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07-01-2024 MTG #21 Regular Town Board Meeting,July 1,2024, Mtg.#21 230 REGULAR TOWN BOARD MEETING MTG#21 JULY 1, 2024 RES. #249-264 7:01 PM BOH #61-64 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 TIM MCNULTY 1.0 Queensbury Board of Health RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 249, 2024 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. Duly adopted this 1st day of July, 2024, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None 1.1 Public Hearing- Sewage Disposal Variance Application of Greg Reisch Publication Date: June 22, 2024 SUPERVISOR STROUGH reviewed the application asking for four variances. Is there an agent for the applicant or the applicant? Would you please come forward identify yourself for the record? JEFF MANCINI-Jeff Mancini from Wales Engineering representing Mr. Reisch. SUPERVISOR STROUGH-All right, Jeff is there anything else that you would like to add in addition to what I've just described? Regular Town Board Meeting,July 1,2024, Mtg.#21 231 MR. MANCINI-Mr. Reisch contacted me last fall. His toilet flushes were not, his system was backing up, failing. We dug a test pit for the soil evaluation. He has in the middle of his backyard a seepage pit or an old drywell which was, we did not dig into it, but we determined that it was pretty full just by the height of where some of the old effluent material was coming through the test pit that we had done. SUPERVISOR STROUGH-Yes. MR. MANCINI-Further discussion that we had; we did the perk test. The perk test was three, let me check here. It was three minutes. We had water seepage at 78 inches and doing a little bit of math we determined that we could fit a conventional septic system in that backyard which is after discussion is what we determined that he wanted, would want to install. SUPERVISOR STROUGH-Okay, any questions for the applicant's agent from the Town Board members before I open the public hearing? COUNCILMAN FREER-Yes, John. We visited today, it was my understanding that you thought the groundwater level was somewhere in the eighth to nineth foot but 78 inches for me is five foot five am I missing something? MR. MANCINI-76 is. SUPERVISOR STROUGH-Sixty is five feet. MR. MANCINI-70 is six feet. SUPERVISOR STROUGH-72 is six feet. COUNCILMAN FREER-Sixty. MR. MANCINI-72, 76 six feet four inches. COUNCILMAN FREER-Okay, and the requirement for the Town is to be. MR. MANCINI-Four feet. COUNCILMAN FREER-Three. MR. MANCINI-Go ahead. COUNCILMAN FREER-I thought the requirement was for the groundwater would be at least three feet below the bottom of the septic or the field. And our waterfront residential areas, is that not, correct? Is that your understanding, or? MR. MANCINI-We have, so the last ones that we have done for the Town of Queensbury we have had four-foot separation. COUNCILMAN FREER-Four foot from where the top or bottom? So, this is my issue with. MR. MANCINI-Four-foot from the impervious layer which would be clay, rock, water. So, it is four-foot above that is your separation line. COUNCILMAN FREER-Okay, so but you just said that six-foot. MR. MANCINI-So you have, so if the water was at 78, if water was at 76. COUNCILMAN FREER-78 is what you just said I thought. MR. MANCINI-Or 78, and then 48-inch separation is that 28 inches that you would have. Regular Town Board Meeting,July 1,2024, Mtg.#21 232 SUPERVISOR STROUGH-Yes, so if there is 78 inches to bottom and you are going to install the conventional infiltration bed to a depth of 18 inches that leaves 60 inches remaining which is five feet. MR. MANCINI-Correct. SUPERVISOR STROUGH-So, you have exceeded the three-foot minimum. MR. MANCINI-Right. SUPERVISOR STROUGH-Okay. COUNCILMAN FREER-My only issue is what is the variation seasonality with the water level there and on Cleverdale? You did, you said you did do the perk test in November right? That is probably the driest year, driest month of the year? MR. MANCINI-I do not know if soils are going to be drier in November than say July. I would think soils would be drier in July than in November. They do not have a chance to, July the soils temperature that you have is just beginning to dry out the soils from the ambient temperatures outside whereas in November it is colder that soil is not that, the coolness is not going to dry that soil out like it would in July. I would have to defer to somebody else on. SUPERVISOR STROUGH-I do not think it would vary that much. MR. MANCINI-I would not think it would. SUPERVISOR STROUGH-There is variables for seasonal variables but I think you are beyond those. MR. MANCINI-I do not think it is going to go from six feet to two feet. SUPERVISOR STROUGH-No. COUNCILMAN FREER-You just, what I just heard was you only had two feet of difference all right to comply. If it was at six feet and you needed three it only gives you two more feet, right? Okay. I understand, thank you. SUPERVISOR STROUGH-All right, any other questions from Town Board members for the applicant's agent before I open the public hearing? Seeing none, Mr. Mancini would you retire for a minute? I may have you come immediately back up, but I want to open up the public hearing. There maybe members of the public that wish to speak to this and I may call you back because we may need answers. I will open the public hearing on this application for Greg Reish at 317 Cleverdale Road. Is there any member of the public who would like to speak to this request for Sewage Disposal Variances? Yes, sir please come forward, identify yourself for the record when you get here,please and then speak into the mic, turn the mic around towards you, thank you. BRUCE CHECKLA-Hi, Bruce Checkla. SUPERVISOR STROUGH-You are Adam? MR. CHECKLA-Bruce. SUPERVISOR STROUGH-Bruce. MR. CHECKLA-Yes. SUPERVISOR STROUGH-And what is your last name? MR. CHECKLA-Checkla, C-H-E-C-K-L-A. SUPERVISOR STROUGH-Did you get that all right, Colleen? Regular Town Board Meeting,July 1,2024, Mtg.#21 233 DEPUTY TOWN CLERK RATHBUN-I did. SUPERVISOR STROUGH-Okay, thank you, thank you Bruce. MR. CHECKLA-I am at 3 Lackey. So, I am the. COUNCILMAN FREER-The blue house. MR. CHECKLA-What? COUNCILMAN FREER-You are the blue house. SUPERVISOR STROUGH-Are you the one where we are putting the... MR. CHECKLA-Yes. SUPERVISOR STROUGH-The 78 feet from the neighboring well and that is your well? MR. CHECKLA-That is our well, yes. SUPERVISOR STROUGH-Okay. MR. CHECKLA-Yes, and I just wanted to say Greg had asked me to sign a variance to do that. I really did not have necessarily have opposition to it in Cleverdale where we are all constraints. We all try to work with each other. You cannot have, he cannot have his house without having a system. My biggest issue was though that we had to redo our system also. So, we had to come before this Board to have a variance from our own well. So, I was not about to you know I told him I could not really see releasing his before you granted a variance to me for my well. So, I do not necessarily have an issue with the distance you know because we're in the same thing. I just, I just want to be sure though that where you know between the engineers and the Town that we are doing everything we can to protect ours. I mean, I am an accountant, and I cannot read these plans so I have to rely on the experts. I know that we are putting in an Enhanced Filtration Sand System and I am not sure you know what is going in here, so I. SUPERVISOR STROUGH-Do you have an UV filter on your... MR. CHECKLA-Yes. SUPERVISOR STROUGH-Incoming water? MR. CHECKLA-We have a. SUPERVISOR STROUGH-You already have that. MR. CHECKLA-And we are putting in a chlorine system. SUPERVISOR STROUGH-Okay, all right, and you got a double. MR. CHECKLA-Right. SUPERVISOR STROUGH-Backup? Okay, you have... MR. CHECKLA-That really is it. I just want to make sure, you know SUPERVISOR STROUGH-Well, we... MR. CHECKLA-And I guess Jeff did that, you know we utilized Tom, so I mean Tom could I guess could tell me between our system and this what you know are we putting in the same type of thing. Regular Town Board Meeting,July 1,2024, Mtg.