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11-20-2023 MTG #37 Regular Town Board Meeting, 11-20-2023, MTG 937 360 REGULAR TOWN BOARD MEETING MTG #37 NOVEMBER 201h, 2023 RES #397-409 7:00 P.M. BOH #80-83 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN OFFICIALS TERI ROSS, TOWN ASSESSOR TOWN COUNSEL MARK SCHACHNER, ESQ PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH INFORMATIONAL PRESENTATIONS: Supervisor John Strough reviewed Informational Presentations. • REVALUATION PROCESS BY TERI ROSS, TOWN ASSESSOR. TERI ROSS-Town Assessor, spoke on updating the 2024 Town Assessment Roll and answered residents' questions. RESOLUTION SUPPORTING TOWN ASSESSOR IN UPDATING OF 2024 TOWN ASSESSMENT ROLL RESOLUTION NO.: 397, 2023 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS,the Queensbury Town Board supports the efforts of its Town Assessor Teri Ross in updating of the Town's 2024 Assessment Roll and maintenance of such Assessment Roll at full- market value, and WHEREAS, the Town Board supports the allocation of sufficient resources for Town staff and services to complete such project, NOW, THEREFORE, BE IT Regular Town Board Meeting, 11-20-2023, MTG 937 361 RESOLVED, that the Queensbury Town Board hereby expresses its support of its Town Assessor Teri Ross in updating of the Town's 2024 Assessment Roll and maintenance of such Assessment Roll at full market value, and authorizes the allocation of sufficient resources of Town staff and services to complete such project, and BE IT FURTHER, RESOLVED, that the Town Board further requests that the New York State Office of Real Property Tax Services and the Warren County Office of Real Property Services provide assistance that is typically afforded during such projects to the Queensbury Town Assessor, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Assessor to send a certified copy of this Resolution to the New York State Office of Real Property Tax Services and the Warren County Office of Real Property and authorizes and directs the Town Supervisor, Town Assessor and/or Town Clerk to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. Metivier, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Freer(briefly stepped away from meeting room) • 2023 WARREN COUNTY HAZARD MITIGATION PLAN BY JIM LIEBERUM, DISTRICT MANAGER FOR WARREN COUNTY SOIL & WATER CONSERVATION DISTRICT. JIM LIEBERUM, District Manager of the Warren County Soil and Water Conservation District spoke regarding the Warren County's Hazard Mitigation Plan which deals with natural disasters. RESOLUTION AUTHORIZING ADOPTION OF 2023 WARREN COUNTY, NY HAZARD MITIGATION PLAN UPDATE RESOLUTION NO.: 398, 2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board recognizes the threat that natural hazards pose to people and property within the Town of Queensbury, and Regular Town Board Meeting, 11-20-2023, MTG 937 362 WHEREAS, Warren County has prepared a multi-hazard mitigation plan, hereby known as the 2023 Warren County Hazard Mitigation Plan (Plan) in accordance with the Disaster Mitigation Act of 2000, and WHEREAS, the Plan identifies mitigation goals and actions to reduce or eliminate long- term risk to people and property in the Town of Queensbury from the impacts of future hazards and disasters, and WHEREAS, the Town Board wishes to adopt the Plan to demonstrate the Town Board's commitment to hazard mitigation and achievement of the goals outlined in the Plan, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the 2023 Warren County Hazard Mitigation Plan, which Plan may be edited or amended after submission for review by the New York State Division of Homeland Security and Emergency Services and the Federal Emergency Management Agency but will not require the Town to readopt the Plan should there be any further iterations and only applies to this specific Plan and does not absolve the Town from updating the Plan in five (5) years, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Clerk to take any actions needed to effectuate the terms of this Resolution. Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None • Lake George Park Commission's Septic Inspection Program and 2023 Results by Joe Thouin, LGPC Deputy Director. JOE THOUIN, Deputy Director for Lake George Park Commission spoke on the Septic Inspection Program and 2023 results to date. • Proposed Local Law No.: of 2023 to Amend Town Code Chapter 136 "Sewers and Sewage Disposal" by Town Supervisor John F. Strough. SUPERVISOR STROUGH-Gave PowerPoint presentation (on file at the Clerk's Office). 1.0 PUBLIC HEARING Regular Town Board Meeting, 11-20-2023, MTG 937 363 1.1 COUNTINUED PUBLIC HEARING-PROPOSED LOCAL LAW NO.: OF 2023 TO AMEND TOWN CODE CHAPTER 136 "SEWERS AND SEWAGE DISPOSAL" Publication Date: November 11, 2023 SUPERVISOR STROUGH-Alright, so I would like to, I left the Public Hearing open. So, I went through the effort of trying to define exactly what we're trying to do and give you an opportunity, another opportunity to speak to it when the Town Board will listen to you and I don't know what we are going to do tonight, I mean, this is part of the process. Alright, so I want to, the Public Hearing's open, anybody would like to speak to what we're trying to propose here? Did I do a good job explaining it? COUNCILMAN METIVIER-Yes you did. PAUL DERBY-You did an excellent job. SUPERVISOR STROUGH-Oh, thank you. MR. DERBY-My name is Paul Derby. I live at 31 Canterbury Drive on Glen Lake. I'm also President of the Glen Lake Protective Association. Yes, thank you for clarifying that, very good. The mission of the Glen Lake Protective Association is to protect and enhance the water quality of Glen Lake and the Glen Lake Community. I don't think the elimination of the 33 percent reduction in absorption field will meet this mission, and I'll tell you why. For new construction all of these changes I think are good. If one comes and can't meet these new regulations, then they probably shouldn't be building a home there. But for replacement septic systems on existing lots, the added subdivision D is problematic at Glen Lake and may actually dissuade people from voluntarily updating their systems, which many on Glen Lake have done and many want to do. Enhanced Treatment Units are 90 to 95 percent effective at treating wastewater compared to 50 percent for a conventional system. New York State and the New York State DEC recognizes this thus allows 33 percent reduction of the absorption field. To not allow this reduction for existing homes at Glen Lake would be very difficult because our lots are small on Glen Lake. We don't have room for the full systems, but we are doing the best we can. We want to improve the water quality. We want to do these things but, I fear that eliminating that reduction will dissuade people from being able to upgrade. Yes, they can come in and get a variance but it's one more hurdle that may push people away. I support the definition of the ETU, I support paragraph A, the three feet makes sense but, I'm going to ask you to remove the subdivision D that eliminates the 33 percent reduction for replacement systems only and at least for Glen Lake. And personally, talking as Paul Derby now, I would like to see every property on Glen Lake have an ETU and I would be in favor of a five-year inspection of every system and if the systems aren't working, they should be fixed, brought up to date. I'd like to see those put into the Town Code and ideally, I'd love to see the Town work to help to try to get a municipal sewer system around Glen Lake. That would be the best situation we could have, and I realize that would take time and would take and would take effort but I,that's what I'd like to see us work. Those are my thoughts thank you for your time. SUPERVISOR STROUGH-Alright thank you Paul. Yes. Anybody else? Yes Ma'am. LINDA CLARK-Hello, I'm Linda Clark. I live on the Lake George side of Glen Lake. I'm not prepared. I've been scratching all over a piece of paper here. First of all, let me just say it's just disappointing that you chose the week of Thanksgiving, in a month of November to deal with this. I mean this has been an ongoing thing we've been talking about this for a while and many of our residents are out of Town for one reason or another this week, this month. So I think its unfortunate that you have not really opened the meeting up to the voices of the majority on Glen Lake, that's how I see it. Alright, second thing Lake Sunnyside, Rush Pond, Glen Lake all of these lakes, I guess you can admit the property values are drastically different between Glen Lake and Lake George. That's a telltale that the income level is different between these three lakes and the surrounding areas and Lake George. Last year, now I know this a debatable issue, this is how I see it,this Board raised our taxes by 59 percent. I'm not debating that tonight. We're seeing a reassessment coming and now we are talking about a possible devastating financial burden on families regarding septics. Don't get me wrong here, am I anti-septic, am I, do I not want my lake to be clean? I am in great favor of that. But what I heard you say over and over and over and over again tonight was Lake George. Lake George, Lake George would that be right Lake George, we got to do right by Lake George, we got to be the same as Lake George. Regular Town Board Meeting, 11-20-2023, MTG 937 364 We got to live up to the same standard as Lake George and you even put a little statement in here where you kind of made us feel a little guilty if we didn't, you know, live up to Lake George. Okay, okay we can live up to Lake George but now I'm asking you to live up to giving us the same grants that Lake George gets. Those people with those incomes get grants for their septic systems. From what I understand Glen Lake is not eligible for grants because our lake water is cleaner than Lake George. Now how absurd is that. If you can't go to the our local, state politicians and ask them why they