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08-21-2023 MTG#27 Regular Town Board Meeting, 08-21-2023, Mtg#25 1 REGULAR TOWN BOARD MEETING MTG#27 AUGUST 21, 2023 RES. #287-299 7:00 P.M. BOH #49-51 LL#10 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS Look TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 287, 2023 INTRODUCED BY: Mr. George Ferone 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 2I st day of August, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 1.1 PUBLIC HEARING- SEWAGE DISPOSAL VARIANCE APPLICATION OF THOMAS HEINZELMAN Publication Date: August 12, 2023 SUPERVISOR STROUGH reviewed proposed application and six variances being requested. The agent and the applicant is before me today. Is there anything else you would like to add to what I've said? You are welcome to do so. TOM HUTCHINS-Good evening, Tom Hutchins with applicant Tom Heinzelman. We looked at it today. We all went through it. It is a matter of the location of the force main and the pump on a narrow section of property with limited space and this provides a vastly improved system. Regular Town Board Meeting, 08-21-2023, Mtg#25 2 There is an adjoining parcel that the applicant is co-owner of and they have an easement agreement drafted. The absorption field septic tank will all be compliant so it is just a matter of the pump station force main. Anything you want to add? TOM HEINZELMAN-That is all. SUPERVISOR STROUGH-Alright, before I open up the public hearing any Town Board members have questions for the applicant or the applicant's agent? COUNCILMAN FERONE-No. COUNCILMAN MCNULTY-Just for the record, it is a system that the owner, it is not a transfer, it is the owner who wants to upgrade the system to make sure it is working properly. SUPERVISOR STROUGH-Okay, thank you Tim. Alright, I will open up the public hearing. Is there any member of the public? Let's just see if there is somebody that wants to speak to this and if there is, I'll ask you to sit down. Okay, there is somebody that wants to speak to this. So, the public hearing is open. Please introduce yourself for the matter of the record. PETE ROZELL-Sure, my name is Pete Rozell, I live at 47 Reardon Road. I am part owner or owner on all three parcels surrounding this. I think this is a great project from what a lot of these camps used to have and I am all for it. SUPERVISOR STROUGH-Alright, thank you. MR. ROZELL-Pretty simple. SUPERVISOR STROUGH-Any other member of the public wish to speak to Tom Heinzelman's application for sanitary sewage disposal variances? Alright, seeing none I will close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN FREER-I would like to make that motion and also thank Tom for being a steward of Glen Lake and I think our communities continuing to become better stewards of our valuable water and lake. RESOLUTION APPROVING THOMAS HEINZELMAN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 49,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Thomas Heinzelman (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new replacement onsite wastewater treatment system with its components to be located as follows: 1. Grinder Pump to be 3' from the house in lieu of the required 10' setback; 2. Grinder Pump to be 6' from the southerly property line in lieu of the required 10' setback; 3. Force Main to be 28' from the well in lieu of the required 50' setback; 4. Force Main to be 0' from the easterly property line in lieu of the required 10' setback; Regular Town Board Meeting, 08-21-2023, Mtg#25 3 5. Force Main to be 6'from the southerly property line in lieu of the required 10' setback; and 6. Septic Tank and Absorption Field to be located on the southerly adjoining parcel; on property located at 52 Reardon 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 August 21', 2023, 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Thomas Heinzelman for variances from the Sewage Disposal Ordinance to install a new replacement onsite wastewater treatment system with its components to be located as follows: 1. Grinder Pump to be 3' from the house in lieu of the required 10' setback; 2. Grinder Pump to be 6' from the southerly property line in lieu of the required 10' setback; 3. Force Main to be 28' from the well in lieu of the required 50' setback; 4. Force Main to be 0' from the easterly property line in lieu of the required 10' setback; 5. Force Main to be 6' from the southerly property line in lieu of the required 10' setback; and 6. Septic Tank and Absorption Field to be located on the southerly adjoining parcel; Regular Town Board Meeting, 08-21-2023, Mtg#25 4 on property located at 52 Reardon Road in the Town of Queensbury and bearing Tax Map No: 289- 7-1-19. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION GRANTING GINNIE CHAGNON FARRELL A WAIVER OF ESCROW DEPOSIT AND AN EXTENSION OF TIME TO COMPLETE INSTALLATION OF CODE COMPLIANT ONSITE WASTEWATER TREATMENT SYSTEM ON PROPERTY LOCATED AT 11 PALMER DRIVE RESOLUTION NO.: BOH 50,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution the Queensbury Town Board previously adopted Local Law 2 of 2018 entitled "Septic Inspection Upon Property Transfer" which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of an OWTS meeting all standards is not completed within the time provided, and WHEREAS, a change of deed for property located at 11 Palmer Drive in the Town(Tax Map No.: 316.17-1-8)occurred on or about December 9t', 2022 and when the required property transfer septic inspection took place, it was found that the existing OWTS was deficient; however, a new Code compliant OWTS is not able to be completed within the required six (6) month time period, and WHEREAS,by letter dated July 20, 2023, Ginnie Chagnon Farrell(Applicant),advised that due to a financial hardship,Applicant is unable to pay the required$2,000 refundable escrow deposit and unable to arrange for installation of a new OWTS and therefore has requested that the Town Board grant a waiver of such deposit and additional time to complete such work to August 21st 2024 and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested waiver and extension, Regular Town Board Meeting, 08-21-2023, Mtg#25 5 NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Ginnie Chagnon Farrell a waiver of the required $2,000 refundable escrow deposit and an extension of time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 to complete installation of a new Code compliant onsite wastewater treatment system (OWTS) on Property located at 11 Palmer Drive until August 21', 2024, and BE IT FURTHER, RESOLVED, that the existing camp on the Property shall not be inhabited nor utilized for rental use until a new Code compliant OWTS has been approved and installed as confirmed by the Director of Building and Codes Enforcement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT : None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 51, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone Regular Town Board Meeting, 08-21-2023, Mtg#25 6 2.1 PUBLIC HEARING- Proposed Local Law No.: of 2023 to Amend Queensbury Town Code Chapter 136 "Sewer and Sewage Disposal" Publication Date: August 12, 2023 SUPERVISOR STROUGH-Next we have public hearings, proposed amending to Chapters 136 and 137, 136 is Sewers and Sewage Disposal and 137 Septic Systems. So let me explain, the proposed changes to Chapter 137. There are two articles in Chapter 137. Article 1 that deals with our law called the septic inspection upon property transfer and that is if a shoreline property transfers ownership of any kind the septic system gets inspected. It has turned out to be a very good law. About 80% of the systems have needed some kind of amending to improve their health: sometimes complete changes; they were failing. This law does not change that. This law changes the number of years in which if you have had an inspection you do not need to do another inspection. So, before it was three years. We are trying to put our Code in accordance with Lake George Park Commissions Code and five years is the standard. So, we are changing our septic inspection upon property transfer to five years. So, if you've had an inspection in the last five years and you have a property transfer you won't need another inspection. Okay, Article 2 of Chapter 137, deals with one of the most unique districts in New York titled "The North Queensbury Wastewater Disposal District No.I", Barbara and Len Simms came to us and wanted this system: one of the first of its kind for their own septic inspections. They were very concerned about the water quality on Lake George and wanted to do something about it and they know that one of the major contributors to polluting the water body is a septic system that is failing. This Board thought it was a good idea. We worked with Barbara and Len Simms and we formed the Wastewater Disposal District. So,there is two changes being proposed for them. One is instead of every three years for a septic inspection they are going to be in accord with the Lake George Park Commission and it is going to be every five years, and they also said what about ETU's, Enhanced Treatment Units. Most of the time the Enhanced Treatment Unit is a pretreatment. They have gotten wonderful technology these days so that if you have an ETU by the time it gets out to the filtration bed, it is pretty clean water. Some claim it is drinkable, not me thank you. However, anybody that owns an ETU has to go through an annual, semi-annual and in some cases quarterly inspections making sure the whole system works. So they said, why do they have to go through the North Queensbury Wastewater Disposal Districts requirement of pumping and inspection every five years? They get inspected every year if not more and we said okay, fine if they also approved the de-box and the septic field is working we are fine with that, won't have to have an independent inspection. Okay so those are the changes being proposed for Chapter 137. Alright, Chapter 136, called Sewers and Sewage Disposal, if you put in a filtration system and that is where most of the remediation happens, you only have to put it two feet above bedrock or something other impermeable with a water table. That is not sufficient protection. Lake George does not allow it. The whole Watershed of New York City does not allow it. So, we changed that to three foot. It is more in accord with people who are very concerned