#21 234 SUPERVISOR STROUGH-Well, it is a conventional system and the only variance I mean the rest of them are septic tanks and the field location and given the size of the lots around Lake George that is pretty common. MR. CHECKLA-Right. SUPERVISOR STROUGH-The one thing that concerns this Board is the distance to the well. MR. CHECKLA-Right. SUPERVISOR STROUGH-So, we still have 78 feet which. MR. CHECKLA-Right. SUPERVISOR STROUGH-You know, on 100 is ideal, 78 is less than ideal. So, we want to make sure all the precautions have taken place, and it seems like you got that it on your well so that is the most concerning thing to me and I know I can speak for the Town Board members on that matter. MR. CHECKLA-Right. SUPERVISOR STROUGH-But is there any question that we could. MR. CHECKLA-My only question is are we taking, are the same measures being taken on, on this proposal, this system that is my only question. SUPERVISOR STROUGH-This is a conventional system but, in this case, it is laid out so I really think it will work. It is not a mounded system like what we have seen right next door. This will be buried; this will be conventional. This won't ontribute to stormwater flows. I know those were concerns. MR. CHECKLA-Right, I mean you guys were all at my property also. And we are you know we are at the same northerly point of Cleverdale and we are already higher. SUPERVISOR STROUGH-Yes, I think you are going to be fine with this system. MR. CHECKLA-Okay. SUPERVISOR STROUGH-I think so, if we are not comfortable with it, it will not pass tonight. So, I am speaking for myself in that matter. MR. CHECKLA-Okay, that is all I have to say. SUPERVISOR STROUGH-Okay, Mr. Checkla, thank you. Anybody else from the public wish to speak to this application? All right, I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Mr. Mancini will you return to the desk in case the Town Board has additional questions? Any additional questions from Town Board members? COUNCILMAN FREER-My only comment is, it is kind of, I am not comfortable that the two properties right next door has a much higher water table where they require to put a mound in. So, I am struggling with the fact that this is actually terrain to me looking like it is even lower than the two adjacent properties. I am not exactly sure what all the water flowing I am not hydraulics, hydraulic guy. But can you even comment on, I mean you mentioned something about different soils. MR. MANCINI-The only thing I can say and doing this for you know 37 plus years now that is why we do test pits and perk tests on individual sites because if you were to take one test pit and do all of Cleverdale and use that result you would be doing an injustice. So that is why even though we are 75 feet next to the neighbor we do a deep test pit, we do a perk test because those, Regular Town Board Meeting,July 1,2024, Mtg.#21 235 that water level or those conditions change you know. I was just down the road on the other side of the boat storage place across the street you know that was this material was a little loamy down there, straight sand all the way down to nine feet. The excavator could not reach any farther and there was no groundwater. So, the only thing I can say is that it varies and that is why we do this on these sites. We do not use somebody else's information too and a mound system you could, I mean.. COUNCILMAN FREER-That is okay, you have answered, thank you. MR. MANCINI-Okay. SUPERVISOR STROUGH-All right, any additional questions, thoughts? Hearing none, I will entertain a motion to approve this application. RESOLUTION APPROVING GREG REISCH'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 61,2024 INTRODUCED BY. Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY. Mr.Anthony Metivier WHEREAS, Greg Reisch (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, 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, 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, July 1", 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 Regular Town Board Meeting,July 1,2024, Mtg.#21 236 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 Greg Reisch for variances from the Sewage Disposal Ordinance to install a replacement on-site sewage disposal system with certain of its components to be located: 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 and bearing Tax Map No: 226.12-1-32, 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 I"day of July, 2024,by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough NOES None ABSENT: None Regular Town Board Meeting,July 1,2024, Mtg.#21 237 1.2 Public Hearing- Sewage Disposal Variance Application of Adam and Tryntze Conway Publication Date: June 22,2024 Supervisor Strough reviewed the application asking for five variances. The applicant's agent is present. Would you please identify yourself for the record and then feel free to elaborate on anything that I said. TOM HUTCHINS-Good evening, Board, Tom Hutchins, Hutchins Engineering, Queensbury. On behalf of Adam and Tryntze Conway this is 74 Reardon Road, and they have an existing antiquated single vessel system located between the house and the lake probably some 35, 40 feet from the lake. It is antiquated, it is too close to the lake, and it is not failing right now but they are not using the house right now. It will fail. They need to replace the system. They have a considerable piece of property and what we propose to do is install a pump station and a sealed concrete vessel adjacent to the house, pump across the road off to an area on the other side of the road some 200 feet from the lake, install a septic tank and absorption field. We looked at it today, it does involve crossing a Town road. A Town road by use. I have discussed that with Highway, and they are aware of what we want to do, and we will certainly coordinate with them before we do anything. And we looked at it today and I think it is reasonably clear but any questions from the Board? SUPERVISOR STROUGH-Questions from the Board, thoughts? All right, we have a public hearing on this so Mr. Hutchins, if you will have a seat for a minute and let me see if any member of the public wishes to speak to this and we may have some questions for you and may ask you to return. Any member of the public wish to speak to this variance proposal please come forward identify yourself for the record. MIKE SEIDEL-My name is Mike Seidel, that is S-E-I-D-E-L. I live in Glens Falls. My family owns the building immediately adjacent to the Conway's, 70 Reardon Road. We abut them on the southside. They just moved in. I do not really know them very well, but they seem to be lovely people, a couple of little girls and they are willing to put quite a bit of money into a septic system here. This is serious, you could buy a Mazda or a Volvo for what they are putting into this. So, they are going to save the lake. They are going to help save the lake. This is what we want