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2018-10-15 MTG #40 REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 242 REGULAR TOWN BOARD MEETING MTG# 40 OCTOBER 15, 2018 RES# 377-394 6:30 P.M. BH# 30-32 LL #2 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL JACQUELINE WHITE, ESQ. MARK SCHACHNER, ESQ. PRESS LOOK TV POST STAR SUPERVISOR STROUGH called meeting to order... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO.: 377,2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Regular Session to enter Executive Session for the purpose of a stage 3 grievance hearing. Duly adopted this 15th day of October, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT: None NO ACTION TAKEN RESOLUTION ADJOURNING EXECUTIVE SESSION RESOLUTION NO.: 378, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns Executive Session and enters Regular Session of the Town Board of the Town of Queensbury. REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 243 Duly adopted this 15th day of October 2018, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT: None REGULAR SESSION: PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 379, 2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden 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 15th day of October 2018 by the following vote: AYES: Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES: None ABSENT: None PUBLIC HEARING ON PETER AND KAREN BOGERT'S SEWAGE DISPOSAL VARIANCE APPLICATIONS NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 28, 2018 SUPERVISOR STROUGH- Okay, Peter and Karen Bogert's are the applicants and they have filed an application for variances from our provisions of the Town of Queensbury on-site sewage disposal ordinance. The property is 133 Seelye Road. The design engineer is Lucas Dobie. Is Lucas here? Yes, already in front, there's such a crowd... And they're asking for seven (7) variances. One is absorption to be 12' from the house instead of the required 20' setback, absorption field to be 71.8' from the northerly neighboring well line instead of the required 100' setback, third variance: absorption field to be 90' from the lake instead of the required 100' setback, fourth variance: absorption field to be 2' from the southerly property line instead of the required 10' setback; fifth variance: clarus and pump station to be 3' from the house instead of the required 10' setback; sixth variance: clarus and pump station to be 4.5' from the north property line instead of the required 10' setback and the seventh and last variance: effluent sewer line to be 3' from the northerly property line instead of the 10' required. Is there anything? Lucas would you introduce yourself? LUCAS DOBIE- Good evening Board, Lucas Dobie with Hutchins Engineering. I'm a Project Engineer. Mrs. Bogert is in the audience tonight if there are questions that I'm unable to answer. REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 244 You summed it up pretty well, Mr. Supervisor, thank you for that. It sounds like variances when you quantify them out but it's mostly due to the function, the geometry of the lot. We've got a fifty-foot lot, two fifty deep and the house is pretty close to the property line... we're happiest with it. Again, the clarus fusion four fifty, beautiful enhanced treatment system...nice clean effluent up to a new elevated stone bed, constructed over where the ...of the driveway is. The driveway will be removed in that area; we'll take out the compacted native soils, put in about three to four feet of fill and stack our boulders around it to retain the fill. For the absorption bed itself, most of the relief is due to having tapers from the fill. The bed itself, meets the lake setback and the house setback and the side setback and it's a little further away from the well to the north than the fill itself, obviously. The existing system is just a grinder pump station in the basement that pumps up to a septic tank located next to their garage, It's just a little disposal field under the driveway. So the new bed is significantly further away from the northerly neighboring well and having the enhanced treatment system we're comfortable with the design; and we are downgrading it from that neighbor's well and we have one of the owners of that property sign that application to release on it, as well. With that, I'll try to keep it brief and be happy to answer any questions for the Board. Thank you. SUPERVISOR STROUGH- Alright and I did do a site visit up there this past Friday and yes, it is seven variances and that usually is alarming but it appears that you laid the site out as well as you possibly could. It is a larger site but the terrain is a little challenging and so forth. So given what you had, I thought you did a good job. But let me allow this to be open to questions from the Town Board and then after, if they have any questions, there is a public hearing scheduled tonight, Lucas and we'll see what members of the public wish to speak to this variance request. Any members of the Town Board have any questions on this matter? COUNCILWOMAN ATHERDEN- What's there now? MR. DOBIE- Right now it's a septic tank next to the garage with some sort of stone bed underneath the driveway, which is approximately fifty-five feet from that northerly well...we're proposing our elevated bed about fifteen feet further away from that well. So we'll have a lot better soil treatment as well with the new fill. COUNCILWOMAN ATHERDEN- Thank you. SUPERVISOR STROUGH- And some of the variances are because it's a raised bed. You don't go to exactly where the field is you have to go where the... what's the term called where it meets the... MR. DOBIE- The taper. SUPERVISOR STROUGH- The taper. Okay, seeing no further questions by the Town Board at this time. I'd like to open up to the public. Any member of the public wish to speak to this sewage disposal variance application for Peter and Karen Bogert? Yes there is one member, Lucas, so if you'll step aside for a minute. KATHY BOZONY- I'm very in favor of this. I didn't know if anybody had discussed putting UV disinfecting light at the outlet of that clarus fusion. It's just a thought because of the close proximity to a well even though it is downgrading, and to the close proximity to the lake. SUPERVISOR STROUGH- Any other member of the public wish to speak to this application? Seeing none, Lucas, want to return to the Board,please. Further thoughts on behalf of the Town Board on this matter? COUNCILMAN METIVIER- I always was under the impression that the ultraviolet light was always included in the system, is it not? MR. DOBIE- It is not. It's not typically installed. For extreme cases, I believe, they have done a few of them. We're comfortable being that we're downgrading from the well and it's significantly away that if we don't need it, I'd rather not have the extra maintenance quite honestly. It's our thoughts with that. SUPERVISOR STROUGH- And in addition, you're getting one of the best, in my opinion, enhanced pre-treatment systems. REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 245 MR. DOBIE- I agree entirely. SUPERVISOR STROUGH- Are you comfortable? COUNCILMAN METIVIER- Yes. SUPERVISOR STROUGH- Okay, motion to approve? RESOLUTION APPROVING PETER AND KAREN BOGERT'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 30,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, Peter and Karen Bogert (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater treatment system as follows: 1. Absorption field to be 12' from the house instead of the required 20' setback; 2. Absorption field to be 71.8' from the northerly neighboring well line instead of the required 100' setback; 3. Absorption field to be 90' from the lake instead of the required 100' setback; 4. Absorption field