Loading...
02-26-2024 MTG#7 Regular Town Board Meeting, 02-26-2024, MTG 97 578 REGULAR TOWN BOARD MEETING MTG# 7 FEBRUARY 26, 2024 RES. #82-92 7:00 P.M. BOH #17-20 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN MICHAEL DIXON COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL Robert Hafner, Esq. PRESS Look TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILPERSON ANTHONY METIVIER 1.0 Queensbury Board of Health RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 82, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier 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 261h day of February, 2024, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None 1.1 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION Daureen and Dan Bennett Publication Date: February 17, 2024 SUPERVISOR STROUGH reviewed proposed application, removing current system and placing two one thousand gallon holding tanks for 88 Seelye Road. STUART MEAD-My name is Stuart Mead, I am here on behalf of RU Holmes Engineers JACK KEATING-I'm Jack Keating, one of the owners. SUPERVISOR STROUGH-So that's Stuart Mead, M E A D? Regular Town Board Meeting, 02-26-2024, MTG 97 579 MR. MEAD, Agent-Yes. SUPERVISOR STROUGH-And we also have present at the table, Jack Keating. MR. KEATING-Jack Keating, yes, I'm one of the owners of the property. SUPERVISOR STROUGH-Okay that's why I said, and others, it was pointed out to us. We did a site visit today, this afternoon. Alright, Mr. Mead, is there anything you'd like to add to what I said? MR. MEAD-No. Overall we have an existing holding tank, we're proposing to replace it with upsized holding tanks. They only use the residence seasonally and that's about it. SUPERVISOR STROUGH-Town Board, any questions before I open the public hearing? COUNCILMAN MCNULTY-Yes, John, excuse me. The resolution calls for a 2,000 gallon capacity holding tank. Mr. Mead, when we were on the site, it sounded maybe it's two one thousand gallon. MR. MEAD-Correct. COUNCILMAN MCNULTY-Okay so do you have a copy of the resolution in front of you? MR. MEAD-I do not. COUNCILMAN MCNULTY-So the way it currently reads is wish to install a 2,000 gallon capacity holding tank. So at the minimum we just have to amend that I believe to go forward with this. Is that correct? TOWN COUNSEL HAFNER-So, where it says a 2,000 gallon capacity holding tank, it would be two one thousand gallon capacity holding tanks. MR. MEAD-Correct. TOWN COUNSEL HAFNER-Okay. COUNCILMAN MCNULTY-Which is actually on the map we were provided. It's just in the resolution. MR. MEAD-Correct, okay. TOWN COUNSEL HAFNER-So we would actually change that in the second Resolved, we would get rid of a 2,000 and we would say, two one thousand. COUNCLILAN MCNULTY-Thank you. SUPERVISOR STROUGH-Let me see if there is any member of the public that wishes to speak to this matter. I may ask you if there's any interest for you to sit down and then I may ask you to return to respond to any of the public's concerns if anyone do share. Is there any member of the public who wishes to speak to this request for variances for their septic system which includes two one thousand gallon holding tanks? Seeing nobody, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION APPROVING DAUREEN AND DAN BENNETT'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 17,2023 Regular Town Board Meeting, 02-26-2024, MTG 97 580 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Daureen and Dan Bennett(Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136, §136-11 which requires applicants to obtain a variance for a holding tank and a variance from§136-1 lA as the Applicants wish to install two (2) 1,000 gallon capacity holding tanks in lieu of the required 3,000 gallon capacity holding tank on property located at 88 Seelye Road in the Town of Queensbury, and WHEREAS,the Applicants also applied for an additional variance to allow placement of such holding tanks 6'±from the property line in lieu of the required 10' setback, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, February 26 h, 2024, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 1. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Daureen and Dan Bennett for variances from the Sewage Disposal Ordinance to allow installation of two(2) 1,000 gallon capacity holding tanks in lieu of the required 3,000 gallon capacity holding tank, with placement of such holding tank 6'± from the property line in lieu of the required 10' setback on property located at 88 Seelye Road in the Town and bearing Tax Map No: 227.17-2-15, and Regular Town Board Meeting, 02-26-2024, MTG 97 581 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 26 h day of February, 2024, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None 1.2 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION David and Theresa Ries Publication Date: February 17, 2024 1.3 PUBLIC HEARING—SEWER DISPOSAL VARIANCE APPLICATION Geraldine Eberlein Publication Date: February 17, 2024 SUPERVISOR STROUGH reviewed proposed system for 8 Seelye Road and noted that they will be sharing a backyard and a mound with the adjacent owner Geraldine Eberlein at 12 Seelye Road North. It's proposed to be a mounded soil absorption system that will be located on 8 Seelye Road North and they are requesting two variances. One, the groundwater table to be six inches below the ground surface instead of the required three foot below ground surface. And two, the fill or buildup system to be located four foot from the dwelling in lieu of the required 20 foot setback. We did a site visit this afternoon up there. We have two agents before us for both applicants. Whoever would like to go first, please identify for yourself for the record. JON LAPPER, Esq.-Certainly. I will start out first. Jon Lapper with Matt Huntington, the project engineer from Studio A and Gerry Eberlein is here behind us. The Ries' are in Florida this week or they would be here. So just to elaborate on what Supervisor Strough said, the existing septic system for Gerry is located about 60 feet from the Lake, it's not failing but it's an older system and it certainly doesn't meet standards. And the Ries' system is farther from the Lake but is also a very old system. So they got together and agreed that the two systems would be designed and constructed together for efficiency more than 200 feet from the Lake. Because it's high groundwater, a typical way to address that with a raised system, a fill system which is exactly what the neighbor, the Ends at the south have onto their property. They and another neighbor objected to this I think mostly visually even though it's the same thing that's there. So we agreed to landscape it but more than that, to address their concerns even though, once it's constructed there's more than three feet of separation. We're proposing now to put in a curtain drain north of, on the north end of the Ries' property which will take groundwater and move it out of the area and dry out the whole