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06-17-2024 MTG #19 Regular Town Board Meeting, 06-17-2024, MTG 919 189 REGULAR TOWN BOARD MEETING MTG #19 JUNE 171h, 2024 RES #229-247 7:00 P.M. BOH #56-60 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN MICHAEL DIXON COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ PRESS LOOK TV SUPERVISOR STROUGH called meeting to order... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MICHAEL DIXON PRESENTATION SUPERVISOR STROUGH introduced Ben Driscoll, The Nutrition Outreach and Education Program Coordinator for Catholic Charities who gave a presentation regarding the Supplemental Nutrition Assistance Program (SNAP). SUPERVISOR STROUGH-Well, thank you. I think your presentation is very helpful and again, thank you. 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 229, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 17'h day of June, 2024 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None Regular Town Board Meeting, 06-17-2024, MTG 919 190 SUPERVISOR STROUGH noted that Board of Health Resolution 1.3, `RESOLUTION GRANTING ALAN ADAMS AN EXTENSION OF TIME TO COMPLETE A NEW CODE COMPLIANT SEWAGE DISPOSAL SYSTEM ON PROPERTY LOCATER AT 37 BIRCH ROAD' is being pulled because the applicant is not ready at this time to move forward. 1.1 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF ONEIDA CHURCH Publication Date: June 8, 2024 SUPERVISOR STROUGH reviewed the proposed sewage variance application and the variances being requested. An agent for the Church is with us so if you please introduce yourself and expand on anything that I described about this particular application. DWIGHT ILSLEY- My name is Dwight Ilsley, and I am one of the Trustees with Oneida Community Church and I have been working with John O'Brien of Town Office's Code Enforcement and we have submitted this. We have an existing septic system, it's a well that we are looking to put in place, which I'm told is a little bit unusual. Usually, they're, they have the well in place and they're looking to have a variance for a septic system. We're doing it the other way around. SUPERVISOR STROUGH-Okay questions of the applicant? COUNCILMAN MCNULTY-No SUPERVISOR STROUGH-Alright, we have a Public Hearing on this tonight so let me see if there is any member of the Public that wants to come forward, if they do, I'll ask you to sit down for a minute. MR. ILSLEY-Okay. SUPERVISOR STROUGH-and let them say their. MR. ILSLEY-Certainly. SUPERVISOR STROUGH-what they're going to say, and I may call you back because I may have questions for you because the questions they have asked. MR. ILSLEY-want me to get up now? SUPERVISOR STROUGH-No you can stay there. I just, is there any member of the public present who wishes to, I'll open the Public Hearing, that wishes to speak to Oneida Community Church's application for a variance from the well location from the septic tank adjacent to them and their own septic system. COUNCILMAN MCNULTY-No one in TV land. SUPERVISOR STROUGH-No one, no attendees, nobody here. Okay, I'll close the Public Hearing. Any thoughts from Town Board? Hearing none, how about a motion to approve. PUBLIC HEARING CLOSED RESOLUTION APPROVING ONEIDA COMMUNITY CHURCH'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 56,2023 Regular Town Board Meeting, 06-17-2024, MTG 919 191 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michael Dixon WHEREAS, the Oneida Community Church filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new well on property located at 197 Sunnyside Road in the Town with the proposed well to be located: 1. 68' from the existing absorption field instead of the required 100' separation setback; and 2. 32' from the neighboring septic tank instead of the required 50' separation 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, June 17'', 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 Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of the Oneida Community Church for variances from the Sewage Disposal Ordinance to install a new well to be located: 1. 68' from the existing absorption field instead of the required 100' separation setback; and 2. 32' from the neighboring septic tank instead of the required 50' separation setback; Regular Town Board Meeting, 06-17-2024, MTG 919 192 on property located at 197 Sunnyside Road in the Town of Queensbury and bearing Tax Map No: 279.18-1-5. Duly adopted this 17�'day of June, 2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None 1.2 PUBLIC HEARING—SEWAGE DISPOSAL VARIANCE APPLICATION OF BRUCE AND JOY CHECKLA SUPERVISOR STROUGH reviewed the proposed sewage variance application and the five variances being requested. Alright, so who do we have before us? Please introduce yourselves and feel free to elaborate on anything I just said. TOM HUTCHINS-Okay, good evening, Board I'm Tom Hutchins, Hutchins Engineers with owner applicant Bruce Checkla. We looked at this today. Again, the field, field itself meets all the property line setbacks. There is a seasonal high groundwater issue here that in order to maintain that 3-foot separation we have to build up a little bit. We're building up approximately one and a half to two feet and when we taper that filled material out, according to code, we measured from the bottom of that taper area. Which is why we're asking for property line setbacks. Additionally, Bruce has a well. It's in the far side of his property and it's as far away from this field as it can be, but it's, and that distance is 76 feet. So, he has the water treatment system with disinfection and we're, we're putting in a somewhat Enhanced Treatment System for wastewater. It's a vast, vast, vast, vast improvement over what currently exists, and we seek your support and Bruce, if you want to add anything. SUPERVISOR STROUGH-And the, the filtration bed is an Eljen System. MR. HUTCHINS-Correct. SUPERVISOR STROUGH-Which is an Enhanced Treatment. MR. HUTCHINS-Correct. SUPERVISOR STROUGH-And then I think it's NSB40, but just. MR. HUTCHINS-In certain configurations it's an NSB40 yes. SUPERVISOR STROUGH-Yes, yes, yes, so. Alright, any questions from the Board before I open the Public Hearing? Hearing none, I'll open the public hearing. Any member of the public wish to speak to Bruce and Joy Checkla's variance request for the new septic system. Yes, ma'am or sir. If you'll sit down for a minute and I may ask you to come back up if I have questions. You have to come forward sir. TOM KOLECI-Oh, Okay. SUPERVISOR STROUGH-Yes, we have to record this and there's what, I suppose we could bring the microphone back to you. But and if you'll speak in the MIC and introduce yourselves. MR. T. KOLECI-Oh Okay. Can you hear me, okay? SUPERVISOR STROUGH-Yes. Regular Town Board Meeting, 06-17-2024, MTG 919 193 MR. T. KOLECI-Okay. I'm Tom Koleci, this is my son, Vasil, and we've been long time neighbors up there in Cleverdale and with respect to the project that's going on right now, there's radical changes in the elevations abutting the building that's creating a very wet area on our side of the property. SUPERVISOR STROUGH-Now, what side are you on, Mr. Celeste or Celesti? VASIL KOLECI-Koleci. MR. T. KOLECI-Koleci. SUPERVISOR STROUGH-Will you spell that for me? MR. T. KOLECI-K.O.L.E.C.I. SUPERVISOR STROUGH-K.O.L.E.C.I. MR. T. KOLECI- Right. SUPERVISOR STROUGH-Okay, Betty. DEPUTY TOWN CLERK MURPHY-I got it. SUPERVISOR STROUGH-Mr. Koleci, is, what side of the building are we looking at North? Are you north of the owner, of the applicant? MR. V. KOLECI-It's the east side. COUNCILMAN METIVIER-Yes. MR.T. KOLECI-On the east side. MR. V. KOLECI-East side. COUNCILMAN MCNULTY-Well, you're on Cleverdale Road correct? MR. V. KOLECI-Correct. MR. T. KOLECI-Yes. COUNCILMAN MCNULTY-So it's not the existing, it's not his field that has the elevation. It's the neighbors that you're talking about. MR. T. KOLECI-No, it's a neighbor of his. COUNCILMAN MCNULTY-Correct. MR. T. KOLECI-that's got the elevation, not ours. COUNCILMAN MCNULTY-Correct. MR. T. KOLECI-Okay, which was. COUNCILMAN MCNULTY-So it's not his it, it's the, I guess you have an issue with wet ground based on the existing elevation. MR. T. KOLECI-Well, yes, a coherent area that never really dries out. Okay. But it is there. COUNCILMAN MCNULTY-Okay. MR. T. KOLECI-I mean, even with the bare eye, there's a radical difference in the elevations of the earth there. As during building new construction, replacing old building, a, a lot of the Regular Town Board Meeting, 06-17-2024, MTG 919 194 backfilling was greatly increased