to be 2' from the southerly property line instead of the required 10' setback; 5. Clarus and pump station to be 3' from the house instead of the required 10' setback; 6. Clarus and pump station to be 4.5' from the north property line instead of the required 10' setback; and 7. Effluent sewer line to be 3' from the northerly property line instead of the 10'required; on property located at 133 Seelye 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, October 15t',2018, 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 REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 246 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is 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 Peter and Karen Bogert for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption field to be 12' from the house instead of the required 20' setback; 2. Absorption field to be 71.8' from the northerly neighboring well line instead of the required 100' setback; 3. Absorption field to be 90' from the lake instead of the required 100' setback; 4. Absorption field to be 2' from the southerly property line instead of the required 10' setback; 5. Clarus and pump station to be 3' from the house instead of the required 10' setback; 6. Clarus and pump station to be 4.5' from the north property line instead of the required 10' setback; and 7. Effluent sewer line to be 3' from the northerly property line instead of the 10'required; on property located at 133 Seelye Road in the Town of Queensbury and bearing Tax Map No: 227.17-1-55, and BE IT FURTHER, RESOLVED,that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED,that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MAGICAL SHORE ACRES LLC - CRASTO RESIDENCE RESOLUTION NO.: BOH 31,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 247 SECONDED BY: Mrs.Catherine Atherden 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, Magical Shore Acres, LLC — Crasto Residence (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system septic tank and pump tank as follows: 1. Septic tank to be 3 F from the shoreline instead of the required 50' setback; 2. Septic tank to be 4' from the dwelling instead of the required 10' setback; 3. Septic tank to be 5' from the property line instead of the required 10' setback; 4. Pump tank to be 22' from the shoreline instead of the required 50' setback; 5. Pump tank to be 5' from the dwelling instead of the required 10' setback; 6. Pump tank to be 7' from the property line instead of the required 10' setback; on property located at 10 Wood Point Lane in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury's Local Board of Health will hold a public hearing on Monday,November 5"',2018 at 7:00 p.m.at the Queensbury Activities Center,742 Bay Road,Queensbury,to consider Magical Shore Acres, LLC —Crasto Residence's sewage disposal variance application concerning property located at 10 Wood Point Lane, Queensbury (Tax Map No.: 239.18-1-21) 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' of the applicant's property as required by law. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone,Mrs. Switzer NOES: None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 32, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 248 RESOLVED, that the Queensbury Board of Health adjourns from session and moves back into the Town Board of the Town of Queensbury. Duly adopted this 15th day of October, 2018, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Shrough NOES: None ABSENT: None 2.0 PUBLIC HEARINGS PUBLIC HEARING-AMENDING QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 137 ENTITLED, "SEPTIC INSPECTION UPON PROPERTY TRANSFER" NOTICE SHOWN PUBLICATION DATE: SEPTEMBER 28, 2018 SUPERVISOR STROUGH- Okay, there is a public hearing and there is a SEQRA that has to be done on this, as well. So the public hearing is on something we've been working on for several years. We call it the property transfer law. It's also entitled the Septic Inspection Upon Property Transfer Law. It's adding a new chapter, chapter 137, we've had two informal information sessions on this along with a variety Town Board workshops on this matter and a lot of discussions with the public on this matter. So what we have before us tonight is the result of a long process. We did listen to the public and we did alter it many times. So the format that comes to us tonight is the format that we felt comfortable with at least making the presentation tonight. There are some potential changes in there made by Kathy Bozony, little grammatical things. Are we going to do on site with a hyphen or not. We have to make that determination,just make that congruent. Then we have to decide what day we want it to be effective. It says in here September 1st but what date do we want that to become effective. We did change the wording in it. Some of you were worried about the wording in that the prior Resolutions talked about it being in accord with town and local law and state law. We eliminated that and put in upon satisfactory inspection in accordance with the ... set forth paragraph five below the Building and Codes Enforcement Officer will issue to the property owner a letter of acknowledgement confirming that the on-site wastewater treatment system is functioning properly. Then on five Kathy Bozony, who helped us out a lot with this law over the time, suggests that we put in OTN as an acronym for the on-site wastewater treatment training network. Then we added to the exemption that if you have had the Town inspect it or if you had your on-site wastewater inspected, and Kathy suggested we get rid of "system", it's redundant, and it's been passed by the Town's inspection in the last three years, you do not have to go through this process again. You asked for those things at the most informational meeting, we heard you, we listened to you and we made those changes. Then on page six, Kathy says that "In evaluating appeals" in "B" in that "form" it should be "from". So there's some little changes that we know we have to do at this point but again there's a public hearing on this so there might be other changes as well. I just wanted to inform you of some of the ones we knew of So there's a public hearing on this tonight. I will open the public hearing. Members of the public who wish to speak to this, please indicate your interest in doing so by raising your hand. Blue shirt, sir. STEWART ALLEN- Thank you, my name is Stewart Allen and I live on Glen Lake. I just want to say how important this law will be for protecting the lake water, which is vitally important for our community not only for our health but for our property values, our tax base, our tourism and everything else. Quality of life here is largely dependent on the quality of our water. Obviously, none of us want to see that change. We know that there are leaking septic systems on the lake and there have been for quite some time. This law is a vital and necessary first step, but it's only the first step. It only effects approximately three to five percent of the homes each year that transfer. It is very REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 249 important that we start here but there's more work to be done after this. I just want to thank everyone for your support of this. This is very important. Thank you for your time. SUPERVISOR STROUGH- Thank you, Mr. Allen. Next, there was somebody else back there, Paul? Somebody back there, Chris CHRIS NAVITSKY, LAKE GEORGE WATERKEEPER-Good evening, the Water- keeper would like to thank the Queensbury Town Board for taking a very proactive measure for the protection of public health and natural resources. The US EPA estimates that up to eight million systems are failing at one time, discharging over one billion gallons of inadequate sewage into our receiving