can't get us grants or ask them to get us grants then why is it that this Board can't find a way through possible tax waivers or tax rebates for a period of time to give some kind of, you know financial help to people in the "lower income lakes?" I am not saying we're poverty but really, we're not Lake George and you keep comparing us to Lake George. I say the law should not be put into effect until you have resolved this issue for our community, it's very important or you will push out the local families that have been here for years and years and years. Thank you. SUPERVISOR STROUGH-Thank you. Anybody else? Alright on the grants. COUNCILMAN FERONE-John, there is a raised hand for somebody who's online... SUPERVISOR STROUGH-Alright well, on the matter of grants Warren County is pursuing requesting that the grant money that Lake George properties gets be given to other lakes. There is also another grant opportunity that we're looking at that would use a different source of money to try and, try and get subsidization for improving your septic systems around the Glen Lake and Lake Sunnyside areas. So, we are looking at getting grants and I'm not the one that created the State Law that gave it to just Lake George. I wouldn't have done that but... COUNCILMAN FREER-It's not just Lake George, SUPERVISOR STROUGH-What? COUNCILMAN FREER-For just... SUPERVISOR STROUGH-In Warren County. COUNCILMAN FERONE-In Warren County, in Warren County. SUPERVISOR STROUGH-Okay, so there are other sources other Counties have gotten money for other lakes we're going to try to do the same. Okay so we have somebody online. COUNCILMAN MCNULTY-Yes, Eric Sage. SUPERVISOR STROUGH-Eric can you hear us? COUNCILMAN MCNULTY-He's still mute, ok there you go. ERIC SAGE-Yes I can hear you, can you hear me? SUPERVISOR STROUGH-We can hear you. MR. SAGE-Great. SUPERVISOR STROUGH-Eric, Eric. MR. SAGE-Yes so, I am Eric Sage, President of Protective Association for Lake Sunnyside. First, I want to thank Mr. Strough for doing a, I think a very good job of actually explaining the situation. I mean, I understand that it's a contentious issue and I can tell you from my experience like with Lake Sunnyside we've actually had, we've been doing like surveys and there's evidence to show that we may actually have failed septic systems on Lake Sunnyside that are degrading lake's quality of water so personally I stand behind the idea of raising the standards to what is reasonable and necessary and I think that Lake George's standards, the fact that they backed it up by science, that we should do the same thing. Especially when you consider the fact that when you have, when you put in a septic system it's going to be there for decades and it may be fine for a few decades but then at some point in the, down the road were kicking the can down Regular Town Board Meeting, 11-20-2023, MTG 937 365 the road, if we don't meet the minimum standards by what science has shown us. So, I generally support, you know what Mr. Strough has presented and I think that's reasonable. I also like the idea of getting grants similar to what I saw Lake George is doing, for at least the engineering part. I know they had grants out there for $1500 which is pretty neat, and I hope we can do something like that as well. So outside of that I generally support the, what you guys are doing. Thank you. SUPERVISOR STROUGH-Thank you Eric. Okay so anybody else from the public? Town Board thoughts? Whoops. Two. TOM HUTCHINS-Good evening I'm Tom Hutchins. I run an engineering business in Queensbury for the last 23 years and we've replaced quite a few septic systems in the Town and other Towns around the Lakes and such. I had read through the details of the Glen Lake and the other CEA specifics, and I think that's well written and understandable and I'm not, I don't necessarily have anything against that. My question for you or my comment has to do with, with the language that you put in when you say "in regards to mounded systems also referred to as fill or built up." There are several different types of systems that involve the placement of fill and you use the term mounded kind of interchangeably for all of those. Now the state standards define mounds, raised systems, shallow absorption systems are all systems that involve the placement of fill and I think you should clarify with a little more detailed language than what you have here what specifically you're looking to prohibit in terms of the placement of fill. If you are looking to prohibit the use of fill in any of these systems and you are looking for the enhanced separation basically all the shoreline of Lake George or a vast majority of the shoreline of Lake George is either going to be putting in holding tanks or looking for variances. They are going to be looking for variances either way. So I think you should clarify the language in your mounded fill, shallow, raised system language because that's really not real clear. SUPERVISOR STROUGH-Okay thank you. MR. HUTCHINS-Thanks. SUPERVISOR STROUGH-We have somebody else? Yes sir. JAY ODGEN-Hi my name's Jay Ogden. I live on Fitzgerald Road and I was at the previous meeting and I appreciate the clarity that you tried to provide for this matter. One confusing part and I think it's, there's several Town, Town standards that are out there where variances are allowed, and I heard that mentioned several times. Is that the standard that you want to do? Because we're going to make this law very, very, very strict and then we'll maybe bend the rules looking out and although looking forward to allow of variances to the rules? Does that make sense? SUPERVISOR STROUGH-Yes. MR. OGDEN-Down the road. So you make your laws this strict and say that this group of elected officials usually does try to do the right thing and bend those laws to fit the particular type of property. So you're structuring all your rules to be bent later and that's great with this group of people but what about the next group of elected people? SUPERVISOR STROUGH-Well is it Jared? MR. OGDEN-Jay. SUPERVISOR STROUGH-Jay, you know it's hard to make a rule that would apply to everybody. That's why we have the Board of Health and that's why we look at variances and you know what we grant most of the variances. You know it says that you know, a septic line, pump line, you know has to be at least 10 feet from the house. Well, what if the size of the property you need to put it eight feet from the house. Alright, it's hard to adopt a fast rule that would apply to everybody. If you've got a rational basis for your variance this Board listens to it and usually agrees if there's a rational basis. We don't always agree and you'll probably see that tonight as we move into the Board of Health later on. So you know we don't bend the rules for certain people. We would bend the rules, I guess your words, only if there was a rational reasonable basis for doing it. We would not as a Town Board do anything that would jeopardize Regular Town Board Meeting, 11-20-2023, MTG 937 366 the water quality of that Lake. That to us is the most important thing as it is to you I'm sure but I get your point and thank you. MR. OGDEN-I guess my point as to why set the bar this high when in reality certain circumstances you're going to allow that bar to be lowered why not set it more of a median than such a high mark, is my question. SUPERVISOR STROUGH-Alright, we're setting a high standard; we wanted to protect our lakes, these are only proposals. We are listening to you. I don't know, you know, I think for one thing we need to sit back, and I have a lot of respect for Tom Hutchins, he's an engineer and if he says that we got to do a better definition of describing the systems rather than bunching them together that's something we've got to look at. MR. OGDEN-Absolutely. SUPERVISOR STROUGH-Yes. MR. OGDEN-There's several raised systems around Glen Lake for instance where that's the only system they could put in there and its drastically better than what was there. SUPERVISOR STROUGH-I'm proposing to the Board that we don't do any action on this tonight. I've presented to you clarification. You're presenting us some of your thoughts and I think we need to take a look at some of these things and evaluate where we are, but that's me speaking. MR. OGDEN-I appreciate your time. SUPERVISOR STROUGH-Well thank you Jay. Anybody else? Town Board thoughts? COUNCILMAN MCNULTY-John, I'll start the comments of using science to go forward I think are right on and the fact that New York State used science to come up with the 33 percent reduction I would be in favor of deleting that or I would vote against that in terms of mandating the 33, that we do away with the 33 percent inclusion because if, again the State did their due diligence as well and I appreciate your thoughts on that... COUNCILMAN FREER-So, I'd like to address that specifically because I've done a fair amount of research on that topic as well and the first thing I'd like to say is that go back and read the regs the whole New York City Watershed doesn't allow the 30 percent reduction which is a huge reason that it's not just us. It's not just Lake George that doesn't allow that,the whole New York City Watershed doesn't allow that. Now there's some apples and oranges there because they don't want to filter their water but just realize that we're not the lone ranger eliminating that 30 percent ETU and the real reason that that 30 percent reduction, in my mind, is not good is phosphorus right. John read about the Lake George Commission impacts and phosphorus is the driver of our problems in our lakes here and in the Northeast. Other places nitrogen is just as bad but we, you know you look at all the leaves going in the Lake and most of that is nitrogen and there's nothing we can do about it but phosphorus we haven't figured, and the ETU's do a much better job of reducing the nitrogen than they do handling phosphorus. We don't have an efficient phosphorus reduction