around some of these structures to get it up a little bit and this is where a lot of the problem comes from. There's absolutely nothing natural that's aiding the evaporation of the moisture. COUNCILMAN MCNULTY-But but your, your residence is behind his neighbor's property, correct? It's not. MR. T. KOLECI-No, it's behind his. MR. V. KOLECI-No. COUNCILMAN METIVIER-No. COUNCILMAN MCNULTY-But his doesn't, he doesn't have the elevation. He hasn't raised his bed yet. MR. T. KOLECI-No, he has elevation. COUNCILMAN METIVIER-No. He's, he's... MR. T. KOLECI-Because it's all backfilled up against the foundation. COUNCILMAN METIVIER-No it's not. That is not correct. SUPERVISOR STROUGH-Well this, this hearing is on the. MR. T. KOLECI-The septic system. SUPERVISOR STROUGH-Yes. MR. T. KOLECI-I understand that very clearly. SUPERVISOR STROUGH-Okay, Alright. MR. T. KOLECI-And I know you know the leach fields and the various types. MR. V. KOLECI-Where the elevation is on septic, the existing system. That is quite a bit higher right now than the joining neighboring properties. To the fact that there's actually depression in the land between the adjoining properties where water does collect there. And it's actually creating a runoff problem for, you know, both our residents and the residents north of us. MR. T. KOLECI-Adjacent, yes. MR. V. KOLECI-Where they're actually having to put in two sump pumps in their basement, to pump out water. SUPERVISOR STROUGH-Is this stormwater problem being caused by this particular property? Or just the general situation, because the water table is high where you are. The water table is like 30 inches below the ground surface. And that's one of the reasons if you're going to put a septic system in you have to elevate it because we require at least three feet of infiltration before it hits the groundwater. MR. V. KOLECI-Right, but then the runoff of those systems where you have. SUPERVISOR STROUGH-Well, we could talk about the runoff, and I'll ask the applicant if they perceive that as a problem and if they think that might be a problem what could they do to remedy it. I can ask them about that, if this particular mounding is going to cause that. MR. V. KOLECI-Right. I mean that's, that's our concern. MR. T. KOLECI-That's the only concern. Well, one of the concerns. Regular Town Board Meeting, 06-17-2024, MTG 919 195 SUPERVISOR STROUGH-All right, so. MR. T. KOLECI-That's the important one. SUPERVISOR STROUGH-All right, so we have, is it Tom Koleci? MR. T. KOLECI-Tom, yes. SUPERVISOR STROUGH-and MR. V. KOLECI-Vasil. V.A.S.LL. SUPERVISOR STROUGH-G.A.S. MR. T. and V. KOLECI- V, V.A.S.LL. SUPERVISOR STROUGH-Oh okay, I'm glad I asked you to spell it. Alright. MR. V. KOLECI-I'll quiz you on that later. SUPERVISOR STROUGH-Well, Betty, who is the Deputy Town Clerk, finds it very helpful if I ask. MR. V. KOLECI-Yes that's ok I appreciate it. SUPERVISOR STROUGH-Not in that my hearings not all that good either. MR. T. KOLECI-May I add one thing? You know. SUPERVISOR STROUGH-Sure. MR. T KOLECI-And something as sensitive as what we're trying to discuss right now, okay, I think a given illustration okay. It doesn't have to be to scale or on a screen or anything, but at least something where some of the stuff would show up to the eye. SUPERVISOR STROUGH-You want. MR. T. KOLECI-We have no idea of cross-sectional materials in the ground. The piping, I mean this is all instrumental in creating drainage and evaporation, right, fluid. SUPERVISOR STROUGH-Would you want a copy? MR. T. KOLECI-I'd love a copy of the plans sure because. SUPERVISOR STROUGH-I'll give you, I'll give it to your son. MR. T. KOLECI-Yes, I'm 87 years old. You know I can't jump on a bicycle and run out. SUPERVISOR STROUGH-Well you know, I mean. MR. V. KOLECI- Thank you. SUPERVISOR STROUGH-You know, I've done this for 20 years. This is a fairly good design given the parcels. MR. T. KOLECI-All the parcel that, yes. SUPERVISOR STROUGH-The the size of the parcel and the congruence of the parcel and, and it's on a cesspool now and this is going to be much improved. We just want to make sure that doesn't cause any stormwater to flow on your property. MR.V. KOLECI-Correct. That's the big thing. Regular Town Board Meeting, 06-17-2024, MTG 919 196 MR. T. KOLECI-Yes, we don't want. SUPERVISOR STROUGH-We don't want that. MR. T. KOLECI-Correct. MR. V. KOLECI-It's just the runoff. That's our primary concern. SUPERVISOR STROUGH-All right. And that I'm going to ask the applicant about when you're done sharing your thoughts. MR. V. KOLECI-Sure, yes. We're all for making the environment better putting these systems, and we're all for it, but we just want to make sure that the runoff because of the, you know, 30- degree pitch on these when they taper off to the property lines that they don't cause any kind of run off. I know, I work in the weather business. I know about runoff, and I can tell you. SUPERVISOR STROUGH-Well, and you know it's getting worse and worse. MR. V. KOLECI-Well, worse and worse and the flooding is becoming a primary concern in that area. SUPERVISOR STROUGH-I'll see what we can do for you. MR. V. KOLECI-Yes. So, I appreciate that. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-But John, I think it's also important to note that the system in there that they currently have has failed an inspection. MR. V. KOLECI-Correct. COUNCILMAN MCNULTY-So it needs to be it needs to be, it needs to fix. MR. V. KOLECI-Correct. COUNCILMAN MCNULTY-The fix that the engineers put together with the enhanced systems is going to clean, clean, clean what's in that bed will be a cleaner. For now. I don't think that's your concern. MR. V. KOLECI-No. COUNCILMAN MCNULTY-It's the runoff. MR. V. KOLECI-Correct. COUNCILMAN MCNUTY-Which they're going to address now. MR. V. KOLECI-Correct, the runoffs there. COUNCILMAN MCNULTY-But it's a better system that will also, your concern about the environment. MR. V. KOLECI-Well, that's, I think all around. I think the environment is good. That's great that the Town's doing this for the septic systems because...I believe a lot of the systems in the ground right now but you know, oil tanks, rock beds, whatever, but I think that 30' when it does come to the property line, it doesn't sound bad, but we just want to make sure that there's water mitigation and that the adjacent properties aren't getting flooded with the runoff of the stormwater. Because we do get, you know, 100 year flooding events now where we do pick up five to 10 inches of rain and I can tell you that the rainfall rates and you know when you start getting you know two inches in an hour that does cause flash flooding and they're becoming Regular Town Board Meeting, 06-17-2024, MTG 919 197 more of the norm in today's environment, you know, so we got to be careful of that when we're, you know, looking at storm mitigation. SUPERVISOR STROUGH-Yes, yes, I agree. COUNCILMAN DIXON-What was your, what was your house number? COUNCILMAN MCNULTY-It's 315. MR. V. KOLECI-315. COUNCILMAN DIXON-315 Thank you. SUPERVISOR STROUGH-Any other questions for the neighbors of the applicant while they're up? MR. T. KOLECI-No. SUPERVISOR STROUGH-Alright. So, anything else? MR. T. KOLECI-Yeah, I think when you're bringing something like this up and everything is close quarters up there in Cleverdale and it's nice if they had, while you're explaining it, a presentation on the screen. Where it may be a cross section and showing some of the elevations and which would indicate you figure, the pitch of the material. And we don't want to change the contour of the land on Cleverdale Road or Lackey Road either, you know. And there's nothing to see but this, this will clarify it. COUNCILMAN FREER-Yes, that, that they, they are available right, at the Town that the information is available. MR. T. KOLECI-It is? COUNCILMAN FREER-Right, it's not, we don't have it on the screen. SUPERVISOR STROUGH-It's available online. COUNCILMAN FREER-Yes. So. SUPERVISOR STROUGH-But you can, you know, I read that I'm familiar with it. MR. V. KOLECI-Sure. SUPERVISOR STROUGH-And if I need to borrow one, I can borrow one of theirs. But that's for you. MR. V. KOLECI-Thank you. MR. T. KOLECI-And we're talking 10 foot to two foot. SUPERVISOR STROUGH-Okay. MR. V. KOLECI-I just think if you look at the land away over the years, how it's kind of you have a lot of erosion in that area now and I think you're seeing a lot of erosion is because the property adjacent to the Checkla residence, they actually put one of those raised Eljen bed systems where it went quite a