environment daily. Over 50% of those systems are greater than 30 years old with no possibility of meeting Clean Water Act Standards. Your proposal addressing septic systems at the time of transfer is a well- established standard that is implemented by many states as well as numerous counties in New York State. It is surprising that an area blessed with abundant lakes, many of which are used for drinking water, has failed to implement such protection measures, especially when the condition and details of the septic systems are at many times unknown. For example, data collected on existing systems during the establishment of the North Queensbury Wastewater Disposal District in Dunham's Bay found that there was no information on two thirds of the systems. Nothing in the Town files or anything. If there's nothing known about the system, there's no maintenance being performed to keep that system up. Additionally, our algal biomonitoring in Dunham's Bay has been tied to the organic pollution sources, i.e. septic system. Through a grant program initiated through the Fund for Lake George, 16% of the systems have been upgraded. ... nine systems have been upgraded, of those nine systems, eight of those had metal tanks within 40-60 feet of the lake and the other one was cesspool. Five other systems have been completely replaced and four of those systems were really unknown, they weren't researched. So you can see right now there's been a total of 14 systems replaced. You can see the type of components that have been removed. The Waterkeeper is supportive again of the Town Board's proposed septic transfer law as a means to improve the number of non-compliant systems, but is our opinion the proposed law should be strengthen to satisfactorily address this issue. The findings should also site the necessity to protect public health as many people use Lake George and other waters for a drinking water source. Regarding 137-4.13, it is our opinion the proposed property transfer inspections should apply to properties outside the WR District as failure of these systems can impact human health and water resources, such as properties located along streams and drainage swales, where there is no required setback. Another item in that 134B where they talk about the process to set up the inspection, I think a key component is a lot of that relies on the individual homeowner to setup the ...to come out there. The key aspect of that is those tanks should be surcharged meaning that you run the average daily flow into that tank before you actually have it checked so therefore you can see, you can put that average daily flow into that system where somebody has that system really with no demand on it. When they go in to pump that they won't have that surcharge of an average daily flow. So I think that should be worked into the criteria. Now regarding 137.413-5 we recommend that the language say that all septic tanks should be concrete or plastic and that all holding tanks should be equipped with a solenoid water shut off valve that will stop the flow of water to the structure once it has reached the level above the high water alarm so that if there is a problem with the holding tank and water continues to flow into that it will hit the solenoid shut off and cut off the water supply. 136-5.E defines the failure, and this is again the reference to the 136 in the Town Code regarding failure as individual sewage disposal systems shall be deemed having failed if groundwater or surface water is shown to be contained sewage that is leached from the system. We feel that definition should be expanded to include contaminates associated with wastewater that could impact human health or water quality, such as nutrients, chlorides, etc. Under 1374.1) we talk about what failure consists of, allowing a tank to be pumped four times a year to be acceptable, we feel that's excessive and should be no more than two times per year. In conclusion, the Fund for Lake George and the Lake George Waterkeeper support the Town of Queensbury for the proposed "Septic Inspection Upon Property Transfer" law, with the recommended amendments to increase protection of human health and water quality. The Town has been proactive on this issue through the formation of the first wastewater management district in the Lake George Watershed and continues to demonstrate leadership with this proposal. I can submit this in writing if you would like. Thank you. REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 250 SUPERVISOR STROUGH- Okay, thank you. Anybody else like to speak to the Board? Hand raised back there. SAL ERVOLINA- Good Evening. SUPERVISOR STROUGH- Please identify yourself MR. ERVOLINA- My name is Sal Ervolina, I have property at 11 Grey Ledges Drive in Dunham's Bay. I strongly support the Town's measure to impose this law for the transfer of property. I think this is very important that we continue to take steps to protect the lake, all the multiple lakes within the Town. Chris Navitsky said it a lot better than I can, but I've also been involved in the North Queensbury District and we have seen in just a short time the improvements already that have come along on Lake George within Dunham's Bay. I think it's really worthwhile. Many properties have been in families for generations and generations. Some of them we found out as we develop the district really didn't know what they had in place. By going to this, at least through a transfer of property we would be able to upgrade those properties at that time of transfer. So as I said, I strongly support this. I do have one question...I'm not sure of...an inconsistency, regarding property transfer inspections; 5E talks about if the property is transferred, I mean if an inspection is done and you have 12 months prior to the conveyance before you need another inspection. That's fine but then as you mentioned earlier exemptions, number 4, as you mentioned earlier, if the system is inspected you have three years. So to me, at one point you have one year and then three years. In my opinion, I would go with the one year because a lot can happen in three years....you're not sure of how the system...especially if it was during the installation, it may not have been installed properly or may not been operated properly. So I think it makes sense to have it within one year. Those are my comments. I'm not sure if that's inconsistent or not? SUPERVISOR STROUGH- Yeah, well we'll consider that. Thank you Sal and for the recorder, will you spell your last name? MR. ERVOLINA- Sure, E-R-V-O-L-I-N-A. SUPERVISOR STROUGH- Okay, thank you. Anybody else like to speak to the Board? Yes, Kathy. KATHY BOZONY- I wanted to thank the Town Board. It was October 14th, 2015 that I first did a presentation to this Town Board for the Property Transfer Law and the previous Board worked for years on that as well as this Board, and continuous discussions. I really want to commend you. I am very anxious to have this pass and be able to take it to other towns in our region. This is critical to the start of reducing water pollution with inadequate wastewater treatment. I do want to thank you. I want to thank the residents that also participated in this and I do want to thank John Salvador, who is not here with us tonight, but every time the group would start swaying into reducing the impacts of making a really strong law, John would remind us why we were doing this. He was not the only one but he would consistently remind us this is all about our beautiful lakes and our drinking water. He kept the impetus for us to really create a good law out of the whole process. Thank you very much. SUPERVISOR STROUGH- Well thank you Kathy for all the work that you've done on this to help us getting it here. Anybody else like to speak to, yes sir. PAT DOWD, LAKE