about the water quality of the Lake that they are next to. They did not mind the extra foot. It is extra protection. The other item, change to Chapter 136 is New York's Appendix 75A. If you put in an ETU, it allows a 33% reduction in the bed. Now given Short-term Rentals and giving the stresses and strains and given the situation where we want assurances that this septic system is going to function in all cases, we're not going to allow the 33% reduction in a bed if you have an ETU. It will have to remain the same standard size as everyone else. Those are the changes, that's it. Alright, so I have a public hearing on this. Is there any thought that the Town Board wants to share with the public before we have a public hearing? Okay. COUNCILMAN FREER-So John, I think there is obviously some confusion or we would not have this group of folks but it is my understanding that the ETU waiver was that we have been treating it previously, if there was a waiver for the 100 feet from the water body. But the way this is worded I think it is, it is confusing at best. SUPERVISOR STROUGH-I think you are confused. COUNCILMAN FREER-Okay. SUPERVISOR STROUGH-I am sorry. What we would want to do is mandate that if you are asking for a variance from the distance from the shoreline to the bed that would require an ETU to be installed. COUNCILMAN FREER-Okay, but that's in here too? Regular Town Board Meeting, 08-21-2023, Mtg#25 7 SUPERVISOR STROUGH-No. COUNCILMAN FREER-Okay. SUPERVISOR STROUGH-We decided not to go that route for whatever reason but we did decide that because of Short-term Rentals and other issues we shouldn't allow the reduction of the bed size just because you have an ETU. Yes, ETU's are good and yes ETU's are being encouraged and yes this Board does suggest ETU's when you are asking for a variance from the absorption bed distance from the water. COUNCILMAN FREER-Right, I get all that but the only time that we have not allowed for a reduction is if the bed is somehow close to a water body. Is that not correct? SUPERVISOR STROUGH-No, we said one time or another and we talked about in the Workshop that we were opposed to any reduction in the field size even if you had an ETU. COUNCILMAN FREER-Yeah, but it was my understanding there was the caveat was if you had an ETU and you were trying to get close to the lake with your bed but we can listen to what people have to say. SUPERVISOR STROUGH-Yes. COUNCILMAN FREER-Okay, thank you. SUPERVISOR STROUGH-Okay, anything else from the Board? COUNCILMAN FERONE-No. SUPERVISOR STROUGH-Okay, let me open up the public hearing first on Chapter 136 Sewage and Sewage Disposal, which is again to repeat it is the minimum of three feet of usable soil above the bedrock or impervious material and that installing an ETU will not mean that 33% reduction in the absorption bed. Okay, anybody from the public wish to speak to those proposed amending of Chapter 136? COUNCILMAN MCNULTY-John, if we can, gentlemen there are a couple of seats in the front if you would like to sit down,just so you know. SUPERVISOR STROUGH-Yes, sir please identify yourself for the matter of the record. PAUL DERBY-I am Paul Derby, 31 Canterbury Drive, I am also the President of the Glen Lake Protective Association. So, I think there are tremendous amount of confusion about what these changes are. I will say that the language that was provided to the public was quite unclear. So, I think the questions that are out there are ones that may or not be true but let me ask about the hypotheticals. So, for 137, 136 I am talking about and talking about ETU's. One could read that to say that any system within 500 feet of Glen Lake or a water body would require an ETU. That's not true. SUPERVISOR STROUGH-That is not true. Show me where it says that. COUNCILMAN FREER-Are you reading your, this is what they are referring to. SUPERVISOR STROUGH-Require them a separation distance of 500 feet. It is, what does it say? COUNCILMAN FREER-I am just showing you what the confusion is of that. SUPERVISOR STROUGH-I am not seeing it. Okay, it is saying that you're not entitled to a reduction of 33%, Appendix 75A of the New York State Code allows you a 33%reduction in the absorption bed if you put in an ETU. MR. DERBY-I understand that. Regular Town Board Meeting, 08-21-2023, Mtg#25 8 SUPERVISOR STROUGH-We're saying no if you are living in the Critical Environmental Area and 1,000 feet of Lake George and it is pretty much in accord with the Lake George Park Commission. MR. DERBY-Okay, it's also my understanding that this, these proposed changes was to be in accord with the Lake George Park Commission regulations. SUPERVISOR STROUGH-Yes. MR. DERBY-But you can see the confusion right? It says, I mean it reads if adopted the proposed Law would amend to include definition of Enhanced Treatment Unit require a minimum separation of a distance of 500 feet from the septic leach field on Lake Sunnyside, Round Pond, Glen Lake and surrounding CEA. COUNCILMAN METIVIER-Where are you reading that Paul? TOWN COUNSEL HAFNER-What are you reading Paul? MR. DERBY-I am reading from Resolution Number 677, 2023 that was given to me by this Town a few days ago. TOWN COUNSEL HAFNER-Okay. COUNCILMAN METIVIER-I'm saying, is that in the first paragraph. SUPERVISOR STROUGH-Second whereas. COUNCILMAN METIVIER-No, I see that. MR. DERBY-The second whereas. SUPERVISOR STROUGH-The Local Law would amend Chapter 136 to include a definition of ETU. I did not mention that because I knew what it was going to include the definition of an ETU. MR. DERBY-Okay. SUPERVISOR STROUGH-To require a minimum separation distance of 500 feet between septic leaching facilities and Lake Sunnyside and/or within the Round Pond Critical Environment Area, Rush Pond, so it should be reading this Paul and perhaps Counsel. TOWN COUNSEL HAFNER-Mr. Supervisor let's just go to what the law is. The law changes because the whereas is not binding it is supposed to explain it will sort of set the scene but the Local Law adds three things which are exactly what the Supervisor described. The first is the definition of ETU. The second is that the minimum depth of three feet also applies within a 500 feet of Lake Sunnyside, Glen Lake and Rush Pond. The third thing is that the thing that John explained much more simply than the language shows but that they are not going to let you use less for the absorption bed for ETU's that they could allow under State regulations but language itself is those three things. I do not know if you saw the proposed Local Law. COUNCILMAN MCNULTY-Is the concern with the wording of the 500 feet? AUDIENCE-Yes. MR. DERBY-There are two concerns that came out and a lot of us because we did not have all the information. One is there was an idea out there that everyone within a Critical Environmental Area would be required to have an Enhanced Treatment Unit. SUPERVISOR STROUGH-That is not the case. Both I and the Town Counsel explained it is the definition of an ETU which I didn't get into. If you live in the Critical Environmental Area Regular Town Board Meeting, 08-21-2023, Mtg#25 9 and you do put in an ETU you are not going to be required to an automatic reduction of your field. Now, you can still request a variance for it, sure you can. MR. DERBY-Right. SUPERVISOR STROUGH-But it is not automatic. You are going to have to request a variance and the third one is three feet of separation from an impermeable surface. MR. DERBY-Right, correct. SUPERVISOR STROUGH-That's it. TOWN COUNSEL HAFNER-I do not know, did you actually get to see the Local Law? MR. DERBY-No. TOWN COUNSLE HAFNER-I can hand him a copy of mine. I mean it was, it is in it, is on. SUPERVISOR STROUGH-I think I did send it to you didn't I? MR. DERBY-No. TOWN COUNSEL HAFNER-Well, it is on our website but I will hand you. COUNCILMAN MCNULTY-So, if I can ask Bob. So, the 500 within 500 feet of the ...of the water is in our current law? SUPERVISOR STROUGH-That is for Lake George. COUNCILMAN MCNULTY-But, in the same sentence it includes the Lakes. SUPERVISOR STROUGH-It is already defined a Critical Environmental Area for Glen Lake, Lake Sunnyside. MR. DERBY-There is just a great amount of confusion as you can see and obviously misinformation that is happened people talking back and forth. I don't think there was enough information out here to be able to educate everybody about what this is about. SUPERVISOR STROUGH-Okay, that is fine we will do that tonight if we can. TOWN COUNSEL HAFNER-But that is the Local Law that would adopt if the Town Board went forward with it after the public hearing and it does the three things that Supervisor Strough explained. SUPERVISOR STROUGH-Again, added the definition for ETU and then promised the 33 reduction in the bed site because you put in an ETU and the absorption field has to be three foot above an impermeable surface. MR. DERBY-Got it. SUPERVISOR STROUGH-Okay. It applies to everything in the Critical Environmental Area which is 500 feet. COUNCILMAN MCNULTY-So I have to understand and George and John I appreciate your comments the within 500 feet has to only do with the three feet of usable soil above bedrock. It is not saying anything to do with the current that your system has to be within 500 feet. It is just saying the if you are going to put something in three feet of usable soil has to be above the bedrock if it is within the 500 feet of Round Pond. So, it is not saying anything about everybody has to have a system within 500 or can't have a system if it is not within 500 feet. It is specifically towards the three foot of bedrock. MR. DERBY-Right, I understand. Regular Town Board Meeting, 08-21-2023, Mtg#25 10 COUNCILMAN MCNULTY-Correct, but does everybody, I got it I think now because we talked about it this afternoon. I was not sure about the 500 feet. We talked about it earlier today. MR. DERBY-Right, we did. COUNCILMAN MCNULTY-So I think with when you read the whole paragraph it says that the only issue within the 500 feet is you got to have the three foot of bedrock. COUNCILMAN FREER-Unfortunately, the Resolution wasn't all that clear. MR. DERBY-Yeah, it is not clear. TOWN COUNSEL HAFNER-Right. I think the Local Law it is and I have the rest of 136-9 and it is exactly what is in there that doesn't have the bold. We already required three feet of usable soil above bedrock for properties within a 1,000 feet of Lake George and now we are treating the other