mechanism at the single septic level and so I, we're trying to help standardize. I guess I'd also like to touch base on the fact that, I'll yield and I will come back my second topic but I, that was on my list to talk about to. COUNCILMAN MCNULTY-Okay that's all I had. Thank you. SUPERVISOR STROUGH-Any other Town Board member have thoughts right now? Alright, in sum... COUNCILMAN FREER-So let me, now then I want to talk about inspections. Right, the whole Lake George Watershed is getting inspected every five years. Queensbury had already started down that road with first of all our transfer law inspections and I think that's a good thing, applies to the whole Town of Queensbury. The five year thing is something that we have to figure out, you know and balance whether we do that for Glen Lake, Sunnyside and our other water front residentials but my thoughts are we need to do that for every septic system in Regular Town Board Meeting, 11-20-2023, MTG 937 367 Queensbury not just the lake ones because long term we've got to get septic systems better than they are and people are going to have to figure out how to do that. There's a lot of septic systems that aren't on, in the critical, those critical areas that we should inspect maybe every 10 years to start or at transfer or whatever but my view making things healthier around here is part of our job and figuring out how to improve our septic systems is got to be part of it. SUPERVISOR STROUGH-Other thoughts? Alright, in summary alright, so I promised you I'd you know make an effort to make it more clear what we are trying to do. It seems we agree on the three foot, what we don't agree on is the definition of mounded and raised systems. So, I think we need to go and do some more homework with that and we have a varying opinion about whether it's a good idea to reduce the absorption field or not. All suggested that a new construction we don't allow it and that in retrofits, especially given the size of the small lots that we do allow it and you know I think the conversation that we're having right now is a great one and Linda I know its Thanksgiving but you know it was election, it's going to be Christmas, it's tough for me to pick a time that's going to be optimum. I tried to do what I could and we're going to have this discussion again. I mean, this is second time I've got to go back and do some more homework and then we'll have another occasion and see if we can't firm this up. The world's not coming to an end because we are not going to act on this tonight but again, I hope that I am speaking for the consensus of the Board in that we wait and do some more homework? COUNCILMAN FERONE-Yes. SUPERVISOR STROUGH-So I am. So that's what we'll do so I want to thank you for your input. Thank you very much and we won't act on this but we will go into the Board of Health so you may want to stick around. There are some interesting ones tonight. Or not. COUNCILMAN MCNULTY-We'll try to avoid presentations for the next time. SUPERVISOR STROUGH-Alright so I'll leave the public hearing open so if you have any emails or you want to write, like the old style write a letter to me, I'll make sure the whole Board gets it. COUNCILMAN MCNULTY-John one more, if I can one more comment. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-To Linda's point about our elected State Officials and the grant money. There's no reason why, and we appreciate you coming to our meeting tonight it's a great turnout but letting Dan Stec and Matt Simpson aware of your issues, writing to them talking to them in their offices that will help move the ball along in terms of getting that grant money for Glen Lake and our other lakes in our area. Don't, don't, don't think we are the only place you can come talk to. There's other people that can influence that decision as well. SUPERVISOR STROUGH-Alright, okay so we are moving on in the agenda... No Action Taken. Public Hearing Left Open 2.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 399, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 11-20-2023, MTG 937 368 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 201h day of November, 2023, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES: None ABSENT: None 2.1 PUBLIC HEARING-SEWAGE DISPOSAL VARIANACE APPLICATION OF GIFFORD, GEISER FAMILIES Publication Date: November 11, 2023 SUPERVISOR STROUGH reviewed proposed sewage variance application. The applicant's agent will you please introduce yourself and elaborate on what I may have said that you think needs to be said in more detail. LUCAS DOBIE-Okay, thank you Mr. Supervisor, for the record Lucas Dobie with Hutchins Engineering representing the Gifford, Kittredge and Geiser families. There are six family members who are owners in the property at 9 Dunkin Cove which is the west side of Cleverdale. So it's the Harris Bay side about halfway up Cleverdale. We did meet there at the site and the properties, I looked real quick before I came over, it's been in the family I could find at least back to 1915 for the Kittredge family. So, it's an old property and they did fail their Lake George Park Commission Inspection, and this is what we've been talking about all night. We tried to find the best solution for the property, a built up or a fill system might be possible here with a lot of effort a lot of clearing, it would chew up most of the yard areas and the property is not particularly deep the East West so the Lake setback precludes a lot of our available area so our clients advised us that they are comfortable with a holding tank solution. Water in from the house is water hulled out in septic truck as we talked about and so we believe it's the safest system. There's high groundwater in the area, heavy soils so a leaching system again is just a tremendous effort, so the holding tanks is more expensive in the long-term years and years out by the time you do all your pump outs but it's a lower initial cost and we believe the proper solution for the property. So, it two 2000 gallon holding tanks for a four-bedroom design all our setbacks are met so the variance is for, from 75A precluding a holding tank installation for year- round residence. SUPERVISOR STROUGH-Mr. Dobie, for the sake of the public would you explain the bells and whistles that come with holding tanks? MR. DOBIE-Certainly, so it's two tanks, a lead tank we'll call it the solids tank which, and then it has at the outlet four, a four-inch connector to the second tank which will provide all that additional storage in there's two alarms in the second tank. One, call it your warning level which I believe is set at the, I believe it's 85 percent, yes so an alarm sound, silence your alarm the lights on saying you need to call the septic company not urgent at this moment, it will be a few more days but think about it and then the 95 percent level right up towards the top is connected to the water pump to shut that off so no water can come into the cabin,to the camp once that shut off is at the high level. SUPERVISOR STROUGH-Thank you very much. MR. DOBIE-Thank you. SUPERVISOR STROUGH-Just so the public knows, you know you have a situation it does not allow holding tanks but given the rational basis of what we have unsuitable soils, limit lot,terrain limits sometimes it's just the best solution. We listen. Alright, any questions from the Town Board before I open the Public Hearing? COUNCILMAN MCNULTY-No. Regular Town Board Meeting, 11-20-2023, MTG 937 369 COUNCILMAN FERONE-No. SUPERVISOR STROUGH-Anybody from the public wish to speak to this particular variance application Gifford, Kitteredge, and Geiser 9 Dunkin Cove Cleverdale? Seeing none, I will entertain a motion to approve. COUNCILMAN MCNULTY-Motion. DEPUTY TOWN CLERK MURPHY-Did he close the Public Hearing? COUNCILMAN METIVIER-Yes you have to close the Public Hearing, DEPUTY TOWN CLERK MURPHY-Close it. SUPERVISOR STROUGH-Okay I'll close the public hearing,thank you. PUBLIC HEARING CLOSED RESOLUTION APPROVING GIFFORD, KITTREDGE AND GEISER FAMILIES' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCE RESOLUTION NO.: BOH 80,2023 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Sally Gifford, the Nancy K. Geiser Irrevocable Trust, Audrey Kittredge and Ashley Kittredge(Applicants) filed an application for a variance from Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank system as the Applicants wish to replace a substandard onsite septic system by installing a holding tank system consisting of two(2)holding tanks each with a 2,000 gallon capacity, thus meeting the required total capacity of 4,000 gallons, on property located at 9 Duncan Cove, Cleverdale in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, November 20'', 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 variance, the Local Board of Health determines that the Regular Town Board Meeting, 11-20-2023, MTG 937 370 variance would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Sally Gifford, the Nancy K. Geiser Irrevocable Trust, Audrey Kittredge and Ashley Kittredge for a variance from the Sewage Disposal Ordinance to allow installation of a holding tank system consisting of two (2) holding tanks each with a 2,000 gallon capacity, thus meeting the required total capacity of 4,000 gallons, on property located at 9 Duncan Cove, Cleverdale in the Town of Queensbury and bearing Tax Map No: 226.16-1-4, and [BE IT FURTHER, RESOLVED, that the premises shall not be rented until and unless the holding tank system has been approved and installed and determined to be in compliance as confirmed by the Director of Building and Codes Enforcement, and] BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None 2.2 PUBLIC HEARING-SEWAGE DISPOSAL VARIANACE APPLICATION OF WENDY HOFFMAN Publication Date: November 11, 2023 Regular Town Board Meeting, 11-20-2023, MTG 937 371 SUPERVISOR STROUGH reviewed proposed sewage variance application. We have the applicant's agent before us and please identify yourself