GEORGE ASSOCIATION- I want to echo my colleagues and say thank you for your work in getting this law together. According to the Lake George Association's watershed data...Queensbury has 86,000 acres in the Lake George Watershed, 15 miles of Lake George's 136 mile shoreline is in Queensbury. That's 10% of the Lake's shoreline. Fifteen hundred existing residents, which is 1/6th of the residential units in the Watershed belong to Queensbury. There's a potential for 770 more residential units in the Lake George Watershed in Queensbury. That's why this law is important. Lake George's drinking water, we all know that 65% of the residents on or around Lake George use the Lake as a source of drinking water. The Lake George Association urges our members to inspect their septic systems every two to three years and pump them as necessary. We all know that E.coli and bacteria are a concern on Lake George. There was just a story in the paper today about all the work that's been going on trying to solve the problem at Million Dollar Beach, which is an E.coli issue. We also REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 251 want to understand the potential for financial concerns with the Property Transfer Law and that repairing the septics can be a financial, can be very expensive if they are not working properly. They need to be working properly in order to protect the drinking water that is Lake George. Inspections are the primary way, and in many cases the only way, to safeguard water quality throughout the Town and on Lake George, where 11 Towns, three counties and the Village share the water. The septic system check show that you respect your neighbors, you respect your community and you respect the future generation's ability to use and enjoy what we're all using and enjoying now. The Lake George Association supports this Local Law and we urge you to pass it. It will be protective of the Lake's water quality. SUPERVISOR STROUGH- Thank you, Mr. Dowd. Anybody else like to speak to the proposed Property Transfer Law? Alright, seeing none, I will close the public hearing. Thanked the many members of the public who helped with this. It was a broad effort. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2018 TO AMEND QUEENSBURY TOWN CODE BY ADDING A NEW CHAPTER 137 ENTITLED, "SEPTIC INSPECTION UPON PROPERTY TRANSFER" RESOLUTION NO.: 380,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board wishes to consider adoption of a Local Law whereby prior to any conveyance of real property in the Town of Queensbury Waterfront Residential(WR) Zone,property that utilizes an on-site wastewater treatment system must be inspected by the Town's Building and Codes Enforcement Office, and WHEREAS, the Town Board wishes to therefore consider adoption of Local Law No.: 2 of 2018 to amend the Queensbury Town Code by adding a new Chapter 137 entitled "Septic Inspection Upon Property Transfer"to the Queensbury Town Code, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law§10, and WHEREAS, the Town Board has considered the proposed legislation, reviewed Part I of the Full Environmental Assessment Form (EAF) to analyze potential environmental impacts of the legislation in accordance with the State Environmental Quality Review Act (SEQRA) and completed Part 2 of the EAF, and WHEREAS, the Town Board duly held a public hearing concerning such proposed Local Law on Monday, October 15t',2018 and heard all interested persons, and WHEREAS, the Town Board finds that the action will not result in any detrimental impacts and, therefore, is one which will not have a significant adverse impact on the environment, REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 252 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not result in any detrimental impacts and will not have any significant adverse impact on the environment and therefore declares a Negative Declaration under SEQRA and authorizes and directs the Town Clerk, Senior Planner and/or Director of Planning, Zoning and Code Compliance to file and publish a SEQRA Negative Declaration-Notice of Determination of Non-Significance with respect to the legislation, and BE IT FURTHER, RESOLVED,that the Town Board hereby enacts Local Law No.:2 of 2018 to amend the Queensbury Town Code by adding a new Chapter 137 entitled "Septic Inspection Upon Property Transfer,"and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately upon filing with the Secretary of State. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Atherden,Mr.Ferone,Mrs. Switzer,Mr. Strough,Mr.Metivier NOES: None ABSENT: None LOCAL LAW NO.: 2 OF 2018 A LOCAL LAW ENACTING CHAPTER 137 ENTITLED "SEPTIC INSPECTION UPON PROPERTY TRANSFER" TO THE QUEENSBURY TOWN CODE BE IT ENACTED BYTHE TOWNBOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS. SECTION L Queensbury Town Code Chapter 137,"Septic Inspection Upon Property Transfer"is hereby enacted as follows: § 137-1 Title. This Chapter shall be known as "Septic Inspection Upon Property Transfer." § 137-2 Statutory Authority. Enactment of Chapter 137 of the Queensbury Town Code is pursuant to Article 16 of the Town Law and Article 3 of the Public Health Law. § 137-3 Findings and Intent. The intent of this Chapter is to better protect waterbodies from exposure to excess nutrients and pollutants. The Town of Queensbury finds that the occurrence of such nutrients and pollutants is increased by the presence of inadequately functioning septic systems proximate to waterbodies. In addition, such septic systems are more REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 253 likely to be a threat to public health with particularly acute impacts upon the general public through impairing and contaminating precious ecological resources of the Town of Queensbury and rendering drinking water unsafe. In determining the geographic scope of this Chapter, the Town further finds that it is desirable and efficient to rely upon the zoning district boundaries of the Town of Queensbury Waterfront Residential (WR) zone as properties within this zoning district are proximate to waterbodies within the Town. As to waterbodies not surrounded or adjacent to such zoning district, such properties are zoned in such a manner that has adequately protected and will continue to protect such waterbodies and additional regulation is not currently needed in such areas at this time § 137-4 Compliance Required. A. Applicability. This Local Law shall apply to conveyances of real property located wholly or partially in the Waterfront Residential Zone, as defined in the Town Code, occurring on January 1, 2019 and thereafter. B. Property Transfer Inspections. 1. Prior to any conveyance of real property in the Town of Queensbury Waterfront Residential (WR) Zone where the property utilizes an On-site Wastewater Treatment System (OWTS), the OWTS must be inspected by the Town of Queensbury Building and Codes Enforcement Office (herein referred to as the Building and Codes Enforcement Office). The inspection shall include a septic tank pump out by a NYSDEC registered septic hauler and all seepage pits and septic drainfield distribution boxes (D-box) accepting effluent from a septic tank must be uncovered and opened by the property owner or their agent prior to inspection. The property transfer inspection and pump out shall be arranged by the property owner as early in the conveyance of real property process as possible in order to obtain an accurate and timely assessment of the OWTS. The property owner must make arrangements with the Building and Codes Enforcement Office to schedule the inspection no less than forty eight(48)hours advance notice and shall coordinate with the septic hauler to be on-site simultaneously. The cost of the inspection, as set forth in the Town's Fee Schedule Ordinance, shall be paid to the Town of Queensbury prior the inspection. 