to get all these old Sewage Systems away from the lake. They own property up on the hill behind us and so I strongly urge the Board to approve this. SUPERVISOR STROUGH-I have to agree with you. I think Mr. Hutchins designed this and he has put the infiltration bed a quite a bit higher than even the house in an area that is characterized with good filtration material. So, a lot of people like to squeeze it down near the house and everything else they are going to have to go through the extra effort of a pump system and everything else to make sure that the infiltration bed and that is the one component that I look at most and make sure it is safe. And make sure that anything that is going into the infiltration bed will get properly filtered before it gets to the lake. And I think this system is designed that way. So, I have to agree with you, Mr. Seidel. MR. SEIDEL-Thank you, I agree, I strongly urge approval. SUPERVISOR STROUGH-All right, thank you. COUNCILMAN MCNULTY-Thank you for coming forward. SUPERVISOR STROUGH-Anybody else like to speak to this application? All right, I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Mr. Hutchins would you please return to the table in case there are any additional questions from the Town Board? Any questions from the Town Board? COUNCILMAN DIXON-I will just comment when we talk about crossing a Town road that is pretty much a dead end right there anyways. There is not much going on with the road so disruption for those that are watching it would be minimal. I think it is a very good plan. Regular Town Board Meeting,July 1,2024, Mtg.#21 238 SUPERVISOR STROUGH-It is a good point. Okay, hearing no further questions for the applicant's agent. I will entertain a motion to approve Resolution 4.2 or 1.2 in the Board of Health agenda. RESOLUTION APPROVING ADAM AND TRYNTZE CONWAY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 62,2024 INTRODUCED BY. Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,Adam and Tryntze Conway (Applicants)filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, 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, 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, July 1", 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 notbe 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 Regular Town Board Meeting,July 1,2024, Mtg.#21 239 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Adam and Tryntze Conway for variances from the Sewage Disposal Ordinance 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 and bearing Tax Map No: 289.11- 1-36. Duly adopted this I"day of July, 2024,by the following vote: AYES Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: None 1.3 Continued Public Hearing- Sewage Disposal Variance Application of James Conway Publication Date: May 25,2024 Supervisor Strough left the public hearing open on this matter, members of the Town Board wished to have a system designed that they were more comfortable with and I think they wanted a better treatment before it went into the filtration bed which was fairly close to a wetland. Mr. Freer seemed to be the one mostly concerned with that but others as well. So,this is for James Conway on 10 Antler Road lot 240.9-1-2. So, we had a public hearing on this on June 3rd and we left it open, so we are having a public hearing on this tonight. So, they are already asking for two variances with the new system two foot from the property line in lieu of the required ten foot setback. And second and last variance 44 foot from the wetland in lieu of the required 100 foot setback. And I saw the plans that you know it is going to be a Fuji or equivalent pretreatment program which it may or may not I cannot speak for the Board. Let's see how it goes. All right, questions for the applicant's agent before I go to the public? COUNCILMAN MCNULTY-John, I would like to hear the changes that he made. CONNOR DEYMER-Yes, I will address that. SUPERVISOR STROUGH-Okay, I am sorry, please and thank you, Tim. MR. DEYMER-Connor Deymer with Environmental Design Partnership, we presented July, sorry June 3rd in front of you guys we heard your comments and concerns, and we actually pushed the, we changed the system from a four bedroom which it is actually a three bedroom. And we were able to kind of shrink the field down and we added an Enhanced Treatment Unit on the front end. It seemed like that is what you guys preferred. And we installed a new pressure 12-inch stone crushed bed with two-inch perforated laterals through it. We were able to push it Regular Town Board Meeting,July 1,2024, Mtg.#21 240 back nine feet from the original 35 foot ask. The main reason was the bed kind of gives us a little smaller footprint, so we were kind of able to push it towards the house and away from the wetland that you wanted while kind of making it more of a compact system. It will still be a mounded system and we really would like to do an onsite treatment. There is high groundwater so that was our main concern there. If you have any questions, I would be happy to answer them. SUPERVISOR STROUGH-All right, questions from the Town Board? COUNCILMAN MCNULTY-I appreciate the changes. COUNCILMAN FREER-I will just say thank you for educating us to the different components are not compatible in terms of the Enhanced Treatment field versus the ETU, but I am happy to see this before and I am glad we got away from the wetlands. SUPERVISOR STROUGH-All right, so if you will have a seat for a minute I will continue the public hearing and see if anybody from the public wishes to speak to this amended application of James Conway on 10 Antler Road. Yes, ma'am please come forward, introduce yourself. KRISTINA GALLO-Kristina Gallo, I think the application has to be changed. It is actually Kristina Gallo and Diego Miron just so it could reflect the accurate records. It is not James Conway's property. SUPERVISOR STROUGH-Oh, it is not. MS. GALLO-No, it is, we were here last time. It is Kristina Gallo and Diego Miron. SUPERVISOR STROUGH-Kristina Gallo and another. MS. GALLO-Diego Miron, M-I-R-O-N. So, I, we changed it last time, but I do not know it did not get reported again. COUNCILMAN FREER-So, are you the new owner then? MS. GALLO-Yes, and I was here the last time. SUPERVISOR STROUGH-So, Town Counsel, I mean here we have it under, is this the previous owner? MS. GALLO-Yes. SUPERVISOR STROUGH-All right, but it is the same house, the same residence? MS. GALLO-Correct, but I just wanted to make sure if the plans get approved, they are correct with the correct permanent name so we do not have any issues. SUPERVISOR STROUGH-Okay, well all right, we did not know that. MS. GALLO-That is okay. SUPERVISOR STROUGH-And thank you. TOWN COUNSEL SCHACHNER-So, I have a couple of questions because I am looking at an application that appears to have been received just on June 24 h if I am reading it right and it says property owner James Conway, 10 Antler Road, Queensbury, New York, 12820. I am not sure where 12820 is but that is neither here nor there, so I guess from the standpoint of record keeping we really need to have appropriate records, has the property. MS. GALLO-It is, I paid the bond to the Town. We closed in June and in May and paid the Town the bond to be able to move forward with the new septic. TOWN COUNSEL SCHACHNER-Okay, but. Regular Town Board Meeting,July 1,2024, Mtg.