and feel free to elaborate on what I said. TOM CENTER-Good evening, Tom Center with Hutchins Engineering. As you stated we're requesting a variance for the use of holding tanks, also to place the holding tanks less than the 10 feet from the North property line, eight feet instead of the required 10. So, we're asking for two feet of relief there. We've got some constriction in the site that precludes us from installing an onsite system and that's why we are moving forward requesting for the holding tanks. We've got some site constraints there, soils, high ground water and also site as my partner stated before the same thing, we'll have all the controls, the 85, 95 percent alarms and solenoid valve on the system. Everything else is pretty straightforward. We're also asking for six-month extension just so we can get under contract to get it installed. We hoped to have them installed sooner but we're coming upon winter and I believe our previous extension is close to expiring so we just filled out this form to ask for an extension. SUPERVISOR STROUGH-Okay MR. CENTER-Just to make sure that we don't have to come back if we can't get it installed sooner. SUPERVISOR STROUGH-Alright, okay. Any questions for Mr. Center? COUNCILMAN FREER-Just that Tom we talked about putting some, since they are not rated for traffic parking on. MR. CENTER-Yes, we'll show a couple of boulders along the, the edge of the parking area on the final plan with the Resolution. COUNCILMAN FREER-Which those guys are doing too it's not like we are picking on her or anything. MR. CENTER-Nope, it's good. SUPERVISOR STROUGH-So, that's going to be a condition of approval? COUNCILMAN FREER-If they put it in the plan. MR. CENTER-I'll put it on the final plans, I don't... SUPERVISOR STROUGH-Alright, Town Counsel is there anything that we need to do to assure that the obstructions, the purpose of the obstructions whether they be boulders or otherwise are to prevent people from parking on the holding tanks, these holding tanks are not highway rated. TOWN COUNSEL MARK SCHACHNER-Well, I don't see anything in the, I don't see anything in the draft Resolution requiring the placement of the boulders. Is there anything in the, does the application already indicate they are going to be placed? MR. CENTER-No, but we, we discussed it on site, and I advised I would add them I also talked with. TOWN COUNSEL SCHACHNER-Right so your answer, I think your question was is there anything the Town Board can do to ensure it and the answer is you can take Mr. Centers word for it, or you can add a condition. SUPERVISOR STROUGH-Okay. COUNCILMAN FREER-I'm happy to take his word. SUPERVISOR STROUGH-Alright. Town Board? Alright, there is a public hearing on this, is there anybody here that would like to talk about the Wendy Hoffman application for variance for holding tanks as well as the eight foot and 10-foot setback variances and there is somebody from Regular Town Board Meeting, 11-20-2023, MTG 937 372 the public so Mr. Center if you'll sit down for a minute and I may have you come back up to answer some questions. Please identify yourself for the record. PAUL LOTTERS-Good evening this is Paul Lotters, I'm here with my wife Arlene. We're the north side property owners of this variance. We're the Lotters on the north side. Now it's proposed that the holding tanks be two-feet closer to the property line so instead of the 10-feet they would be positioned eight-feet. That is one concern. Why could they not be positioned closer looking at the map, at the schematics, the drawings there would appear to be enough room to move them a little closer to the house itself? And the other concern is how much space is required lawful between holding tanks? These tanks I believe are positioned to be three feet apart. Could they not be positioned one foot apart and thusly not need a variance to place them closer to the property line? SUPERVISOR STROUGH-I will, yes if those are your two questions I will try and get answers for those for you tonight when the applicants agent comes back. MR. LOTTERS-Yes positioning, positioning them closer to the home. SUPERVISOR STROUGH-Why not 10-foot and why not reduce the space between the tanks'. MR. LOTTERS-Yes and eliminate the needing a variance to position it two feet closer to the property line. SUPERVISOR STROUGH-Okay, I got it and I'll ask. MR. LOTTERS-Thank you. SUPERVISOR STROUGH-Alright, anybody else from the public wish to speak to this variance application? Seeing none would Mr. Center return to the speaker desk? Mr. Center why eight feet and not 10-feet? MR. CENTER-More for workability when we're putting the two tanks next to each other with soils that we're dealing with trying to hold the 10-feet to the house certainly we can go two feet closer to the house and it's the workability of getting somebody in-between the tanks because we do have pipes going in-between them so that's why we would like to get them closer together but again talking with some of the installers they were looking for two to three feet to have the area to work with when we open up that... SUPERVISOR STROUGH-So you think you can make it 10-foot and reduce the, eliminate the eight-foot variance, the two foot. MR. CENTER-Well if we went, if we could go closer to the house if we could change the take the two feet closer. SUPERVISOR STROUGH-That's fine with me but let's see what the Board says. MR. CENTER-Closer to the house. COUNCILMAN METIVIER-Yes but now you're going to have to ask for another variance. MR. CENTER-That's the problem with the neighbor. COUNCILMAN METIVIER-Right? COUNCILMAN FREER-It's just switching the variance from property line to the house. MR. CENTER-We're still, we're switching the variance from one side of the property line to the house. COUNCILMAN METIVIER-Never mind got it, never mind. SUPERVISOR STROUGH-Okay, alright? Regular Town Board Meeting, 11-20-2023, MTG 937 373 COUNCILMAN METIVIER-Yes, perfect. SUPERVISOR STROUGH-Alright, if anybody else? Nothing, I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Town Board what I'm hearing is a consensus in agreement with the applicant's agent that the tanks will be located 10-foot from the property line and eight foot from the house instead of 10-foot and that's the variance that we're looking at giving a variance for the holding tanks and giving the variance, a two foot variance from the house and not the property line. MR. CENTER-Correct. SUPERVISOR STROUGH-Okay? Understood? Town Counsel is there anything that we need to do? TOWN COUNSEL SCHACHNER-Yes, revise the opening paragraph the first whereas so the second to last line which currently starts with from the north property line changes to from the house and same change on the top of the third page in the one, two, three, four, fifth, sixth, in the second, sorry in the second resolved. SUPERVISOR STROUGH-I see it. Alright is that all clear to Town Board Members? COUNCILMAN FREER-Yes. SUPERVISOR STROUGH-Alright is there a motion to approve it as condition? RESOLUTION APPROVING WENDY HOFFMAN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES AND EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM IMPROVEMENTS RESOLUTION NO.: BOH 81,2023 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Wendy Hoffman (Applicant) filed an application for variances from Chapter 136,§136-11 which requires applicants to obtain a variance for a holding tank system,as the Applicant wishes to replace the existing deficient onsite wastewater system by installing a holding tank system consisting of two (2) holding tanks each with a 1,500 gallon capacity,thus meeting the required total capacity of 3,000 gallons,with placement of the holding tank system to be located 8' from the house in lieu of the required 10' setback on property located at 146 Lake Parkway in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance request on Monday, November 20'', 2023, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners Regular Town Board Meeting, 11-20-2023, MTG 937 374 within 500 feet of the subject property, and WHEREAS, Town Code Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided, and WHEREAS, a change of deed for the Applicant's property occurred and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient; however, the proposed new system is not able to be completed within the required six (6) month time period due to the time of year and timing of permitting, and WHEREAS, the Applicant has therefore applied for a timeline extension or until May 61h 2024 to install the system and to extend the date on which the $2,000 escrow deposit she previously deposited with the Town shall be automatically forfeited and the Town's Director of Building and Codes Enforcement has recommended Town Board approval of this requested extension, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Wendy Hoffman for variances from the Sewage Disposal Ordinance to replace the existing deficient onsite wastewater system by installing a holding tank system consisting of two (2) holding tanks each with a 1,500 gallon capacity, thus meeting the required total capacity of 3,000 gallons, with placement of the holding tank system to be located 8' from the house in lieu of the required 10' setback on property located at 146 Lake Parkway in the Town of Queensbury and bearing Tax Map No: 226.15-1-8, and [BE IT FURTHER, RESOLVED, that the premises shall not be rented until and unless the holding tank system Regular Town Board Meeting, 11-20-2023, MTG 937 375 has been approved and installed and determined to be in compliance as confirmed by the Director of Building and Codes Enforcement, and] BE IT FURTHER, RESOLVED, that the Local Board of Health further authorizes and grants the Applicant additional time to obtain a certificate of compliance from the Town's Building and Codes Enforcement Office as set forth in Chapter 137 to complete installation of the holding tank system and extends the date on which the $2,000 escrow deposit