areas like this but only 500 feet instead of 1,000. COUNCILMAN FREER-The reason that three feet is important is because even these Enhanced Treatment Units don't do a good job of filtering the phosphorus which is the driving contaminate pollution problem that we have in our lakes up here. MR. DERBY-I have no problem with any of those. I personally think everybody should have an Enhanced Treatment Unit because they're better for the lakes. It is just a lot of confusion out there. So let me ask you one hypothetical while I am up here. So say somebody has a system that is six years old. It is a conventional septic system and then the leach field right now is at a 104 feet from the lake. That system would pass inspection with the new Codes? SUPERVISOR STROUGH-What is wrong with the system? COUNCILMAN MCNULTY-If it is functioning than yes it would pass. If it is not functioning it would not pass. SUPERVISOR STROUGH-Well what's wrong with it? MR. DERBY-Nothing is wrong with it. SUPERVISOR STROUGH-I know it; now you are confusing me. MR. DERBY-Yeah, I know because then you know then we are looking at the Critical and the separation thing. I do not know. I do not know if you want to go to 137 now while I am up here or not so, however, you want to do it. I can tell you right the other big issue was that the interpretation was that every property owner septic would be inspected within a five-year rotation. That's not true? SUPERVISOR STROUGH-No, do you see anything in Chapter 136 that speaks to a five-year rotation? MR. DERBY-Or 137. SUPERVISOR STROUGH-No, 137 does not apply to. It applies to North Queensbury Wastewater Disposal District and property transfers. That's all. MR. DERBY-Okay. SUPERVISOR STROUGH-Alright. MR. DERBY-Just beware it does not say it. SUPERVISOR STROUGH-Sorry for the confusion but that's the purpose of a public hearing and it gives me an opportunity to clarify. So 500 feet in the Critical Environmental Area are two of the same things. Regular Town Board Meeting, 08-21-2023, Mtg#25 11 MR. DERBY-Right. SUPERVISOR STROUGH-So, you know so we added a definition for ETU. We are also saying if you put in an ETU and you are within the Critical Environmental Area you are not going to get a 33 percent reduction in the size of the bed unless you ask for a variance. The third thing is that it's got to be three foot above an impermeable surface which, I don't, to my knowledge would not apply to Glen Lake. I do not know is there any bedrock on properties? MR. DERBY-Bedrock,probably not. SUPERVISOR STROUGH-And I don't know of any clay layers. It is almost all that glacial tilt around Glen Lake so I don't think that three-foot separation would come into play here. MR. DERBY-And does that apply to water surfaces as well three-feet to the water table? SUPERVISOR STROUGH-Yes, if your water table is high to my knowledge that's not the case of any residence that I can think of around Glen Lake, however, if it was we would require three- foot instead of two-foot. MR. DERBY-Okay. I think part of the confusion was I sat in that workshop meeting and there was talk about mounded systems and ETU's being required. SUPERVISOR STROUGH-I know we talked about a lot of things. MR. DERBY-Yeah, we talked about a lot of things. SUPERVISOR STROUGH-I am sorry for the confusion but the amending of Chapter 136 are those three things. One the definition of an ETU, if you put in an ETU you are not automatically going to get a variance from the absorption bed size and you have to be three-foot above an impermeable surface. If you have an impermeable surface. Those are the, that is it. MR. DERBY-Okay, all right, we will see what others have to say. SUPERVISOR STROUGH-Okay, thanks Paul. Yes, sir identify yourself for the record please. DAVID DOSTER-David Doster, 94 Ash Drive aka Glen Lake Casino. So again, thank you. I always have the question why, right? So, you start the conversation with talking about two years ago real estate transfer law, eighty-five percent of those required some type of intervention which is great but how is that? How is our lake? How are we doing compared to then? Have you tested the water? SUPERVISOR STROUGH-We are doing an Environmental Review right now of Glen Lake and Paul is aware of that. He is active in that and Dave Hodgson's and others are very active in that. We'll know, I mean if by appearances, I kayak it all the time, it is looking pretty good. MR. DOSTER-You are on the lake more than I am. SUPERVISOR STROUGH-It is looking better. I think we got to continue working on it, septic systems, their upgrades, storm water. I am going to guess that those are the two things identified as needs. We thought we would be proactive and get right on top of some of the obvious things that could be done to help out. MR. DOSTER-So, you don't know though. We don't know the water quality compared to then compared to now and then we're making additional changes so we really won't be able to tell what is working and what is not. SUPERVISOR STROUGH-Well, let's cross our fingers and hope that it helps. MR. DOSTER-Yeah, so can I go back to what is driving these additional changes? Regular Town Board Meeting, 08-21-2023, Mtg#25 12 SUPERVISOR STROUGH-It is what others are using for the same rationale as were providing in that it will probably improve septic system quality and be less likely to contribute to the lake's pollution. Because the two things that contribute to the lake's pollution and feed milfoil. MR. DOSTER-So you cannot tell me what pollution that is? That's what I am asking. SUPERVISOR STROUGH-Oh, phosphorus, nitrogen. It varies. Substances that feed milfoil and so forth. Okay. MR. DOSTER-Okay. I just have not seen any data. It would be nice to be able to measure that where we have made changes. SUPERVISOR STROUGH-There is data out there. MR. DOSTER-We have agreed to changes and we support the changes that you made two years ago. SUPERVISOR STROUGH-I did not come prepared with the data. MR. DOSTER-Now, we are making additional changes and we don't know the success or failure of those changes what our quality is currently and then what it is going to be, so. SUPERVISOR STROUGH-Well were riding on the shoulders of others who have done this with success and why wouldn't with Glen Lake. MR. DOSTER-Yeah, different Lake, different circumstances, different people. Again, I am not being a naysayer. I run a company. And again I wouldn't be making massive changes like this without being able to say this is what we have done in the past, would be, if I was looking at my Board they would be like what is your success, what have you done, why are you making these changes. Now, I think our lake quality, the water quality is great. We all have an invested interest in it. But, it would be great if you could you know we are making incremental changes that if we knew the success of the changes that we made prior to making massive additional changes and frankly potentially burden the homeowners. I can tell you my taxes are through the roof, going through the roof. I think they have doubled more than doubled over the last five years. They have gone up twice-massive amounts and now adding and looking at additional burdens you just approved prior to me as I was walking in the door someone who could not afford to do anything and you could be adding additional burden to homeowners without having a reason or data to support what that is. That's all and I just want to know what that is. SUPERVISOR STROUGH-All right, thank you David. MR. DOSTER-Alright. SUPERVISOR STROUGH-There is plenty of research to prove this is good. MR. DOSTER-Somewhere. SUPERVISOR STROUGH-Yeah, it is all over. Alright, Google it and you will find it. Yes, ma'am please identify yourself for the record. LINDA CLARK-Linda Clark, Benmost Bur Lane, Glen Lake. First of all, I wanted to address transparency here. I think there was a major fail on the transparency issue. You know when we went through the Septic Transfer Law you presented to the Glen Lake Association to inform and educate. You conducted meetings here in this room so that we could have a clear understanding of what your intent was and what these laws would do for us and of course for the lake which is our number one priority everyone in this room that is our number one priority. I am not against protecting the lake. I am against laws that create financial hardships and these laws do that. One, at some point or another it is going to create a financial hardship. Last year you approved nearly a 58%tax increase. We pay extra to have lakefront properties, I get it. We pay extra to maintain the lake water quality. We pay extra if we want to rent out an area on our property for the bed tax. And yet, we are not seeing any of this money coming back to our lake in terms of Regular Town Board Meeting, 08-21-2023, Mtg#25 13 assistance to people who are in need for these new septic requirements. You are aligning us with Lake George, again not a bad thing. Is there something wrong with the mic? SUPERVISOR STROUGH-I hope not. MS. CLARK-Okay, not a bad thing. But Lake George those multimillion dollar residence have grants available to them. They have grants available to them. We do not. We are a whole different income level on Glen Lake. And I do not understand how you cannot take the bed tax and all of the extra taxes that you collect on us and create some kind of grant program for people on Glen Lake. It is a public lake. We have public access. You should be able to find a way to do that with all the extra money that you collect from us. Again, if you are going to create new requirements I ask that you be transparent with us and give us information that we clearly can review, study and come in and talk to you about without having it thrown at us at a meeting. So you are saying to us that you are going to explain this now but none of us is going to have the time to be able to sit down and intensely review what it is that you intend to do. Because you have not been transparent. Also, in what Mr. Doster said this was my last note. Please explain to me what kind of lake quality review you have done to justify a Class B Lake to live up to the same expectations as a Class A Lake which is Lake George. And your, the State's justification for giving Lake George grants and Glen Lake no grants. We're too clean for Class B Lakes so we do not get grants but Lake George with all those incomes gets grants. It