bit up in elevation. So you know it's going to cause some erosion in low lying areas. SUPERVISOR STROUGH-Yes this is going up a foot and a half. MR. T. KOLECI-Yes, that they didn't fill in any favor that big raised humungous bed back there. COUNCILMAN FREER-Let's let the engineers talk to that. Regular Town Board Meeting, 06-17-2024, MTG 919 198 MR. V. KOLECI- Sure, yes. SUPERVISOR STROUGH-Yes. COUNCILMAN FREER-Talk to that, thank you. MR. V. KOLECI-Appreciate the time... SUPERVISOR STROUGH-Yes, yes. Well, thank you for coming in and sharing your thoughts. Is there anything? Okay. MR. V. KOLECI-Thank you. SUPERVISOR STROUGH-Yes, thank you. MR. T. KOLECI-Okay. Thank you. SUPERVISOR STROUGH-Yes. MR. T. KOLECI-And I'd like to say we're still all friends. I got an old voice, and it doesn't sound very good though, right? SUPERVISOR STROUGH-You did well. Any other member of the public wish to speak to this application for Bruce and Joy Checkla? Seeing none I'll close the public hearing. Will the applicant and the applicant's agent please return to the table. Alright, so the only issue they're worrying about is that the creation of the mound is going to send more stormwater their way, but they haven't had a chance to look at the plans. So, I gave them my copy. But how do you respond to that, to that concern? MR. HUTCHINS-So yes, yes, I'll go through this. Again, what the applicants are faced with is they failed an inspection. A mandated inspection from the Lake George Park Commission and they're told replace your absorption filed. We have to do that. We have to replace that absorption field in as compliant of a manner as we can. If we could replace it in a fully compliant manner, we wouldn't be here with you folks tonight. As a function of the lot size, the, the, the soils on the lower end of Cleverdale, particularly when you get down a foot or two, they're very silty. They do not infiltrate and in a high rainfall amount or stormwater event, the soils in particularly the southern end of Cleverdale do not infiltrate a lot of runoff, and there is a runoff issue. Bruce has a runoff issue, and you look at that parcel to the West of him. BRUCE CHECKLA-To the north they built up and now. SUPERVISOR STROUGH-Yes, and I'm, I, I know you have to do a, a mounding of some kind to meet. MR. HUTCHINS-And and when we use fill, we use, we use granular sand fill. SUPERVISOR STROUGH-Yes. MR. HUTCHINS-That, that is more permeable than the material that's there. So theoretically if you look at a runoff curve from the material that's there versus what we're going to put in. Less would run off what we're going to put in. Now that's, that's probably that's, that's probably inconsequential, because the big runoff problems comes from, from the hard areas, the paved areas which runs on to the non-paved areas which runs across somebody's yard to somebody else's yard. SUPERVISOR STROUGH-So this, this mounding system is not going to. MR. HUTCHINS-We're not going to increase runoff from this parcel by, by installing this system no. Regular Town Board Meeting, 06-17-2024, MTG 919 199 MR. CHECKLA-I was going to say that we currently, I mean since the 90's, our property is a little higher than theirs. You know, which might be causing some of the issues I have today, but where the, where the, and by the way we are good friends with the Kolecis. SUPERVISOR STROUGH-Alright so Bruce Checkla is the one talking, MR. CHECKLA-Yes. SUPERVISOR STROUGH-So. MR. CHECKLA-Where the, where this absorption field is going though, is behind our house. That's not. COUNCILMAN MCNULTY-That's lower ground compared to, compared to... MR. CHECKLA-Yes, yes, it's lower ground and it's not adjacent to them. It's adjacent to the next property. SUPERVISOR STROUGH-All right, so. MR. HUTCHINS-And the property to the north does have a, does have a... MR. CHECKLA-But we are higher than them. SUPERVISOR STROUGH-During a big rain event. Is there any water that is flowing from your property on to theirs? MR. CHECKLA-Not that, not that I know of. But we are getting a lot of water from the property to the north to ours, from the, from the system they put in. SUPERVISOR STROUGH-Yeah. OK. So, well. MR. HUTCHINS-And then you have another one on later tonight, which is the other adjoining property. That you're setting the public hearing for. SUPERVISOR STROUGH-Oh okay. COUNCILMAN FREER-Tom did you do the one that's, that was raised there to the north? MR. HUTCHINS-I did. We did the one to the North several years ago, yes. COUNCILMAN FREER-But that's not a, that's not an Eljen System. MR. HUTCHINS-That's a. That's a stone bed. COUNCILMAN FREER-Okay MR. HUTCHINS-There were no variances there. There's a little more room. It didn't have to come up to hold separation but yes, yes, to answer your question, we did it. No, it's not the exact same system as this one. SUPERVISOR STROUGH-So in your opinion, yes, there is mounding, but the mound and the system is more permeable than what's there which is less likely to create sheet flow that would go elsewhere. MR. HUTCHINS-The material is more permittable and the, the I mean, you have two things that create the runoff, that contribute to runoff the permeability of this material and its slope of the material. SUPERVISOR STROUGH-Yes. Regular Town Board Meeting, 06-17-2024, MTG 919 200 MR. HUTCHINS-Are we increasing the slope back there? Yes. Why are we doing that? Because we have to meet a mandated separation to your groundwater table. I mean, I think I, I think we've minimized it and I, I, again, I would refer you to the one just to the north, I mean that's the look, we should anticipate for this. SUPERVISOR STROUGH-Yes, I don't have a problem with the look. It's just, you know, if I don't think Bruce and what he's doing to enjoy his property wants to make his neighbor. MR. CHECKLA-No. SUPERVISOR STROUGH-Unhappy because of stormwater that has been created from your property. MR. CHECKLA-Right. SUPERVISOR STROUGH-And you don't want that. We don't want that. MR. CHECKLA-Right. SUPERVISOR STROUGH-But we're here to look just at the mounded system and it doesn't appear with the permeability and the one and a half to two-foot height that, that would contribute to a stormwater flow to your neighbor to the east, so I don't know Town Board any thoughts? Okay. COUNCILMAN METIVIER-I'm fine with it. I, I. COUNCILMAN DIXON-I wish there were more options. MR. HUTCHINS-Yes. COUNCILMAN DIXON-I mean if you did like a rain garden, anything in there? I mean, is it going to be significant enough to make a difference? Something to redirect the water. MR. HUTCHINS-I mean, there's, there's, there a lot of the runoff issue is coming from the adjoining asphalt. Okay. To both to the West and to the South. Really, we don't have room to put a, to put a stormwater device back there that's, that's that, that can be effective in any way as I see it. There is a large storm, stormwater area that we saw where we walked through and I don't remember who tripped on it, but somebody did. COUNCILMAN METIVIER-That was me. MR. HUTCHINS-And that that's a pond in the Spring. COUNCILMAN METIVIER-Yes. MR. HUTCHINS-After a big rain event. MR. CHECKLA-Yes. COUNCILMAN METIVIER-Yes. MR. HUTCHINS-I mean and that's, that's. COUNCILMAN MCNULTY-That's what it's there for. MR. HUTCHINS-But that's there. COUNCILMAN MCNULTY-What it's there for. MR. HUTCHINS-Yes, but that's that large asphalt area to the West of Bruce. So, I mean, we're really maximizing the space in, in, in the back here to install this field. I can't say we have Regular Town Board Meeting, 06-17-2024, MTG 919 201 minimized the height of this field to, to be compliant with our with our mandated separation, but we've kept it as low as we can. SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-And it's lower ground back there. MR. HUTCHINS-And it's lower. COUNCILMAN MCNULTY-Lower than in front of the house. MR. HUTCHINS-Yes. COUNCILMAN MCNULTY-John, I'm fine with,with the steps they've taken. SUPERVISOR STROUGH-Alright so. Bruce, if you notice it causes a problem, I'll take you at your word that you will try and work with your neighbor. MR. CHECKLA-We'll do the best we can. SUPERVISOR STROUGH-To do something about it. OK, alright, because. MR. CHECKLA-Yes, absolutely. SUPERVISOR STROUGH-We can't go beyond the system itself, and that's what we're looking at and the other issues we can't do anything about other than, now you, you are aware of your good friend and neighbor and now they're a little bit worried about the additional stormwater. MR. CHECKLA-Yes. SUPERVISOR STROUGH-We don't