the Applicant previously deposited with the Town be automatically forfeited to the Town until May 6 , 2024 and authorizes and directs the Director of Building and Codes Enforcement to take any and all actions necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES None ABSENT: None 2.3 PUBLIC HEARING-SEWAGE DISPOSAL VARIANACE APPLICATION OF DAVID AND THERESA RIES Publication Date: November 11, 2023 2.4 COUNTINUED PUBLIC HEARING-SEWAGE DISPOSAL VARIANACE APPLICATION OF GERALDINE EBERLEIN Publication Date: November 11, 2023 SUPERVISOR STROUGH-Reviewed proposed variance application for David and Theresa Ries and Geraldine Eberlein. There was an agreement between the two that if one was allowed to place the dock the other property would be used for the septic system, okay. What they are proposing is a mounded system and they are asking for a variance because the water table is about six inches below the bed which doesn't meet our standards or not too many standards and 13-feet from the building instead of the required 20-foot set-back but I think you'll find out the Regular Town Board Meeting, 11-20-2023, MTG 937 376 concern from this is that a groundwater table is so high in this particular area for this system but please speak to it. ATTORNEY JOHN LAPPER-Yes. SUPERVISOR STROUGH-And introduce yourself for the sake of the record. ATTORNEY LAPPER-For the record John Lapper with Project Engineer Matt Huntington with Studio A in Saratoga. So as John said we would like to talk about both of these variance requests at the same time to start with. They're adjacent neighbors. The Eberlein system is existing older septic system, is approximately 40-feet from the Lake now and we're proposing to address both sites together with this project. Both would be beyond 200-feet from the Lake which is obviously a big change. It's a mounded system so that it would meet the three feet separation distance but beyond that we were here months ago, and we went back and looked at it and revised the plan and what's different mostly is a proposed curtain drain along the north side of the Ries parcel, which is a subsurface groundwater drainage. The problem is groundwater is high there and this will move, it's on the plan, and it will move the groundwater along the driveway towards the Lake. It's not stormwater, it doesn't have to be treated, it's groundwater and it will dilute before it gets to the Lake. This will reduce the problem of the separation distance to groundwater over time which should make a big difference. I know you know that area because of the Rockhurst Sewer plan that's being proposed. So,this is right next to that hill, across the street and that's where the groundwater comes from so this, so the Ries lot has high groundwater, and this curtain drain will help that overtime to drain that out towards the Lake where it's going anyway. But we're not asking for a reduced variance, we're not, even though we're addressing with the curtain drain we're addressing the groundwater height we're still ask, providing the three-foot separation, the location of these two mound systems are pretty much a mirror image of where the neighbors end on the south side of the adjacent driveway. Same thing that was previously approved so it'll look right, it will be landscaped right but it should help the neighborhood a lot by providing this, this curtain drain and of course to move the Eberlein system 200-feet from the road is a big improvement so that's generally what we're doing. I'll let Matt talk about the specifics of this design. MATT HUNTINGTON-Yes, Matt Huntington with Studio A. Yes, John hit most of the points on the head there but yes to elaborate a little bit more on I guess the major requests we're asking for is when we did test fits there was groundwater within six-inches of the surface. Town Code says you need three feet of soil existing. So, since we don't have the soil, we're bringing it in to create the mound system and create the three-foot separation. Now to mitigate asking for a variance we've done a few things. One, both houses are going to have an ETU ahead of the mound, we're not asking for the 33 percent reduction in a mound and additionally on top of that what we've done is on the downhill tapper of the mound we've increased that beyond what the Code minimum is. The Code says when you do a mound you build up three feet of soil you can tapper away from where the absorption bed area is three feet or three,just three horizontally one foot down carry on. We've extended part of this as five feet horizontally one foot down on the downhill line. So, what that does is by the time the ETU pumps into the leach field area that's in the upper portion of this mound you have the three feet of separation for the effluent to trickle down in additionally on the downhill side now it has to travel down and horizontally an additional distance that's beyond what would be required by the Code minimum. For example, the Code minimum says the area under the mound only needed to be about 400 square feet. We're providing approximately 2000 square feet under the basal area. So, it's a substantial increase of what's there to mitigate the groundwater concerns. The current drain acts as exactly that. What it is, is it's a four inch perforated pipe in a crushed stone bed that sits below the surface of the ground. There's topsoil on top of it so it's not directly taking stormwater nor is it designed to. It's strictly there to lower the groundwater table. This is a prescriptive practice that's actually available in the Department of Health Wastewater System Design Handbook that accompanies 75A. What that does in our case, our current drain varies. It's approximately one to two feet deep so ultimately by the time this mound is constructed what's going to happen is the current drain is going to drop the groundwater table let's say a minimum one foot and then we have an additional three feet of soil above that before you get to the actual leaching bed. So, at the time of construction you'll probably end up with four foot of separation to groundwater. On top of that, we're not asking for any horizontal separation distances other than at the Ries' house, the Ries' house, it's a instead of 20-feet we're 13-feet but that's just to the toe of the mound. The Regular Town Board Meeting, 11-20-2023, MTG 937 377 actual leaching bed is well beyond 20 feet from there. Again anything, any environmental concerns the wetland we're over 100-feet from, the Lake we're well over 200-feet away from. SUPERVISOR STROUGH-Okay, because the situation here is so difficult, we had our, one of our Town Engineers review it and I did get it to you very late. ATTORNEY LAPPER-Yes. SUPERVISOR STROUGH-I didn't get it till late Friday, so I got it, John O'Brien sent it out to you later and he has eight comments that I want to give the agents for the applicants a chance to respond to but so I don't think it would be fair to act on this tonight until you get enough opportunity to respond to our Town Engineers' viewpoints on that. ATTORNEY LAPPER-That's fine. We did just see them. We certainly have answers to that but there's no reason not to table it and let us respond to those. SUPERVISOR STROUGH-Okay and for the matter of the record we got an email from Bob and Trish End, two emails from Bob and Trish End and then one from Steve LaFeche and they're not in favor of the proposed system as it's proposed. ATTORNEY LAPPER-John, were those new letters? SUPERVISOR STROUGH-Received November 14'', November 15'h of this year and November 15'h of this year. ATTORNEY LAPPER-So we think that the curtain drain is going to a long way to solve some of their issues as well and I'm not sure if they understand that but certainly something we can discuss. SUPERVISOR STROUGH-And and it might and I don't know if our Town Engineer addressed that or not but that's why if you have a conversation with them and ensure lawyers from or engineers, lawyer from you and it will give us more of an opportunity to have more information going forward. It's just that this particular parcel, the groundwater is so near the surface there is concerns that we want to make sure that whatever we do isn't going to jeopardize the Lake. ATTORNEY LAPPER-We understand and that's fine. We'll speak with the neighbors, we'll address the engineering comments and come back and see you. SUPERVISOR STROUGH-Okay, and. COUNCILMAN FREER-So is there a curtain drain example that,that's, that we could understand a little bit better. I mean I, I heard what you said I sort of understand it but to me its like ok so what is the capacity right you know is there some standards that you guys can direct us to or an example of a couple places where it's been successfully used? MR. HUNTINGTON-Yes, I mean we've got a few places where it's been successfully used, not necessarily on the Lake, our most recently we had one that went up at Garnet Hill Lodge so I don't think you guys have reason to travel up there but. COUNCILMAN FREER-I was just there the other day. MR. HUNTINGTON-You know we've used them in different places, Department of Health's Design Handbook for onsite wastewater treatment systems has a section on curtain drains. I'd be happy to provide that section. COUNCILMAN FREER-No I can find it online. MR. HUNTINGTON-For more guidance. Exactly. COUNCILMAN FREER-Okay, Thank you. Regular Town Board Meeting, 11-20-2023, MTG 937 378 MR. HUNTINGTON-Yes, and the idea behind it is the groundwater is going to go at the least resistance so by creating the crushed stone and the pipe at a lower elevation it's going to migrate in that direction drying out some of the area next to it. COUNCILMAN FREER-Some of the area. MR. HUNTINGTON-Yes, well some of it, we're not going to dry the whole site out but that's also why we're bringing in the three feet of fill above the ground surface. You know it's kind of a belt and suspenders approach. ATTORNEY LAPPER-It was designed to be redundant, which we thought after the last meeting that we needed to provide so, we're happy to make sure that everyone understands it and talk about it. SUPERVISOR STROUGH-Okay. So Town Board, am I heading in the right direction? COUNCILMAN FERONE-Yes. SUPERVISOR STROUGH-Okay, Alright so we have you know this one, David and Theresa Ries of 8 Seelye Road and Geraldine Eberlein of 12 Seelye Road and we have a public, that's 2.3 and 2.4 and since they're related with a common system is there anybody here tonight that wishes to speak to either one of these? Because going forward we have concerns on behalf of the Town Engineer that need to be responded to so we're not acting on this but if there's people here that want to speak to this, I'm going to give you the opportunity to do so. There is one person so if you'll have a seat, please and I may have you come back up. Alright. Alright enough excitement for one night? COUNCILMAN FREER-Thanks for coming. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-Goodnight. UNKNOWN-We'll see you again. SUPERVISOR STROUGH-Alright. CHRIS NOVITSKY-Good evening Board, Chris Novitski, Lake George WaterKeeper. We appreciate that you know the Fuji system that was put in, but I think some of our concerns were explained well by Councilperson Freer earlier that Fuji systems although provide enhanced treatment do not provide the treatment for phosphorus which is our main concern so that,that remains. We do have concerns about the wetlands, obviously the soils are wet. They're also very tight and they will remain tight even if that groundwater is taken down by, by the curtain drain. Those soils will remain tight, be hard to get infiltration in there which will impact effectiveness. I personally am not a big supporter of a curtain drain that's going to outlet to Lake George. It may be groundwater but you're making an easy path for groundwater which a lot of it will contain contaminants, will contain nutrients and you're piping that directly to the Lake. So, I am not in support of that. I'm not saying that there's any regulations against that, but I don't think it's the best thing for the Lake, especially in an area where we're experiencing harmful alga-blooms. Also this system is going, it appears it's going to be set on top of an old system so the, you have a system that's been in existence for a number of years that is already saturated those soils with nutrients and phosphorus is bound to those soils so again now we will be putting more loading on top of that. So those are some of our concerns on the proposal as of right now. Thank you. SUPERVISOR STROUGH-Thank you. Anybody else? Okay, the applicant's agents want to return. ATTORNEY LAPPER-We'll address Chris' comments as well. SUPERVISOR STROUGH-Alright if you would please. Regular Town Board Meeting, 11-20-2023, MTG 937 379 ATTORNEY LAPPER-Well when we, we'll respond we think that curtain drain is appropriate. We'll respond to the Town Engineer. SUPERVISOR STROUGH-And then it will be part of the conversation you have with the Town Engineers going forward and with us. ATTORNEY LAPPER-Yes. SUPERVISOR STROUGH-Yes. MR. HUNTINGTON-Yes, I mean the curtain drain didn't come up on the Town Engineer's review, but we can certainly address it as needed. We did have one more request from the applicant. Would it be possible to read the emails into the record just so they can hear them? COUNCILMAN MCNULTY-Are they here or are they online? ATTORNEY LAPPER-No the applicants are right here. SUPERVISOR STROUGH-Alright, they aren't too bad. Alright to Caroline Barber. TOWN COUNSEL SCHACHNER-Excuse me, I don't, excuse me I don't mean to interrupt you. SUPERVISOR STROUGH-What? TOWN COUNSEL SCHACHNER-The applicant's also entitled to copies of them, you do realize that? SUPERVISOR STROUGH-Yes. MR. HUNTINGTON-Yes that will suffice. I suppose it will be fine. SUPERVISOR STROUGH-Yes, I will get you copies. ATTORNEY LAPPER-Can we get, yes you can just send us copies. MR. HUNTINGTON-Just so I can get them out to my client we'll save time, save time that's good. SUPERVISOR STROUGH-Yes, so we'll want to get there you know, half-time. MR. HUNTINGTON-Yes, I guess one thing on Chris' concern the existing system is scheduled to be removed out of there on the drawings. SUPERVISOR STROUGH-Alright, we'll we have another Town Board meeting on December fourth so we can, let's move along to everyone's satisfaction, we'll be back on December fourth. MR. HUNTINGTON-Okay. SUPERVISOR STROUGH-Okay. MR. HUNTINGTON-Thank you. SUPERVISOR STROUGH-Alright. ATTORNEY LAPPER-And for the record the Chiefs are ahead 17-7. SUPERVISOR STROUGH-Oh okay. ATTORNEY LAPPER-Since you asked. COUNCILMAN MCNULTY-...Thank you. Regular Town Board Meeting, 11-20-2023, MTG 937 380 ATTORNEY LAPPER-Goodnight thank you. SUPERVISOR STROUGH-Alright, thank you. Okay so. ATTORNEY LAPPER-John? SUPERVISOR STROUGH-Yes. ATTORNEY LAPPER-Dave would just like to make a comment, Dave Ries one of the applicants. If that's okay? SUPERVISOR STROUGH-Yes, no that's okay. COUNCILMAN FREER-The public hearing's still open right? DAVID RIES-So, I'm David Ries 23 Pinehurst so John you had mentioned that these letters were all negative, I'd like to hear what those are. SUPERVISOR STROUGH-I'm going to get them to you. MR. RIES-But, but does the rest of the Town, do they have the availability as well to see them? ATTORNEY LAPPER-He'll send them over and we'll take a look at them, that's fine. SUPERVISOR STROUGH-Yes, one said we didn't get notice of this hearing well it's because the public hearing's been left open. I'm right next to it...This one is just because they felt they should have been re-noticed I guess and that was from Bob and Trish End. MR. RIES-Okay. SUPERVISOR STROUGH-And then from Steve LeFleche please include my original letter and picture that I submitted from the last hearing which you are already familiar with right? Our position has not changed. We do not support this project. That summarizes that. MR. RIES-Okay. SUPERVISOR STROUGH-And then Bob and Trish End at 8 Waters Edge Drive, my wife and I are not able to attend I would ask that you would include the attached letter submitted and it's their previous letter. ATTORNEY LAPPER-That was before design change. MR. HUNTINGTON-Before the design change yes. MR. RIES-Exactly. SUPERVISOR STROUGH-We are frankly shocked that it is even under consideration due to the severe drainage issues that have existed on this lot for years and the fact that there are perfectly acceptable solutions including the sizing the project to fit the lot size or using a holding tank as Steve LeFleche has done there is near unanimous if not unanimous neighborhood opposition to this project. We ask that the Town Board do the right thing and reject this over reaching request. MR. RIES-Okay, right so now that a,that's fine let's put that in perspective. So that first hearing what was that for? Yes but what was it for? Was that for our project as well or was just theirs? ATTORNEY LAPPER-No it was just theirs. MR. RIES-Just theirs so that was not on our project, and you lump them together like that though it makes it seem like they're all saying no to our stuff as well. SUPERVISOR STROUGH-Well, you know in addition to this David, there are eight concerns by the Town Engineer some of which would like if you know the language between the Regular Town Board Meeting, 11-20-2023, MTG 937 381 maintenance and everything else that we ask for back when they see it needs to be improved, I'm not going to go into all the details. They just suggest how it can be improved that language and there are eight things. So you know you're all going to work together and respond to those concerns by the Town Engineer. That's going to get shared with the Board. We're leaving the public hearing open if we can get this to the point of everyone's satisfaction we'll be looking at it again on December fourth, two weeks from now. MR. RIES-Okay. SUPERVISOR STROUGH-Okay. COUNCILMAN MCNULTY-We do have a question John on. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-On TV land. SUPERVISOR STROUGH-Oh, Trish End. Yes, Trish can you hear us? COUNCILMAN MCNULTY-You're muted Trish. BOB END-Yes, this is well Bob and Trish. Can you hear us? SUPERVISOR STROUGH-Yes, we can hear you loud and clear. MR. END-Great! First of all,just to address David's last comment we are not opposed to his piece of the project at all. I think what he is trying to do is build a system that is within his, you know with close proximity to the house. What we know of his project we have no objection to. The Eberlein project is a much larger mound system. We are not here I don't think to talk about the aesthetics but it's going to obviously from the drawings be a pretty large mound system. Our principal issue is why not a holding tank? This lot is underwater close to nine months of the year. We have submitted pictures. We have lived there since '94. Everybody that knows the site has made the same comment that it is perennially wet. When we built our house, it was designated a non-jurisdictional wetland and it's a wetland none-the-less and we can try to address the drainage issues. I find it hard to believe that they are going to be effective. I'm not an engineer so I can't you know give you the same level of detail that a, that an engineer can but I think it defies logic to build a septic system in what is virtually a swamp and there is an option, the option is a holding tank. We've been on this call all night and ironically most of the discretion tonight has been on issues very relevant to this project. The two previous variances were to put in septics or were to put in holding tanks. Prior to that you spent a lot of time trying to raise the standards for sewage and septic tank treatment systems which we wholly support. So, I just don't understand why a holding tank is not a solution here. Steve LeFleche, our immediate neighbor did put in a holding tank. There is an increased cost over the lifetime of