doesn't wash with me at all and this is disturbing. SUPERVISOR STROUGH-Okay, thank you. HERBERT LEVIN-My name is Herb Levin, I have a seasonal residence at 37 Birch Road, for the last 38 years. My property is currently for sale and I would like to go back to the Resolution. I would like to have you consider tabling the Resolution and rewriting it in clear language because as I read it, it says require a minimum separation of 500 feet between the septic leaching facilities and Glen Lake. TOWN COUNSEL HAFNER-Can I, can I jump in? SUPERVISOR STROUGH-Yes. TOWN COUNSEL HAFNER-Because I think that seems to be part of the confusion and the part that from a Lawyers point of view is not binding and what I really think happened is that part of a sentence got left out. So, I think what it was supposed to do was to follow what the Local Law says and instead say require a minimum depth of three feet of usable soil above bedrock impervious material or maximum high seasonal groundwater within a separation distance of 500 feet. I think part of clause got left out. I think that if that had been in there it would have been clear to people and it is what is in the actual Local Law that you are considering adopting. MR. LEVIN-If using an ETU that's the requirement. TOWN COUNSEL HAFNER-This is. MR. LEVIN-See this, you are right something is missing. TOWN COUNSEL HAFNER-Well, I just think a line got left out in print and I did not pick that up in reading it. SUPERVISOR STROUGH-Well, what it says is that if you live in the Critical Environmental Area of Glen Lake or others and you are going to put in a septic system the absorption bed has to be three feet above an impervious layer, if an impervious layer has been identified as we do test. Or if you're putting in an ETU and you're in the Critical Environmental Area which is 500 feet, we're not going to give an automatic reduction in your absorption field size. That is basically it. MR. LEVIN-I agree with all that but it is not very clear. SUPERVISOR STROUGH-Okay, well. Regular Town Board Meeting, 08-21-2023, Mtg#25 14 MR. LEVIN-And one other thing earlier in this at this meeting you said that anyone who is applying for a variance would have to put in an ETU? SUPERVISOR STROUGH-No. MR. LEVIN-So the set lights say the setback from the side. SUPERVISOR STROUGH-What we said, as a matter of course when people have asked us for a variance to put their absorption bed less than 100 feet from the shoreline, we usually asked for an ETU. It is not mandatory. MR. LEVIN-Okay. SUPERVISOR STROUGH-If you can rationalize otherwise we will listen. No, it is not mandatory. MR. LEVIN-Would you be willing to rewrite this Resolution? SUPERVISOR STROUGH-Bob is that. TOWN COUNSEL HAFNER-Well I provided language that I would suggest make it clear because it just left out that language that is in actual the Local Law. SUPERVISOR STROUGH-Okay, could you run that by us? TOWN COUNSEL HAFNER-Sure. SUPERVISOR STROUGH-One more time. TOWN COUNSEL HAFNER-In the second whereas, it has the first one that goes up to semi- colon after the semi-colon is where the question seems to come up and it starts with require a minimum and then I think some language got left out. So I am proposing to add after require a minimum add the words, depth of three feet of usable soil above bedrock, impervious material, or maximum high season groundwater within a, and then continue on. Because that is what the Local Law that we drafted says. SUPERVISOR STROUGH-Okay, is that okay with... TOWN COUNSEL HAFNER-And I think that will get rid of the confusion. SUPERVISOR STROUGH-Is that better? MR. LEVIN-It is better. SUPERVISOR STROUGH-Not good but better? TOWN COUNSEL HAFNER-Because that is, there is only three things that it does and the second thing only kicks in for the three feet of usable soil. SUPERVISOR STROUGH-Alright, Colleen can, I think the Board is interested in getting at least that rewrite if we are going to consider this tonight. MR. LEVIN-Thank you. SUPERVISOR STROUGH-Okay, you are welcome, thank you. All right, so... COUNCILMAN MCNULTY-John, I got a question, so Bob the way it is written in the Local Law is exactly what you just said. TOWN COUNSEL HAFNER-Yes that's where I quoted the language. COUNCILMAN MCNULTY-It is just missing the three foot. Regular Town Board Meeting, 08-21-2023, Mtg#25 15 TOWN COUNSEL HAFNER-It is missing the... COUNCILMAN MCNULTY-The whereas, which is what we discussed. TOWN COUNSEL HAFNER-Because that was left out it does seem to say it is requiring a minimum separation distance of 500 feet which is ludicrous for every Glen Lake property we see. COUNCILMAN FREER-Well then to the people here that was the confusion. TOWN COUNSEL HAFNER-It was only that language was left out. SUPERVISOR STROUGH-Okay. TOWN COUNSEL HAFNER-Okay, and if you but again if you read the Local Law it is I think it says it clearly. SUPERVISOR STROUGH-Okay. COUNCILMAN FREER-Well, I guess I am not. TOWN COUNSEL HAFNER-And that is what would be adopted. COUNCILMAN FREER-I am not comfortable given the input to make this change without people at least having a chance to review it again. TOWN COUNSEL HAFNER-It is not changing the Local Law it is changing the whereas in the Resolution, you're ... COUNCILMAN FREER-I get it Bob, I get it. I just you know there are a lot people here that got confused by the Resolution and it was not correct. TOWN COUNSEL HAFNER-It's a Town Board decision. SUPERVISOR STROUGH-Come on forward please. BARB SCHRADER-My name is Barb Schrader, at 21 Fitzgerald. I think what we're missing here is that the confusion is the 500 feet. And if I understand John correctly he is saying the 500 feet is the definition of being a CEU. COUNCILMAN METIVIER-CEA. MS. SCHRADER-CEA, to me it is... SUPERVISOR STROUGH-CEA, ETU's.. MS. SCHRADER-Sorry there are so many of them I know. To me it sounded like I have to have my leach field 500 feet away from everybody else and the way it is worded with the 500 feet it's not clear. SUPERVISOR STROUGH-And Bob just, we understood that ... MS. SCHRADER-Okay, but even within your understanding your definition still has the 500 feet in there and the way it is written... TOWN COUNSEL HAFNER-Because the three feet of soil above kicks in, in two situations within a 1,000 feet of Lake George which is what our Local Law currently says and it is adding within 500 feet of Lake Sunnyside, Rush Pond and Glen Lake. MS. SCHRADER-I guess I do not understand why you still have the term separation distance of 500 feet between septic leaching facilities and whatever body of water because I do not think any of us have 500 feet between lots much less between our septic's and the water. Regular Town Board Meeting, 08-21-2023, Mtg#25 16 TOWN COUNSEL HAFNER-No. MS. SCHRADER-So I wonder where that 500 feet came in unless it is just the definition of, if you are within 500 feet you are part of the CEA. SUPERVISOR STROUGH-Yeah. TOWN COUNSEL HAFNER-Yes. MS. SCHRADER-So it is confusing the way it is written. TOWN COUNSEL HAFNER-So if you want we could delete out separation distance of and it still will work within a within 500 feet of those areas. MS. SCHRADER-I mean unless you are saying the definition of the CEA is 500 feet from a, I think that is just confusing. SUPERVISOR STROUGH-I think you are right. I see it now. MS. SCHRADER-Okay, sorry. SUPERVISOR STROUGH-And.. TOWN COUNSEL HAFNER-We can definitely do that, I think. SUPERVISOR STROUGH-What it should read, the ETU and definition of ETU nobody has a problem with that. So what we are talking about if you are in the CEA, we're proposing that if you put in an ETU you won't get a reduction in bed size. And we're proposing if you are in the CEA, that's 500 feet, same thing and you are putting in a filtration bed and we've discovered an impermeable layer like clay, bedrock or water table, we are asking you to add another foot of filtration rather than two feet which we're uncomfortable with and we are going by the newer standards that are being set all over the Nation in regards to this. We didn't develop this, it's already been developed. We're trying to adopt a law that I think helps insure quality of Glen Lake. We are just trying to do the right thing. The language was very confusing. I am sorry about that. I can see it. I am sorry about that. It was just one of those typo kind of things but it comes down to I think I made it perfectly clear of what it is. It is just that the language reflect what we all understand what it is at this point. And Bob, I don't think they are even comfortable with what you proposed. Scratch that require a minimum separation distance of 500 feet between leaching fields, get rid of it. TOWN COUNSEL HAFNER-Okay. SUPERVISOR STROUGH-Alright. TOWN COUNSEL HAFNER-We already deleted separation distance. We have to keep the 500 feet but not between .. SUPERVISOR STROUGH-Well, no. TOWN COUNSEL HAFNER-Septic leaching is within... SUPERVISOR STROUGH-No. TOWN COUNSEL HAFNER-500 feet of Lake Sunnyside. SUPERVISOR STROUGH-No, you do not have to keep the 500 feet separation distance. TOWN COUNSEL HAFNER-Okay. SUPERVISOR STROUGH-Anything within a CEA and by definition the CEA is 500 feet from the shoreline. Regular Town Board Meeting, 08-21-2023, Mtg#25 17 TOWN COUNSEL HAFNER-Okay. SUPERVISOR STROUGH-If you are within a CEA there is two things that apply and we have to make the quite clear. The ETU definition nobody cares about. TOWN COUNSEL HAFNER-And I think the Local Law is very clear. SUPERVISOR STROUGH-It does in the end but in the beginning if we can state it more clearly. TOWN COUNSEL HAFNER-In the whereas? SUPERVISOR STROUGH-Can you work on that while we... TOWN COUNSEL HAFNER-Sure. SUPERVISOR STROUGH-Continue on. Yes, sir identify yourself for the record. MIKE ROZELL-I am Mike Rozell, 56 Reardon. I think what I'm hearing here is that I think pretty much the handful of Glen Lake residents that are here which is more than a handful. I think they are very confused on your, the piece of paper that got sent out. And in fairness to the rest of Glen Lake people it would be really nice if you would send out one that was a lot more clear and concise cause as I listen to you it sounds like what you intend is very good but what you have on your piece of paper, that is not going to fly. SUPERVISOR STROUGH-And Mike I do not have a problem with that. This does not have to be done tonight. MR. ROZELL-I think that is the concern with 80% of the people. SUPERVISOR STROUGH-And we can send something out to the people that.. MR. ROZELL-I think they would appreciate it and a little more concise. SUPERVISOR STROUGH-Well, let's see what the will of the Board is but I personally do not have a problem with that, okay. MR. ROZELL-Thank you. SUPERVISOR STROUGH-Thank you. Anybody else? Yes sir. BILL MANSMANN-Good day, my name is Bill Mansmann, I live at 19 Chestnut Road. I think the.. SUPERVISOR STROUGH-Joe Mantz? MR. MANSMANN-Bill Mansmann, 19 Chestnut Road. I think the confusion comes in here was this idea of a Critical Environmental Area that is labeled that 500 feet which is not something that you decided it has come from State of New York. SUPERVISOR STROUGH-Well we adopted it, it is you have been a CEA for decades. MR. MANSMANN-That has nothing to do with the setback from when you install a septic system or this conventional one or whether it is an ETU. So that idea of that Critical Environmental Area it is throwing the confusion in because there is no one in any of these bodies of water that has a 500 setback. 