#21 241 MS. GALLO-And we were here last time, my husband and I. TOWN COUNSEL SCHACHNER-So, I am not trying to give you a hard time at all but I repeat I am looking at an application that appears to tell me and everybody else. COUNCILMAN FREER-So turn around to your applicant submitter and ask him. MR. DEYMER-I will speak, so we were originally working for Mr. Conway prior to the sale. So, all of the documents have Conway, but the approvals go onto the property not the owner, correct? So, in theory I do not think it would matter. TOWN COUNSEL SCHACHNER-So, I am intrigued by that legal theory but my suggestion that is if the Board is inclined to grant the approval that there be an expressed condition requiring submission of Real Property documentation within a short period of time. I do not care what the period of time is demonstrating that I am not giving you a hard time I promise but demonstrating that the people who now say they own the property, in fact own the property. The best example of that would be a recorded deed but there could be other examples as well, that is my suggestion. And the reason I am making that suggestion is not to give anybody a hard time but because unless anybody has documentation that is not part of this application what I am looking at is an application that appears to have been received on June 24 h that says property owner, James Conway. SUPERVISOR STROUGH-So. COUNCILMAN FREER-Are we just going to condition it on the fact that you get the deed squared away. MR. DEYMER-Sure, submit a deed and. COUNCILMAN FREER-But, Connor, this is causing us you are wasting our time by submitting an application that is out of date. SUPERVISOR STROUGH-All right. COUNCILMAN MCNULTY-Lesson learned just make sure the dates are correct and names please. SUPERVISOR STROUGH-So, if we approve it, we approve it with Councilman Freer's saying the two people that claim to be the owners and make sure they get recognized as we are also accepting this if that is the case. COUNCILMAN FREER-So Mr. Schachner is writing down the rules. SUPERVISOR STROUGH-For the purpose of the record, Christina. C-H-R-I-S-T-I-N-A. MS. GALLO-K-R-I-S. SUPERVISOR STROUGH-C. MS. GALLO-K, K-R-I-S-T-I-N-A and then G-A-L-L-O and then my husband is D-I-E-G-O M-I-R-O-N. TOWN COUNSEL SCHACHNER-M-I, I am sorry. MS. GALLO-We did close and then we had to pay $2,000. SUPERVISOR STROUGH-All right. MS. GALLO-To show we closed, and we paid a bond. SUPERVISOR STROUGH-Did you change it? Regular Town Board Meeting,July 1,2024, Mtg.#21 242 MS. GALLO-To make sure we were going to do the septic over. SUPERVISOR STROUGH-All right. MS. GALLO-So, everything should be recorded. So. SUPERVISOR STROUGH-The other person you went quick for an old man. MS. GALLO-Sorry. SUPERVISOR STROUGH-Eicheeto? E-I. MS. GALLO-D-I-E-G-O. SUPERVISOR STROUGH-E. MS GALLO-G-O. SUPERVISOR STROUGH-E-G MS. GALLO-O COUNCILMAN METIVIER-D-I-E-G-O SUPERVISOR STROUGH-You got it? COUNCILMAN METIVIER-Yes. TOWN COUNSEL SCHACHNER-Yes, Diego, D-I-E-G-O DEPUTY TOWN CLERK RATHBUN-I got it. SUPERVISOR STROUGH-All right, they got it. TOWN COUNSEL SCHACHNER-Then there was a different last name. MS. GALLO-Different last name. TOWN COUNSEL SCHACHNER-Right, which is? MS. GALLO-M-I-R-O-N. SUPERVISOR STROUGH-Okay, you got that Town Counsel? COUNCILMAN METIVIER-I got it. SUPERVISOR STROUGH-So, will you work on some language for us? Okay, well thank you for bringing that to our attention. Always well and cover all the bases, okay. COUNCILMAN FREER-Anybody else? SUPERVISOR STROUGH-Is there anybody else from the public that wishes to speak to this? I will clear the table if there is a hand that goes up. Yes, there is so if you will clear the table and allow the new person to come forward. Identify yourself for the record,please. RAY KRAFT-Yes, my name is Ray Kraft. SUPERVISOR STROUGH-Ray. MR. KRAFT-I have been here before. SUPERVISOR STROUGH-Yes, Ray, I remember. Regular Town Board Meeting,July 1,2024, Mtg.#21 243 MR. KRAFT-I own the property on the south side, I own property on the east side, and I do not have any objection to any of this. I think it is, I mean they had a good working septic system, but it does not meet the standards that occur today. But a lot of this paperwork debacle is going right now with the names and stuff Jim Conway is a bit of a putz. He is a lawyer, he is a pain in the ass, he was a lousy neighbor. His father who owned the house was a great person, he passed away. The house went into a trust and then he, you couldn't work with him. And these poor people who bought the house, he made it miserable for them to buy the house. And I would not be surprised if the fact that they are having trouble with the paperwork right now wasn't something he did on purpose, but they did buy the house. All they got to do is get the logistics straightened out, but they have gone beyond the point of trying to get the place straightened out, cleaned up and so I just think that, you know I feel sorry for them. SUPERVISOR STROUGH-All right, well we appreciate that Mr. Kraft. Thank you for sharing the history and say hi to Wendy. MR. KRAFT-Yes, I will. COUNCILMAN MCNULTY-Thanks for coming forward. SUPERVISOR STROUGH-Any other member of the public wish to speak to this application for Sanitary Sewage Disposal Variance? Seeing none I will close the public hearing. PUBLIC HEARING CLOSED SUPERVISOR STROUGH-Any other questions from the Town Board? COUNCILMAN METIVIER-Yes, how is Mark doing on his ... TOWN COUNSEL SCHACHNER-I am good, tell me when you want me to read it. SUPERVISOR STROUGH-Share with us what you are thinking for wording. TOWN COUNSEL SCHACHNER-Yes, if the Board is inclined to grant a variances, I am inclined to suggest that there be a new fourth RESOLVED, which would read as follows: Be it further resolved, that approval is conditioned on submission of Real Property Documentary proof by some date, pick some date soon I would suggest, that the property is now owned by Kristina Gallo and Diego Miron and the variances are approved in their names. COUNCILMAN FREER-So moved. COUNCILMAN METIVIER-So moved. SUPERVISOR STROUGH-That sounds good. TOWN COUNSEL SCHACHNER-Okay. COUNCILMAN METIVIER-Second. TOWN COUNSEL SCHACHNER-Don't move it or second it yet. COUNCILMAN METIVIER-Oh. TOWN COUNSEL SCHACHNER-I said by some date, pick a date, that is up to you not up to me. Don't move and adopt the Resolution with a blank in it, pick a date and I would suggest it be soon. COUNCILMAN METIVIER-August I"? SUPERVISOR STROUGH-August I"? MR. DEYMER-Perfect. Regular Town Board Meeting,July 1,2024, Mtg.#21 244 SUPERVISOR STROUGH-Okay. COUNCILMAN METIVIER-Is that too far out or? TOWN COUNSEL SCHACHNER-That is okay. COUNCILMAN METIVIER-Okay. SUPERVISOR STROUGH-So. TOWN COUNSEL SCHACHNER-It is a condition of the approval, the variances don't go into effect until that condition is fulfilled. COUNCILMAN METIVIER-Okay. SUPERVISOR STROUGH-Supervisor Freer, made the motion. COUNCILMAN METIVIER-And I will second. SUPERVISOR STROUGH-Made motion to approve as amended as described. Is there a second? COUNCILMAN METIVIER-I will second it. SUPERVISOR STROUGH-Second by Councilperson Metivier. RESOLUTION APPROVING JAMES CONWAY'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: 63,2024 INTRODUCED BY. Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY. Mr.Anthony Metivier WHEREAS, James E. Conway, on behalf of the James E. Conway Revocable Trust, (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement onsite wastewater treatment system with its toe of slope of raised bed system to be located: 1. 2'from the property line in lieu of the required 10' setback; and 2. 