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11-18-2019 MTG#36 REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 264 REGULAR TOWN BOARD MEETING MTG#36 NOVEMBER 18, 2019 RES#379-390 7:00 P.M. B.H. 47-50 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILWOMAN CATHERINE ATHERDEN COUNCILMAN GEORGE FERONE COUNCILWOMAN JENNIFER SWITZER TOWN COUNSEL ROBERT HAFNER, ESQ. PRESS LOOK TV, POST STAR PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN CATHERINE ATHERDEN 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 379, 2019 INTRODUCED BY: Mr. George Ferone 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 moves into the Queensbury Board of Health. th Duly adopted this 18 day of November, 2019, by the following vote: AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES: None ABSENT:None PUBLIC HEARING –SEWAGE DISPOSAL VARIANCE APPLICATION OF TIM AND KATHY BECHARD PUBLICATION DATE: NOVEMBER 8, 2019 AGENT – DENNIS MACELROY REPRESENTING TIM & KATHY BECHARD DENNIS MACELROY, ENVIRONMENTAL DESIGN-I am representing Kathy and Tim Bechard for this application for wastewater system variances. The property as indicated is at 3 North Lane, which is right on the corner lot of North Lane and Honeysuckle on Assembly Point. The variances are related to setback issues with the proposed absorption field. The Bechard’s purchased this property a couple years ago. Their first effort was to look into a replacement wastewater system. As time evolved, they realized the next step also would be to replace the house. We are doing this in one process where we will be before the Planning Board and the Zoning Board in the next two nights. Here related to the wastewater system is a replacement system, as I indicated requires variances for the location of the absorption field. It will have a new septic tank. A pump tank, which will pump to the absorption field, which is an Eligen System. Two runs. Two laterals of thirty-six feet each that would provide the capacity for three bedroom home that is proposed. The location of the eastern portion of the property pushes it away. We are trying to deal with three neighboring wells. One to the south. One sort of to the southwest. Another to the west. We have positioned it so that it maintains a hundred feet to all those three wells. It does push it closer to the boundary line. The property line on the east side, which is a boundary with the public road. It is not even the private property next to it. It is sort of a lesser need for the variance. The force main that feeds the absorption field is also REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 265 technically within ten feet of the property line. That is the second variance. The third variance is the location of the field to the dwelling. The twelve feet verses the twenty that is typically required. Based on the positioning of the house and the position of the absorption field you are dealing with those three variances. SUPERVISOR STROUGH-Thank you. Questions from the Board? The Eligen System is going to be raised to a degree. MR. MACELROY-Correct. There is a little bit of a slope in that area from the road down to the house site. There will be a shallow absorption field. Technically the grade will be raised somewhat, not mounded like you see in some instances. The slope will be gradual down to the native grade. SUPERVISOR STROUGH-My point being and I had this discussion with you Friday. It is not going to be a mounding area for storm water. MR. MACELROY-Correct. We will have it graded so that on the upgrading side there it is a swale, which would shield water in both directions around the ends of the fields. SUPERVISOR STROUGH-There is a public hearing on this. Is there any member of the public that wishes to speak to this request for variances from the sewage disposal law? Seeing none any last questions. PUBLIC HEARING OPENED COUNCILMAN METIVIER-Not that it really matters because they are a hundred and seven feet away. The Davis’s have called me to express their no so much concern, but questions about it. The fact remains that even though they have a well it is unused. They rely on the municipal system. They typically show up after it is turned on and they leave before it has been turned off. I just explained that being a hundred and seven away that it is not…. PUBLIC HEARING CLOSED RESOLUTION APPROVING TIM AND KATHY BECHARD’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 47, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Catherine Atherden WHEREAS, Tim and Kathy Bechard (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 3’ from the east side property line instead of the required 10’ setback; 2. Absorption field to be 12’ from the dwelling instead of the required 20’ setback; and 3. Force Main to be 5’ from the east side property line instead of the required 10’ setback; on property located at 3 North Lane in the Town of Queensbury, and REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 266 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 th Monday, November 18, 2019, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Tim and Kathy Bechard for variances from the Sewage Disposal Ordinance to install a replacement wastewater treatment system as follows: 1. Absorption field to be 3’ from the east side property line instead of the required 10’ setback; 2. Absorption field to be 12’ from the dwelling instead of the required 20’ setback; and 3. Force Main to be 5’ from the east side property line instead of the required 10’ setback; on property located at 3 North Lane in the Town of Queensbury and bearing Tax Map No: 226.19-1-53, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to review by the Adirondack Park Agency during such period. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES : None ABSENT: None PUBLIC HEARING – EVANGELINE H. CASEY-CHOLAKIS AND GEORGE T. CHOLAKIS APPLICATION FROM CHAPTER 137 “SEPTIC SYSTEMS” –SEPTIC INSPECTION UPON PROPERTY TRANSFER PUBLICATION DATE: NOVEMBER 8, 2019 SUPERVISOR STROUGH-This is a request from our septic inspection upon Property Transfer Law. At least one of the arguments is that the house is located in the Town of Queensbury, however, the septic system is located in the Town of Fort Ann. Please introduce yourself and elaborate if you wish. NIA CHOLAKIS, ESQ. –I am an Attorney in Latham. I am representing the applicants George Cholakis and Evangeline. To give a little bit of background. The Cholakis’s purchased this property in 2013. They occupied the home as a secondary residence since that time frame for estate planning purposes only. They titled to REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 267 themselves essentially the Living Trust, which they are the sole beneficiaries, unaware that the Town passed this Local Law requiring a septic certification connection with a conveyance. During the course of the latter part of the summer, they became aware of this from the Building Department. They did undertake to start the process. They did not really fully understand exactly what