area before it even gets to the area where the septic systems will be and also the End's system will be and the other neighbor. So we think that this is good for the neighborhood. I know Doug Kirkpatrick who is a neighbor to the north is ... and he understands that as well, it is good for the neighborhood to put this curtain drain in. A curtain drain is something that DEC and DOH both have in their regulations as a method for dealing Regular Town Board Meeting, 02-26-2024, MTG 97 582 with situations like this. So we think that we're drying out the whole area which is good for the neighborhood but more importantly this is a treatment unit so it's better than the systems that are around there now. So, anything that is going to be going into the ground is very well treated. So we think that this is a major improvement that what is there now with the existing system 65 feet from the Lake. By doing these together and putting them far back from the Lake and then bring the curtain drain, we think this is the right solution. So, let me hand it over to Matt to give you some more details. MATT HUNTINGTON-Yes, Matt Huntington with Studio A. I guess I will elaborate a little bit on what Jon said here. Both of these houses will have identical systems. So starting at the house and coming out it will go through an Enhanced Treatment Unit which the Board is all familiar with because these things come to the Lake quite often. Here we are using a Fuji Enhanced Treatment Unit, they are a C-5 unit. It is designed to treat up to 500 gallons per day. Each of these houses only produces 330 gallons per day at a maximum, that's what the design level is. So starting at the house we've already gone conservative and somewhat over designed the treatment for these things, starting right from the house. Now it leaves the Enhanced Treatment Unit, is an effluent quality that had to meet a third party certification called an SF-40, they have to go through a minimum of six months of testing, then multiple years in the field that a third party verifies that this thing is going to do what it says it's going to do. And what that is, is there's certain numerical limitations that need to be hit for the effluent coming out of this Enhanced Treatment Unit. Those numbers that come out of this Enhanced Treatment Unit are actually lower than the values that the DEC prescribes to discharge effluent to surface water bodies. So the quality that's coming out of this is awful similar to like a small wastewater treatment facility. That's only coming out of the Enhanced Treatment Unit at the house and then from there it will travel through a pump station out to the mound systems. Now, the mound systems to overcome the separation of groundwater because onsite right now we have the six inches, and as Jon said, the curtain drain is part of that but what we'll do additionally is bringing in an engineered specified soil mix that's well drained to create that three feet of vertical separation above the existing groundwater. So you have treated effluent coming into the soil base treatment area, the mound systems themselves will continue to treat the effluent as it trickles and absorbs down through the engineered soil before it gets down to this actual groundwater level here. And this vertical separation exceeds anything in the State and by this time it will probably exceed what Queensbury's regulations of three feet. Because the current drain itself, that's going to be installed anywhere from 18 inches to two feet below existing grade. So from there, it will take the groundwater, it's going to drop it down another 18 inches to two feet. So, by the time this thing is built from the mounding system absorption field to the groundwater level that's out there, you'll be looking at separation of approximately four to five feet which you know clearly exceeds the three feet there. As another conservative measure, what we did here, you'll note that its two absorption beds going into the same mound. They're separated by fifty feet, we've actually oversized the mound slightly so that absorption area that the bed trickles down the mound has more room to absorb, more room to be treated before it gets to this existing grade level where the groundwater is. So by the time you hit the groundwater level, you're looking at polished effluent here that you know exceeds anything that would be discharged to a surface waterbody by the State of New York. SUPERVISOR STROUGH-Okay, and we're talking about a Fuji system which is an Enhanced Treatment Unit. MR. HUNTINGTON-Correct. SUPERVISOR STROUGH-Like you said, you characterized it as almost a septic system treatment center within itself. And you also offered to add to the Fuji system because it isn't an addition that's easily done is an ultraviolet. What's it called? MR. HUNTINGTON-Yes that's correct. So within this Fuji unit, it's a tank and its got a series of baffles and chambers and pumps that recirculate for filtration ... that's how it works without getting too technical. But before it comes out of the outlet, there's a port that you can just specify when you order the unit, to have an ultraviolet light disinfection unit placed into the port. So, it goes through the whole treatment within the tank and before it leaves the tank it has to travel through the UV light which further increases the disinfection, decreases any of the concentration of the effluent leaving. So the numbers that they provide as part of their NSF-40 Regular Town Board Meeting, 02-26-2024, MTG 97 583 Certification, will actually be lower than that in reality with the UV disinfection because it will help move any potential pathogens that might be in the effluent. COUNCILMAN MCNULTY-John the owner is online and he's raised his hand to speak as well, David Ries, he's online. SUPERVISOR STROUGH-Mr. Ries, can you hear us? DAVID RIES-I can. Can you hear me? SUPERVISOR STROUGH-Yes we can. MR. RIES-Thanks for letting me in. The one concern I had was that in the beginning John you had mentioned that this was one system. I want to make sure the public is clear that there are two separate tanks, two separate pumps for those tanks and two separate mound systems. So, it's not all in one mound system, it's in two. SUPERVISOR STROUGH-Well, one correction on that Mr. Ries. It is one mound with two separate systems within it. MR. HUNTINGTON-Yes, that's correct. There's two absorption beds within one mound. We really did it for an aesthetic and conservative measure, there's more mound area for both of them. SUPERVISOR STROUGH-Okay. So that was a good clarification. Mr. Ries, is there anything else? MR. RIES-I guess I'd like to talk about, I think the Town is wanting to put in, a lot of homes, to put in holding tanks and I think there's some concerns about that. Both my wife and I are very concerned about the Lake as well as the environment. And I think that just having holding tanks for most houses around the Lake is not necessarily adequate or good for the Lake. If you