think, and what I'm hearing is we don't think that the creation of this system is going to contribute to that, but we want to have eyes out there taking a look at things as we go forward, and I think you'd be a good neighbor to Mr. Kochelci, Koleski, Koleci.... MR. CHECKLA-Koleci. SUPERVISOR STROUGH-Koleci. MR. V. KOLECI-You're all close. SUPERVISOR STROUGH-I got it on the fourth time. Alright. So, I think that's about what we can do. So, I'll close the public hearing again. I guess I did that already, Betty tries to keep track of me, and I'll entertain a motion to approve Bruce and Joy Checkla's application. PUBLIC HEARING CLOSED RESOLUTION APPROVING BRUCE AND JOY CHECKLA'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 57,2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 06-17-2024, MTG 919 202 WHEREAS, Bruce and Joy Checkla (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a new septic system with certain of its components to be located as follows: 1. absorption field to be located 74' from the onsite well in lieu of the required 100' setback; 2. absorption field tapers to be located 3' from the north property line in lieu of the required 10' setback; 3. absorption field tapers to be located 2' from the west property line in lieu of the required 10' setback; 4. absorption field tapers to be located 2' from the east property line in lieu of the required 10' setback; and 5. absorption field tapers to be located 68' from the well in lieu of the required 100' setback; on property located at 3 Lackey Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, June 17'', 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 Bruce and Joy Checkla for variances from the Sewage Disposal Ordinance to install a new septic system with certain of its components to be located as follows: 1. absorption field to be located 74' from the onsite well in lieu of the required 100' Regular Town Board Meeting, 06-17-2024, MTG 919 203 setback; 2. absorption field tapers to be located 3' from the north property line in lieu of the required 10' setback; 3. absorption field tapers to be located 2' from the west property line in lieu of the required 10' setback; 4. absorption field tapers to be located 2' from the east property line in lieu of the required 10' setback; and 5. absorption field tapers to be located 68' from the well in lieu of the required 100' setback; on property located at 3 Lackey Road in the Town of Queensbury and bearing Tax Map No: 226.12- 1-28, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward 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 17'h day of June, 2024,by the following vote: AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF GREG REISCH RESOLUTION NO.: BOH 58,2024 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and Regular Town Board Meeting, 06-17-2024, MTG 919 204 WHEREAS, Greg Reisch(Applicant)has applied to the Local Board of Health for variances from Chapter 136 to install a replacement on-site sewage disposal system with certain of its components to be located as follows: 1. Septic tank 5' from the residence in lieu of the required 10' setback; 2. Disposal field 10' from the residence in lieu of the required 20' setback; 3. Disposal field 5' from the north and west property lines in lieu of the required 10' setback(s); and 4. Disposal field 78' from the neighboring well in lieu of the required 100' setback; on property located at 317 Cleverdale Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, July 1", 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Greg Reisch's sewage disposal variance application concerning property located at 317 Cleverdale Road in the Town of Queensbury (Tax Map No.: 226.12-1-32) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 17'h day of June, 2024,by the following vote: AYES Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF ADAM AND TRYNTZE CONWAY RESOLUTION NO.: BOH 59,2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, 06-17-2024, MTG 919 205 WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Adam and Tryntze Conway (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install a replacement on-site wastewater system with certain of its components to be located as follows: 1. Pump station 23' from the onsite well in lieu of the required 50' setback; 2. Pump station 3' from the house in lieu of the required 10' setback; 3. Pump Station 3' from the south property line in lieu of the required 10' setback; 4. Force main 21' from the onsite well in lieu of the required 50' setback; and 5. Force main 5' from the south property line in lieu of the required 10' setback; on property located at 74 Reardon Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, July 1", 2024 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Adam and Tryntze Conway's sewage disposal variance application concerning property located at 74 Reardon Road in the Town of Queensbury(Tax Map No.: 289.11- 1-36) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 17'h day of June, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 60, 2024 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION Regular Town Board Meeting, 06-17-2024, MTG 919 206 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 17'h day of June, 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 HIRING OF TEMPORARY, SEASONAL LABORERS TO WORK AT TOWN CEMETERIES RESOLUTION NO.: 230, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury's Cemetery Superintendent has requested Town Board authorization to hire Temporary, Seasonal Laborers for the Cemetery Department as follows: • Jaydon Brunelle,Dillion Brunelle and Julian Gamache,III to work for up to 10 weeks not to exceed 40 hours per week; and • Brayden Shattuck to work for up to five (5)weeks not to exceed 40 hours per week; and WHEREAS, Town Policy requires that familial relationships must be disclosed and the Town Board must approve the appointment of Town employees' relatives and Jaydon and Dillion Brunelle are sons of Laborer Michael Brunelle, and Julian Gamache, III is the son of Working Supervisor Julian Gamache in the Town Cemetery Department, and WHEREAS, funds for such positions have been budgeted for in the Town Budget, and NOW, THEREFORE, BE IT Regular Town Board Meeting, 06-17-2024, MTG 919 207 RESOLVED,that the Queensbury Town Board hereby authorizes and directs the hiring of • Jaydon Brunelle,Dillion Brunelle and Julian Gamache,III to work for up to 10 weeks not to exceed 40 hours per week; and • Brayden Shattuck to work for up to five (5)weeks not to exceed 40 hours per week; and for the Cemetery Department commencing on or about June 181', 2024, subject to the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and/or drug and/or alcohol screenings and shall be paid$16 per hour in accordance with Town Board Resolution No.: 444, 2023, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor, Cemetery 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 17'h day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING HIGHWAY DEPARTMENT'S PURCHASE OF BITUMINOUS CONCRETE/PAVING MATERIALS FROM PECKHAM COMPANIES RESOLUTION NO.: 231, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 of Queensbury's Highway Superintendent has requested Town Board approval to purchase bituminous concrete/paving materials from Peckham Companies (Peckham)by the Town "piggybacking"with Warren County in accordance with Warren County Bid#WC 18-24 Bituminous Concrete as set forth in the Warren County Bid Tabulation Sheets dated March 12, 2024 presented at this meeting, and Regular Town Board Meeting, 06-17-2024, MTG 919 208 WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Town Highway Superintendent's purchase of bituminous concrete/paving materials from Peckham by the Town "piggybacking" with Warren County in accordance with Warren County Bid #WC 18-24 Bituminous Concrete as set forth in the Warren County Bid Tabulation Sheets dated March 12, 2024 presented at this meeting up to a total purchase amount of$833,370.79, to be paid for from Chips Capital Construction, Account No.: 004-5112-2899, and BE IT FURTHER RESOLVED, that the Town Board further authorizes and directs Town Budget Officer to increase revenues in Chips Revenue Account No.: 004-0000-53501 by $333,370.79, increase Chips Capital Construction Account No.: 004-5112-2899 by $333,370.79, amend the Town Budget, make any adjustments and/or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor,Highway Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 17t'day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WORLD