was being asked of them from the Building Department. The Building Department also then mentioned that it was possible that they could ask for a waiver given the circumstances. This is why we are here today. My contentions are three fold. One that this really is not a conveyance under the terms the normal sense of conveyance. They were the transferors. They remain the transferees. There was no consideration for this transaction. It is really, as I said for estate planning purposes. Both trusts of Living Trusts so they can convey back out to themselves at any time. It is revocable at any time. From that standpoint, it is my assertion that this is not a conveyance in the normal sense of the term conveyance. Obviously, the Local Law would attach on the sale with the party. If either one of them were to die then their contingent beneficiaries then at that point there would be a conveyance where they would have that certification. Secondly, back in 2015 so approximately three years and nine months prior to the transfer to the Living Trust they undertook to have a window replaced with a sliding door. At that time for whatever reason, the Town required that they do a septic certification and they did do that at that time. My clients contacted me at that time. They didn’t really understand the reason for a septic certification just because you are changing out a window for a door. They complied and they did do that. They provided the certification the necessary certification to the Town in connection with that renovation and undertaking. Lastly as you had indicated Mr. Supervisor that the septic system itself is located in the Town of Fort Ann across the street. I don’t remember exactly the address. It is property owned by Kenneth Ruskin. I also contend that the Town does not have jurisdiction over the septic system in question. I would be happy to answer any questions. SUPERVISOR STROUGH-Lets start from the bottom and work up. The septic system includes all the piping. It includes the septic tank. It includes the pumping tank. It includes the lines going to the distribution tank. It includes the absorption field. ATTORNEY CHOLAKIS-Correct. SUPERVISOR STROUGH-Not all parts of the septic system are in the Town of Fort Ann. ATTORNEY CHOLAKIS-You are correct. The pumping station the leach fields the only thing I believe that is located in the Town of Queensbury is the actual tank and obviously the line running to it. SUPERVISOR STROUGH-I believe the septic tank and the pump stations and the line leading to the distribution tank are on the Town. Am I correct? ATTORNEY CHOLAKIS-I am not certain of that. I was under the impression that the pumping station and the absorption fields and leach fields are all located in Fort Ann. Then only the septic tank and the line leading across the street essentially are located in the Town. TOWN COUNSEL HAFNER-Mr. Supervisor. We gave you a memo earlier asking that at the end of the public hearing you would give us time to put together a memo with some information that we gathered. We met with Dave Hatin this morning. He said that the pump station is located in the Town of Fort Ann. SUPERVISOR STROUGH-Okay. Just the septic tank? ATTORNEY HAFNER-I will have to find out about that. I know for sure it goes down the road….parcel that is three down and that is in the Town of Fort Ann. It goes across the street to a leach field that is in the Town of Fort Ann. GEORGE CHOLAKIS-The septic field and the pump station is across the street in the Town of Fort Ann, Washington County. SUPERVISOR STROUGH-Part of the system is in the Town of Queensbury and part of it is in the Town of Fort Ann. MR. CHOLAKIS-I am not very mechanically inclined. Waste comes out goes into my box in the front of my house, which actually may also be in the Town of Fort Ann because my carport is in the Town of Fort Ann. ATTORNEY HAFNER-We will clarify that for the Town Board. MR. CHOLAKIS-Then goes across the street to the pump station into the leach field. ATTORNEY HAFNER-We will get you that information. SUPERVISOR STROUGH=It is not clear in the documents you supplied what is what. So, that is an unknown. ATTORNEY HAFNER-The bulk of it is in Fort Ann. REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 268 SUPERVISOR STROUGH-My point was…. ATTORNEY HAFNER-You are right. We agree the whole system is not…parts in the Town. The residence is in the Town. ATTORNEY CHOLAKIS-I am looking at the survey that was submitted in connection with this application. The survey indicates a hash line that shows the dividing line between the Town of Queensbury and the Town of Fort Ann. I would say the bulk if not all of the blacktop area and all of the carport with the exception of a quarter of that carport are both located in the Town of Fort Ann. As my client indicated and that was my understanding as well. That the septic tank itself is in the front yard abutting Pilot Knob. I would contend that is also in the Town of Fort Ann. I believe that the engineering report that was submitted with this application was also submitted when the certification was done. It also provides some guidance in that regard. SUPERVISOR STROUGH-I look at where the property line in our Town property locator, which we know is to a degree accurate, but not one hundred percent. Then I see two dotted lines on yours. One indicating where ours indicates where the Town line is. Then you have another Town line there that I am not sure. In any event… ATTORNEY CHOLAKIS-They may have been setbacks or something. I think there is a line that runs diagonal kind of parallel to Pilot Knob. I believe that is the Town line. SUPERVISOR STROUGH-The other thing is in 2015 you had a septic certification. ATTORNEY CHOLAKIS- Correct. SUPERVISOR STROUGH-That was just a visual review according to the engineer. ATTORNEY CHOLAKIS-What do you mean a visual…. SUPERVISOR STROUGH-It was just a visual inspection that is all it was. ATTORNEY CHOLAKIS-Whatever the Town had required in connection with the substitution of the window for the door was done. SUPERVISOR STROUGH-Maybe a visual inspection is all that was required at the time. ATTORNEY CHOLAKIS-Okay. ATTORNEY HAFNER-Again Town Board this is the new septic transfer code that we have. It has very different inspection requirements than what was required then. The concern the Town Board has was septic tanks near Town waters and waterfront residential it is a much more involved inspection process. ATTORNEY CHOLAKIS-He does conclude that based upon his review of the design plans and he also inspected the area of the absorption fields. It was his opinion that the septic tank combined with the pump station and the absorption fields have been designed and installed in a manner consistent with the Town of Queensbury, Chapter 136, as well as New York State Department of Health standards. SUPERVISOR STROUGH-He says. I have inspected the area of both which is coming to a question absorption field and find no visual evidence of failure or operational issues. With the absorption fields, plural. You