500 foot setback for your leach field and that is just from what you are saying is that if you have 500 feet you would be entitled to that 33%reduction in your leach field if you were outside that 500 foot mark isn't that, wouldn't that be the correct thing? So that it is the idea of the Critical Environmental Area that number is just people are a little bit scared because none of us have 500 feet to put a leach field in. Regular Town Board Meeting, 08-21-2023, Mtg#25 18 SUPERVISOR STROUGH-What I am going to suggest to the Town Board and I do not think there will be any resistance is that we step back from approving this and we'll send out an amended version that makes it more clear. Okay. COUNCILMAN FREER-You want a motion approving it? SUPERVISOR STROUGH-Not yet. We still have the public hearing. Anybody else? Yes sir. RUSS CANTERBURY-Russ Canterbury, 39 Canterbury Drive. SUPERVISOR STROUGH-I am sorry, Russ? MR. CANTERBURY-Russ Canterbury. SUPERVISOR STROUGH-Okay. MR. CANTERBURY-So my family has been here since 1959 and had some contemplated what is going on here within the last period of time, perhaps by now we would have a sewers. We have a lot of storm water that comes and goes and so forth. Obviously, a lot of people are putting a lot money into new systems, old systems, ETU's, etc. and these inspections that are going to ensue and so forth. How about five, ten, a twenty-year plan, or something to get us brought up to what much of the modern world is, a sewer system. SUPERVISOR STROUGH-Well, I would love that and we had one... MR. CANTERBURY-It has been sixty years for my family. SUPERVISOR STROUGH-Yeah, I know. I would love to see that but ... MR. CANTERBURY-Maybe put it on an agenda to trickle along. SUPERVISOR STROUGH-We can always take a look at it. COUNCILMAN METIVIER-John, didn't we do that... COUNCILMAN MCNULTY-John, I think if I can ... COUNCILMAN METIVIER-That sewer... MR. CANTERBURY-It is never going to go away unless we get it ... COUNCILMAN MCNULTY-In anticipation of all you leaving once we finish this discussion, we're in the middle of doing our Comprehensive Master Plan Review, that is an excellent topic to bring up into the system. So we can get it formalized and we put it on our plan or we discuss putting it in our plan so we can move forward twenty to thirty years. You are going to see information put out about a survey that you can put in those kind of suggestions. You can do it right now. We are online now, there is a way you can pin drop it on the map but put it in a survey. But take advantage of that Comprehensive Master Plan Review to tell us what you would like to have done in Glen Lake but also greater Queensbury. We are going to put that into the plan so that is the way to discuss that. MR. CANTERBURY-There is an 85% failure rate for these transfers and that does not include what is going on with storm water. It is not going to get resolved unless there is ... SUPERVISOR STROUGH-No but, I also, it says that this Town Board has neglected in some way Glen Lake and I don't think that is the case. We funded independently of the district and the money from the district we funded independently from that a rather expensive Environmental Study that is underway right now for the needs of Glen Lake. It is looking at everything. It is looking at the whole watershed and Paul Derby may want to come down and speak to that because again it does not appear to me that a lot of you know about that. But aside ... Regular Town Board Meeting, 08-21-2023, Mtg#25 19 COUNCILMAN FREER-I want to add to Tim's suggestion and encouragement to take a look at the survey or go on the Town's page and make an input to our Comprehensive Land Use Plan because that is the kind of input that we need and then we need to figure out how to fund it. MR. CANTERBURY-If we don't get to that system at some point we'll have this conversation, not us but someone else will a 100 years from now. At some point, you know. SUPERVISOR STROUGH-Some point. MR. CANTERBURY-Thank you. SUPERVISOR STROUGH-I know,thank you. There was somebody else. COUNCILMAN MCNULTY-John, we got a hand raised too. SUPERVISOR STROUGH-What's that? COUNCILMAN MCNULTY-We have a hand raised online. SUPERVISOR STROUGH-Thank you Tim. STEVE JOINER-I am Steve Joiner, I live on Birdsall Road. I think we're doing something we don't need to do. You said it yourself, Paul said it, there is no impermeable space. Why are we making it more difficult for people? Off the bat, you said yourself we're not neglect, oh I don't want you to think that we are neglecting Glen Lake. Well maybe you are not here to represent Glen Lake. You are here to represent the people, not Glen Lake. I sat in your office for two hours when I told you, when I explained my whole situation, I don't know if you remember. My house, I have lived there for 44 years. I am 44 years old. I have seen a lot of different things. I have seen a lot of promises and a lot of things happen. SUPERVISOR STROUGH-I remember those Steve. MR. JOINER-I also saw when my grandmother pulled out the piece of paper when you approved where the septic system went when they installed it and they built their house around that plan. Now that doesn't work. Okay, and I'm also, you assured me that when the septic system transfer law came in because my house I am already an owner that that would not apply to me. So, yes my grandmother passed away. I went and got my septic system inspected. It does not meet requirements but IBS and the Zoning Board says I just got to increase the size of my tank. I am very thankful for that because we got a price put in to upgrade the system to $60,000 to $80,000. I do not have that money. Alright, I am disabled. I worked for Law Enforcement. I was beaten and almost killed eight years ago. Alright, I have mandatory retirement. I am trying to do my best to maintain our family's property and we have been here, one of the original families on that end of the lake on Birdsall Road. I just think we are opening up a can of worms by bringing more and more government on our property. I ask people where the pollution is. Where is the pollution, and nobody can give me any answers. I went and did some research, I found some answers and guess what it is not on Birdsall Road. It is not on Ash Drive. We know where it is but everybody wants to pretend that doesn't exist. Yes there are a few people that are violating but all in all we are a phenomenal close knit community on Glen Lake. We take care of our properties. We do what we know is best. I also saw what they did when they came in with the roads. Anthony Metivier was sitting in my living room when I showed videos of when you guys repaved the road and thousands of gallons of water pouring down my back steps eroding my foundation going through my garage pouring out the backside rotting the whole side that I had to redo. Alright, it is not the people alright. It's, you are going too deep doing stuff you don't need to do. Again, we are doing an in-depth environmental study, great I am all for that, I love that. I do my best to protect the environment alright but not at the expense of the people, not at the expense of everything else. Glen Lake is getting better, you said it. You said you're kayaking. I have seen the reports from the Glen Lake Association, it's getting better. So why are we making it harder for people when everything is hard right now? Prices are going up. Everybody, I don't care how rich you are or how poor you are, it is difficult right now. Taxes are going up, groceries are going, everything is going up and you are making everything more difficult for people. Regular Town Board Meeting, 08-21-2023, Mtg#25 20 SUPERVISOR STROUGH-Steve. MR. JOINER-Yeah. SUPERVISOR STROUGH-Which of the two things are you opposed to? MR. JOINER-All of them. SUPERVISOR STROUGH-Two things. One is, if you are going to put in a filtration bed and you have an impermeable surface or water table you need to go an extra foot for protection. MR. JOINER-Okay. SUPERVISOR STROUGH-You are opposed to that? MR. JOINER-I agree. SUPERVISOR STROUGH-You are opposed to that? MR. JOINER-I want to see the information that states that having it a foot. SUPERVISOR STROUGH-Opposed? MR. JOINER-I am just, I am not saying I am opposed and I am not saying I am against it. I am just saying we're, you said or Paul said, I apologize that there is no bedrock around here that there is no impermeable surfaces so why are we making a law that does not pertain to us or changing something? SUPERVISOR STROUGH-Steve, it is a Town wide law. It is not just for Glen Lake. MR. JOINER-Okay, and making it a foot higher where is the data that says making it a foot higher makes a difference. SUPERVISOR STROUGH-Okay. MR. JOINER-I am not trying to be mean, I just really would like to know. SUPERVISOR STROUGH-It exists. COUNCILMAN FREER-Yeah, that is out there with regards to... MR. JOINER-One foot? Alright, and then the other question is when I was little kid I worked at the Great Escape, there's, back then 56,000 people a day walk through there. Yes, they pay a lot of money, they pay but that is right through Rush Pond. The highway runs through Rush Pond. Everything, all that stuff flows into Glen Lake. I saw what they put on the ground and what they do, alright? I really don't think it's 99.9% of the people on Glen Lake