AWARENESS CHILDREN'S MUSEUM RESOLUTION NO.: 232, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 Regular Town Board Meeting, 06-17-2024, MTG 919 209 and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide $11,070 in funding to the World Awareness Children's Museum with occupancy tax revenues received from Warren County and accordingly enter into a 2024 Agreement with the Museum for the promotion of performances and events to Town residents and the surrounding communities, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2024 Agreement between the Town and the World Awareness Children's Museum and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting,with funding not to exceed$11,070 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 $11,070; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $11,070; 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 17'h day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE AND INSTALLATION OF REPLACEMENT A/C SYSTEM AT STATE POLICE BARRACKS RESOLUTION NO.: 233, 2024 Regular Town Board Meeting, 06-17-2024, MTG 919 210 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury's Facilities Manager has advised that it is necessary to purchase and install a replacement air-conditioning system at the State Police Barracks located on Aviation Road, and WHEREAS, the Facilities Manager requested quotes for such purchase and the lowest received quote is from Northern Mechanical Services in the amount of$9,770, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the purchase and installation of a replacement air-conditioning system at the State Police Barracks on Aviation Road from Northern Mechanical Services in the amount of$9,770 in accordance with Northern Mechanical Services' Proposal substantially in the form presented at this meeting, to be paid for from Building Repairs Account No.: 001-1620-4070-0028, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget by transferring $9,770 from General Fund Unappropriated Undesignated Fund Balance Account No.: 001-0000-0909 to Building Repairs Account No.: 001-1620-4070-0028 and make any other adjustments, budget amendments or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Supervisor to sign the Proposal and/or any other needed documentation, and the Town Supervisor, Deputy Supervisor, Facilities Manager and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 17t'day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 06-17-2024, MTG 919 211 RESOLUTION AUTHORIZING ROLLER RENTAL FROM STEPHENSON EQUIPMENT, INC. FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 234, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to rent a roller from Stephenson Equipment, Inc. for five (5) months for $3,400 per month ($17,000 total) in accordance with New York State OGS Contract No.: PS69119, and WHEREAS,the Town Board has considered this request, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Town Highway Superintendent's rental of a roller from Stephenson Equipment, Inc., for five (5) months for $3,400 per month($17,000 total)in accordance with New York State OGS Contract No.:PS69119 to be paid for from Account No.: 004-5110-4620, and authorizes the Town Supervisor/Deputy Town Supervisor, Town Highway Superintendent and/or Budget Officer to any actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of June, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND TRI-COUNTY LITERACY CENTER, INC. RESOLUTION NO.: 235, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to the Town to provide remedial reading services to Town of Queensbury adult residents with reading difficulties and therefore wishes to enter into an agreement with Tri-County Literacy, Center,Inc.,for the provision of these services, and Regular Town Board Meeting, 06-17-2024, MTG 919 212 WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Agreement between the Town and Tri-County Literacy Center, Inc. for the year 2024 with funding for the Agreement not exceeding the sum of $7,500 and authorizes and directs the Town Supervisor to execute the Agreement, with funding to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 17'h day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT TO LICENSE ISSUING AGENT AGREEMENT BETWEEN TOWN AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESOLUTION NO.: 236, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the New York State Department of Environmental Conservation (DEC) is authorized by the New York State Environmental Conservation Law to appoint agents to issue New York State hunting and fishing licenses, and WHEREAS,the Town previously entered into a License Issuing Agent Agreement with DEC to facilitate DEC's automated licensing system at the Town Clerk's Office, and WHEREAS, DEC has provided the Town with an Amendment to License Issuing Agent Agreement to provide for a change in format and delivery of sporting licenses and the Town Clerk supports these changes, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Amendment to License Issuing Agent Agreement between the Town and the New York State Department of Environmental Conservation and authorizes the Town Supervisor/Deputy Supervisor and/or Town Clerk to execute the Agreement in substantially the form presented at this meeting as well as any other needed documentation, and Regular Town Board Meeting, 06-17-2024, MTG 919 213 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor, Town Clerk and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of June, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND GLENS FALLS SENIOR CENTER RESOLUTION NO.: 237, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board believes it is appropriate and beneficial to provide social and recreational activities and programs to Town senior citizens and therefore wishes to contract with the Glens Falls Senior Center for senior citizen recreational and social activities and programs as permitted by NYS General Municipal Law §95A as set forth in the proposed Agreement between the Town and the Glens Falls Senior Center presented at this meeting, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2024 Agreement between the Town and the Glens Falls Senior Center with funding for the Agreement not exceeding the sum of $7,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that funding for such Agreement shall be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this 17t'day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None Regular Town Board Meeting, 06-17-2024, MTG 919 214 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK THEATRE FESTIVAL RESOLUTION NO.: 238, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 484, 2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement (Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Theatre Festival in an amount of$7,500 with occupancy tax revenues received from Warren County and accordingly enter into a 2024 Agreement with the Adirondack Theatre Festival for the promotion of numerous performances and events to Town and area residents and visitors, and NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the 2024 Agreement between the Town and the Adirondack Theatre Festival and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting,with funding for the Agreement in the sum of $7,500 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 $7,500; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $7,500; and BE IT FURTHER, RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Regular Town Board Meeting, 06-17-2024, MTG 919 215 Duly adopted this 17"'day of June, 2024 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION ACCEPTING DEDICATION OF DEAN THOMAS WAY IN THE VILLAGE AT UPPER SHERMAN SUBDIVISION FROM CERRONE LAND HOLDINGS, LLC RESOLUTION NO.: 239, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Cerrone Land Holdings, LLC (Developer) has offered to dedicate to the Town of Queensbury Dean Thomas Way as well as the water distribution system that will serve the Village at Upper Sherman Subdivision; and WHEREAS, the area of dedication is more particularly described in a "Map of a Survey of Dean Thomas Way, to be conveyed to: The Town of Queensbury," dated January 17, 2024, last revised February 27, 2024,"and WHEREAS,the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the Developer entering into an Escrow Account with the Town in the amount of$145,000 to be paid in two installments to ensure the Developer's completion of the top coat of the black-top within two (2) years of the date of acceptance or by June 17, 2026; and