have more than one absorption field. ATTORNEY CHOLAKIS-I do not know the answer to that question. SUPERVISOR STROUGH-It is plural. Tom Hutchins dated September 14, 2015 to Craig Brown. ATTORNEY CHOLAKIS-The next paragraph he says absorption field singular. I contend it is a typographical error. SUPERVISOR STROUGH-The other thing that kind of confused me is that the system was put in 1988. Yet they talk about plans prepared by Nace Engineering in 1999. I am kind of confused as to what is going on there. MR. CHOLAKIS-So far as to purchasing the house in 2013. They added a bathroom in the basement. They did upgrade. There is a grinder pump so that all has been upgraded since 1988. I believe I am not a hundred percent sure. SUPERVISOR STROUGH-So you do have two septic systems? REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 269 ATTORNEY CHOLAKIS-One septic system. There may be a grinder pump in the basement. There is only one system one tank. SUPERVISOR STROUGH-Let me read to you what is in the Hutchins engineering same thing. The last paragraph on the first page. The referenced plans prepared by Nace Engineering show a separate septic system designed to serve new residence constructed in 1999 on Fort Ann parcel 82.-1-10. This system completely separate from the combined absorption field located on the same parcel, although they are adjacent. MR. CHOLAKIS-Okay. I will be as a brief as I can be. The gentlemen who has a house in front of us. The original owner of that house built three additional houses for his children. The fourth house is across the street. They have their own septic field. The three houses on the lakeside share a septic field on the lower part of the parcel across the street. I assume that is what he is talking about with two absorption fields. SUPERVISOR STROUGH-I have to think two hundred and fifty dollars paid to the Town of Queensbury to inspect your system might well be worth it. MR. CHOLAKIS-Three and a half years ago I had to spend a thousand dollars. It is going to cost me at least a thousand dollars or fifteen hundred dollars to get a septic guy out there. I already had him out there once. He has to come out two more times. SUPERVISOR STROUGH-That is a good thing. MR. CHOLAKIS-We do the right thing. We pump the system out. There is nothing wrong with our system. Again, as my Attorney can tell you there is no real conveyance here. SUPERVISOR STROUGH-I am just saying. If I were you, but I am not. I would pay the two hundred and fifty dollars to get my system inspected. If it is, fine great. That is a good feeling to know. MR. CHOLAKIS-Mr. Supervisor it is not just two hundred and fifty dollars. ATTORNEY CHOLAKIS-That is just a Town fee. The later part of the summer… MR. CHOLAKIS-It was Labor Day weekend. ATTORNEY CHOLAKIS-The Building Department came out and spoke with my client. At that point asked him…. MR. CHOLAKIS-Again I am not a technical person. I don’t have any idea what happens to my place. SUPERVISOR STROUGH-That’s okay most people don’t. MR. CHOLAKIS-I was enjoying the lake on Labor Day weekend. Mr. Hatin walked down to my dock and told me the bad news. He told me what I needed to do so I did it. It wasn’t exactly the way he wanted it. He wanted two risers instead of one riser. I have already paid IBS Septic to come out. It cost me four hundred dollars. I had to have them come out a second time and then a third time with the Town. That is why we asked for the variance. I have done it three and a half years ago. SUPERVISOR STROUGH-It was just a visit. MR. CHOLAKIS-I changed for a Trust. There is no conveyance at all. I didn’t sell the property to somebody. SUPERVISOR STROUGH-It seems like your systems are not your cut and dried simple system. There are several beds. Maybe several houses sharing the bed. ATTORNEY CHOLAKIS-That is the way it has been for over twenty years. SUPERVISOR STROUGH-That is another reason… ATTORNEY CHOLAKIS-They’re are other people that own properties that are serviced by the same system. Again, to the extent that there was a conveyance I would say it triggers a review of the system. There was no conveyance. When Mr. Cholakis transferred title to himself and his wife transferred title to herself there is not conveyance. It is not in the spirt of the language of the law, as I perceive it. SUPERVISOR STROUGH-I am just saying. You are next to Lake George. We are care and are concerned about the quality of water. ATTORNEY CHOLAKIS-Everyone is concerned and cares about that. We don’t think there is an issue. We don’t think that the law as it as intended deals with the issue at hand. SUPERVISOR STROUGH-Most of the time when we inspect septic systems there is a problem with the D box. In other words the D box is settled. It is not distributing the effluent… MR. CHOLAKIS-I don’t know what that is. REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 270 SUPERVISOR STROUGH-The distribution box. I am sorry. I hate people using acronyms and I am guilty. MR. CHOLAKIS-That is. SUPERVISOR STROUGH-When your system leaves your house it goes to the septic tank. For your situation, because it is not gravity fed it goes to a pump station, which goes to the field. It doesn’t go directly to a field it goes to a D box. Your field has various lines. They are supposed to all get fed evenly. A D box is to assure they are getting fed evenly. What happens is the D box shifts so the holes now are feeding some of the lines continuously. They will plug up and the system will start failing. The D box is assure longevity to your system. In other words, it is almost to your best interest to get that D box checked. The whole key to a whole system is the D box. MR. CHOLAKIS-The system inspected by IBS Septic. SUPERVISOR STROUGH-He inspects the septic tank the D box. MR. CHOLAKIS-Where is the D box? SUPERVISOR STROUGH-The D box is over by your field. COUNCILMAN METIVIER-The D box is what distributes gases. MR. CHOLAKIS-It is by the septic field. SUPERVISOR STROUGH-Yes, but it is part of the system. It is the system that feeds the house and it is next to Lake George. MR. CHOLAKIS-I guarantee that IBS Septic inspects that. COUNCILMAN METIVIER-No they do not. That is the whole point of the law that we proposed and passed. It goes beyond somebody sticking their head down into the septic system. MR. CHOLAKIS-So the pump station, the D box, and the septic field… COUNCILMAN METIVIER-Are different from your septic tank. MR. CHOLAKIS-Three of those are located in the Town of Fort Ann, Washington County. COUNCILMAN METIVIER-That we have to address, this. This is a very unique situation. We can change the law to say if the house is in Queensbury period it has to be inspected. You can’t use that argument that just because your system is in another Town that doesn’t mean you don’t comply with the law. This law is a working document we can simply make a change. As far as the conveyance, we didn’t even struggle about this. The fact remains when my grandparents conveyed the house to my mother with a system that was so failed that we were