but you're going after everybody. And again, you keep comparing us to Glen or to Lake George. Well they have grants. Go ahead and get us grants and we're not Lake George. SUPERVISOR STROUGH-Alright, thank you Steve. Anybody else? PAUL DERBY-Can I come back? SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-We still have that gentleman on Zoom, John. SUPERVISOR STROUGH-Yeah, alright. MR. DERBY-Paul Derby. COUNCILMAN FREER-Paul let's give, you are coming back for seconds and this guy. Regular Town Board Meeting, 08-21-2023, Mtg#25 21 SUPERVISOR STROUGH-Let Paul go and then we will let the individual go, Dave DiSanto. MR. DERBY-Are you sure? SUPERVISOR STROUGH-Dave,just hold on. Paul? MR. DERBY-Okay, so number one I appreciate the Town's efforts to protect our precious environments. Thank you for that. You can see that the Glen Lakers are passionate about the lake and they care very much about the quality of what is there and how it effects them. People are aware that we are doing the Comprehensive Watershed Management Plan the survey was just sent out this last week. That is the final step in that so that Plan should be available to the public this year. And that will give us action steps moving forward to help us better protect Glen Lake. I do want to give a little information though about there is a lot of talk about grants out there. For three years we have been trying to become eligible for what is called the New York State Septic Replacement Grant Program and we go around and around. This last summer, we worked very hard. I worked with Warren County Soil and Water, LaBella, with DEC and what I have come to find out within the last week is that the grants are targeted to drinking water, water bodies. So that is why Lake George gets those grants and reservoirs who get the grants. If you are not a drinking water, water body we are Class B then you have to have a threshold of what is called impairment. We are nowhere near that impairment level. So we are not eligible for these grants. SUPERVISOR STROUGH-Not at this time. We are working to have New York State expand their understanding of the needs of that grant system and we are trying to get Glen Lake included. MR. DERBY-I talked to the water quality person and DEC three days ago and we are not eligible and the more recent comp of reports that they are using are more stringent than what they had before. So our efforts have gone nowhere with this and it is not going to at this point. We couldn't get the grant program through the Department of Health and New York State to rewrite how they are doing the grants, yes. But one of the things I was going to ask this evening is there anyway the Town would conjunction with the Association come up with some kind of grant program to help people on Glen Lake who want to update their septics? I think people would. We just feel that in many cases we could use some help with those projects. SUPERVISOR STROUGH-We can't as the Town do that but we certainly would encourage the State through their supplemental programs to be able to do that. We, last I knew we are going to continue working to try and get Glen Lake included into that grant subsidized program. COUNCILMAN FREER-That is a pretty new program Paul. I think Warren County and Washington County only qualified two or three years ago. Right, because and other, they were given grants to other people and you are right current system allows Washington County to provide grants to both the portion of Lake George and Cossayuna Lake which they were not doing until about three years ago. So it is an evolving program and we certainly think that we need to advocate through the State to allow Glen Lake to be a part of that. MR. DERBY-And we are advocating for that but that is what.. SUPERVISOR STROUGH-We are trying. MR. DERBY-Yes, I understand. SUPERVISOR STROUGH-How is the Environmental Study? I missed the last meeting. How is that going? MR. DERBY-So the Watershed Management. SUPERVISOR STROUGH-Yeah, the study. MR. DERBY-Yeah, so the surveys out there right now to people on Glen Lake have received it and will be turning it in, that is the last piece we have to finish that Management Plan. Regular Town Board Meeting, 08-21-2023, Mtg#25 22 SUPERVISOR STROUGH-And we got all the previous studies and everything else. MR. DERBY-Everything has been compiled. Every study Glen Lake is one of the best studied lakes in New York. So it is compiling every report from the 70's up to the current time. It will all be in one place so people can see them and look at them and we will be creating an action plan from that Watershed Management Plan. SUPERVISOR STROUGH-Good. MR. DERBY-And I appreciate your efforts and the confusion and I think it is proper thing to get that information back so we can all be clear about what we are talking about. SUPERVISOR STROUGH-Okay, all right, thank you. Now, Dave DiSanto. COUNCILMAN MCNULTY-He dropped his hand. SUPERVISOR STROUGH-Alright. COUNCILMAN MCNULTY-John, from my record didn't we, we did a Workshop on this before we brought it up it here. Didn't we discuss this at a Workshop? COUNCILMAN FERONE-Yeah, but you have another gentleman. SUPERVISOR STROUGH-Yeah, yeah we did. AUDIENCE MEMBER-Question Lawyer are we still on are we still talking about 136 or have we opened up for 137? SUPERVISOR STROUGH-Not yet. AUDIENCE MEMBER-Okay, that is all I was asking. Thank you. SUPERVISOR STROUGH-Okay, alright. COUNCILMAN MCNULTY-So we will also do a we'll publicize if we decide if we do another Workshop on this because we had a Workshop and unfortunately a lot of our Workshops are not well attended. So we kind of reviewed this. We did not review the wording obviously but we discussed this at a Workshop and it is open to the community. SUPERVISOR STROUGH-Okay. COUNCILMAN MCNULTY-We need to do a better job of letting people know when we discuss this as well. SUPERVISOR STROUGH-Alright, thank you Tim. Alright, anybody else on 136? Alright, so that's the public hearing 136. We are not going to act on 136 tonight. We will get some more information out to the public and clarify the language and we will continue. We will keep the public hearing open. When it comes back you can speak to it again, okay. Alright. COUNCILMAN FERONE-Do we need a motion to table? SUPERVISOR STROUGH-I do not think we do. TOWN COUNSEL HAFNER-No one moves it. NO ACTION TAKEN 2.2 PUBLIC HEARING- Proposed Local Law No.: of 2023 to Amend Queensbury Town Code Chapter 137 "Septic Systems" Publication Date: August 12, 2023 Regular Town Board Meeting, 08-21-2023, Mtg#25 23 SUPERVISOR STROUGH-Alright, so let us move on now to 137, sir. I will open the public hearing right away and 137 again is Article 1 referring to the Septic Inspection upon Property Transfer three to five years. Article 2 deals with North Queensbury Wastewater Disposal District putting that in accord with Lake George Park Commission's five years. JAY OGDEN-My name is Jay Ogden, 11 Fitzgerald and 17 Fitzgerald as well. I recently got caught up in this Property Transfer. We tried to change the deed, tried to join two pieces of property. It never left ownership. As a matter of fact it is a brand new system within weeks. Mr. O'Brien was the only one that apparently knew the law in the office. I had to wait for him to come back from vacation which held up the whole transfer. So there is even confusion within your own offices. I am in favor of kind of getting the wording correct between whatever Lake George has to deal with and what the rest of the Town of Queensbury has to deal with as well. I am in favor of it going to five years. I just wish there was a little more clarity as the gentleman who spoke previously talked about his, if it is staying within the same I don't know surname same family that there was a little bit more flexibility in that. Unless there is evidence of failure of the system. If you can put that in there. SUPERVISOR STROUGH-We have had that discussion and then there comes all kinds of variations. We just left it clean any property transfer get the system inspected. If it is healthy, you know that going forward. If it is not healthy, I am sure you want to get it fixed too. MR. OGDEN-Absolutely, I can remember struggling in the early 2,000's just trying to upgrade my system and where we are today is completely opposite of the spectrum. The other thing is, I am sorry, I just, is there any grandfathering that is going to transpire with this? SUPERVISOR STROUGH-Any? MR. OGDEN-Grandfathering that would so if this was enacted into law today this would only be.. SUPERVISOR STROUGH-It is, it is only becomes active once it is filed with the Department of State which would be this week sometime if the Town Board approves it tonight. MR. OGDEN-If you had a system installed in the last three or sixty days. SUPERVISOR STROUGH-Going forward. MR. OGDEN-It is only from going forward. SUPERVISOR STROUGH-Right. MR. OGDEN-Thank you. SUPERVISOR STROUGH-Okay, any other public input people like to speak to 137 and again 137 deals with three years to five years for inspections. That is the change. It currently is three years and we are proposing five years. Again Lake George Park Commission is five years and then the North Queensbury Wastewater Disposal District instead of their three year rotation and they too would go to a five year rotation. Anybody want to speak to 137 as I just described? Alright, seeing none I think there is some support for 137. Any Town Board discussions before we go to motions and so forth? COUNCILMAN FERONE-No. COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Okay, motion to approve 2.2 Enacting Local Law of 2023 to amend Queensbury Town Code Chapter 137 "Septic Systems" as I described. DEPUTY TOWN CLERK RATHBUN-Are you closing the public hearing? SUPERVISOR STROUGH-I will close the public hearing. Regular Town Board Meeting, 08-21-2023, Mtg#25 24 PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 10 OF 2023 TO AMEND QUEENSBURY TOWN CODE CHAPTER 137 "SEPTIC SYSTEMS" RESOLUTION NO.: 288, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to consider adoption of Local Law No.: 10 of 2023 to amend Queensbury Town Code Chapter 137 entitled "Septic Systems"to clarify certain inspection reporting requirements and to help harmonize the Town's "Septic Inspection Upon Property Transfer Law"with new Regulations promulgated by the Lake George Park Commission, and WHEREAS, if adopted, the Local