if applicable, all drainage easements being in place, and WHEREAS, the Developer has informed the Town that he has no objection to providing the Town with a $145,000 cash escrow and entering into an Escrow Agreement to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements, and WHEREAS,the Town Water Superintendent has indicated that an inspection has been made of the water mains and appurtenances installed in the Village at Upper Sherman Subdivision and the installation has been made in accordance with the requirements of the Town Water/Wastewater Department, with the Developer to be responsible for the installation's repair and maintenance for one year from the date of Town Board approval of the road dedication or through June 17th 2025, and WHEREAS, the Town's Director of Planning, Zoning and Code Compliance has confirmed that he has inspected Dean Thomas Way and it was found to be in general compliance with the Regular Town Board Meeting, 06-17-2024, MTG 919 216 requirements of his office and the Town Subdivision Code including installation of all front property corners,permanent survey monuments and signs to identify the subdivision lots, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Dean Thomas Way in the Village at Upper Sherman Subdivision contingent upon: 1. The Developer providing the Town Budget Officer with a$120,000 cash escrow and entering into an Escrow Agreement to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements; and 2. The Developer providing the Town Budget Officer with an additional cash escrow of $25,000 at the time of or prior to the issuance of the tenth (10 h) Certificate of Occupancy in the Sherman Avenue Subdivision. 3. All documentation related to such dedication being in form acceptable to Town Counsel; and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Deputy Town Supervisor to execute any and all documents necessary to complete the transaction including all real property forms and the Escrow Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Developer to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Dean Thomas Way Road Number: Description: Beginning at Upper Sherman Avenue and continuing in a northwesterly direction a distance of 3,484.8 ±' and 0 hundredths of a mile and ending at Upper Sherman Avenue. Feet: 3,484.8±' and 0 hundredths of a mile Regular Town Board Meeting, 06-17-2024, MTG 919 217 Duly adopted this 17�'day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF LABELLA ASSOCIATES, P.C. FOR PROVISION OF PROFESSIONAL ENGINEERING SERVICES RELATED TO PINE VIEW CEMETERY SINK HOLE REPAIRS RESOLUTION NO.: 240, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to engage LaBella Associates, P.C. (LaBella)for professional engineering services associated with advancing soil borings in the vicinity of a sink hole developing along the roadway embankment within the Pine View Cemetery for an amount not to exceed $6,100 as delineated in LaBella's Professional Engineering Services Proposal No. P2403983 dated June 10, 2024 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the engagement of LaBella Associates, P.C. for professional engineering services associated with advancing soil borings in the vicinity of a sink hole developing along the roadway embankment within the Pine View Cemetery for an amount not to exceed $6,100 as delineated in LaBella's Professional Engineering Services Proposal No. P2403983 dated June 10, 2024 substantially in the form presented at this meeting, such services to be paid for from Miscellaneous Contractual Account No.: 002-8810-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Deputy Town Supervisor to execute the Professional Engineering Services Proposal No. P2403983 substantially in the form presented at this meeting and/or any other necessary documentation and the Town Supervisor,Deputy Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take all actions necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 06-17-2024, MTG 919 218 Duly adopted this 17�'day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF PLAYGROUND EQUIPMENT FROM THE PLAY PRO FOR CAPITAL PROJECT AT GURNEY LANE RECREATION AREA RESOLUTION NO.: 241, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution Nos: 135, 2023 and 432, 2023, the Queensbury Town Board authorized funding and appropriations for certain Town Parks and Recreation Department capital improvements/maintenance projects including funding for the purchase of playground equipment at the Gurney Lane Recreation Area(Project), and WHEREAS, by Resolution No.:103, 2024, the Town Board authorized any needed advertisements for bids for the capital improvements and/or items of equipment, and WHEREAS, a Request for Quotes was issued to playground equipment providers and The Play Pro provided the lowest Quote in the amount of$19,335 as set forth in the RFQ Results dated June 12, 2024 provided by the Director of Parks and Recreation and presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Director of Parks and Recreation's purchase of playground equipment from The Play Pro for the Capital Project at the Gurney Lane Recreation Area for the amount of$19,335 in accordance with the RFQ Results dated June 12, 2024 presented at this meeting, such equipment to be paid for from Gurney Lane Capital Construction Account No.: 157-7110-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Supervisor to sign any needed Agreement or Proposal with The Play Pro and/or any other needed documentation and the Town Supervisor/Deputy Supervisor, Parks and Recreation Director and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. Regular Town Board Meeting, 06-17-2024, MTG 919 219 Duly adopted this 17'h day of June, 2024, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 06182024 RESOLUTION NO.: 242, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 06182024 with a run date of 06/13/2024 and a payment date of 06/18/2024, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 06182024 with a run date of 06/13/2024 and a payment date of 06/18/2024 totaling $613,073.25, 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 17t'day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY PURCHASE OF SODIUM HYPOCHLORITE BULK STORAGE TANKS FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 243, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty Regular Town Board Meeting, 06-17-2024, MTG 919 220 WHEREAS, the Town of Queensbury's Water Superintendent/Wastewater Director (Superintendent) advised that on or about June 7 h, 2024, it was discovered that a slow leak had developed in one of the Town's polyethylene horizontal sodium hypochlorite bulk storage tanks located in a containment area at the Water Department and therefore he contacted Surpass, the Town's sodium hypochlorite supplier, and Surpass provided temporary containers in which the sodium hypochlorite was transferred into; however, both of the Town's 16 year old 3,200 gallon polyethylene horizontal sodium hypochlorite bulk storage tanks will have to be replaced, and WHEREAS, Surpass obtained a quote on behalf of the Town from United States Plastic Corporation for the purchase of two (2) 3,250 gallon Den Hartog Tank sets (Tanks) and the Superintendent has recommended that the Town Board authorize their immediate purchase on an emergency basis for public health and safety reasons in accordance with United States Plastic Corporation's June 13,2024 emailed quote not to exceed an estimated total amount of$28,659.96 for both Tanks including estimated motor freight costs, and WHEREAS,these Tanks are replacements from the exact same manufacturer as the current tanks, so no engineering review would be needed to know whether any changes would be necessary to the Water Treatment Plant infrastructure to install, they need to be replaced immediately and there is not sufficient time to arrange for engineering review to determine what changes to the infrastructure would be required if Tanks were purchased from another manufacturer, and WHEREAS,the Town Board hereby determines that the purchase of the Tanks constitutes an emergency procurement needed to best serve the Town's residents, protect public health and safety and provide for the continued safe and healthy operation of the Town's water system and therefore the Town Board wishes to waive its requirement under General Municipal Law §103 and the Town Purchasing Policy's self-imposed requirement for two written(2)quotes for the purchase of the Tanks in this instance, and WHEREAS, such purchase is authorized in accordance with General Municipal