just dumping into the lake that is what we needed to address. Unlike most people that sell a house and make one point five million dollars and there is money there. When you convey to yourself or your wife or family where there is no money involved that is when we need to have those systems inspected. Those are the ones that have failed. That is exactly why we wrote the law the way we did. When you do these trusts, the system needs to be inspected. As your children take over the house before they accept ownership, we need to know that septic system does not fail. ATTORNEY CHOLAKIS-We conceded that sir. You reiterated what I am saying. The example that you used the grandparents conveying to your mother. This is Mr. Cholakis owning the house the day before the conveyance and owing the house the day after the conveyance. Should he get hit by a bus tomorrow and he dies his interest then goes to his children as an example that would trigger a conveyance under the law. COUNCILMAN METIVIER-We specifically addressed any deed conveyance whatsoever falls under the new law. ATTORNEY CHOLAKIS-It is in a Revocable Trust. It is a Living Trust. It is not a Testamentary Trust. It is a Living Trust. Tomorrow they could convey title back out to themselves. REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 271 ATTORNEY HAFNER-Town Board we are going to give you legal input about that particular point. We do not have the same total conclusion that is being put forth. We will give you our advice in an Attorney-Client privileged memo when we finish our analysis. SUPERVISOR STROUGH-Nia, George we are going to have a public hearing on this. I don’t know if there is anybody here. Unless the Town Board has any other things that they want to address. COUNCILWOMAN ATHERDEN-It is a thirty one year old system correct. ATTORNEY CHOLAKIS-I don’t think it is… COUNCILWOMAN ATHERDEN-You said eighty-eight. MR. CHOLAKIS-The house was built in eighty-eight. ATTORNEY CHOLAKIS-Then there was an upgrade in ninety-nine. COUNCILWOMAN SWITZER-So it is twenty. SUPERVISOR STROUGH-Is there anybody out in the public that wants an opportunity to speak to this variance application? There is somebody. Would you please have a seat? I might call you back in a little bit. PUBLIC HEARING OPENED MARTIN FILLER-1157 PLIOT KNOB ROAD-This is one of the three houses that uses the septic system. We came late to finding out that there was something going on. I have no real objections to things. I think even Mr. Cholakis said I love the lake we all love the lake. I would think that without that lake if we let it deteriorate we have to take every step we can. If we are going to err, we should always err on the side of protecting that lake. It is the most valuable asset around. I had my Attorney Matt Fuller submit a write up on this already. I don’t intend to take up your time and read it into the record. I would like it placed into the record. SUPERVISOR STROUGH-We did receive it. Karen it is part of the record. MR. FILLER-That septic does require a certain pump out. All three of the houses contribute. I believe I contribute more than the others that is because my house is bigger. That is okay. If there is work that has to be done and it falls upon all of the owners, it would fall on me also. That is also okay. I believe that the lake must be protected in every way that is possible. That is all I really want to say. SUPERVISOR STROUGH-Would you like to see a distribution box inspection? MR. FILLER-I would like to see a current inspection report. If it needs work, the work should be done. None of us knows if there is, work that needs to be done it is underground. We lost the ability to look into the ground. SUPERVISOR STROUGH-We could work with you to arrange that. Thank you very much for your input. I don’t mean to cut you short if you have anything else you want to add. We did receive the thoughts on behalf of your Attorney. MR. FILLER-I can point out that most of these houses are vacation homes. Except we have just now in the past two months my significant other has taken a job locally and we are spending much more time here. If a system was going fail, it will fail with a lot of usage not for just a brief summer usage. I am happy to see it gets check. SUPERVISOR STROUGH-Thank you. Anybody else from the public wish to speak to this variance application. That is a variance application from Chapter 137. There is so much information that we need to know. I am going to close the public hearing. We are going to work with the Attorney’s and probably you folks to come up with some kind of conclusion here. MEYER, FULLER & STOCKWELL LAKE GEORGE PLLC , . "1",-""'!" November 18,2019 a Queensbury Local Board of Health Town Board Town of Queensbury c't 742 Bay Road t of 5 LR Queensbury,NY 12804 Re: Septic Variance Application of Evangeline H. Casey-Cholakis, Trustee, et al Property: 1155 Pilot Knob Road, Queensbury,New York Dear Town Board Members: Our firm is counsel to Martin Filler, owner of property benefitted by the septic system that is the subject of the above variance application. We write this day in support of the Septic Inspection Local Law, and also in partial support of the variance request,but for far more limited reasons that those set forth by the applicant. In short, we would"concur in part, and dissent in part". On behalf of Mr. Filler, we want to express his unwavering support for Chapter 137 of the Queensbury Town Code, which we note is the "Septic Inspection Upon Property Transfer"Local Law(hereinafter the "Septic Law"), and not the"Zoning Law"as the applicant suggests. Our client is firm in his stance that the goals of the Local Law-protecting water bodies from exposure to excess nutrients and pollutants- are laudable and need to be supported with full effort. Hence our client's disagreement with some of the arguments presented by the applicant. However,the application does point out some legal issues that need to be resolved. As with virtually any law, as the law is put into work,we learn of things that we did not necessarily know or contemplate when we drafted or adopted such a law. In other words, no one has a clear crystal ball. This application points out some of these issues that do need to be addressed, and to which we could be construed to agree with the applicant. To the point of the letter: 1. Jurisdiction: We actually agree with the applicant on the question of jurisdiction. There is nothing in any State or local law, and indeed we question whether there even could be, that states that a septic system must be physically located in the same municipality as the structure that it services. That is the unique situation with Pilot Knob, areas of Ridge Meyer, Fuller $ Stockwell, PLLC 1557 State Route 9, Lake George, NY 12845 518.668.2199 meyerfuller.com - f Road, Route 9L, etc. There are properties that straddle not only the Town of Queensbury municipal boundary, but Warren County/Washington County as well. In this instance, we have a shared septic system that is physically located in the Town of