2. No such conveyance shall take place subject to this Chapter until and unless 1) the owner/seller has obtained from the Building and Codes Enforcement Office a letter of acknowledgement demonstrating satisfactory compliance with this Section; 2) the owner/seller has obtained a variance/waiver from the Town Board in accordance with this Chapter; or 3) the conveyance is exempt from the property transfer inspection requirements and the owner/seller complies with all applicable provisions for exemption set forth in this Chapter. REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 254 3. As used herein, the term "conveyance of real property" shall mean the transfer of the title of real estate, in the form of a deed or other legal instrument, whether or not recorded in the Office of the Warren County Clerk. It shall be violation of this law not to have the property inspected prior to the conveyance of real property. 4. Upon satisfactory inspection in accordance with the protocol set forth in paragraph 5 below, the Building and Codes Enforcement Office will issue to the property owner a letter of acknowledgment confirming that the OWTS is functioning properly. 5. The OWTS inspection shall utilize the New York On-site Wastewater Treatment Training Network (OTN) materials, including the OTN System Inspection Request Form, Findings Worksheet and Site Report (Inspection Findings) all of which shall be available in the Building and Codes Enforcement Office. The following minimum standards shall apply to each inspection: a. All septic tanks must be within two hundred fifty (250) gallons of the minimum volume requirement; b. All holding tanks shall be equipped with a float switch and high level alarm located in a conspicuous place to indicate when pump out is necessary. A copy of pump out records shall be submitted during the inspection prior to conveyance of real property; c. For an aerobic treatment system or enhanced treatment unit (ETU), the new owner must send a signed copy of an updated service contract to the Town within thirty (30) days after the conveyance of real property; d. If the on-site wastewater treatment system is determined to be failing or inadequate, a written Notice of Violation will be issued. An approved compliance agreement to correct the violation must be obtained prior to conveyance of real property. C. Exemption from Property Transfer Inspection. The following conveyances of real property shall be exempt from the provisions of this law in the following situations and pursuant to the terms identified below: 1. The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the existing structure. In order to qualify for the exemption, a notarized affidavit must be submitted to the Building and Codes Enforcement Office stating that a) the dwelling will not be inhabited and that it will be demolished with no immediate plans to rebuild or b) the dwelling will not be inhabited, it will be demolished and rebuilt in which case the Affidavit shall be accompanied by a site plan including adequate detail to demonstrate a lawful OWTS together with a check payable to the Town of Queensbury in the amount of Two Thousand Dollars ($2,000). Such funds will be held in a non-interest bearing escrow account and will be released in the former case, upon issuance of a Demolition permit and, in the latter case, upon issuance of a Certificate of Occupancy from the Building and Codes Enforcement Office. 2. An OWTS inspection was not able to be completed prior to the conveyance of real property due to inclement weather. In order to qualify for the exemption, a notarized affidavit REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 255 from the new property owner to complete the requisite OWTS inspection within six (6) months of the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in the amount of Two Thousand Dollars ($2,000) will be held in a non-interest bearing escrow account and shall be released upon the completion of a satisfactory OWTS inspection from the Building and Codes Enforcement Office. 3. During the OWTS inspection, a failure of the septic system was determined. Due to winter and frozen conditions, the repair to an existing OWTS could not occur or a new OWTS could not be installed before the conveyance of real property. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the installation or repair of the septic system within six(6)months from the date of the conveyance of real property, or June 1,whichever comes first, must be filed with the Building and Codes Enforcement Office. A check payable to the Town of Queensbury in the amount of Two Thousand Dollars ($2,000) will be held in a non-interest bearing escrow account and shall be released upon the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection from the Building and Codes Enforcement Office. 4. There is record of the property's OWTS having passed Town inspection within the last three (3)years. 5. Failure to complete the inspection, obtain the permit or complete all repairs/installations identified in the preceding paragraphs of this section within the time provided or any subsequent deadline established by the Building and Codes Enforcement Office will result in forfeiture of the moneys held in escrow and the Town may use such funds toward abating the conditions caused by each such violation of this Chapter. D. Failure of OWTS. Failure of an existing OWTS occurs when the standards for lawful OWTS as set forth in Chapter 136 and this Chapter are not met. While not exhaustive, some examples of a failing system include the following: 1. Lack of a pre-treatment vessel (i.e. septic tank, aerobic treatment unit, ETU, etc.) prior to effluent discharge to any subsurface treatment (soil treatment area or absorption field); 2. There is a discharge of effluent directly or indirectly to the ground's surface, with surface breakouts,ponding or saturated soils over the soil treatment area; 3. Direct pipe surface discharge of grey water(into a dry well, over an embankment, into a roadside ditch or stream/tributary, etc.); 4. A dye test results in the presence of dye on the ground surface or adjacent / downstream waterbody; 5. There is a backup of sewage into the home, building, septic tank or facility as a result of a septic tank overload or malfunction, or a clogged soil treatment area; 6. The septic tank requires pumping more than four times per year and/or sewage is observed flowing back into the septic tank from the secondary treatment area during pump out; REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 256 7. Presence of a metal septic tank that is undersized and/or corroded; 8. A cesspool, defined as a covered hole or pit used to receive untreated sewage from a house or building constructed as a primary source of wastewater disposal. 9. A holding tank that discharges effluent to surrounding sub-surface areas. 