talk to the septic companies, they sit in line for two hours in the summertime, two and half hours idling waiting to pump their trucks. As well as you can see the roads up Rockhurst, on Seelye, on Cleverdale with all of these trucks going back and forth all day long, it's not good for the roads. So how bad are these roads going to be beat up. So as much as, you know people talk about you know trying to keep the Lake clean and keeping the environment clean,just thinking about holding tanks maybe not necessarily the right way to go and always the way to go. Now, my wife and I have a house that is 1800 square feet, maybe 1850 and we see houses that are going up that are displacing water all over the place on the Lake. So, our footprint is staying the same, we're not adding any bathrooms, we're not adding any bedrooms. If you look at where the septic mound is, it basically does not let us build any farther on our property and almost forces the next person that owns our property someday to not be able to build. So we are doing our best for the environment for our house. We've upgraded the installation. We've upgraded our oil or and hot water furnace to an efficient propane furnace so we're doing all of the right things. Now we're asking for simply is to allow us to put in a septic tank that's better than what we currently have in there today. That's all, thank you. SUPERVISOR STROUGH-Alright, well thank you. I'll leave you active while we deal with your application as well as the Eberlein's. Anything else from the Board? COUNCILMAN FREER-Matt I mentioned this to you. You gave the impression that it was okay to do surface discharge at these levels for New York State. But you and I both know that Lake George does not allow surface discharge like that. MR. HUNTINGTON-Yes, that is correct. COUNCILMAN FREER-Okay, I just wanted to be on the record. MR. HUNTINGTON-Within the Lake George Basin, I simply provided that information as a comparison point on that with the regulations. COUNCILMAN FREER-Thank you. Regular Town Board Meeting, 02-26-2024, MTG 97 584 MR. HUNTINGTON-But yes, that is correct. COUNCILMAN DIXON-I do have a couple of quick questions for you. Hopefully they're quick. So not being an engineer looking at the mound system that's being proposed, I understand the water that's going into it is fairly clean, so it's a tremendous improvement over what exists currently. Where, being a non-engineer that I'm trying to figure out and need you to help me with this, so you've got this mounded up, today is a great day and the ground is still frozen, what happens if these are ... is the water just going to run out because it really can't drain too much into the ground, you're going to add some soil underneath it but is it enough? And when I say this, obviously our engineers, they've looked at it, they've signed off on it but can you explain it to me so I can get my head around this? MR. HUNTINGTON-Yes, I think that maybe somewhat of a misconception in the septic world that this effluent should never reach the groundwater table. It will ultimately always reach there and that is the reason for the regulation. New York State has established that from the bottom of your absorption field in most places Towns obviously have a lot more stricter regulations but they've established that the majority of the treatment can be safe for the environment happens within a two foot zone. You really need a two foot separation before you get into the groundwater. So the idea is that effluent comes in, it's treated aerobically throughout the soil, bonds with the soil through absorption, comes down and ultimately gets into the groundwater but it's treated effluent entering the groundwater. So this system, it will trickle down and it will ultimately end up in the groundwater, it's a groundwater discharge but the idea is that by the time it's there, it's treated effluent that doesn't carry any of the harmful either pathogens, ..., whole systemic solids, phosphorous, all the things that are harmful to the environment. So it will ultimately reach down to that groundwater level but it's treated at that point. COUNCILMAN DIXON-And is there enough soil to, if I can describe this correctly, so you've got the unit coming out, you've got soil underneath it, soils to the left, to the right, on top, that's enough? You feel that's enough to capture everything so it's just not going to run out the sides? MR. HUNTINGTON-Absolutely. It will come down instead of going out because we've actually oversized the mound and I guess just to add to that slightly. We go off, these things are designed off of restrictive flow rates per bedroom set forth by the Department of Health and DEC. In my experience, we design a lot of these things to be ... and we've done some municipal sewers throughout the years, some of these get ... I have found that the majority of time when you put a meter on these things, the actual flow rate is almost 50 percent less than what you designed it to. So in this case, we've oversized the mound, we're sizing it for the appropriate rate for 330 gallons per day per system. In reality, it is very unlikely it will ever even hit that value of flow. So I am very confident that the amount of soil that we have here is enough to provide treatment and operate on the side and eventually makes its way down. COUNCILMAN DIXON-And then the last couple of questions. So, in the future, let's say we're 10 years down the road,the homeowner no longer owns it, how are they going to be or how are they going to assure us that it's properly maintained? I know there's going to be an agreement between the homeowners but my guess is, as long as somebody doesn't come along and say, it's a beautiful spot to plant a tree and take care, by planting things on top you can weaken it. How do we ATTORNEY LAPPER-It's just like the idea of somebody planting a tree over a septic system. You know where your septic system is and if you do that it's not going to operate. But here we have the added fact that we have two neighbors that are using the same system looking over each other's shoulders for the maintenance. COUNCILMAN DIXON-Alright. COUNCILMAN MCNULTY-As I may for a follow up, and John and Harrison you know this better than I, when you put in the system, there's a required maintenance that goes along with it, correct? And a sale or a transfer, that requires a maintenance, would be with the closing people I would imagine. Right so if it was to be sold, that requirement would be laid out for the new owners, correct? There's a process for doing that, right. Regular Town Board Meeting, 02-26-2024, MTG 97 585 SUPERVISOR STROUGH-And I believe you will have a contract with Ellsworth, is it going to be annual or semi-annual they have to, or more so,they have to inspect it. MR. HUNTINGTON-They're the local, I think usually within the first few years it is like four times a year that they have to go and look at it. SUPERVISOR STROUGH-Four times a year. MR. HUNTINGTON-Don't