Law §103, NOW, THEREFORE, BE IT RESOLVED,due to the emergency nature of the sodium hypochlorite leak in the Town Water Department's Bulk Storage Tank, in this circumstance, the Queensbury Town Board hereby waives its requirement under General Municipal Law§103 and the Town's Purchasing Policy and authorizes, confirms and ratifies the Town Water Superintendent/Wastewater Director's purchase of two (2) 3,250 gallon polyethylene horizontal sodium hypochlorite Den Hartog Tank sets (Tanks) in accordance with United States Plastic Corporation's June 13, 2024 emailed quote not to exceed an estimated total amount of$28,659.96 for both Tanks including estimated motor freight costs, as such purchase is needed to maintain public health and safety to best serve the Town's residents and should be made as soon as possible, and Regular Town Board Meeting, 06-17-2024, MTG 919 221 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that payment in a total amount not to exceed$28,659.96 shall be made from Account No.: 040-8320-2001, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget to transfer up to $28,660 from the Water Department's Undesignated, Unassigned Fund Balance Account No.: 040-0000-0909 to Account No.: 040-8320-2001 and take all necessary actions to effectuate payment, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes the directs the Town Supervisor/Deputy Town Supervisor and/or Water Superintendent/Wastewater Director to execute any needed documentation and the Town Supervisor/Deputy Supervisor, Water Superintendent/Wastewater Director and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF SERVICES OF FIS THROUGH EDMUNDS GOVTECH -INTERNET TAX PROPOSAL RESOLUTION NO.: 244, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 136, 2014, the Queensbury Town Board authorized engagement of Business Automation Services,Inc., (BAS)relating to an internet tax system whereby the general public could view updated tax bills and payment history online and/or make tax payments via credit cards and/or eChecks (ACH)received by the Town's Receiver of Taxes and Assessments, and as part of such authorized services, BAS contracted with Value Payment Systems (VPS) who subsequently contracted with T Tech, LLC for point of sale and online credit card payment transactions in accordance with Resolution No.: 316, 2018, and Regular Town Board Meeting, 06-17-2024, MTG 919 222 WHEREAS, the Town Clerk has advised that due to a software upgrade regarding tax collections, she wishes to engage the services of FIS through Edmunds GovTech (FIS) as payment processor for tax collection but retain VPS for all other Town transactions as payment processor, and WHEREAS, FIS has provided the Town with a proposed Bank Card Merchant Agreement and the Town's Receiver of Taxes and Assessments has recommended that the Town Board authorize such Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Bank Card Merchant Agreement and Application with FIS through Edmunds GovTech (Agreement) relating to the Town's internet tax system whereby the general public views updated tax bills and payment history online and/or makes tax payments via credit cards and/or eChecks (ACH)received by the Town's Tax Receiver, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor to execute the Agreement in substantially the form presented at this meeting and the Town Supervisor/Deputy Town Supervisor,Tax Receiver,Town Budget Officer and/or Town Counsel to take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of June, 2024,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE FOR ONE-TIME CLEANUP AND/OR MOWING OF ABANDONED OR NEGLECTED PROPERTIES LOCATED AT 27 PINELLO AND 419 LUZERNE ROADS RESOLUTION NO.: 245, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director)has reported to the Town Board that the property located at 27 Pinello Road(tax map no.: Regular Town Board Meeting, 06-17-2024, MTG 919 223 308.19-1-41) is in a state of serious neglect in that the yard needs to be mowed and therefore the Director recommends that the Town Board authorize an initial mowing as well as monthly mowing of this property through October, and WHEREAS, the Director reports that he has previously attempted to contact the owner of record via email and phone conversations but his efforts have been to no avail and he has been unable to reach anyone or to obtain any resolution of the situation due to the fact that the property owner and her son are deceased(as advised by the property owner's daughter-in-law), and WHEREAS,the Director reports that the property located at 419 Luzerne Road(tax map no.: 308.11-1-59)is also in a state of serious neglect in that the yard needs to be mowed but the Director's attempts to contact the property owner have been to no avail as he has been unable to reach anyone or obtain any resolution of the situation and therefore he recommends an initial mowing as well as monthly mowing of this property as well through October, and WHEREAS,the Director obtained mowing estimates from Cheap Pete's Lawn Care for the properties as follows: 1. 27 Pinello Road — $250 for the initial lawn mowing plus $100 for monthly mowing; and 2. 419 Luzerne Road—$200 for the initial lawn mowing plus $100 for monthly mowing; with such monthly mowing services to commence on or about June 18'h for a period of five(5)months for a total amount not to exceed$750 for the 27 Pinello Road property and$700 for the 419 Luzerne Road property, for a$1450 total, and WHEREAS, the Town Board has concluded that the condition of the properties creates a public health hazard due to concerns regarding the harboring of ticks and other vermin in the tall grass, and WHEREAS, in accordance with Town Law §64 (5-a), the Town Board may require the owners of land to cut, trim or remove from the land owned by them, brush, grass, rubbish or weeds or to spray poisonous shrubs or weeds on such land, and upon default, may cause such grass, brush, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be sprayed by the Town and the total expense of such cutting, trimming, removal or spraying may be assessed by the Town Board on the real property on which such grass, rubbish, weeds or poisonous shrubs or weeds were found and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, NOW, THEREFORE, BE IT, Regular Town Board Meeting, 06-17-2024, MTG 919 224 RESOLVED,that the Queensbury Town Board directs that a final notice shall be sent by U.S. mail to each of the Property Owner(s) of Record as set forth above requiring that they mow the lawn on their property within 10 days and failing to do so,the Town will cause such action to be taken and the cost thereof will be assessed by the Town Board on the real property and the assessment shall constitute a lien and charge on the real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Director of Building and Codes Enforcement(Director)to engage the services of Cheap Pete's Lawn Care as follows: 1. 27 Pinello Road — $250 for the initial lawn mowing plus $100 for monthly mowing; and 2. 419 Luzerne Road—$200 for the initial lawn mowing plus $100 for monthly mowing; with such monthly mowing services to commence on or about June 18'h for a period of five(5)months for a total amount not to exceed$750 for the 27 Pinello Road property and$700 for the 419 Luzerne Road property, for a $1450 total and to be paid on a monthly basis upon Cheap Pete's Lawn Care submitting proper invoices to the Town outlining the dates on which the properties were mowed, to be paid for from Account No.: 00 1-3620-4400, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $1450 from Contingency Account No.: 001-1990-4400 to Account No.: 00 1-3620-4400 and take any other and all actions necessary to provide for such payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Director to inform the Town Assessor and/or Town Receiver of Taxes and Assessments of the total expenses of such cutting, trimming, removal or spraying of the properties so that the expenses can be properly assessed and constituted as a lien and charge on the real properties on which it is levied until paid or otherwise satisfied or discharged so that such sum may be collected in the same manner and at the same time as other Town charges, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor, Director of Building and Codes Enforcement and/or Town Budget Officer to take all actions necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of June, 2024,by the following vote: Regular Town Board Meeting, 06-17-2024, MTG 919 225 AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES None ABSENT: None RESOLUTION AUTHORIZING CHANGE IN REIMBURSEMENT PROCESS/POLICY RELATING TO CERTAIN SEPTIC COSTS OF PROPERTY OWNERS WITHIN NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1 -DUNHAM'S BAY RESOLUTION NO.: 246, 2024 INTRODUCED BY: Mr. Michael Dixon WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, by Resolution No.: 407, 2014, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the North Queensbury Wastewater Disposal District No. 1 — Dunham's Bay (NQWWDD), and WHEREAS, by Resolution No.: 325, 2023, the Town Board adopted the 2024 NQWWDD Benefit Tax Roll for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and§202-a, and WHEREAS, by Resolution No.: 29, 2024, the Town Board appointed/reappointed certain property owners within the NQWWDD to the NQWWDD Advisory Board, and WHEREAS,by Resolution No.:388,2015,the Town Board authorized reimbursement of fifty-percent (50%) of the septic pump-out costs up to $150 to one-third (1/3) of the property owners within the NQWWDD, and WHEREAS, by Resolution No.: 337, 2023, the Town Board authorized reimbursement of septic pump-out costs up to fifty-percent(50%) of such cost including any applicable sales tax each year, for an amount not to exceed $150 plus the full cost of the septic inspection fee paid to the Town in accordance with the fee schedule adopted by the Town annually, and WHEREAS, the Advisory Board has recommended certain changes to the reimbursement process/policy for property owners within the NQWWDD as follows: • Property owners will not be reimbursed for pump out costs; • Up to six(6)property owners who have an inspection done by the Town will be reimbursed up to the amount of $275.00. The reimbursement shall be made for the first six (6) properties who submit requests to the Town in each calendar year; Regular Town Board Meeting, 06-17-2024, MTG 919 226 • Property owners who have an Enhanced Treatment Unit (ETU) and who submit to the Town proof of inspection by a licensed engineer, shall receive payment up to the amount of $275.00. The reimbursement shall be made for the first six (6) properties who submit requests to the Town in each calendar year; and WHEREAS, the Town Board has considered this change to the reimbursement process/policy and concurs with the Advisory Board's recommendations, NOW, THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 337, 2023 regarding the reimbursement process/policy of certain septic costs for property owners within the North Queensbury Wastewater Disposal District No. I —Dunham's Bay (NQWWDD) as follows: • Property owners will not be reimbursed for pump out costs; • Up to six(6)property owners who have an inspection done by the Town will be reimbursed by the District up to the amount of$275.00. The reimbursement shall be made to the first six (6)properties who submit requests to the Town in each calendar year; • Property owners who have an Enhanced Treatment Unit (ETU) and who submit to the Town proof of inspection by a licensed engineer, shall receive payment up to the amount of $275.00. The reimbursement shall be made to the first six (6) properties who submit requests to the Town in each calendar year; with such payments to be paid for out of the Miscellaneous Contractual Account No.: 053-8130-4400, and BE IT FURTHER RESOLVED, that those within the NQWWDD that have Enhanced Treatment Units may seek reimbursement in the same monetary amount as those with conventional septic systems even if they are not mandated to have a"pump-out",provided that,along with all other submissions that must be made to the Town for such reimbursement,that they also provide an inspection report for the year in which the reimbursement is sought, and BE IT FURTHER RESOLVED, that reimbursement by the District be provided to those who are obligated pursuant to Town Code §137-9 to obtain an inspection, and that reimbursements will be made on a first-come-first-serve basis and that only the first six (6)property owners to apply will be qualified to receive such reimbursement each year; and BE IT FURTHER Regular Town Board Meeting, 06-17-2024, MTG 919 227 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor to sign any needed documentation and the Town Supervisor/Deputy Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 17'h day of June,2024,by the following vote: AYES : Mr. Strough,Mr.Metivier,Mr.Freer,Mr.Dixon,Mr.McNulty NOES : None ABSENT: None 4.0 CORRESPONDENCE DEPUTY TOWN CLERK MURPHY-The Supervisor's Monthly Report from Buildings and Codes for May was received and filed. Additionally, a correspondence was received from Helen Williams referencing the need for a noise ordinance. 5.0 PRIVILEGE OF THE FLOOR(LIMIT—4 MINUTES) No Public Comment. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY(WARD IV) • Reported that correspondence was received about a week or so ago from a resident on Pitcher Road regarding Luzerne culvert and the detour that's going around Pitcher Road. I asked people to be careful of their speeds. Some speed signs were put up and what's happened now is people are speeding up to the sign, slamming on their brakes, causing traffic jams as they go through it and then jump on it and go faster. So,I just ask our residents again, it's a 30-mile zone.It's 30 miles because of the people who live on it.Please be cognizant of that.I am going to talk to highway about moving the speed sign so it's not right in front of the this gentlemen's house. COUNCILMAN DIXON(WARD III) -Nothing to report. COUNCILMAN FREER(WARD II) • Reported that a constituent has asked if there are other people who are interested in working on a Queensbury noise ordinance. She asked me to bring that up and you can contact me or any of the rest of us. I've already sent out a note asking if others have complaints and are interested in working on a noise ordinance. I know it's easy and simple, so I'm bringing it forward to this group. • Regarding the speeding, we had a pretty serious accident in my neighborhood behind my street. On Mother's Day a car flipped over on Garrison Road. The neighbor there is now interested in pursuing speed bumps or some other way to control speed besides the Sheriff hanging out on the corner once in a while. I don't know where all this is going. But if there's people who want to get involved in making the Town of Queensbury like we would like it, please see me and we'll try to work on that. No promises. COUNCILMAN METIVIER(WARD I) -Nothing to report. Regular Town Board Meeting, 06-17-2024, MTG 919 228 SUPERVISOR STROUGH • Reported that Blind Rock Road is being repaved, so they'll be working on that this week. They've already started today. So, you might want to avoid it during the day. They do try to shift lanes and you can still use it but may just want to avoid that. • Reported that we have historic heat level, some say record-breaking heat levels coming. I just want to remind everyone to be careful. These very, very hot days are meant to not challenge yourself and challenge your system, which could end up in death. We all know that because we'll hear about it on the news.Make sure you're drinking a lot of water and wear light clothing and sunscreen. Call 911 immediately if you have an emergency. Hopefully you are mindful and in a nice, air-conditioned place for the next three to four days. You want to make sure you are really limiting your exercise or begin exercise in the early morning or late at night. This is all this commonsense stuff,but it doesn't hurt as a reminder and to just go through it.It's going to be quite a challenge in the next three to four days. • Reported that Luzerne Road is closed at the western end and it's going to be closed probably till the end of September. We're doing a big culvert replacement. As we talked earlier, the storm events are getting bigger, stronger and more damage. Replacing culverts is one of the ways to prevent a road from getting washed out. We are trying to be proactive. We've had our culverts assessed. Corinth Road the County will be working on next year. Thunderbird Road we might get to that this year, and I think there's another one on Rockwell that we have to work on. • I want to thank the public for attending. Joe Barlow TV8, Jesse Jackson thank you, Town Attorney, Mark Schachner and Deputy Town Clerk Betty Murphy and Town Board thank you all for coming tonight. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 247, 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 17'h day of June,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 MINUTES PREPARED BY BETTY MURPHY, DEPUTY TOWN CLERK 11