10. No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA) shall be permitted to discharge to any natural outlet or adjoining property. E. Access to Parcel for Inspection. On properties for which an OWTS inspection has been requested by the owner or owner's agent pursuant to this Chapter,the Building and Codes Enforcement Office shall be permitted by the property owner to make a physical inspection of the lands and premises in order to determine compliance with this Chapter. § 137-5 Review. Appeals from determinations of the Building and Codes Enforcement Office and/or requests for variance/waivers from the provisions of this Section must be sought from the Town of Queensbury Town Board as the Local Board of Health within 60 days. A. Forms for such Appeals and/or requests for variance and waivers will be made available to the public in the Building and Codes Enforcement Office. Such forms must be properly filled out and must be submitted to the Building and Codes Enforcement Office with payment of the applicable fee as established by the Town Board. B. In evaluating appeals from determinations of the Building and Codes Enforcement Office, the Town Board may consider whatever information it deems relevant, including any evidence or information submitted by the Applicant and any information obtained from the Building and Codes Enforcement Office and/or Town Engineer. In the event additional information is needed, the Town Board may direct a subsequent inspection of the OWTS at issue, in which case the Applicant will not be required to make any additional inspection payments. C. In regard to any request for variance or waivers, such Applications will be governed by the procedure set forth in Town Code Section 136-44.1(c)(1)-(3). The Town Board should take into consideration all matters it deems relevant,including the age of the OWTS,whether it appears to be functioning,its proximity to any waterbody,its age,the circumstances concerning the request for variance or waiver and the hardship to the property owner in the event no variance or waiver is granted. D. The above remedies shall be exhausted prior to any judicial review. § 137-6 Notice of Violation and Penalties A. If a property owner fails to complete an inspection required by this local law, or to allow access to the property for the required inspection, or if the property owner fails to comply REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 257 with any other provision of this law, a Notice of Violation may be issued by the Building and Codes Enforcement Office mandating the compliance with the inspection requirements. B. In the event the property owner in its capacity as grantor was issued a Notice of Violation and such violation continues for a period of six (6) months, the current property owner (or grantee) too shall be deemed to be in violation of this local law and may be subject to enforcement proceedings. C. An offense against any provision of this local law shall constitute a violation, punishable by a fine not exceeding Nine Hundred and Fifty Dollars ($950), or imprisonment for a term not exceeding 15 days, or both. Each week such violation continues after notification to the person in violation shall constitute a separate violation. SECTION 2. Severability If any clause, sentence,paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. SECTION 3. Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT-3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION APPROVING AUDIT OF BILLS - WARRANT OF OCTOBER 16TH, 2018 RESOLUTION NO.: 381,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant with a run date of October 11"',2018 and a payment date of October 16"',2018, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of October I Ith,2018 and a payment date of October 16t',2018 totaling $469,783.41, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 258 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 15t'day of October,2018,by the following vote: AYES: Mr.Ferone,Mr. Strough,Mr.Metivier,Mrs.Atherden NOES: None ABSENT: None ABSTAIN:Mrs. Switzer RESOLUTION AUTHORIZING ONE-YEAR EXTENSION OF TIME FOR JD MICHAELS HOLDINGS, LLC TO INSTALL TOP COAT OF BLACK-TOP ON BURNT HILLS DRIVE AND WOODEN LANE IN BURNT RIDGE SUBDIVISION RESOLUTION NO.: 382,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, by Resolution No.: 411,2015, the Queensbury Town Board accepted JD Michaels Holdings,LLC's(Michaels)offer to dedicate to the Town of Queensbury,Burnt Hills Drive and Wooden Lane (Roads)in the Burnt Ridge Subdivision, and WHEREAS, Michaels provided the Town with a$91,000 Letter of Credit to ensure placement of the top coat on such roads by November 27,2017, and WHEREAS,by Resolution No.: 354, 2017, the Town Board authorized a one year extension or until November 27,2018 for JD Michaels Holdings,LLC to install the top coat of black-top on such Roads, and WHEREAS, the Town Highway Superintendent has advised that construction within the subdivision is not yet completed and so Michaels has been unable to install the top coat on such Roads, and WHEREAS, the Highway Superintendent has therefore recommended that the Town Board grant a one year extension to Michaels so that installation of the top coat of black-top may be completed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes a one year extension or until November 27, 2019 for JD Michaels Holdings, LLC to install the top coat of black-top on Burnt Hills Drive and Wooden Lane in the Burnt Ridge Subdivision, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 259 RESOLVED, that the Town Board authorizes and directs the Town Clerk to provide a certified copy of this Resolution to the Town Highway Superintendent. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING 2018-2019 JUSTICE COURT ASSISTANCE PROGRAM (JCAP) GRANT APPLICATION FOR GRANT FUNDS FROM NEW YORK STATE OFFICE OF COURT ADMINISTRATION RESOLUTION NO: 383,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Town of Queensbury's Justice Court has advised the Town Board that 2018-2019 Justice Court Assistance Program(JCAP)Grant funds from the New York State Office of Court Administration (OCA)are now available to provide funding for Town Court improvements, and WHEREAS, the Town Board wishes to authorize an application for these grant funds up to the maximum grant amount available, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes and directs the Town of Queensbury Justice Court to apply for a 2018-2019 Justice Court Assistance Program (JCAP) Grant up to the maximum grant amount available from the New York State Office of Court Administration (OCA) to be used by the Town for Town Court improvements and the Town Justice Court and Town Supervisor to take any further actions necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING PARTICIPATION IN NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION GRANT PROGRAM WITH LAKE GEORGE VILLAGE AND OTHER REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 260 MUNICIPALITIES - VILLAGE OF LAKE GEORGE REGIONAL ROAD SALT DEICING REDUCTION PROJECT RESOLUTION NO.: 384,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS,David Wick,Executive Director of the Lake George Park Commission,has advised that the Town of Queensbury has an opportunity to participate with the Village of Lake George serving as Lead Agency and five (5) other municipalities in a $200,000 New York State Department of Environmental Conservation Grant Program entitled"DECO 1-000523GG-33500000 Village of Lake George Regional Road Salt Deicing Reduction Project" whereby each municipality will receive certain plowing and salt brine spreading and storage equipment, including the Town of Queensbury receiving one (1) "Live Edge" Truck Maxx Plow and Brine Equipment, and WHEREAS, a local"match"to the Grant award is required, such match to come in the form of cash contributions from the local municipalities and/or other associations of non-profit organizations, in this case, such contribution being in the amount of$5,000 each from the participating municipalities,including the Town of Queensbury, and$10,000 each from the Lake George Association and Fund for Lake George, and WHEREAS, the Town Board believes that this Grant Program will benefit the Lake George Watershed Basin and Town of Queensbury residents, and therefore the Town Board wishes to authorize participation in the Grant project, execution of a Grant Agreement with New York State and its $5,000 local match, and WHEREAS, a copy of a proposed Grant Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town of Queensbury's participation with the Village of Lake George and five (5) other municipalities in a$200,000 