quote me exactly on that but it's somewhere around there. SUPERVISOR STROUGH-So it's multiple times of year but it's every year that it gets inspected to make sure it's functioning correctly. Okay, any other questions for the agents for the applicants? We have the public hearing and before I open to the public, I have some correspondence. One is from Chris Navitsky, dated Monday, February 261h, today and he is the Lake George Waterkeeper. He has concerns, I am going to summarize here, I don't usually read them at all,just make note that I have them but he's concerned that the curtain drain may lead to a discharge of nutrients into Lake George. He's concerned with the soils which are characteristic of the soils in the area which tend to have high water table and poor drainage. And the distance of the seasonal high groundwater of six inches from the surface he thinks is troublesome. And again, he's worried that if effluent seeps from the mound, it could end up in the curtain drain system and the proposed mound system might exhibit high surface runoff due to tight soils and could impact the mound systems. We also have another email from Robert End dated Thursday, February 22nd, 2024 in reference to Eberlein project. It's kind of interesting, he opposes the Eberlein, or wait a minute, he's opposed to the project, it doesn't meet Town standards. The area is chronically wet and there is a legitimate alternative to this system which would be a holding tank septic system. Then from Steve LaFleche, Thursday, February 22nd, 2024 in reference to the Eberlein, we do not support what Eberlein has proposed. He does support Dave and Theresa Ries and what they propose. His other concern that if we do approve this, that they do not block Waters Edge driveway during construction. Alright, those are the newest correspondence that we have in relationship to this matter. We have received others but that was mentioned at a previous meeting. We've been dealing with this project if you will, for quite a while. We even, which is unusual, had our Town Engineer review it. And they went back and forth, it was from LaBella, the engineer and the technical comments have been addressed to our satisfaction. There is an agreement that the owners have with one another that will be part of this. And also, we added and I mentioned this to Matt earlier, perhaps, Jon. ATTORNEY LAPPER-I spoke to Bob about it. SUPERVISOR STROUGH-Okay, and a new Resolved, that since the onsite subsurface wastewater treatment system will not be located on the applicant's property, and they're talking about Eberlein, a recording easement in the form acceptable to the Town must be provided to the Town before a Certificate of Compliance will be issued. Alright, with that, is there any member of the public who wishes to speak to either the variance application of David and Theresa Ries or, and or the variance application of Geraldine Eberlein? TOWN CLERK BARBER-Can I just note that Mr. End's correspondence, he did support the Ries' application for the proposed septic. SUPERVISOR STROUGH-The what? TOWN CLERK BARBER-Mr. End supported the Ries' application proposal on his correspondence. SUPERVISOR STROUGH-Yes, he supported the Ries but he did not support the Eberlein. TOWN CLERK BARBER-Correct. I didn't know if you said that so I thought I would make a note of that. SUPERVISOR STROUGH-Yes, in number one, I do not support, we do not support the Eberlein. Number two, I support Dave and Theresa Ries which it's in the same mound in the same property in the same soil conditions. So one of the variances is for six inches. We, our standard is three foot but with the mounded system and with the curtain drain, according to the Regular Town Board Meeting, 02-26-2024, MTG 97 586 engineer's design, the water table would be much lower than that and actually the separation, three foot is the minimum for the Town, will be four and possibly more. Alright, the public hearing is still open, if there's any member of the public that wishes to speak to either of the two variances I just described? Hearing none, I'll close the public hearing for the application of David and Theresa Ries. I will close the public hearing of Geraldine Eberlein. Town Board, any further questions. COUNCILMAN MCNULTY-John,just a comment. The letters that were read, and I appreciate, as always we appreciate comments, neither of the letters recognized the fact that there is a system that was built in 1907 that is less than 50 feet from the Lake, that while it passed it's last inspection, we don't know when it will fail and the great job the engineer did in terms of the effluent levels and all of that, which I appreciate, I don't understand but I appreciate, doesn't play into this because it's directly into their system going into their current system. I think that needs to be acknowledged that we're taking a system that is marginally working and enhancing it to the fact that where the effluent that comes out, ... all but two ... would be able to put back in the water. So I appreciate the over engineering. I do think the UV light should be part of the requirement as well but that's just what I'd like to add. SUPERVISOR STROUGH-Alright, I don't know how this is going to go but I do have two conditions that have been identified in our discussions. One is that the Ultraviolet option will be added to the FUJI system in both cases. TOWN COUNSEL HAFNER-That wasn't part of the application as amended? ATTORNEY LAPPER-No, that just came up. TOWN COUNSEL HAFNER-Okay. SUPERVISOR STROUGH-So that will have to be added to any potential approvals to the Ries and Eberlein proposals because they both have Fuji systems, they are separate proposals in here. And when you're ready Bob, there's one other condition that I think the Town Board is going to consider this, they would want to include it, and that is Waters Edge Drive will not be blocked in any manner during the construction of this system. And I think that, again has to go into both resolutions for the Town Board's consideration. COUNCILMAN FREER-John, that is really a Town road right? Didn't we just go over this and so, I don't think the neighbor, well I think it's overkill but. TOWN COUNSEL HAFNER-You're not supposed to block Town roads, so having it shouldn't be an issue. ATTORNEY LAPPER-You don't need to block a road when you're building. SUPERVISOR STROUGH-Are there any other conditions any member of the Town Board wishes to include as we consider these two resolutions applications for variances? COUNCILMAN MCNULTY-Another hand was raised. STEVE LAFLECHE-This is Steve LaFleche. I just wanted to clarify that Waters Edge Drive is our, is a private driveway. It's a right-of-way, it's not a Town road. SUPERVISOR STROUGH-Alright, the Town does not plow that road? MR. LAFLECHE-They do not plow that road. We plow the road. SUPERVISOR STROUGH-Alright, that's good to hear. MR. LAFLECHE-They plow the other side which could be confusing. Seelye Road North is a Town road, the