Fort Ann, Washington County. Unfortunately,we find no legal basis for the Town of Queensbury to extend its municipal arm beyond its municipal boundary and into Washington County. Such might be considered the great invasion of 2019 were the law otherwise. As the facts currently stand,the Town of Queensbury does not have jurisdiction, and therefore inspection jurisdiction, over a septic system in Washington County. Therefore, the law unfortunately cannot apply to these properties. I should also note for the record that our client actually has no issue with the application of the law to his property, were his septic system located entirely in the Town of Queensbury/Warren County, and would also have no problem voluntarily agreeing to such an inspection were the septic system located in Washington County solely his. He fully understands the potential financial and practical considerations appurtenant to these inspections, and supports the Town Board's Septic Law. That said, he is also an attorney and agrees with the jurisdictional issue here. Looking forward,the Town may need to employ some sort of agreement whereby at the time of application for a new system, any system located outside the municipal boundary of Queensbury that services a structure in the municipal boundary of Queensbury, is by agreement subjected to the requirements of this Septic Law. Absent such agreement,we do not see that such agreement can be forced based on the current facts. 2. Conveyance: We disagree with the applicant that the conveyance from an owner to a trust benefitting said owner is anything other than a conveyance under the Town's local law. The Town's local law says nothing of"beneficial", and indeed, from the informational meetings that the Town held, it is quite clear that the Town intended any conveyance instrument to trigger this Septic Inspection Local Law. That said,we also have noted instances where, for example, a spouse is added to a deed to the real property. Is that the "conveyance"the Town envisioned? In reality,the non- titled spouse may very well already have a claim to the real property regardless of the status of title, but this is an open question of interpretation out here within the Bar. I have also noted, and continue to believe,that there are emergency situations that may arise requiring title to be immediately processed and recorded, such as the health of a grantor, etc. However,perhaps that is the proper opportunity for variance, should that ever arise. 3. Owner: The finial issue here, not addressed in the Septic Law, is joint use and ownership of septic systems. Harkening back to the intent to trigger as many septic inspections as possible, and thus identify as many failing or substandard systems as possible, we agree that a conveyance by one owner of a jointly owned septic system would likely trigger an inspection. However, any variance application related to that system must necessarily Meyer, Fuller& Stockwell, PLLC 1557 State Route 9, Lake George, NY 12845 518.668.2199 meyerfuller.com require the signatures of all owners. In addition,the actual disruption appurtenant to such an inspection would similarly require the consents of all owners. Here, the applicant discloses that there are other owners to this system, namely, Filler and Gruskin, neither of which are parties to this application, nor were they signatories to same. Thus,the variance application is factually deficient absent their consent to, and signatures on, the application at hand. We recognize that this will likely pose a logistical issue to the Town in regard to variance applications, but I believe the Town creates more legal issues by empowering one owner over the rights of another owner. In addition,we also recognize that this poses some unique title questions for local property owners vis-à-vis the transfer of property that is serviced by a jointly owned septic system. 4. Support of Variance: This brings us to our support for the variance application. On the unique facts presented, namely(a)the actual inspection of this system 3 years and 9 months ago as noted by the applicant as well as the pump out maintenance since then, and(b)the lack of jurisdiction as noted above, our client concurs that the existing system should not be disrupted for an inspection again. However, we base this solely on the fact that an inspection by a reputable engineer was conducted in 2015, and to that end,we believe that the applicant should contact Mr. Hutchins, and a more current letter should be obtained from him. In the event he requires any sort of inspection or evaluation to offer his opinion,then the applicant should obtain same so that the Town is relying on the best information before it. Put another way, relying on a letter dated back from 2015, now here in 2019, on facts and circumstances that may not be identical to that proposed in this variance,would be improper, and could impact the opinion of the engineer in question. Thus, Mr. Hutchins should be contacted for his current opinion. If he requires some updated inspection, etc.,that should be obtain so that everyone is satisfied. In conclusion, on behalf of our client Martin Filler,we agree with the variance application on the limited grounds noted above, and object to same based on our comments noted above. Thank you. Sincerely, Matthew F. Fuller, Esq. mfuller(ameverfuller.com Meyer, Fuller & Stockwell, PLLC 1557 State Route 9, Lake George, NY 12845 518.668.2199 meyerfuller.com REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 272 PUBLIC HEARING CLOSED- NO ACTION TAKEN RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF WILLIAM AND KATHY BOSY RESOLUTION NO.: 48, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION 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, William and Kathy Bosy (Applicants) have applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system as follows: 1. Septic tank to be 2’9” from the property line instead of the required 10’ setback; 2. Septic tank to be 2’5.75” from the foundation instead of the required 10’ setback; 3. Pump chamber to be 2’6.75” from the property line instead of the required 10’ setback; 4. Pump chamber to be 2’0.25” from the foundation instead of the required 10’ setback; 5. Pump line to be 4’10” from the property line instead of the required 10’ setback; and 6. Edge of stone for the pressure bed to be 4’ instead of the required 10’ setback; on property located at 53 Assembly Point Road 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 nd Monday, December 2, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider William and Kathy Bosy’s sewage disposal variance application concerning property located at 53 Assembly Point Road, Queensbury (Tax Map No.: 239.12-2-16) 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. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden NOES : None ABSENT: None RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MIKE WEBER REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 273 RESOLUTION NO.: BOH 49, 2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer 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, Mike Weber (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system as follows: 1. Septic tank to be 3’4” from the property line instead of the required 10’ setback; 2. Septic tank to be 5’5” from the foundation instead of the required 10’ setback; 3. Pump chamber to be 2’5” from the property line instead of the required 10’ setback; and 4. Well to be 80’ from the absorption bed instead of the required 100’ setback with a UV filter with a particulate sensor to be installed on the existing water system; on property located at 519 State Route 149 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 nd Monday, December 2, 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Mike Weber’s sewage disposal variance application concerning property located at 519 State Route 149, Queensbury (Tax Map No.: 278-1-31) 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. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH50, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 274 RESOLVED, that the Queensbury Board of Health adjourns and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 18 day of November, 2019 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT -3MINUTES) HARRISON FREER-Spoke regarding Resolution Authorizing Conveyance of Town Real Property to the City of Glens Falls. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING ROTARY 5K ROAD RACE/WALK RESOLUTION NO. 380, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Rotary Club of Glens Falls Foundation, Inc., has requested authorization from the Queensbury Town Board to conduct its annual 5k road race/walk to benefit Big Brothers Big Sisters and the World Awareness Children’s Museum as follows: SPONSOR : The Rotary Club of Glens Falls Foundation, Inc. EVENT : 5k Road Race/Walk th DATE : Saturday, April 25, 2020 TIME : Approximately 10:00 a.m. PLACE : Beginning and ending at SUNY Adirondack (Copy of course attached) NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby acknowledges receipt of proper proof of insurance from the Rotary Club of Glens Falls Foundation, Inc., to conduct a 5k Road Race/Walk within the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves the Rotary Club of Glens Falls Foundation, Inc., th to conduct a 5k Road Race/Walk within the Town of Queensbury on Saturday, April 20, 2020, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves this event subject to the Town Highway Superintendent’s approval of the race, which approval may be revoked due to concern for road conditions at any time up to the date and time of the event. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 275 RESOLUTION AUTHORIZING ENGAGEMENT OF PENFLEX, INC. SERVICE AWARD PROGRAM SPECIALISTS TO PROVIDE ADMINISTRATION AND SUPPORT SERVICES FOR 2019/2020 AND PROVISION OF 2019 STANDARD YEAR END SERVICES RESOLUTION NO.: 381, 2018 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Queensbury Town Board wishes to engage the services of PENFLEX, INC. Service Award Program Specialists to provide administration and support services during 2019/2020, and the 2019 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 total estimated amount of:  $13,000 – Estimated Standard and Distribution Services Fees; and  $ 345 – NYS LOSAP Audit Package; for a total estimated cost of $13,345, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the engagement of PENFLEX, INC. to provide administration and support services during 2019/2020 and the 2019 standard year end administration services for the Town of Queensbury’s Volunteer Firefighter Service Award Program for a total estimated cost of $13,345, 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. th Duly adopted this 18 day of November, 2019 by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR PURCHASE OF OFFICE TRAILER AT RIDGE ROAD TRANSFER STATION RESOLUTION NO.: 382, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 276 WHEREAS, in accordance with Resolution No.: 230,2019, the Town of Queensbury’s Purchasing Agent duly advertised for bids in the Town’s official newspaper for the purchase of an office trailer to replace the aging office trailer currently in use at the Ridge Road Transfer Station as described in specifications prepared by the Transfer Station Supervisor and/or Purchasing Agent, and th WHEREAS, on September 16, 2019 the Purchasing Agent duly received and opened all bids received by the Town, and WHEREAS, the Purchasing Agent and Transfer Station Supervisor reviewed all received bids and have recommended that the Town Board award the bid to the lowest, responsible bidder, Williams Scotsman, Inc., for an amount not to exceed $56,903, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the purchase of an office trailer for use at the Ridge Road Transfer Station from the lowest, responsible bidder, Williams Scotsman, Inc., for an amount not to exceed $56,903 in accordance with their Bid Proposal of 9/16/2019 presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment for such trailer shall be from Capital Construction Account No.: 009-8160-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such trailer shall be by a transfer of $56,903 from undesignated, unassigned Fund Balance Account No.: 009-0000-0909 to Capital Construction Account No.: 009-8160-2899 and the Town Budget Officer shall amend the 2019 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Transfer Station Supervisor, Purchasing Agent and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ECONOMIC DEVELOPMENT CORPORATION - WARREN COUNTY RESOLUTION NO. 383, 2019 INTRODUCED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 277 WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town and the Economic Development Corporation - Warren County (EDC) recognize the need to revitalize the local economy by increasing the number of jobs for Town residents by attracting high technology and other industries to the area, and WHEREAS, in accordance with the Not-for-Profit Corporation Law §1411(a) and EDC’s Certificate of Incorporation, the purposes of the EDC are the exclusively charitable or public purposes of relieving and reducing unemployment, promoting and providing for additional and maximum employment, bettering and maintaining job opportunities, instructing or training individuals to improve or develop their capabilities for such jobs, carrying on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, and lessening the burdens of government and acting in the public interest, and WHEREAS, the Not-for-Profit Corporation Law specifically finds that corporations organized under §1411 perform an essential governmental function, and WHEREAS, the Town Board strongly supports EDC’s important mission to improve employment opportunities and economic development in the Town, and WHEREAS, the Town wishes to enter into an agreement with EDC and a proposed Agreement has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Agreement with the Economic Development Corporation - Warren County