44'from the wetland in lieu of the required 100' setback; on property located at 10 Antler 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 Yd and Monday, July 1", 2024, and Regular Town Board Meeting,July 1,2024, Mtg.#21 245 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 James E. Conway,on behalf of the James E. Conway Revocable Trust,for variances from the Sewage Disposal Ordinance to install a replacement onsite wastewater treatment system with its toe of slope of raised bed system to be located: 1. 2'from the property line in lieu of the required 10' setback; and 2. 44'from the wetland in lieu of the required 100' setback; on property located at 10 Antler Road in the Town of Queensbury and bearing Tax Map No: 240.9- 1-2, 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 Town Board approval is conditioned on submission of real property documentary proof by August 1st, 2024 that the property is now owned by Kristina Gallo and Diego Miron and variances are approved in their names, and BE IT FURTHER, Regular Town Board Meeting,July 1,2024, Mtg.#21 246 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 I"day of July, 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 64, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Timothy McNulty 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 1st day of July, 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 ONLY (LIMIT-3 MINUTES) No public comment. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING CLOSURE OF TRAFFIC SIGN INVENTORY CAPITAL PROJECT FUND NO.: 251 RESOLUTION NO.: 250, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon Regular Town Board Meeting,July 1,2024, Mtg.#21 247 WHEREAS, in accordance with Resolution No.: 433, 2023, the Queensbury Town Board authorized establishment of Traffic Sign Inventory Capital Project No.: 251 (Fund No. 251), and WHEREAS, the Town's Accountant has advised that the Project is complete and no moneys remain in Fund No. 251 and therefore the Town Board wishes to close Fund No. 251, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close Traffic Sign Inventory Capital Project No.: 251 and the Town Supervisor 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 I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID TO AROLD CONSTRUCTION COMPANY, INC. FOR SANITARY SEWER REHABILITATION PROJECT IN GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT-FORMER PERSHING- ASHLEY COOLIDGE SEWER DISTRICT-BROADACRES AREA RESOLUTION NO.: 251, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Queensbury Town Board duly established the Greater Queensbury Consolidated Sanitary Sewer District(District) in accordance with New York Town Law, and WHEREAS, by Resolution No.: 344, 2023, the Town Board authorized: 1) engagement of Delaware Engineering, DPC (Delaware), for the provision of professional engineering services regarding the design, bidding, construction administration and observation services related to the proposed rehabilitation of the sanitary sewer system within the District specifically within the Town's former Pershing-Ashley-Coolidge Sewer District located in the Broadacres area (Project), and 2) establishment of the Broadacres Sanitary Sewer Rehabilitation Capital Project and Broadacres Sanitary Sewer Rehabilitation Capital Project Fund 4248, and Regular Town Board Meeting,July 1,2024, Mtg.#21 248 WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder and by Resolution No.: 111, 2024, the Town Board authorized an advertisement for bids for the Project, and WHEREAS, the Town Purchasing Agent opened all received bids on May 6, 2024 and with the Water Superintendent/Wastewater Director (Director) and Delaware, reviewed the bids and recommended that the Town Board reject all received bids and re-advertise for bids so that manholes related to the Project may be added as an alternate component and so by Resolution No.: 201,2024, the Town Board rejected the bids and directed the Purchasing Agent to re-advertise for bids in accordance with revised bid documents and specifications, and WHEREAS, the Town Purchasing Agent opened all received bids on June 12'', 2024 and along with Delaware and the Director reviewed the bids and recommended that the Town Board award the Project's Contract 41 bid to the lowest, responsible bidder, Arold Construction Company, Inc., for their Base Bid and Alternate price of$290,375, and WHEREAS, the Director has advised the Town Board that there are times when Change Orders may become necessary and therefore he has requested authorization to approve and sign Change Orders that he deems necessary or appropriate up to a ten-percent(10%) contingency, and WHEREAS, by Resolution No.: 261,2021, the Town Board accepted $2,794,633.02 in American Rescue Plan Act(ARPA)Coronavirus Local Fiscal Recovery Grant Funds from the NYS Department of Budget, such Recovery Funds to be used in accordance with the terms and conditions set forth by the NYS Department of Budget and/or the Federal Government, and the Town Board may consider use of some of these Recovery Funds as well as funds from the Wastewater Department's Undesignated, Unassigned Fund Balance Account No.: 032-0000-0909 for this qualifying infrastructure investment Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the Rehabilitation of the Sanitary Sewer System within the Greater Queensbury Consolidated Sanitary Sewer District Contract 41 (Project) from the lowest, responsible bidder, Arold Construction Company, Inc., for their Base Bid and Alternate price of$290,375, to be paid from Capital Project Account No.: 248-8120-2899, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Director to approve and sign any and all Change Orders pertaining to the Project that he deems necessary or appropriate up to a ten-percent(10%) contingency or a total amount not exceeding $29,038, and Regular Town Board Meeting,July 1,2024, Mtg.#21 249 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer up to $319,413 from the Wastewater Department's Undesignated, Unassigned Fund Balance Account No.: 032-0000-0909 to Capital Project Account No.: 248-8120-2899 and make any adjustments necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor to execute any needed Agreement with Arold Construction Company, Inc., in form acceptable to the Town Supervisor, Director, Town Budget Officer and/or Town Counsel and/or any other necessary documentation and the Town Supervisor/Deputy Town Supervisor, 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 1st day of July, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING MARSHALL& STERLING UPSTATE TO OBTAIN TOWN OF QUEENSBURY INSURANCE COVERAGES EFFECTIVE JULY 1, 2024 -JUNE 30, 2025 RESOLUTION NO.: 252,2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Queensbury Town Board wishes to authorize the Town Budget Officer and Marshall & Sterling Upstate, Inc., to obtain the Town's insurance coverages, including the Town's Public Officials'Liability coverage,from the New York Municipal Insurance Reciprocal(NYMIR), Travelers and/or Chubb effective July 1", 2024 —June 30th, 2025 in accordance with Marshall and Sterling Upstate, Inc.'s 6/18/2024 Proposal/Premium Summary, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer and Marshall & Sterling Upstate, Inc., to obtain the Town's insurance coverages including the Town's Public Officials' Liability coverage from the New York Municipal Insurance Regular Town Board Meeting,July 1,2024, Mtg.#21 250 Reciprocal (NYMIR), Travelers and/or Chubb effective July 1", 2024— June 30"', 2025 in accordance with Marshall and Sterling Upstate, Inc.'s 6/18/2024 Proposal/Premium Summary, and BE IT FURTHER, RESOLVED, that the Town's Public Officials' Liability Coverage shall constitute the Town Officials' annual blanket public undertaking, thereby meeting the requirements of New York State Town Law and Public Officers Law §11(2), and such undertaking shall be filed in the Town Clerk's Office, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor/Deputy Supervisor to execute any and all documentation to effectuate such renewals/insurance coverage and the Town Supervisor/Deputy Town Supervisor and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution. Duly adopted this I"day of July, 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: 07022024 RESOLUTION NO.: 253,2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 07022024 with a run date of 06/27/2024 and a payment date of 07/02/2024, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 07022024 with a run date of 06/27/2024 and a payment date of 07/02/2024 totaling $1,408,801.67, and BE IT FURTHER, Regular Town Board Meeting,July 1,2024, Mtg.#21 251 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 I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT : None RESOLUTION AUTHORIZING HIRING OF SHANE REYNOLDS AS WATER METER SERVICE WORKER RESOLUTION NO.: 254, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,the Town of Queensbury Water Superintendent has advised the Town Board that there is a vacant full-time Water Meter Service Worker position in the Water Department, and WHEREAS, the Water Superintendent posted and advertised for such position, conducted interviews and has recommended that the Town Board authorize the hiring of Shane Reynolds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the hiring of Shane Reynolds as a full-time Water Meter Service Worker in the Town's Water Department effective on or about July 2nd,2024 on a provisional basis until Mr.Reynolds places successfully on the Civil Service exam and meets all Civil Service requirements for the position and also subject to the Town successfully completing pre-employment physical and background checks as reasonably necessary to judge fitness for the duties for which hired, drug and/or alcohol screening and Mr. Reynolds' successful completion of a six(6)month probationary period, and BE IT FURTHER, RESOLVED, that Mr. Reynolds shall be paid the hourly rate of pay for the Water Meter Service Worker position as delineated in the Town's current Agreement with the Civil Service Employees Association, and BE IT FURTHER, Regular Town Board Meeting,July 1,2024, Mtg.#21 252 RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor/Deputy Town Supervisor, Water Superintendent and/or Budget Officer to complete any documentation and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING PURCHASE OF GRAPPLE TRUCK FROM H. L. GAGE SALES, INC. FOR HIGHWAY DEPARTMENT RESOLUTION NO.: 255, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon 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 a 2025 International HV607 SBA with a mounted Hood 7000 Grapple Loader (Truck) to replace the Department's 1992 International chassis (Town Asset 43180) with attached Prentice Grapple Loader (Town Asset 49220) by the Town "piggybacking" with the cooperative, municipal purchasing program Sourcewell, and WHEREAS, such Truck is available through H. L. Gage Sales, Inc., a participating member of Sourcewell, in accordance with H. L. Gage's June 07, 2024 Proposal 49505-02 for the amount of $215,693.50 in accordance with Sourcewell Contract 4724923, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent's purchase of a 2025 International HV607 SBA with a mounted Hood 7000 Grapple Loader(Truck)from H. L. Gage Sales, Inc. in accordance with H. L. Gage's June 07,2024 Proposal 49505-02 substantially in the form presented at this meeting for the amount of $215,693.50 in accordance with Sourcewell Contract 4724923 to be paid for from Heavy Equipment Account No.: 004-5130-2040, and BE IT FURTHER, Regular Town Board Meeting,July 1,2024, Mtg.#21 253 RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to engage the services of auction company GovDeals to sell/dispose of the 1992 International chassis (Town Asset 43180) with attached Prentice Grapple Loader (Town Asset 49220) and deposit any sales proceeds into the appropriate revenue account(s)in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor/Deputy Town Supervisor,Highway Superintendent 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 1st day of July, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION APPROVING PERMA GRANT DISBURSEMENT AGREEMENT WITH PERMA REGARDING GRANT FUNDING FOR WEST GLENS FALLS VOLUNTEER FIRE COMPANY, INC. RESOLUTION NO.: 256, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, fire protection services are provided to the Town of Queensbury in part by the West Glens Falls Volunteer Fire Co.,Inc.,(Fire Company)in accordance with the 2024 Fire Protection Services Agreement between the Town and the Fire Company, and WHEREAS,the Fire Company applied and received approval for$5,000 in grant funds from the Public Employer Risk Management Association (PERMA)toward the purchase of a gear washer and as the Fire Company falls under the Town's membership/policy with PERMA, PERMA has advised that it will need to issue such grant funds to the Town, with the Town then reimbursing the Fire Company, with such grant disbursement terms to be as set forth in the PERMA Grant Disbursement Agreement(Agreement)presented at this meeting, and WHEREAS, the Town Board wishes to authorize the Fire Company's receipt of such grant funds and the Agreement providing for the reimbursement of grant funds, NOW, THEREFORE, BE IT Regular Town Board Meeting,July 1,2024, Mtg.#21 254 RESOLVED, that the Queensbury Town Board, on behalf of the Town's Fire Protection District, hereby approves and authorizes the PERMA Grant Disbursement Agreement between the Town and PERMA as delineated in the preambles of this Resolution and in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Deputy Town Supervisor to execute such Agreement and the Town Supervisor, Deputy Town Supervisor 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 I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF CHEAP PETE'S LAWN CARE FOR ONE-TIME CLEANUP AND/OR MONTHLY MOWING OF ABANDONED OR NEGLECTED PROPERTIES - 11 PARK VIEW AVE. AND 330 DIXON ROAD RESOLUTION NO.: 257,2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Town of Queensbury's Director of Building and Codes Enforcement (Director) has reported to the Town Board that the properties located at 11 Park View Avenue (tax map no.: 302.14-3-46) and 330 Dixon Road(tax map no. 302.9-1-8) are in a state of serious neglect in that the yards need to be mowed and therefore the Director recommends that the Town Board authorize an initial mowing as well as monthly mowing of these properties through October, and WHEREAS, the Director reports that he has previously attempted to contact the property owners of record via email and phone conversations but his efforts have been to no avail as he has been unable to reach anyone or obtain any resolution of the situation, and WHEREAS,the Director obtained mowing estimates from Cheap Pete's Lawn Care for the properties as follows: Regular Town Board Meeting,July 1,2024, Mtg.#21 255 1. 11 Park View Avenue—$125 for the initial lawn mowing plus $85 for monthly mowing; and 2. 330 Dixon Road—$250 for the initial lawn mowing plus $125 for monthly mowing; with such monthly mowing services to commence on or about July 2nd for a period of four(4)months for a total amount not to exceed$465 for the 11 Park View property and$750 for the 330 Dixon Road property, for a$1,215 total, and WHEREAS, the Town Board believes 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, 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 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. 11 Park View Avenue—$125 for the initial lawn mowing plus $85 for monthly mowing; and 2. 330 Dixon Road—$250 for the initial lawn mowing plus $125 for monthly mowing; with such monthly mowing services to commence on or about July 2nd for a period of four(4)months for a $1,215 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 1-3 620-4400, and Regular Town Board Meeting,July 1,2024, Mtg.#21 256 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $1,215 from Contingency Account No.: 001-1990-4400 to Account No.: 001-3620-4400 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 Receiver of Taxes and Assessments of the total expenses 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 sums 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 I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NYS OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM AND/OR LOCAL BID FOR 2024 OR NEWER HYUNDAI KONA OR COMPARABLE ALL ELECTRIC SUV RESOLUTION NO.: 258, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS,the Town of Queensbury's Assessor has advised that she wishes to advertise for bids for the purchase of a 2024 or newer Hyundai Kona or comparable all electric SUV for the Assessment Department such vehicle to be described in bid documents/specifications to be prepared by the Town Assessor and/or Town Purchasing Agent, and WHEREAS, the Town wishes to purchase the vehicle through the New York State Office of General Services Procurement Program or through local bid, and Regular Town Board Meeting,July 1,2024, Mtg.#21 257 WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2024 or newer Hyundai Kona or comparable all electric SUV to the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the vehicle as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open,read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this I"day of July, 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 GLENS FALLS AREA YOUTH CENTER RESOLUTION NO.: 259,2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, the Queensbury Town Board believes it is appropriate and beneficial to Town residents to enter into community service agreements with certain organizations for the provision of community-based services and benefits and therefore wishes to contract with the Glens Falls Area Regular Town Board Meeting,July 1,2024, Mtg.#21 258 Youth Center for the provision of such services including career counseling and dinners to economically disadvantaged youths residing in the Town and surrounding area, and WHEREAS, a proposed agreement between the Town and the Glens Falls Area Youth Center has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the Agreement between the Town and the Glens Falls Area Youth Center for the year 2024 with funding for the Agreement not exceeding the sum of $12,000 and authorizes and directs the Town Supervisor to execute the Agreement in substantially the form presented at this meeting, to be paid for from Community Services Account No.: 001-8989-4414. Duly adopted this I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE TOWN OF QUEENSBURY AND THE UNDER THE WOODS FOUNDATION, INC. FOR CHURNEY GURNEY FESTIVAL RESOLUTION NO.: 260, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon 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 Under the Woods Foundation, Inc., is organizing the "Churney Gurney Festival" at Gurney Lane Park in the Town of Queensbury that hosts a mountain bike race and trail running race,thereby helping to promote recreational opportunities in the community,attracting many persons to the Queensbury area and providing an economic boon to the community, and Regular Town Board Meeting,July 1,2024, Mtg.#21 259 WHEREAS, the Town Board wishes to provide funding to the Under the Woods Foundation in the amount of$5,000 with occupancy tax revenues received from Warren County and accordingly enter into a 2023 agreement with the Under the Woods Foundation for the promotion of recreational activities 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 approves and authorizes the Local Tourism Promotion and Convention Development Agreement between the Town and the Under the Woods Foundation, Inc., and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting with funding not to exceed $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid 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 $5,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $5,000; 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 I"day of July, 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 ADIRONDACK CIVIC CENTER COALITION, INC. RESOLUTION NO.: 261, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon Regular Town Board Meeting,July 1,2024, Mtg.#21 260 WHEREAS, the Town of Queensbury has received a request for sponsorship and funding from the Adirondack Civic Center Coalition, Inc., whereby the Town would receive a sign for the 2023-2024 season inside the Cool Arena for all events, which would in part promote the Town of Queensbury, City of Glens Falls and their businesses and amenities at various events, such funds to be from Warren County occupancy tax revenues received by the Town, and WHEREAS, such events help attract a significant number of people to the Town of Queensbury, City of Glens Falls and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, 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 Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Civic Center Coalition, Inc., in the amount of$5,000 for sponsorship with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Adirondack Civic Center Coalition, Inc., and authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting,with funding not to exceed $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County,to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs 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 $5,000; • Expense Acct. No. —050-6410-4412 Use of Occupancy Tax $5,000; and BE IT FURTHER, Regular Town Board Meeting,July 1,2024, Mtg.#21 261 RESOLVED, that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AMENDING RESOLUTION NO.: 243, 2024 AND RATIFYING EMERGENCY PURCHASE OF SODIUM HYPOCHLORITE BULK STORAGE TANKS FOR WATER DEPARTMENT RESOLUTION NO.: 262, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, by Resolution No.: 243, 2024, the Queensbury Town Board waived its requirement under General Municipal Law§103 and the Town's Purchasing Policy for two(2)written quotes and authorized and ratified the Water Superintendent/Wastewater Director's (Water Superintendent)purchase of two (2) 3,250 gallon polyethylene horizontal sodium hypochlorite Den Hartog Tank sets (Tanks) from United States Plastic Corporation for the amount of$28,659.96 due to the emergency nature of a sodium hypochlorite leak in the Water Department's Bulk Storage Tank, WHEREAS,no purchasing contract for the Tanks has yet been entered into, and WHEREAS, the Water Superintendent has advised that while awaiting the New York State Department of Health's review of the proposed installation of the Tanks, he was able to receive additional written quotes in accordance with the Town's Purchasing Policy, and WHEREAS, the Water Superintendent has recommended that the Town Board amend Resolution No.: 243, 2024 to authorize the purchase of identical Tanks from Central Equipment of CNY, Inc. (CNY)for the amount of$23,252.52 as set forth in CNY's 6/21/2024 Estimate 412332, as such purchase will result in a$5,407.44 net savings to the Town and the Tanks will be delivered more expediently, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, in this circumstance, hereby waives its requirement under General Municipal Law §103 and reaffirms, authorizes and ratifies the Water Regular Town Board Meeting,July 1,2024, Mtg.