other side of the lot. Regular Town Board Meeting, 02-26-2024, MTG 97 587 SUPERVISOR STROUGH-Okay, thank you. So a condition that Waters Edge Drive, which we now understand is a private drive will not be blocked at any time during the construction of the systems should the Town Board approve. Anything else Mr. LaFleche? Steve? MR. LAFLECHE-No,thank you. SUPERVISOR STROUGH-Just for additional clarification, Bob will you read to the Board what we're proposing as conditions in both of these resolutions, as additions for both of these resolutions? TOWN COUNSEL HAFNER-Yes. I would propose that it would be added right after the Resolved that defines the Enhanced Treatment Unit which is the third to last one. So these would go right after that. Resolved, that the ETU shall include an Ultraviolet Disinfection System added prior to discharge from the system and Resolved that Waters Edge Drive shall not be blocked during construction. Those are the two that you said. PUBLIC HEARING CLOSED RESOLUTION APPROVING DAVID AND THERESA RIES' APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 18,2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, David and Theresa Ries (Applicants) filed an application for variances from Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of an on-site subsurface wastewater treatment system, specifically a mounded soil absorption system,to be located on Applicants' property located at 8 Seelye Road North to serve both 8 Seelye Road North and 12 Seelye Road North in the Town of Queensbury,with the: 1. Groundwater table to be 6"below the ground surface in lieu of the required 3' below ground surface; 2. Fill or built-up system to be located 4' from the dwelling in lieu of the required 20' setback; and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, February 26 h, 2024, 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 Regular Town Board Meeting, 02-26-2024, MTG 97 588 RESOLVED,that 3. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 4. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of David and Theresa Ries for variances from the Sewage Disposal Ordinance for installation of an on-site subsurface wastewater treatment system, specifically a mounded soil absorption system,to be located on Applicants'property located at 8 Seelye Road North(Tax Map No.:227.17-1-24)to serve 8 Seelye Road North and property located at 12 Seelye Road North(Tax Map No.: 227.17-1-25) in the Town of Queensbury, with the: 1. Groundwater table to be 6"below the ground surface in lieu of the required 3' below ground surface; 2. Fill or built-up system to be located 4' from the dwelling in lieu of the required 20' setback; and BE IT FURTHER, RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and BE IT FURTHER, RESOLVED, that the ETU shall include an ultraviolet disinfection system added prior to discharge from the system and BE IT FURTHER, RESOLVED, that Water's Edge Drive shall not be blocked during construction, and BE IT FURTHER, Regular Town Board Meeting, 02-26-2024, MTG 97 589 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 26 h day of February, 2024, by the following vote: AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION APPROVING GERALDINE EBERLEIN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 19,2024 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, Geraldine Eberlein(Applicant) filed an application for variances from Town of Queensbury On-Site Sewage Disposal Ordinance Chapter 136 for installation of an on-site subsurface wastewater treatment system,specifically a mounded soil absorption system,to be located on 8 Seelye Road North to serve 8 Seelye Road North and Applicant's property located at 12 Seelye Road North in the Town of Queensbury,with the: 3. Groundwater table to be 6"below the ground surface in lieu of the required 3' below ground surface; 4. System to be placed on a neighboring property- identified as 8 Seelye Road North in accordance with: a) drawings prepared by Studio A Landscape Architecture dated 5/9/2023;and b)an Agreement between Applicant and David K. Ries and Theresa M. Ries dated September 7, 2023; both of which documents are part of variance application; and 5. Effluent line to be located 0' from the property line in lieu of the required 10' setback; and Regular Town Board Meeting, 02-26-2024, MTG 97 590 WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, February 26 h, 2024, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED,that 5. due to the nature of the variances,the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 6. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Geraldine Eberlein(Applicant) for variances from the Sewage Disposal Ordinance for installation of an on-site subsurface wastewater treatment system, specifically a mounded soil absorption system,to be located on 8 Seelye Road North(Tax Map No.: 227.17-1-24)to serve 8 Seelye Road North and Applicant's property located at 12 Seelye Road North(Tax Map No.: 227.17-1-25) in the Town of Queensbury, with the: 1. Groundwater table to be 6"below the ground surface in lieu of the required 3' below ground surface; 2. System to be placed on a neighboring property- identified as 8 Seeyle Road North in accordance with: a) drawings prepared by Studio A Landscape Architecture dated 5/9/2023;and b)an Agreement between Applicant and David K. Ries and Theresa M. Ries dated September 7, 2023; both of which documents are part of variance application; and 3. Effluent line to be located 0' from the property line in lieu of the required 10' setback; and Regular Town Board Meeting, 02-26-2024, MTG 97 591 BE IT FURTHER RESOLVED, that since the on-site subsurface wastewater treatment system will not be located on Applicant's property, a recorded Easement in form acceptable to the Town must be provided to the Town before a Certificate of Compliance will be issued, and BE IT FURTHER, RESOLVED, that the Enhanced Treatment Unit (ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and BE IT FURTHER, RESOLVED, that the ETU shall include an ultraviolet disinfection system added prior to discharge from the system and BE IT FURTHER, RESOLVED, that Water's Edge Drive shall not be blocked during construction, 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 26 h day of February, 2024, by the following vote: AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 20, 2024 Regular Town Board Meeting, 02-26-2024, MTG 97 592 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michael Dixon 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 261h day of February, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS (LIMIT—3 MINUTES) No Public Comment 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ADOPTION OF NEW FEE SCHEDULE FOR TOWN TRANSFER STATION(S) RESOLUTION NO.: 83,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Transfer Station Supervisor has recommended revisions to certain fees collected at the Town's Transfer Station(s) and the adoption of a new Fee