New York State Department of Environmental Conservation Grant Program entitled "DECO 1-000523GG-33500000 Village of Lake George Regional Road Salt Deicing Reduction Project"whereby the Town of Queensbury will receive one (1)"Live Edge"Truck Maxx Plow and Brine Equipment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that its matching funds in the amount of$5,000 shall be paid from Highway Fund Misc. Contractual Account No.: 004-5142-4400, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Grant Agreement substantially in the form presented at this meeting or in form to be acceptable to Town Counsel,the Town Supervisor and/or the Town Budget Officer and any other associated documentation, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 261 RESOLVED,that the Town Board further authorizes and directs the Town Supervisor,Town Highway Superintendent and/or the Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2018/2019 AND PROVISION OF 2018 STANDARD YEAR END SERVICES RESOLUTION NO.: 385,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS,the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2018/2019, and the 2018 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program and the LOSAP Audit Package, as outlined in PENFLEX's Service Fee Agreement presented at this meeting, and WHEREAS,PENFLEX will provide these services for the amount of: • $12,900—Estimated Standard and Distribution Services Fees; and • S 345—NYS LOSAP Audit Package; for a total estimated cost of$13,245, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes the engagement of PENFLEX,INC. to provide administration and support services during 2018/2019 and the 2018 standard year end administration services for the Town of Queensbury's Volunteer Firefighter Service Award Program for a total estimated cost of S 13,245,to be paid from the appropriate account as determined by the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute the Service Fee Agreement with PENFLEX,INC.substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of October,2018 by the following vote: REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 262 AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON TOWN OF QUEENSBURY 2019 PRELIMINARY BUDGET RESOLUTION NO.: 386,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Queensbury Town Board has prepared a Preliminary Budget for the Town of Queensbury and its Districts for the fiscal year beginning January 1,2019, and WHEREAS,the Town Board wishes to approve the Preliminary Budget and conduct a public hearing, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby approves the Town of Queensbury Preliminary Budget for 2019,comprised of statements of appropriations and estimated revenues,a copy of which is attached and made a part of this Resolution, and BE IT FURTHER, RESOLVED, that copies of the 2019 Preliminary Budget for the Town of Queensbury shall be filed in the Town of Queensbury Town Clerk's Office, 742 Bay Road, Queensbury where it shall be available for inspection by interested persons during regular business hours, and BE IT FURTHER, RESOLVED, that the Town Board will conduct a public hearing on Monday,November 5"', 2018 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and all interested persons will be heard concerning the Town's Preliminary Budget, and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing in the manner provided by Town Law §108, such Notice to be substantially in the following form: NOTICE OF HEARING ON PRELIMINARY BUDGET FOR THE TOWN OF QUEENSBURY FOR THE YEAR 2019 NOTICE is hereby given that the Preliminary Budget of the Town of Queensbury, County of Warren, State of New York for the Fiscal Year beginning January 1,2019,which includes the S495 Exemption Impact REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 263 Report, has been filed in the Queensbury Town Clerk's Office where it is available for inspection by any interested person during normal business hours. FURTHER NOTICE is hereby given that the Queensbury Town Board will hold a public hearing on Monday, November 5"', 2018 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury and that at such hearing the Town Board shall hear all interested persons concerning the Preliminary Budget. AND FURTHER NOTICE is hereby given in accordance with Town Law §108 that the proposed salaries of Town of Queensbury elected officials for Year 2019 are as follows: TOWN SUPERVISOR 67,276. TOWN COUNCILPERSON(4) 18,000. TOWN CLERK 73,358. TOWN HIGHWAY SUPERINTENDENT 74,152. TOWN JUSTICES(2) 51,562 Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING ROAD STRIPING WORK OF SENECA PAVEMENT MARKING, INC. RESOLUTION NO.: 387,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Town of Queensbury's Highway Superintendent has advised the Town Board that certain road striping work in the Town of Queensbury is needed, and WHEREAS,the New York State Legislature adopted legislation allowing any political subdivision in New York State to "piggyback" off an existing County Bid and therefore in this instance, the Town of Queensbury is "piggybacking" with Warren County Bid 933-18, Application of Pavement Markings, with Seneca Pavement Marking,Inc., for road striping work within the Town of Queensbury, and WHEREAS,the Town will adhere to all New York State Law bidding requirements, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes, approves and ratifies the Highway Superintendent's engagement of Seneca Pavement Marking, Inc., for road striping work in the Town of Queensbury in an amount up to $27,676 to be paid from Account No.: 004-5110-4620, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 264 RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING AMENDMENT OF TOWN OF QUEENSBURY EMPLOYEE HANDBOOK §208 "SEXUAL HARASSMENT" RESOLUTION NO.: 388,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Queensbury Town Board previously adopted a Town of Queensbury Employee Handbook(Handbook) delineating Town employee policies and procedures, and WHEREAS, the Town Board wishes to amend its Handbook by replacing current ❑208 entitled, "Sexual Harassment"with a new Sexual Harassment Policy presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an amendment to the Town of Queensbury's Employee Handbook, §208 entitled, "Sexual Harassment" to replace the current Sexual Harassment Policy with the new Sexual Harassment Policy substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the new Sexual Harassment Policy/Employee Handbook amendment to all Town employees and elected officials and take all necessary actions to amend the Employee Handbook accordingly. Duly adopted this 15t'day of October,2018 by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 265 RESOLUTION AUTHORIZING AMENDMENT OF TOWN OF QUEENSBURY EMPLOYEE HANDBOOK §701 "ELIGIBLE EMPLOYEES" RESOLUTION NO.: 389,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the Queensbury Town Board previously adopted a Town of Queensbury Employee Handbook(Handbook) delineating Town employee policies and procedures, and WHEREAS, the Town Board wishes to amend its Handbook by amending §701 entitled, "Eligible Employees"by clarifying the benefit package for permanent part-time employees working 30 hours or more as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an amendment to the Town of Queensbury's Employee Handbook, §701 entitled, "Eligible Employees" to replace the current section with the new section substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor's Office to distribute copies of the Employee Handbook amendment to all Town employees and elected officials and take all necessary actions to amend the Employee Handbook accordingly. Duly adopted this 15t'day of October,2018 by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING TRANSFER OF JARED