the project. He was willing to do it because he thought it was the right thing to do. I don't understand why the Eberlein's are not willing to do the same. SUPERVISOR STROUGH-Alright thank you. MR. END-Thanks for the time. SUPERVISOR STROUGH-Yes, now I mean you know that maybe an option but in the meantime we want to give the applicant every opportunity to give us rational basis for the system that they are proposing and have the experts,the engineers take a look at it and converse and then we will see what happens in the end of the day and we may end up with holding tanks Mr. End. Alright, anything else? Okay. ATTORNEY LAPPER-Thank you. MR. HUNTINGTON-Thank you. SUPERVISOR STROUGH-Alright thank you. So, we are not acting on 2.4 or 2.3 we're going to wait for more information. Let's go to 2.5. Regular Town Board Meeting, 11-20-2023, MTG 937 382 No Actions Taken. Both Public Hearings Left Open RESOLUTION GRANTING MARIANNE PARRISH A WAIVER OF ESCROW DEPOSIT AND EXTENSION OF TIME TO COMPLETE INSTALLATION OF CODE COMPLIANT ONSITE WASTEWATER TREATMENT SYSTEM ON PROPERTY AT 285 BIG BAY ROAD RESOLUTION NO.: BOH 82,2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 285 Big Bay Road in the Town (Tax Map No.: 316.5-1-1)occurred on or about March I", 2023 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 November 13, 2023,Marianne Parrish(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 June 1", 2024 and the Director of Building and Codes Enforcement has recommended Town Board approval of this requested waiver and extension, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board,as the Town's Local Board of Health,hereby authorizes and grants Marianne Parrish 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 Regular Town Board Meeting, 11-20-2023, MTG 937 383 onsite wastewater treatment system (OWTS) on Property located at 285 Big Bay Road, Queensbury until June 1st, 2024, and BE IT FURTHER, RESOLVED, that the existing residence on the Property shall not be 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 201h day of November, 2023, by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Ferone,Mr.McNulty NOES None ABSENT : None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 83, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 201h day of November, 2023, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES None ABSENT: None 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) No public comment. Regular Town Board Meeting, 11-20-2023, MTG 937 384 4.0 RESOLUTIONS RESOLUTION AUTHORIZING HIRING OF DONOVAN FARLEY AS BUILDING MAINTENANCE WORKER IN WATER DEPARTMENT RESOLUTION NO.: 400, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury's Water Superintendent has advised the Town Board that there is a vacancy in a full-time Building Maintenance Worker position in the Department, and WHEREAS,the Water Superintendent posted availability for the position,reviewed resumes, interviewed candidates and has recommended that the Town Board authorize the hiring of Donovan Farley as a full-time Building Maintenance Worker, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of Donovan Farley as a full-time Building Maintenance Worker in the Town's Water Department effective on or about November 21", 2023 contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening,and subject to Mr.Farley's successful passing of apre-employment physical as required by Town Policy and successful completion of a twenty-six(26)week probationary period, and BE IT FURTHER, RESOLVED,that Mr.Farley shall be paid the hourly rate of pay for the Building Maintenance Worker position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor,Water Superintendent and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 20'h day of November, 2023 by the following vote: Regular Town Board Meeting, 11-20-2023, MTG 937 385 AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CAPITAL MARKETS ADVISORS, LLC TO PROVIDE FINANCIAL ADVISORY SERVICES RESOLUTION NO.: 401, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by prior Resolutions the Queensbury Town Board authorized engagement of Capital Markets Advisors, LLC (CMA) to provide financial advisory services in conjunction with any bond issue as well as continuing disclosure submission and general financial advisory services as requested and directed by the Town, and WHEREAS,the Town Budget Officer has recommended engagement of CMA for continuing disclosure financial services for 2024 at a cost of$2,600 as set forth in CMA's Financial Advisory Services Agreement(Agreement)presented at this meeting, and WHEREAS, should the Town Budget Officer and/or Town Board request any other financial services from CMA during 2024 (currently not anticipated), the fees for such services shall be as set forth in the Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Capital Markets Advisors,LLC(CMA)to provide continuing disclosure financial advisory services for 2024 at a cost of$2,600,with fees for any additional financial services,should the Town request them from CMA, to be as delineated in CMA's Financial Advisory Services Agreement(Agreement)presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions necessary to provide for payment of services to CMA from the appropriate Town account(s), and BE IT FURTHER, Regular Town Board Meeting, 11-20-2023, MTG 937 386 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 20'h day of November, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF TWO (2) 2024 FORD F-250 PICKUP TRUCKS FROM VAN BORTEL FORD AND TWO (2) PLOWS FROM TRIUS, INC. FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 402, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback"off an existing County Bid, and WHEREAS, the Town Highway Superintendent has requested Town Board approval to purchase two (2) 2024 Ford F-250 Pickup Trucks (Trucks) from Van Bortel Ford to replace a 2015 Ford F-250 (Town Asset No. 9222) and a 2016 Ford F-250 (Town Asset No. 9331) in accordance with Van Bortel Ford's 11/8/23 Quote 434925 by the Town"piggybacking"with Onondaga County Bid 40010808, for the amount of$50,733.67 each for a total cost of$101,467.34, and WHEREAS, the Highway Superintendent has also requested Town Board approval to purchase two (2) Western MVP plows for the Trucks by the Town "piggybacking"with Trius, Inc., a participating member of the cooperative, municipal purchasing program Sourcewell Contracting, in accordance with Trius, Inc.'s 11/8/23 Proposal presented at this meeting for the total amount of $18,430 per Sourcewell Contract 4080818-DDY, and WHEREAS, in accordance with NYS General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, and therefore,the Town Board wishes to authorize such purchases with withdrawals and expenditures from Capital Reserve No. 64 to fund this capital purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Regular Town Board Meeting, 11-20-2023, MTG 937 387 Highway Superintendent's purchase of 1. two(2)2024 Ford F-250 Pickup Trucks(Trucks)from Van Bortel Ford in accordance with Van Bortel Ford's 11/8/23 Quote 434925 substantially in the form presented at this meeting by the Town"piggybacking"with Onondaga County Bid 40010808, for the amount of$50,733.67 each for a total cost of$101,467.34; and 2. two (2) Western MVP plows by the Town "piggybacking" with Trius, Inc., a participating member of the cooperative, municipal purchasing program Sourcewell Contracting, in accordance with Trius, Inc.'s 11/8/23 Proposal substantially in the form presented at this meeting for the total amount of $18,430 per Sourcewell Contract 4080818-DDY; to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures for such capital purchase are expenditures for which Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs establishment of appropriations and estimated revenues as follows: • 001-9901-9128-0064 Transfer to Operating Funds - $119,867.34; • 004-0000-55031 Interfund Revenues - $119,867.34; • Heavy Equipment Account No.: 004-5130-2040 - $119,867.34; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget,make any adjustments,transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the 2015 Ford F-250 (Town Asset No. 9222) and the 2016 Ford F-250 (Town Asset No. 9331) and deposit any sales proceeds into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and Regular Town Board Meeting, 11-20-2023, MTG 937 388 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. Duly adopted this 201h day of November, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION AUTHORIZING, RESTATING AND RATIFYING EMERGENCY WATER MAIN REPAIRS AT STATE ROUTES 9 AND 254 AND GLENWOOD AVENUE AND QUAKER ROAD INTERSECTIONS AND FURTHER ENGAGEMENT OF DELAWARE ENGINEERING, D.P.C. RESOLUTION NO.: 403, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 335, 2023, the Queensbury Town Board authorized and ratified emergency water main repairs and related professional engineering services, including the engagement of Delaware Engineering, P.C., (Delaware)relating to a catastrophic water main failure at the Intersection of State Routes 9 and 254 in the total amount of $150,000 (with the understanding that it was a preliminary estimate)to be paid from the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241, and WHEREAS,the Town Water Superintendent has advised that during such emergency repairs, an additional emergency developed requiring water main repairs at the intersection of Glenwood Avenue and Quaker Road and therefore he again arranged for needed immediate emergency repairs and services at this intersection, including the engagement of the professional services of Delaware, on an emergency basis for public health and safety reasons, and WHEREAS,the Town Water Superintendent has advised that the total amount of money for Regular Town Board Meeting, 11-20-2023, MTG 937 389 the emergency repairs at the two (2) aforementioned intersections (collectively the "Intersections") are now estimated to total at least $850,000, and