Schedule, and WHEREAS,the Town Board has reviewed the proposed new Fee Schedule and concurs with such recommendations, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes revisions to certain fees collected at the Town's Transfer Station(s)and adoption of a new Fee Schedule for the Town Transfer Stations in substantially the following form: Regular Town Board Meeting, 02-26-2024, MTG 97 593 ------------------------------------------------------------------------------------------------------------------------- Transfer Station(s) Fee Schedule Item Proposed Fee • Household trash-0-16 gallon trash bag/container $3 each • Household trash- 17-48 gallon trash bag/container $5 each • Household trash-49-90 gallon trash bag/container $9 each • Mattress or Box Springs $ $20 each • Crib Mattress $ 8 each • Large 3 Person Sofa $20 eae $25 each • Sectional Sofa $15 per section • Love Seat $ $20 each • Large Chair $ $20 each • Misc. material $25 per cubic yard • Construction and Demolition(C&D) W $35 per cubic yard (One cubic yard max per load No large timbers, long boards, roofing or sheetrock; Larger loads of C&D should be taken to Ace Carting in Fort Ann or Hiram Hollow in Gansevoort) • Compost material(leaves, grass,pine needles) $ .50 per bag for 8 or more bags • Compost material(leaves, grass,pine needles) $ 4 per car or pickup truck load • Compost material(leaves, grass,pine needles) $15 per larger truck/trailer load (Plastic bags must be emptied out. No lumber or other trash in the compost pile) • Brush $15 per average pickup truck load • Brush $2-5$30 per larger truck/trailer load (No lumber or other trash in the brush pile) • Appliances containing refrigerant $20 each • Propane tanks $ 8 each • Car and pickup truck tires $ 7 each(off the rim) • Car and pickup truck tires $ 9 each(on the rim) • Electronic Waste (E Waste) Free **No Hazardous Waste (i.e., Paint, Stains and Automotive Fluids)** **All Loads Subject to Town Inspection** ------------------------------------------------------------------------------------------------------------------------- and BE IT FURTHER, RESOLVED,that the new Fee Schedule shall take effect as of April 1st, 2024, and BE IT FURTHER, Regular Town Board Meeting, 02-26-2024, MTG 97 594 RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Transfer Station Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the new fee schedule in substantially the form presented in the preambles of this Resolution. Duly adopted this 26 h day of February, 2024 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION APPROVING REPURCHASE OF CEMETERY LOTS FROM CONSTANCE BLACKBIRD AND CARRIE LACROSS RESOLUTION NO.: 84,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Cemetery Commission previously sold four (4) cemetery lots in the Pine View Cemetery in Uncas Plot, Deed Nos: 3321, 3318, 3298 and 3303 to Constance Blackbird and Ms. Blackbird has requested that the Cemetery Commission buy back such lots, and WHEREAS, the Cemetery Commission previously sold one (1) cemetery lot in Uncas Plot, Deed No: 3305 to Carrie LaCross and Ms. LaCross has requested that the Cemetery Commission buy back such lot, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended the repurchase of such lots and approval by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's repurchase o£ • four(4) cemetery lots in Uncas Plot, Deed Nos: 3321, 3318, 3298 and 3303, from Constance Blackbird for the total amount of$1,333.33, and • one(1) cemetery lot in Uncas Plot, Deed No: 3305, from Carrie LaCross for the total amount of$333.33; and Regular Town Board Meeting, 02-26-2024, MTG 97 595 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for payment of such amounts and properly account for the sales in the Town's books and records, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 26 h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF VACTOR COMBINATION VACUUM TRUCK FROM JOE JOHNSON EQUIPMENT, LLC FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 85, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the New York State Legislature adopted legislation allowing political subdivisions in New York State to "piggyback"off an existing County/State Bid and WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a Vactor 2100i Positive Displacement Combination Vacuum Truck(Truck) by the Town "piggybacking" with Joe Johnson Equipment, LLC, a participating member of the cooperative, municipal purchasing program Sourcewell, in accordance with Joe Johnson Equipment, LLC's February 15,2024 Quotation presented at this meeting for the total amount of$492,275.45 per Sourcewell Contract 4101221-VTR, 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 Regular Town Board Meeting, 02-26-2024, MTG 97 596 RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of a Vactor 2100i Positive Displacement Combination Vacuum Truck (Truck) by the Town "piggybacking" with Joe Johnson Equipment, LLC, a participating member of the cooperative, municipal purchasing program Sourcewell, in accordance with Joe Johnson Equipment, LLC's February 15, 2024 Quotation presented at this meeting for the total amount of$492,275.45 per Sourcewell Contract 4101221-VTR 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 - $492,275.45; • 004-0000-55031 Interfund Revenues - $492,275.45; • Heavy Equipment Account No.: 004-5130-2040 - $492,275.45; 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 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. Regular Town Board Meeting, 02-26-2024, MTG 97 597 Duly adopted this 261h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SARATOGA WARREN MUSICIANS PERFORMANCE AND SCHOLARSHIP FUND, INC. - GLENS FALLS CITY BAND - CITY PARK CONCERT SERIES RESOLUTION NO.: 86,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., working with the Glens Falls City Band,provides for weekly concerts to take place in the Glens Falls City Park during the months of June, July and/or August, thereby helping to promote the cultural development of the community, attracting many persons to the Queensbury area and providing an economic boon to the community, and WHEREAS, the Town Board wishes to provide funding to the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., in the amount of $7,350 with occupancy tax revenues received from Warren County and accordingly enter into an agreement with the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., for the year 2024 for the promotion of performances and events to Town residents, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Saratoga Warren Musicians Performance and Scholarship Fund, Inc., and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form Regular Town Board Meeting, 02-26-2024, MTG 97 598 presented at this meeting,with funding for the Agreement in the sum of$7,350 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $7,350; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,350; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon confirmation by the Town