BETHEL FROM LABORER IN HIGHWAY DEPARTMENT TO PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 390,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.George Ferone REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 266 WHEREAS,the Town of Queensbury's Director of Parks and Recreation has advised the Town Board that there is an open Laborer position in the Parks and Recreation Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Director of Parks and Recreation and Town Recreation Commission posted availability for the vacant Laborer position, and WHEREAS, Jared Bethel has applied for a transfer from his current Laborer position in the Town's Highway Department to the vacant Laborer position in the Parks and Recreation Department and Mr. Bethel meets the requirements for the position and is the most qualified applicant from the Town who applied for a transfer, and as such, the Director of Parks and Recreation and Town Recreation Commission have requested Town Board authorization to transfer Mr.Bethel accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the transfer of Jared Bethel from his current Laborer position in the Highway Department to the vacant Laborer position in the Parks and Recreation Department effective on or about October 16"', 2018 at the rate of pay specified in the Town's CSEA Union Agreement for the position, subject to a ninety (90) day probationary period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of October,2018 by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION TO AMEND 2018 BUDGET RESOLUTION NO.: 391,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and are deemed compliant with Town operating procedures and accounting practices by the Town Budget Officer, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2018 Town Budget as follows: REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 267 From To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1430-4400 Misc Contractual 25,000 001-1990-4400 Contingency 001-3989-4400 Misc. Contractual 1,750 001-7110-1010 Wages 001-7020-1010 Wages 15,000 Duly adopted this 15t'day of October,2018 by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OF OBSOLETE EQUIPMENT RESOLUTION NO.: 392, 2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS,in accordance with New York State Town Law§64(2),the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS,the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s), to be sold or disposed of as scrap, and WHEREAS,the following is the list of surplus items provided by the various Town Departments: Item Dept. Asset# Snowmobile Recreation 4011 REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 268 Seeder/Spreader with 3 pt. hitch Recreation 2617 Turnstile Recreation 3 315 Grass Thatcher Recreation 2972 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or,if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, as follows: Item Dept. Asset# Snowmobile Recreation 4011 Seeder/Spreader with 3 pt. hitch Recreation 2617 Turnstile Recreation 3 315 Grass Thatcher Recreation 2972 and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s)and all Town proceeds from the sales shall be deposited 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 Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer,Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15t'day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 269 RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND CONSTELLATION ENERGY SERVICES OF NEW YORK, INC., FOR POWER SALE RESOLUTION NO.: 393,2018 INTRODUCED BY: Mrs.Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr.George Ferone WHEREAS, by Resolution No.: 58,2016, the Queensbury Town Board authorized Power Sale Agreements between the Town of Queensbury and Constellation Energy Services of New York, Inc., (Constellation)through the MEGA Program through November 9`h,2018 in an effort to reduce energy costs, and WHEREAS, the Town wishes renew such Agreements with Constellation (formally known as Integrys) Energy Services of New York, Inc., through November 9`h, 2020 to continue its effort to reduce energy costs, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby authorizes Confirmation Agreements between the Town of Queensbury and Constellation Energy Services of New York, Inc., through November 9`h, 2020 substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreements, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Water Superintendent/Wastewater Director,Town Counsel 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 15`h day of October,2018,by the following vote: AYES: Mrs. Switzer,Mr. Strough,Mr.Metivier,Mrs. Atherden,Mr.Ferone NOES: None ABSENT: None 5.0 CORRESPONDENCE- DEPUTY TOWN CLERK, ROSE MELLON- Presented Town Board Members with 2019 Preliminary Budget. 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MIN.) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILWOMAN JENNIFER SWITZER (WARD IV)- Tomorrow is the Adirondack Regional Chamber of Commerce Business Fair. COUNCILMAN GEORGE FERONE (WARD III)- Just a reminder, Election Day is November 6th. REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 270 COUNCILWOMAN CATHERINE ATHERDEN(WARD II)- • On Monday, October 22nd at 6:30pm Crandall Library will be hosting is the next film (The War on the EPA) of their In the Public Interest Series. • The last event for the Southern Adirondack Solar Program will be on October 29th of this month in this room from 5-7pm. It's the last chance where people will have the opportunity to request a solar assessment for their home. COUNCILMAN ANTHONY METIVIER (WARD I)- • Very pleased that the Property Transfer Law passed. It certainly has evolved from where it started. Just a reminder that it is a working document and there will be changes. • Farmers Insurance is sponsoring a Thank America's Teachers Grant Program. Teachers from across the Country can write up a proposal and submit to Farmer's Insurance who then chooses 15 finalists. The public can go to their website: wwwl �k:- .,c .-lc .scm,view and vote for teacher/proposal. We have a local finalist, my wife, Jamie Metivier who is a teacher at Tanglewood in the South Glens Falls School District. She proposed the Kindness Closet. She started the Kindness Closet years ago where she began purchasing items such as toiletries, clothing, sneakers, toaster ovens and other things for families in need. Jamie is one of 15 national qualifiers for this $100,000 grant. The public will choose five winners. Please help her out. If you are 18 years or older you can go to the website (wwwl �k:- .,c .-lc .scm,) and vote once a day every day until November 3rd (if you have multiple emails, you can vote from more than one email address). This is a great program and an opportunity to help families in our community. SUPERVISOR STROUGH- • Received a thank you letter from the Feeder Canal Alliance for the Town's support. • Received word from Lake George Mayor, Robert Blais that this year's Student Connection was a big success. Thanked the Town for participating in the program and would like us to participate next year as well. • Reviewed the Fall pickup schedule. This schedule is listed on our website: www.queen sbury net • Spoke regarding trail systems in Queensbury. • Presented Supervisor's Report to Board and Community. • Thanked Look TV and our sponsors for televising these meetings. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 394, 2018 INTRODUCED BY: Mrs. Jennifer Switzer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED,that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 15th day of October 2018, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer REGULAR TOWN BOARD MEETING, 10-15-2018, MTG 440 271 NOES: None ABSENT: None MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY