission to fund such purchases, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the 2022 Town Budget by: • Increasing Appropriation—Misc. Equipment—002-8810-2001 by $8,950; • Increasing Revenue—Misc. Revenue—002-0000-52770 by $8,950; and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 592 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor,Cemetery Superintendent 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 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING PURCHASE OF FLOATING DOCK FROM THE DOCK DOCTORS FOR CAPITAL PROJECT AT GLEN LAKE BOAT LAUNCH AREA RESOLUTION NO.: 177, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 124,2022, 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 Glen Lake Boat Launch Area(Project), and WHEREAS, the Town's Director of Parks and Recreation has requested Town Board approval to purchase a floating dock for the Project, and WHEREAS, the Director of Parks and Recreation requested and received quotes for the floating dock and the lowest quote is from The Dock Doctors dated 4-21-22 in the amount of $14,680.40, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Director of Parks and Recreation's purchase of a floating dock for the Glen Lake Boat Launch Dock Capital Project from The Dock Doctors in the amount of$14,680.40 in accordance with The Dock Doctors' quote dated 4-21-22 substantially in the form presented at this meeting, to be paid for from Account No.: 140- 7110-2899, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 593 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs 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 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY YOUTH FOOTBALL RESOLUTION NO. 178,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service Agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with Queensbury Youth Football, Inc., for the provision of such services, and WHEREAS, a proposed Agreement between the Town and the Queensbury Youth Football, Inc., has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Queensbury Youth Baseball & Softball for the year 2022 with funding for the Agreement not exceeding the sum of $5,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING SALE OF OBSOLETE LARGE FORMAT SCANNER/PRINTER TO TOWN OF KEENE REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 594 RESOLUTION NO.: 179,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with New York State Town Law §64, the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town Clerk previously advised the Town Board that a large format scanner/printer in the Records Management Office(Asset 4: 9355) is no longer needed, obsolete and in the process of being replaced, and WHEREAS, the Town Clerk has therefore requested Town Board authorization to sell the obsolete large format scanner/printer to the Town of Keene for$1, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Town's sale of a large format scanner/printer (Asset 4: 9355) which is no longer needed by the Town, obsolete and of no material value,to the Town of Keene for$1, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer to take all actions needed to effectuate the terms of this Resolution. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone RESOLUTION APPROVING AUDIT OF BILLS—WARRANT: 05032022 RESOLUTION NO.: 180,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 595 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 05032022 with a run date of 04/28/2022 and a payment date of 05/03/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 05032022 with a run date of 04/28/2022 and a payment date of 05/03/2022 totaling $972,233.39, 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 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON 2022 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NORTH QUEENSBURY RESCUE SQUAD,INC. RESOLUTION NO.: 181,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town, and WHEREAS, the Town's Agreement with the North Queensbury Rescue Squad, Inc. expired as of December 31, 2021, and REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 596 WHEREAS, in such Agreement the Town and the North Queensbury Rescue Squad, Inc. agreed that the terms and provisions of the existing Agreement may continue during the interim period pending execution of a new Agreement, and WHEREAS, by Resolution No.: 118, 2022, the Town Board authorized a revised, new 2022 Emergency Ambulance Services Agreement between the Town of Queensbury and the Bay Ridge Rescue Squad, Inc., effective April 1st, 2022 through December 31", 2022, and WHEREAS, the North Queensbury Volunteer Rescue Squad, Inc. and Bay Ridge Rescue Squad, Inc. worked together and negotiated terms for a Paid Staffing and Collaboration Agreement effective June 1st, 2022 in order to improve public safety and have provided the Town Board with a copy of such Paid Staffing and Collaboration Agreement, and WHEREAS, the Town and the North Queensbury Rescue Squad, Inc. have negotiated terms for an Agreement for general emergency ambulance services effective June 1, 2022 through December 31, 2022 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b),the Town Board wishes to set a public hearing concerning such proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement for a total amount of$304,600 between the Town of Queensbury and the North Queensbury Rescue Squad, Inc. effective June 1, 2022 through December 31, 2022 on Monday, May 16'h, 2022 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten(10) days prior to the Public Hearing. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mr. Ferone 5.0 CORRESPONDENCE REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 597 None 6.0 PRIVILEGE OF THE FLOOR(LIMIT-4 MINUTES) JOHN BURKE, 1376 BAY ROAD-Asked the Board for an update regarding the road detour on Bay Road at the Firehouse. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Traffic Study on Corinth Road the tentative date for the release of the findings is May 24 h, 2022. Based on the way it was funded they are going to give the presentation to the County DPW. I hope to be able to attend, if not, I can get a copy of it and share the results. • We continue to gather data and talk to interested parties regarding Short-Term Rentals. • Spoke regarding highway signs for kids playing-DRIVE SLOW. There was some discussion with Counsel and with our Insurance Agents about concerns putting up those signs. Provided the signs are put up in accordance with all State Regulations, there are no concerns from the Insurance Company about putting the signs up. The Highway Department is concerned about sign pollution. As a Town Board, we have to be careful where we want to put them. It is another one of our tools to be able to control traffic in the Town. We have a couple of roads that have expressed a desire to do this. • Spoke regarding the letter received from the Trackey Family on Jenkinsville Road regarding receiving regular updates. COUNCILMAN FREER(WARD II) • Congratulated Supervisor Strough on his many years serving on the SUNY Board of Trustees. Wished Supervisor Strough a Happy Birthday. • Spoke regarding the Short-Term Rental Law. There is no intent to rush this. No earlier than the first of the year will we be trying to put any other restrictions up for changes to our Short- Term Rental Law. We will have a Workshop a couple Public Hearings to take input. We are trying to balance the property owner's interest and the community character interest. I think we are on the right track. I hope that people continue to make their issue known. COUNCILMAN METIVIER(WARD 1) • Noted he has been getting a few phone call regarding Bay Road. I have emailed Sheriff Jim LaFarr asking him to have his Deputies monitor the road for safety issues. • Attended the Barbershop Quartet Saturday evening noting it was a fun evening. The performers were amazing. It was a good crowd. It was a great event. I hope they come back. SUPERVISOR STROUGH • Congratulated Deputy Clerk O'Brien on her retirement. • Spoke regarding the spring cleanup noting they are working on rules for picking up the brush for next year. • Looking for volunteers from the community to be on the Comprehensive Land Use Plan Steering Committee. We have two openings on the Planning Board for Alternates and one opening on the Zoning Board for Alternates. REGULAR TOWN BOARD MEETING 05-02-2022 MTG413 598 • Memorial Day Parade will be held this year. The theme for this year is Our Freedom Their Sacrifice. It is a day to commemorate all the men and women who died while serving in the Military who paid the ultimate sacrifice for protecting our freedoms. Following the Parade around 11:30 a.m. there will be a Remembrance Ceremony. • Looking for volunteers for our Homebound Senior Meal Delivery Program. If you can volunteer,please call (518)761-6347. • Rabies vaccination clinic to be held on May 14, 2022 at the Queensbury Community Center 10:00-Noon. Other clinics to be held on July 16d' 2022, August 13, 2022, September 17th, 2022, October 15d', 2022 and November 5 h, 2022. • The Queensbury Seniors are a great group of people, well organized. They do many fun things. If interested in joining go,to their website. It will give you the information to become a member. • Thanked Joel Barlow, Media Resource. Town Counsel, Mark Schachner, Deputy Town Clerk, O'Brien, Town Board Members, Members of the public. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 182,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 2nd day of May, 2022, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:Mr. Ferone Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O'BRIEN, DEPUTY TOWN CLERK H