#21 262 Superintendent's actions relating to the emergency circumstances regarding the sodium hypochlorite leak in the Water Department's Bulk Storage Tank and hereby amends Resolution No.: 243,2024 to authorize, reaffirm and ratify the Water Superintendent's purchase of two (2) 3,250 gallon polyethylene horizontal sodium hypochlorite Tank sets (Tanks) from Central Equipment of CNY, Inc.for atotal amount of$23,252.52 as setforth in CNY's 6/21/2024 Estimate 412332 in substantially the form presented at this meeting with payment to 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 and/or take all necessary actions to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor/Deputy Supervisor and/or Water Superintendent to sign any needed documentation and the Town Supervisor/Deputy Supervisor, Water Superintendent, Town Clerk and/or Town Budget Officer to take all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 243, 2024 in all other respects. Duly adopted this I"day of July, 2024,by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None RESOLUTION AUTHORIZING SETTLEMENT OF PROPERTY ASSESSMENT CASES FILED BY FLINTLOCK CORP. RESOLUTION NO.: 263, 2024 INTRODUCED BY. Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY. Mr. Michael Dixon WHEREAS, Flintlock Corp. ("Petitioner"), filed Article 7 Real Property Assessment Review cases against the Town of Queensbury challenging the 2019 through 2023 assessments on real property located at 1540 State Route 9,in the Town of Queensbury,New York(Tax Map Parcel 4 288.8-1-14), and Regular Town Board Meeting,July 1,2024, Mtg.#21 263 WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs that would result if the litigation continues and goes to trial, and WHEREAS, the Town Assessor now recommends proposed settlement terms which have been negotiated with Petitioner, and WHEREAS, the School District has already approved the proposed settlement terms, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of the tax assessment cases filed by Flintlock Corp. as follows: 1) The 2019 Proceeding shall be discontinued without reduction of the assessed value or refunds; 2) The assessed value for Tax Map Parcel 4 288.8-1-14 shall be reduced to $600,000 for the 2020 through 2023 assessment rolls with refunds. There shall be no interest if refunds are paid within 60 days of service of the Settlement Order; 3) The assessed value for Tax Map Parcel 4 288.8-1-14 shall be fixed at$650,000 for the 2024 through 2027 assessment rolls and may only be subject to change in limited circumstances, such as where there are substantial physical changes at the property; and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Deputy Town Supervisor,Town Assessor,Town Clerk and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. Duly adopted this 1st day of July, 2024, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon NOES None ABSENT: None 4.0 CORRESPONDENCE None. Regular Town Board Meeting,July 1,2024, Mtg.#21 264 5.0 PRIVILEGE OF THE FLOOR(LIMIT - 4 MINUTES) STARR BAKER MOWER-Requesting update on the status of the issue of tractor trailers that deliver for O'Reilly's Auto Parts that block Glendale Drive causing many traffic issues for residents as well as school buses. Noted that the Planning and Zoning Board minutes were for box trucks only. Noted further that she has spent three years fighting this issue, spending a lot of time and money on legal fees. SUPERVISOR STROUGH-The Town Board and our Legal Counsel have reviewed this matter in depth. When O'Reilly's was going through the Site Plan Review, it was in the minutes that they would deliver with box trucks rather than a tractor trailer. However, the Planning Board never conditioned the approval stating such. As a result,we are extremely limited, so we've looked into weight limit size,the tractor trailer signage. None of that is legal because O'Reilly's has a right to have their deliveries and there is no condition that it must be a box truck. TOWN COUNSEL SCHACHNER noted that the Town Board does not have any authority to open the Planning Board or Zoning Board of Appeals Resolution. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN MCNULTY (WARD IV) Spoke regarding our Town contracts and being more proactive on finding the best rates available and having time to make our decisions instead of when the contracts are due. COUNCILMAN DIXON (WARD III) • Received a call from a resident regarding shipping containers used as storage sheds in residential areas. We may need to tweak the Town Code with ancillary structures which is very clear what people can and cannot have. • Referred to an issue near Fox Farm Road and Rush Pond where there is beaver activity. Some residents like them and some do not. I did contact DEC looking for some suggestions. One resident mentioned a beaver deceiver which I guess keeps the water level at a certain rate. • Announced that Luzerne Road is closed, and it will be another two months of being inconvenienced. • Spoke regarding an elderly woman who takes care of a little island of grass in front of her yard owned by the Town of Queensbury, and we have many of these. I encourage people to help take care of these islands of grass. • Wished everyone a happy fourth of July. COUNCILMAN FREER (WARD II) • Announced that there was an accident on Bay Road, a bad accident. He hopes that people will slow down a little bit. • Announced that Labella was drilling on Rockhurst for a possible other solution for a Community Septic that we got a grant for. • Referred to an upcoming meeting with the Highway Fleet Manager who is really a great addition to that department. I think we're going to see long-term savings as we do a better job of keeping track of parts and vehicles. COUNCILMAN METIVIER (WARD I) • Spoke regarding working on a solution for Bay Road and 9L near the Marinas to reduce the speed in that area. There are two large marinas in Dunham's Bay and there are a lot of people crossing the streets. I did speak with Kevin Hajos about reducing the speed limit because it is 55 mph. I did receive a complaint to have people slow down. We need to find a solution by preparing a resolution. • Wished everyone a happy, safe fourth of July and slow down. Regular Town Board Meeting,July 1,2024, Mtg.#21 265 SUPERVISOR STROUGH • Thanked Joel Barlow, Look TV, Town Counsel Mark Schachner, Deputy Town Clerk Colleen Rathbun, Town Board, and the members of the public for attending. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 264, 2024 INTRODUCED BY. Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY. Mr. Timothy McNulty RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 1st day of July, 2024, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty NOES: None ABSENT: None RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, RMC, DEPUTY TOWN CLERK I