that unallocated occupancy tax funds are available from Warren County. Duly adopted this 26 h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF EVISION DIGITAL MARKETING, LLC FOR TOWN WEBSITE REDESIGN SERVICES RESOLUTION NO.: 87, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, by previous Resolutions, the Queensbury Town Board has authorized engagement of eVision Digital Marketing, LLC(eVision) for Town digital and website technology services, and WHEREAS, the Town Board wishes to engage eVision for the development and redesign of the Town's website for the amount of$18,810 in accordance with eVision's August 28, 2023 Proposal as such professional services are consistent with eVision's existing provision of digital marketing and website technology services and eVision has the skill, expertise and an established familiarity and comfort level with the Town, Regular Town Board Meeting, 02-26-2024, MTG 97 599 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the engagement of eVision Digital Marketing, LLC (eVision) for the development and redesign of the Town's website for the amount of$18,810 in accordance with eVision's August 28, 2023 Proposal presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such services shall be from Consultant Fees Account No.: 001-1680-4720, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to transfer $18,810 from the Town's Undesignated, Unassigned General Fund's Fund Balance Account No.: 00 1-0000-0909 to Consultant Fees Account No.: 001-1680-4720, amend the Town Budget, make any adjustments, transfers and/or prepare any documentation she deems necessary, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Proposal in substantially the form presented at this meeting and/or any other needed documentation and the Town Supervisor, and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 261h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None ORDER SETTING PUBLIC HEARING REGARDING PROPOSED EXTENSION #7 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 575 BAY ROAD PROPERTY RESOLUTION NO.: 88,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier Regular Town Board Meeting, 02-26-2024, MTG 97 600 WHEREAS, the Town of Queensbury wishes to consider an extension of its Greater Queensbury Consolidated Sanitary Sewer District to be known as Sanitary Sewer District Extension 47 (Extension 47)to serve 575 Bay Road in the Town of Queensbury, New York, such property consisting of two recently merged parcels (Tax Map Nos: 296.7-1-2 and 3)referred to as the "Property" on which Property a 76 unit apartment style multi-family building and associated work project including the sewer construction project/Extension 47 (Project) is proposed to be constructed by Schermerhorn Properties, LLC (Developer) in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report issued April 24, 2023 and revised February 15, 2024 has been prepared by Environmental Design Partnership, LLP (Map, Plan and Report) concerning proposed Extension 47 to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension 47, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, on October 24 h, 2023, the Town Planning Board, as Lead Agency, reviewed and conducted a State Environmental Quality Review Act(SEQRA)Review of the Project referred to as Planning Board Site Plan 61-2023 and Freshwater Wetlands 11-2023 Schermerhorn Construction, LLC, such Project being an Unlisted Action and granted a Negative Declaration, and WHEREAS, subsequently it was discovered that a variance will be required from the Town's Zoning Board of Appeals and on February 201h, 2024, the Town Planning Board considered the new information and the details requesting the variance and, after due consideration, readopted its Negative Declaration, and NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Extension 47 are as set forth in the Map, Plan and Report and as follows: Regular Town Board Meeting, 02-26-2024, MTG 97 601 SEWER SERVICE DISTRICT OVER ALL THOSE CERTAIN TRACTS, PIECES OR PARCELS OF LAND SITUATE in the Town of Queensbury, County of Warren, State of New York, lying along the westerly line of Bay Road (County Road No. 7) and being further bounded and described as follows: Beginning at the point of intersection of the westerly line of said Bay Road with the common division line of SBL4296.11-1-45 generally to the south and SBL#296.7-1-2 generally to the north; Thence along said common division line, in a general westerly direction to the easterly line of SBL4296.7-1-18; Thence along the common division line of said SBL4296.7-1-18 generally to the west and said SBL#296.7-1-2 generally to the east, in a general northerly direction to the point of intersection of said common division line with the southerly line of SBL4296.7-1-4; Thence along the common division line of said SBL4296.7-1-4 generally to the north and said SBL#296.7-1-2 and SBL#296.7-1-3 generally to the south, in a general easterly direction to the point of intersection of said common division line with the aforesaid westerly line of Bay Road; Thence along said westerly line of Bay Road, in a general southerly direction to the point or place of beginning. The above described Sewer Service District Extension is intended to include all of those parcels as contained within the above described area as shown on the Warren County Real Property Tax Map in the Town of Queensbury, NY and is not intended for the conveyance of Real Property. 2. The proposed Project along Bay Road will include two (2) duplex grinder pump stations that will serve the proposed building. These grinder pumps will discharge to approximately 750 linear feet(LF) of 1.5"PE low pressure force main that will convey the flows to the existing gravity main along the western side of Bay Road. The proposed tie-in to the existing gravity main along Bay Road will be made using a pre-cast cut in manhole located adjacent to the site entrance. 3. The estimated construction cost associated with the proposed Sanitary Sewer District Extension 47 is estimated to be approximately $187,612 to be paid for by Developer; therefore, the Town will incur no construction and/or capital costs associated with this Extension 47. The total one-time cost of hook-up and permit fees is estimated to be $42,862.24. Developer will be required to maintain all of its sewer infrastructure to the point of connection to the existing sewer main. No dedication of infrastructure will be necessary for this Extension 47. 