WHEREAS,the Town Board determines and restates that the Emergency Repair Services at the Intersections constituted an emergency procurement needed to best serve the Town's residents and to protect public health and safety and were needed immediately in order to restore and provide water service and will further provide for the continued safe and healthy operation of the Town's water system, and WHEREAS,the Town Board wishes to use additional American Rescue Plan Act(ARPA) Coronavirus Local Fiscal Recovery Grant Funds for this qualifying infrastructure investment Emergency Repair Services Project, NOW, THEREFORE, BE IT RESOLVED, due to the emergency nature of the above-described Emergency Repair Services Project, the Queensbury Town Board hereby waives its requirement under General Municipal Law §103 and the Town's Purchasing Policy and authorizes,restates and ratifies the Town Water Superintendent's engagement of the needed contractors to make such Emergency Repairs and the continued professional engineering services of Delaware Engineering,P.C., (Delaware)for the approximate amount of$100,000 for preparation of plans and specifications for the replacement of the 1969 cast iron main that caused all of the damage and a new pressure regulator vault, as such Emergency Repair Services were needed to maintain public health and safety to best serve the Town's residents, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such Emergency Repair Services in the revised total estimated amount of$850,000 shall be paid from the ARPA Coronavirus Local Fiscal Recovery Capital Project No. 241, specifically: 1) Account No: 241-8340-2899-0041 for the Routes 9 and 254 Intersection (an additional $575,000 for a revised total of$725,000); and 2) Account No.: 241-8340-2899-0042 for the Glenwood Avenue and Quaker Road Intersection ($125,000), and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to make any adjustments, budget amendments, transfers, prepare any documentation and take all actions necessary to provide for payment, and Regular Town Board Meeting, 11-20-2023, MTG 937 390 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed Proposal/Agreement with Delaware in form acceptable to the Town Supervisor, Town Water Superintendent and/or Town Counsel, and/or any other needed documentation, and the Town Supervisor, Water Superintendent and/or Town Budget Officer to take any other and further actions as may be necessary to effectuate all terms of this Resolution. Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 11212023 RESOLUTION NO.: 404, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 11212023 with a run date of 11/16/2023 and a payment date of 11/21/2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 11212023 with a run date of 11/16/2023 and a payment date of 11/21/2023 totaling $437,502.96, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting, 11-20-2023, MTG 937 391 RESOLUTION SETTING PUBLIC HEARING ON 2024 AMENDED AGREEMENT FOR FIRE PROTECTION SERVICES BETWEEN TOWN OF QUEENSBURY AND SOUTH QUEENSBURY VOLUNTEER FIRE CO., INC. RESOLUTION NO.: 405, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, fire protection services are provided to the Town of Queensbury by the Bay Ridge Volunteer Fire Co., Inc., North Queensbury Volunteer Fire Co., Inc., Queensbury Central Volunteer Fire Co.,Inc., South Queensbury Volunteer Fire Co.,Inc., and West Glens Falls Volunteer Fire Co., Inc., in accordance with agreements between each Volunteer Fire Company and the Town, and WHEREAS, by Resolution No.: 267, 2020, the Queensbury Town Board, on behalf of the Fire Protection District, authorized a five (5) year fire protection services Agreement with the South Queensbury Volunteer Fire Co.,Inc.,(Fire Company)for 2021 -2025 dated January 1,2016(Primary Agreement), and WHEREAS, the Town and the Fire Company have negotiated terms for a 2024 Amendment Agreement for fire protection services to, among other things, amend the term of the Primary Agreement from a five(5)year period to a four(4)year period(or from 2021 —2024) and amend the amount paid by the Town to the Fire Company for the year 2024 and accordingly, in accordance with Town Law §184, the Town Board wishes to set a public hearing concerning the proposed 2024 Amendment Agreement, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board shall conduct a public hearing concerning the proposed 2024 Amended Agreement for fire protection services between the Town of Queensbury and the South Queensbury Volunteer Fire Co., Inc., on Monday, December 4 h, 2023 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten(10) days prior to the Public Hearing. Duly adopted this 20'h day of November, 2023, by the following vote: Regular Town Board Meeting, 11-20-2023, MTG 937 392 AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2024 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WEST GLENS FALLS EMERGENCY SQUAD, INC. RESOLUTION NO.: 406, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town and WHEREAS, the Town's Agreements with its two (2) Emergency/Rescue Squads, the West Glens Falls Emergency Squad, Inc. and the Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service (formerly the Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad, Inc.)will expire as of December 31, 2023, and WHEREAS, the Town and West Glens Falls Emergency Squad, Inc. have negotiated terms for a new one (1) year Agreement for general emergency ambulance services for 2024 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement for 2024 between the Town of Queensbury and West Glens Falls Emergency Squad,Inc. on Monday,December 4 h,2023 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten(10) days prior to the Public Hearing. Duly adopted this 20'h day of November, 2023, by the following vote: Regular Town Board Meeting, 11-20-2023, MTG 937 393 AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON 2024 EMERGENCY AMBULANCE SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND BAY RIDGE RESCUE SQUAD, INC. DBA QUEENSBURY EMERGENCY MEDICAL SERVICE RESOLUTION NO.: 407, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, in accordance with Town Law §184 and General Municipal Law §122-b, the Queensbury Town Board may contract with ambulance services certified or registered in accordance with Public Health Law Article 30 for general emergency ambulance services within the Town and WHEREAS, the Town's Agreements with its two (2) Emergency/Rescue Squads, the West Glens Falls Emergency Squad, Inc. and the Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service (formerly the Bay Ridge Rescue Squad, Inc. and North Queensbury Rescue Squad, Inc.)will expire as of December 31, 2023, and WHEREAS, the Town and Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service have negotiated terms for a new one (1) year Agreement for general emergency ambulance services for 2024 and accordingly, in accordance with Town Law §184 and General Municipal Law §209(b), the Town Board wishes to set a public hearing concerning such proposed Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall duly conduct a public hearing concerning a proposed new emergency ambulance services Agreement for 2024 between the Town of Queensbury and Bay Ridge Rescue Squad, Inc., DBA: Queensbury Emergency Medical Service on Monday, December 4 h, 2023 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least ten(10) days prior to the Public Hearing. Regular Town Board Meeting, 11-20-2023, MTG 937 394 Duly adopted this 20'h day of November, 2023, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None RESOLUTION TO AMEND 2023 TOWN BUDGET RESOLUTION NO.: 408, 2023 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Town of Queensbury Budget Officer has duly initiated,justified and deemed compliant the following Budget Amendment Requests with Town operating procedures and accounting practices, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2023 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1910-4200 Property Insurance 2,500 009-0000-0909 Fund Balance 009-8160-4800 Equipment Rep 7,500 040-8320-4300 Electricity 040-8330-4271 Treatment Chem 40,000 047-0000-0909 Fund Balance 047-8320-4400 Misc. Contractual 4,150 Duly adopted this 20'h day of November, 2023 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES None ABSENT: None 5.0 CORRESPONDENCE SUPERVISOR STROUGH-Correspondence received on changes, the amending of Chapter 136 generally in support from Eric Sage, President of the PALS group, Lake Sunnyside. DEPUTY TOWN CLERK MURPHY-Letter received from Mark Hoffman stating his ideas on the Comprehensive Land Use Plan. Regular Town Board Meeting, 11-20-2023, MTG 937 395 6.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) No public comment. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) • Wished everybody a very Happy Thanksgiving. COUNCILMAN FREER(WARD II) • Happy Thanksgiving. • Reported on the Veteran's Road streetlight, one of the three isn't working and he spoke with someone about getting them working. • Referred to the First Amendment Audit conducted at the County and sounds like the people at the County handled it well and thinks we are well positioned to do that as well. COUNCILMAN FERONE(WARD II1) • Wished everybody a Happy Thanksgiving. COUNCILMAN MCNULTY(WARD IV) • Wished everybody a Happy Thanksgiving. SUPERVISOR STROUGH • Reported that Gina Martin of the Warren County Planning Department wanted it announced that Warren County is doing a Comprehensive Land Use Plan and to go to their website for further information. • Announced the Queensbury Candy Cane Lane drive through sponsored by the Town of Queensbury on December 1st from 6-8pm at SUNY Adirondack. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 409, 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 its Regular Town Board Meeting. Duly adopted this 20th day of November,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 BETTY MURPHY, DEPUTY TOWN CLERK II