presented at this meeting with funding in the amount of $114,000 to be paid for from the appropriate account, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement substantially in the form presented at this meeting and the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of November, 2019 by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR PURCHASE OF NEW F350 TRUCK FOR REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 278 PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 384, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury’s Director of Parks and Recreation and Recreation Commission wish to advertise for bids for the purchase of a new F350 truck to replace a truck in the Parks and Recreation Department as will be described in bid documents/specifications to be prepared by the Director and/or Town Purchasing Agent, and 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 publish an advertisement for bids for the purchase of a new F350 truck for the Parks and Recreation Department 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. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING AWARD OF BID FOR UTILITY INFRASTRUCTURE/HVAC IMPROVEMENTS AT TOWN HALL AND ACTIVITIES CENTER RESOLUTION NO. 385, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 279 SECONDED BY: Mrs. Jennifer Switzer WHEREAS, by Resolution No.: 483,2013, the Queensbury Town Board established the Town Office Complex Improvements Capital Project Fund #203, and WHEREAS, by Resolution No.: 101,2018, the Town Board authorized engagement of LaBella Associates, D.P.C. (LaBella) related to the design and implementation of utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center (Project), and WHEREAS, LaBella Associates, D.P.C. provided such engineering services and developed bid documents, and WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements set forth in the Town’s bidding documents, and WHEREAS, by Resolution No.: 473,2018, the Town Board authorized the Town’s Purchasing Agent to advertise for bids for the utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center Project (Project) in the official newspaper for the Town of Queensbury and following such advertisement and receipt of bids, the one (1) and only received bid was opened and reviewed th on May 28, 2019, and WHEREAS, the Purchasing Agent, Facilities Manager and LaBella recommended that the Town Board reject the bid as only one bid was received and by re-advertising for bids in the late fall, it was hoped that the Town would receive additional, favorable bids, and WHEREAS, by Resolution No.: 238,2019, the Town Board accordingly authorized the rejection of the one received bid and the readvertisement for bids, and WHEREAS, the Town’s Purchasing Agent published such advertisement for bids and on Friday, th November 8, 2019, duly opened all received bids, and WHEREAS, the Purchasing Agent, the Facilities Manager and LaBella have recommended that the Town Board award the bid for the Project to the lowest, responsible bidder, R. F. Gordon Mechanical, for an amount not to exceed $994,215 (plus an additional amount of $10,400 if the Town later determines that soil removal work is needed), and WHEREAS, the Facilities Manager has advised the Town Board that there are times when REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 280 Change Orders may become necessary for such Contract and has requested that the Town Board also authorize him to approve and sign certain Change Orders up to a five percent (5%) contingency for Change Orders that he deems necessary or appropriate, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and awards the bid for the utility infrastructure/HVAC improvements at Queensbury Town Hall and the Queensbury Activities Center Project (Project) from the lowest, responsible bidder, R. F. Gordon Mechanical, for an amount not to exceed $994,215 (plus an additional amount of $10,400 if the Town later determines that soil removal work is needed), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the Town Facilities Manager to approve and sign Change Orders pertaining to the Contract up to a five percent (5%) contingency or in the total amount not exceeding $49,711 that he deems necessary or appropriate, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that payment shall be from Capital Construction Account No.: 203-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Purchasing Agent, Facilities Manager, and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING CHANGE ORDER FOR PAVING WORK AS PART OF RIDGE/JENKINSVILLE MAINTENANCE BUILDING ADDITION PROJECT RESOLUTION NO.: 386, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 281 WHEREAS, by Resolution No.: 161,2018, the Queensbury Town Board authorized certain withdrawals and expenditures for specific Town Recreation Department capital improvements and maintenance projects including $270,000 toward repairs/improvements for the Jenkinsville Maintenance Building Addition at the Ridge/Jenkinsville Park (Project) which Project included site work including fencing, grading, paving, security, lighting and related site work, and WHEREAS, by Resolution No.: 116, 2019, the Town Board awarded the bid for the Project to AJ Catalfamo Construction, Inc., (Catalfamo) for a total bid amount not to exceed $201,500 and authorized the Town Parks and Recreation Director (Director) to approve and sign Change Orders pertaining to such Project that he deems necessary or appropriate not to exceed a total amount of $10,000, and WHEREAS, Catalfamo has advised that the cost of the Project’s paving work will exceed the authorized aggregate Change Order total amount of $10,000, and WHEREAS, the Director and Recreation Commission have requested that the Town Board authorize the Director to approve a Change Order for such paving work totaling $25,400, which would result in a Project total amount still within the previously authorized Project threshold of $270,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies paving work as part of the Town’s Jenkinsville Maintenance Building Addition at the Ridge/Jenkinsville Park (Project) and authorizes and directs the Town’s Parks and Recreation Director to execute a Change Order in the amount of $25,400 for such paving work with payment for such work to be paid from Capital Project Fund #138 in accordance with the authorizations set forth by Resolution No.: 161,2018, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director and/or Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION TO AMEND 2019 BUDGET RESOLUTION NO.: 387, 2019 REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 282 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer 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 2019 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-1430-4720 HR Consulting 7,500 001-1990-4400 Contingency 001-3310-4160 Traffic Signs 1,200 001-8540-4400 Drainage 001-8989-4414 Community Service 2,000 040-1680-4800 Equipment Repair 040-8310-4010 Office Supplies 2,500 th Duly adopted this 18 day of November, 2019 by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT : None RESOLUTION APPROVING AUDIT OF BILLS - TH WARRANT OF NOVEMBER 19, 2019 RESOLUTION NO.: 388, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as a Warrant thth with a run date of November 14, 2019 and a payment date of November 19, 2019, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 283 RESOLVED, that the Queensbury Town Board hereby approves the Warrant with a run date of thth November 14, 2019 and a payment date of November 19, 2019 totaling $436,851.77, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT : None RESOLUTION AUTHORIZING CONVEYANCE OF TOWN REAL PROPERTY TO THE CITY OF GLENS FALLS RESOLUTION NO.: 389, 2019 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Town of Queensbury owns an approximately 5.15 acre parcel of land located off of Luzerne Road in the Town of Queensbury and identified as Tax Map Parcel No.: 309.6-2-78 (the “Parcel”), and WHEREAS, the Parcel is landlocked and surrounded on the south, east and west by lands owned by the City of Glens Falls, and WHEREAS, the Town Board understands that at some point all or a portion of the Parcel was used by the City of Glens Falls for its surrounding landfill operations, and WHEREAS, the Town Board understands that the City closed its landfill and that the landfill closure and certain site remediation efforts are being overseen and required by the New York State Department of Environmental Conservation, and WHEREAS, the Town Board believes that the Town has no use for this parcel and considers it surplus property, WHEREAS, it is in the Town’s best interest to convey the Parcel to the City of Glens Falls pursuant to the following terms, which include the City executing an agreement holding the Town harmless for environmental issues related to the Parcel, and WHEREAS, the Town Board is authorized by New York State Town Law §64(2) to convey the Parcel, and REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 284 NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Parcel described in the preambles of this Resolution is not needed for Town purposes, and BE IT FURTHER, RESOLVED, that the sale price of $1,000, together with the City’s execution and delivery of an agreement holding the Town harmless from environmental issues related to the Parcel, constitutes fair, adequate and reasonable consideration for the Parcel, and BE IT FURTHER, RESOLVED, that in accordance with Town Law §64(2), the Town Board hereby authorizes the sale and conveyance of the Parcel to the City of Glens Falls for the sale price of $1,000, together with an agreement holding the Town harmless, such agreement to be in a form acceptable to the Town Supervisor and Town Counsel, and, BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Counsel to execute and deliver instruments and documents necessary in a form acceptable to the Town Supervisor and Town Counsel, and take any other actions deemed necessary or reasonable to effectuate the sale, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs that proceeds received from the sale are to be deposited and accounted for in an account determined by the Town Budget Officer, and BE IT FURTHER, RESOLVED, that this Resolution is adopted subject to permissive referendum in accordance with Town Law Article 7 and shall not take effect until such time as provided therein and the Town Board authorizes and directs the Town Clerk to post and publish the notice required for Resolutions subject to permissive referendum and take such other actions as may be required by law. th Duly adopted this 18 day of November, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None 4.0 CORRESPONDENCE NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT-4 MINUTES) REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 285 PAUL DERBY, RESIDENT OF GLEN LAKE-Spoke to the Board regarding his concern with the height of the new ride that is being proposed by the Great Escape noting it goes against the Environmental Impact Statement that was done for the Great Escape. Invited all citizens of Queensbury to attend the Planning Board Meeting on Tuesday November 26, 2019 to note their concerns. SARAH KIMBLE-Spoke to the Board regarding her concern with the speed of traffic on Blind Rock Road and the lack of lighting particularly around the curve near Hunterbrook Apartments. DEBORAH PERSELL-Spoke to the Board regarding her concern with the speed of traffic on Blind Road Road. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER (WARD I)  Spoke regarding the Property Transfer Law.  Congratulated Board Members on their win; in the Election COUNCILWOMAN ATHERDEN (WARD II)  Wished everyone a Happy Thanksgiving. COUNCILMAN FERONE (WARD III)  Attended the Albany Business Review at the Queensbury Hotel last week regarding the Future Investment of the City of Glens Falls. It was about Glens Falls, but Queensbury did receive some kudos for being a good neighbor in working with them through the development through the whole area.  Adirondack Regional Chamber of Commerce is doing a State of Warren County on Thursday, November 21, 2019 at the Park Theatre in Glens Falls at 7:30 a.m. You may register through the Chamber’s website. COUNCILWOMAN SWITZER (WARD IV)  Spoke regarding the Volunteer Income Tax Program with the United Way. They are looking for volunteers as well as those individuals who would be able to get their income taxes prepared free for individuals that make $56,000, or less. You can contact the United Way if you are interested in volunteering or if you meet the income threshold they can get you signed up. SUPERVISOR STROUGH  Reviewed the Fall Leaf pickup schedule.  Received check from NYSERTA $37, 500, which follows the check received in March for $12, 500 for a total of $50,000 in grant money. This pays for Main Street, Route 9 decorative LED Street Lighting and our new Subaru All Wheel Drive SUV Hybrid Electric Car.  Listed winners of the Beautification Awards.  Received letter from Lake George Association.  The Governor signed the Legislation regarding removal of four parcels from the Glen Lake Aquatic Management District.  Assemblyman Dan Stec and Committee Members sent letter thanking me for my participation on the New York State Assembly Minority Task Force on Water Quality.  Kathy Bozony thanked the Town Board, Town Staff and Clean Energy Community Committee that helped facilitate this opportunity noting it was a successful effort.  Supervisors Report to Community and Board  Thanked Look TV and sponsors StoredTech. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 390, 2019 INTRODUCED BY: Mrs. Catherine Atherden WHO MOVED FOR ITS ADOPTION REGULAR TOWN BOARD MEETING, 11-18-2019, MTG#36 286 SECONDED BY: Mrs. Jennifer Switzer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 18 day of November, 2019, by the following vote: AYES: Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier NOES: None ABSENT:None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY KAREN O’BRIEN, DEPUTY CLERK