Law would exempt properties conveyed within five years of a satisfactory septic inspection from otherwise applicable requirements;2)expand such exemption to include satisfactory inspection performed by the Lake George Park Commission; 3) include a new exemption for property conveyances occurring within five years of the installation of a new onsite wastewater treatment system; and 4) clarify the necessary content of inspection reports submitted to the Town in reference to inspections performed on enhanced treatment units, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10, Town Law Article 16 and the Town's inherent police powers; and WHEREAS, the Town Board duly held a public hearing on Monday, August 21", 2023 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 10 of 2023, "A Local Law Amending Chapter 137 of the Queensbury Town Code Titled `Septic Systems"' in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions Regular Town Board Meeting, 08-21-2023, Mtg#25 25 of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None LOCAL LAW NO.: 10 OF 2023 A LOCAL LAW AMENDING CHAPTER 137 OF THE QUEENSBURY TOWN CODE TITLED "SEPTIC SYSTEMS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS: ARTICLE 1. Section 137-4(C)(5) of the Queensbury Town Code is hereby amended as follows: (5) There is record of the property's OWTS having passed Town inspection within the last five (5)dwee years. ARTICLE 2. Section 137-4(C) of the Queensbury Town Code is hereby amended to include a new subsection (6) as follows: (6) The conveyance of real property occurs within the first five (5) years of installation of entirely new OWTS provided such OWTS were fully lawful when installed and provided further that there are no indicia of system failure, including, but not limited to, the appearance of surface effluent and/or the presence of effluent odors. Lawful OWTS shall include those that are lawful by virtue of the issuance of one or more septic variances by the Town Board. For purposes of this provision,for OWTS to be considered entirely new, their component septic tanks,pump stations and either leach fields or seepage pits must be new and cannot have been part of the previous OWTS. ARTICLE 3. Section 137-4(C) of the Queensbury Town Code is hereby amended to include a new subsection (7) as follows and to renumber the remaining subparagraph of this section accordingly: (7) The conveyance of real property occurs within five (5) years of a satisfactory inspection performed pursuant to Article H of this Chapter or within five (5) years of a satisfactory inspection performed by the Lake George Park Commission pursuant to any regulatory authority it may have over OWTS subject to this Article. This exemption shall require the proponent to submit proof of such prior satisfactory inspection. ARTICLE 4. Section 137-15 of the Queensbury Town Code entitled "Exemptions" is hereby amended as follows: § 137-15 Exemptions. Regular Town Board Meeting, 08-21-2023, Mtg#25 26 ETUs that replace a conventional septic tank are exempt from pump-out requirements provided: 1) The owner provides the Town with a maintenance agreement spanning the following five years; and 2) The owner provides the Town with a written statement of a certified inspector of such ETU certifying that the ETU is functioning properly and as designed. Such an inspection will require any distribution box supplying the absorption area and/or inspection covers in the top of seepage pits to be uncovered and removed. The statement submitted to the Town must reflect that the inspection of such ETU included the distribution box(if any) and absorption area and/or seepage pits (drywells). The statement must include a statement from the inspector that the absorption area connected to the ETU was found to be functioning properly. ARTICLE 5. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. ARTICLE 6. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. ARTICLE 7. This Local Law shall take effect upon filing in the office of the New York State Secretary of State. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) No public comment. 4.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF CYNTHIA VANDENBURGH AS PART-TIME COURT OFFICER RESOLUTION NO.: 289, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,by Resolution No.: 347.2016,the Queensbury Town Board authorized the hiring of Cynthia Vandenburgh as a part-time Court Officer on an"as needed"basis, and WHEREAS, the Queensbury Town Justices have advised that Ms. Vandenburgh resigned from the position when she moved to Florida but recently relocated back to the Town and therefore the Town Justices have requested Town Board authorization to rehire Ms. Vandenburgh, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Cynthia Vandenburgh as a part-time Court Officer on an "as needed"basis at the hourly rate of pay Regular Town Board Meeting, 08-21-2023, Mtg#25 27 for the position of $25.37 as set forth in Resolution No.: 464.2022, subject to Ms. Vandenburgh passing a pre-employment physical as required by Town Policy and the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes payment in the amount of$31.20 per service fee to Ms. Vandenburgh for service of any paper required by Town Court or any Town of Queensbury Department as also set forth in Resolution No.: 464.2022, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Justices, Court Clerks and/or Town Budget Officer to complete any necessary forms and take any actions necessary to effectuate this Resolution. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPOINTING P. BRENT MCDEVITT AS ALTERNATE MEMBER OF TOWN OF QUEENSBURY ZONING BOARD OF APPEALS RESOLUTION NO.: 290, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town of Queensbury Zoning Board of Appeals (ZBA) in accordance with applicable New York State law, and WHEREAS, a vacancy for an alternate member position exists on the ZBA, and WHEREAS,the Town Board wishes to appoint P. Brent McDevitt as an alternate member of the ZBA, NOW, THEREFORE, BE IT Regular Town Board Meeting, 08-21-2023, Mtg#25 28 RESOLVED, that the Queensbury Town Board hereby appoints P. Brent McDevitt to serve as an alternate member of the Queensbury Zoning Board of Appeals,such term to expire on December 31 st, 2029. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF LUTZ, SELIG & ZERONDA, L.L.P. TO AUDIT TOWN FIRE COMPANIES AND EMERGENCY SQUADS FOR YEARS ENDING 2023 AND 2024 RESOLUTION NO.: 291,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No: 46, 2019, the Queensbury Town Board authorized engagement of the professional services of Lutz, Selig &Zeronda, Certified Public Accountants and Consultants(LS&Z)to audit the statements of financial position and related statements of the Town's Fire Companies and Emergency Squads and by Resolution No.:302, 2021 the Town Board further engaged their services, and WHEREAS, LS&Z has submitted a letter proposal dated August 8, 2023 to extend their services for the years ending 2023 and 2024, and WHEREAS, the Town Board and Town Budget Officer have been satisfied with LS&Z's services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the extension of the professional services of Lutz,Selig&Zeronda,Certified Public Accountants and Consultants(LS&Z) to audit the Town's Fire Companies and Emergency Squads records and provide tax services for the years ended 2023 and 2024 for amounts not to exceed: • $33,520 for the year ending 2023 ($4,190 per entity); and • $33,520 for the year ending 2024 ($4,190 per entity); Regular Town Board Meeting, 08-21-2023, Mtg#25 29 as set forth in LS&Z's August 8, 2023 letter proposal substantially in the form presented at this meeting, such services to be paid for from Account Nos.: 005-3410-4401-4980 and 005-3410-4401- 4981, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed agreement or documentation and the Town Supervisor, Budget Officer and/or Purchasing Agent to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION ADDING MOUNTAIN VISTA DRIVE TO LIST OF TOWN PRIVATE DRIVEWAYS AND ROAD NAMES RESOLUTION NO.: 292,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,by Resolution No. 434.95,the Queensbury Town Board adopted a list of names for private driveways and roads in the Town related to the 911 addressing system, and WHEREAS,the Town Board wishes to add"Mountain Vista Drive"located off of Newcomb Street to the Town's list of private driveways and road names, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adds Mountain Vista Drive to the Town of Queensbury's list of private driveways and roads, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Highway Department and Director of Building and Codes Enforcement to take any actions necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 08-21-2023, Mtg#25 30 Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NYS OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR 2023 OR NEWER SUBARU SOLTERRA OR COMPARABLE ALL ELECTRIC SUV AWD RESOLUTION NO.: 293, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Director of Planning, Zoning and Community Development has advised the Town Board that he wishes to advertise for bids for the purchase of a 2023 or newer Subaru Solterra or comparable all electric SUV AWD with less than 5,000 miles for the Community Development Department such vehicle to be described in bid documents/specifications to be prepared by the Director of Planning, Zoning and Community Development and/or Town Purchasing Agent, and WHEREAS,the Town wishes to purchase the vehicle through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2023 or newer Subaru Solterra or comparable all electric SUV AWD with less than 5,000 miles to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the vehicle as described above in the official newspaper for Regular Town Board Meeting, 08-21-2023, Mtg#25 31 the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open,read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ESTABLISHMENT OF PINE VIEW CEMETERY BUILDING REHABILITATION AND IMPROVEMENTS CAPITAL PROJECT FUND NO.: 247 RESOLUTION NO.: 294, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to authorize the rehabilitation of and improvements to the building located at the Town's Pine View Cemetery(Project)for an amount not to exceed a total of$125,000, and WHEREAS, the Town Board wishes to establish a Capital Project to provide for this Project and authorize a withdrawal and expenditure in the amount of$125,000 from Capital Reserve No. 64 toward this Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No.: 64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs establishment of the Pine View Cemetery Rehabilitation and Improvements Capital Project No.: 247 (Capital Project) in the amount of$125,000, and Regular Town Board Meeting, 08-21-2023, Mtg#25 32 BE IT FURTHER, RESOLVED,that the Town Board hereby finds that the withdrawal and expenditures for such Capital Project are expenditures for a specific capital project for which Capital Reserve Fund No.: 64 was established and therefore the Town Board authorizes and directs that funding shall be by a transfer from Capital Reserve Fund No.: 64 in the amount of$125,000 to transfer to Capital Project Fund No.: 247, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to establish the following accounts for such appropriations and revenues as necessary: • Revenue Acct No. —247-0000-55031 (Interfund Revenue) $125,000; • Expense Acct No. —247-8810-4400 (Misc. Contractual) $125,000; • Increase Appr 001-9950-9030-0064 Transfer to Cap Project $125,000; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and, upon Project completion, authorizes and directs the Town Budget Officer to take all actions necessary to close Capital Project No.: 247 and return any remaining Fund balances to Capital Reserve Fund No.: 64, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor to sign any documentation and the Town Supervisor, Cemetery Superintendent and/or Town Budget Officer take any and all actions necessary to effectuate all 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. Regular Town Board Meeting, 08-21-2023, Mtg#25 33 Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF HEATH BROWN FROM WATER METER SERVICE WORKER IN WATER DEPARTMENT TO CODE COMPLIANCE OFFICER IN COMMUNITY DEVELOPMENT DEPARTMENT RESOLUTION NO.: 295, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 103, 2021, the Queensbury Town Board authorized establishment of an additional full-time Code Compliance Officer, and WHEREAS, consistent with the Collective Bargaining Agreement, the Director of Planning, Zoning and Community Development posted availability for the vacant position, and also reviewed resumes and interviewed interested candidates, and WHEREAS, Heath Brown has applied for a transfer from his current Water Meter Service Worker position in the Town's Water Department to the vacant Code Compliance Officer position, he meets the requirements for the position, and is the most qualified applicant from the Town who applied for a transfer, and as such, the Director of Planning, Zoning and Community Development has requested Town Board authorization to transfer Mr. Brown accordingly, and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives, and Mr. Brown is the husband of Jordan Brown, an Account Clerk in the Town's Wastewater Department, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of Heath Brown from his current Water Meter Service Worker position to the vacant full-time Code Compliance Officer position effective on or about September 11, 2023,with such appointment to be on a provisional basis until such time as Mr. Brown places successfully on the Civil Service exam for Regular Town Board Meeting, 08-21-2023, Mtg#25 34 the position and meets all Civil Service requirements for the position and subject to successful completion of a six(6) month probationary period, and BE IT FURTHER, RESOLVED,that Mr. Brown shall be paid an annual salary of$60,000, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Supervisor, Director of Planning, Zoning and Community Development and/or Town Budget Officer to complete and file any documentation and take such other and further actions necessary to effectuate all terms of this Resolution. Duly adopted this 21 st day of August, 2023 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION AUTHORIZING ALPHA WIN TO CONDUCT LAKE GEORGE TRIATHLON PARTIALLY WITHIN TOWN OF QUEENSBURY RESOLUTION NO.: 296, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Alpha Win, host and sponsor of the annual Lake George Triathlon Festival, has requested authorization from the Queensbury Town Board to conduct the Lake George Triathlon partially within the Town of Queensbury and on Town roads as follows: SPONSOR Alpha Win EVENT Lake George Triathlon DATE Saturday—Sunday, September 2nd- 3rd 2023 TIME Approximately 9:00 a.m. —3:30 p.m. —Saturday Approximately 7:00 a.m. — 1:00 p.m. —Sunday PLACE Warren County Bike Trail, Glen Lake Road, Ash Drive, Birdsall Road,Round Pond Road,Blind Rock Road,Haviland Road,Rockwell Road, Sunnyside Road, Jenkinsville Road and Ridge Road (map delineating course attached); Regular Town Board Meeting, 08-21-2023, Mtg#25 35 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves Alpha Win to conduct the Lake George Triathlon partially within the Town of Queensbury and on Town roads on Saturday and Sunday, September 2nd- 3rd 2023 as described in the preambles of this Resolution, contingent upon Alpha Win providing the Town with proper proof of insurance in form acceptable to the Town and the Town's insurance carrier, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to approval by the Town Highway Superintendent,which may be revoked due to concern for road conditions at any time up to the date and time of the event. Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 08222023 RESOLUTION NO.: 297, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 08222023 with a run date of 08/17/2023 and a payment date of 08/22/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 08222023 with a run date of 08/17/2023 and a payment date of 08/22/2023 totaling $933,652.82, 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. Regular Town Board Meeting, 08-21-2023, Mtg#25 36 Duly adopted this 21 st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF NATIVE DRIVE EXTENSION RESOLUTION NO.: 298, 2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Native Development Associates, LLC (Developer) has offered a deed to the Town of Queensbury to dedicate an Extension of Native Drive (Extension) to the Town as more particularly described in an R.O.W. Map prepared by ABD Engineers, LLP dated October 25, 2022 along with an Owner's Title Insurance Policy in form acceptable to Town Counsel, and WHEREAS, Town Counsel has informed the Title Company of the required mark-ups and Developer's Counsel will provide a final Title Insurance Policy consistent with Town Counsel's mark-up letter, and WHEREAS, the Town Highway Superintendent has inspected the Extension and has advised that it, along with the stormwater drainage, meet Town Highway Department specifications and therefore recommends its acceptance provided that any applicable drainage easements are in place, and WHEREAS,the Town Water Superintendent has indicated that an inspection has been made of the water mains and appurtenances installed on the Extension and the installation has been made in accordance with the requirements of the Town Water Department, with the Developers to be responsible for the installation's repair and maintenance for one year from the date of Town Board approval of the road dedication, and WHEREAS, the Town's Director of Planning, Zoning and Code Compliance has inspected the Extension and has advised that it is in general compliance with his office's requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Native Drive Extension and authorizes and directs the Town Supervisor to execute any and all documents necessary to complete the transaction including all real property forms in form acceptable to Town Counsel, and Regular Town Board Meeting, 08-21-2023, Mtg#25 37 BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Developer to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Native Drive Extension Road Number: Description: Beginning at the existent Native Drive and continuingin n an westerly direction a distance of 623±' and .0 hundredths of a mile and ending at a dead end. Feet: 623±' and .0 hundredths of a mile Duly adopted this 2l st day of August, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone ABSENT: None NOES : None 5.0 CORRESPONDENCE—None 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) No public comment. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) - • I want to do a personal shout out to the West Glens Falls EMS, they are our most utilized EMS. Their call volume so far this year's roughly twice as many calls as Queensbury EMS. They have some good programs to do some community outreach and bring in new members. I wanted to thank them for all the work that they do for the entire Town. COUNCILMAN FERONE(WARD II1)— • Announced there will be repairs on the two traffic lights by the Queensbury School Campus fixing the timing of the red lights. COUNCILMAN FREER(WARD II)— • Recognized the continued struggle with the detour at Boulevard and Warren Street and hopefully the County will put a four-way stop there. I hope that gets done because there has been some accidents there. I hope we get 254 repaired before the first snow. • We will have a Comprehensive Plan update survey out. It is actually live on our website and open until September 1 It'. Please take our survey and give us your opinion so that we can do a good job of updating our Comprehensive Plan. Regular Town Board Meeting, 08-21-2023, Mtg#25 38 COUNCILMAN METIVIER(WARD 1)—Nothing to report SUPERVISOR STROUGH- • Announced that the Highway Department will be paving Upper Sherman Avenue from Kilian's Way to just west of the I87 overpass Tuesday and Wednesday, August 22nd and 23ra • Announced that Oak Tree Circle will be prepared for paving. • Reminder of the Warren County Household Hazardous Waste Collection will be held on Saturday, August 26t' from 8am-12pm, at the Town Highway Department. Refer you to the Warren County website for specifics and registration. • We are going to be adopting a Warren County Hazard Mitigation Plan update. This is available for public view until September 2 and thank you to all who reviewed and contributed to this plan. • Thanked Joe Barlow and Look TV, Audience, Town Counsel Bob Hafner, Deputy Town Clerk Colleen Rathbun and Town Board. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 299, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 2Pt day of August 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I