4. The estimated annual cost of the Extension 47 to the developed Property would be calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also available on the Town of Queensbury Website: w.w.w..queensbury a. There is no "typical property" which is a one or two family home in such proposed District as the one commercial lot/subject Property is the only Property in this Extension 47 and the "typical property." The cost of operation and maintenance would include the costs to operate, maintain, and supply the sewer system and is reflected in sewer rent charges. Based on an estimated annual water usage of 6.29 million gallons per year and an existing operation and maintenance rate of$5.50 per 1,000 gallons, the use fee would be approximately $34,633 per year. Once accepted into the Greater Queensbury Consolidated Sanitary Sewer District,users are changed a Benefit Tax which is currently$21.9115 Regular Town Board Meeting, 02-26-2024, MTG 97 602 per unit. Each residential parcel with apartments has a property class of B1 with a Benefit Tax Unit of 1.0 per apartment unit. The property proposed to be added to the GQCSD will contain 76 apartment units and has a property class of B 1. Therefore,the total benefits tax units are 76. With an annual Benefit Tax of$29.21 per unit, the total annual recurring costs for the property would be $36,298.66 for the merged lot. 5. Developer will pay all costs of the improvements including the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. Developer will provide to the Planning Board the Deed of merger and real property forms in the form they shall require and shall provide proof of recording prior to hooking up to the Town's system. 6. A detailed explanation of how the estimated costs of the Extension 47 were computed is included in the Map,Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. The Town Planning Board, as Lead Agency, conducted SEQRA review of this Unlisted Action and granted a Negative Declaration on October 24, 2023. Since then, it was discovered that a variance by the Town Zoning Board of Appeals is required. The Town Planning Board considered the impact of this and again conducted SEQRA review of this Project including sewer construction at its February 20'', 2024 meeting and after due consideration, readopted its Negative Declaration. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, March 181h, 2024 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two(2)Affidavits of Publication of Notice and two(2)Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Duly adopted this 26 h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon Regular Town Board Meeting, 02-26-2024, MTG 97 603 NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR TREE REMOVAL WORK RESOLUTION NO.: 89,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to advertise for bids for certain tree removal work within the Town of Queensbury, including in the Pine View Cemetery, as will be set forth in bid specifications to be prepared by the Highway Superintendent, Cemetery Superintendent and/or Purchasing Agent, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s)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's Purchasing Agent to publish an advertisement for bids in the official newspaper for the Town of Queensbury for certain tree removal work within the Town, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all bids received,read the same aloud and record the bids as is customarily done and present the bids to the next regular or special meeting of the Town Board. Duly adopted this 26 h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 02272024 Regular Town Board Meeting, 02-26-2024, MTG 97 604 RESOLUTION NO.: 90,2024 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: 02272024 with a run date of 02/22/2024 and a payment date of 02/27/2024, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 02272024 with a run date of 02/22/2024 and a payment date of 02/27/2024 totaling $656,505.74, 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 26 h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION APPOINTING KIMBERLY BULLARD AND TOM UNCHER AS ALTERNATE MEMBERS OF TOWN PLANNING BOARD RESOLUTION NO.: 91,2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and WHEREAS,two (2)vacancies for alternate positions exist on the Planning Board, and WHEREAS, the Town Board wishes to appoint Kimberly Bullard and Tom Uncher to serve as alternate members of the Planning Board, Regular Town Board Meeting, 02-26-2024, MTG 97 605 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints Kimberly Bullard and Tom Uncher to serve as alternate members of the Queensbury Planning Board until such terms expire on December 31", 2030. Duly adopted this 26 h day of February, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None 4.0 CORRESPONDENCE TOWN CLERK BARBER-Received email correspondence from Susan Andrews commending Queensbury Water Department in their recent handling of water main break at corner of Glenwood Avenue and Bay Road. (on file in the Town Clerk's Office) 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) No Public Comment. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Referred to the Cannabis store that was operating illegally, it was visited and closed down. I was notified by the Sheriff s Department the next day they reopened under a new name in the same facility. Looking forward to discussions with the Town Board,Town Counsel and Craig Brown to discuss what actions we can take against that. It's not legal and should not be allowed. COUNCILMAN DIXON(WARD III) • Recognized the Water Department and noted that they are a 24 —7 operation and hope that people appreciate them as well as the DPW. Kudos to the Water Department for their efforts. • Congratulated John Strough regarding his recognition in the Glens Falls Business Journal as new trustee to the Warren County Historical Society. COUNCILMAN FREER(WARD II) • Referred to the Cannabis situation and agreed that the Town needs to come up with a plan to address those issues. • Announced an open house for the Comprehensive Land Use Plan this Thursday,the 29 h and urged residents to attend and participate as we move forward. COUNCILMAN METIVIER(WARD 1)—Nothing to report. Regular Town Board Meeting, 02-26-2024, MTG 97 606 SUPERVISOR STROUGH • Thanked Andrew Terry and his students for their involvement with the Syracuse University program, Introduction to Public Policy. They receive college credits for this and they were very interested in trying to address some problems in the community, both groups dealt with traffic management. One problem was the million dollar mile,the south bound traffic exiting to the Northway and the other area was in front of the school, especially during the time when school sessions end. Getting the students involved in a very meaningful way. • Referred to the recent announcement from AngioDynamics, a medical device industry that plan to close. Noted his dismay, and would like to hope we can do something to keep these industries to stay within our community. • Thanked Joel Barlow and Jesse Jackson for Look TV. Thanked Bob Hafner, our Town Counsel, Town Clerk Caroline Barber, Town Board, and everybody thank you for attending. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 92,2024 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michael Dixon RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 26th day of February,2024,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