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11-16-2020 MTG #36 REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 188 REGULAR TOWN BOARD MEETING MTG #36 November 16, 2020 BOH #54-57 7:00 P.M. RES. 367-382 LL #10 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE BOARD MEMBERS ABSENT COUNCILWOMAN AMANDA MAGEE TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS CHRIS HARRINGTON, WATER/WASTEWATER SUPERINTENDENT PRESS LOOK TV PEPE PRODUCTIONS POST STAR (REMOTE) SUPERVISOR STROUGH called meeting to order… 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.: 367, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns from Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 16 day of November 2020 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mrs. Magee CONTINUATION OF PUBLIC HEARING: ROBERTA KAHAN’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES NOTICE SHOWN PUBLICATION DATE: OCTOBER 23, 2020 REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 189 SUPERVISOR STROUGH- This is for a septic system on 61 Knox Road. There was some concerns by neighbors of potential damage of tree roots and trees so we met there and talked it over with the neighbor and talked it over with the applicant and engineer for Robert Kahan who owns 61 Knox Road. We had a public hearing on this and the public hearing is still open. But we made some changes and I think the neighbors, the changes will be more to their liking. Instead of four variances this proposed change only requires one variance; that the absorption bed be two foot from the south side of the property line instead of the required 10 foot setback. So if you would like to elaborate further, Dennis. DENNIS MACELROY, AGENT- Yes, thank you. I’m Dennis MacElroy with Environmental Design. I am representing Roberta Kahan for this Board of Health wastewater variance for this property. As explained, this is a replacement wastewater system. The Kahan’s are an elderly couple thinking forward to a point of transfer at some point…next generation so they want to have a replacement system in place, at least approved and in place for construction as needed. So we’ve provided a design on a pipe area that required some setback variances. As indicated, the neighbor to the north had some initial concerns about trees that were along the property line so in order to accommodate that the Kahan’s have chosen to a placement of the septic tank that would absolutely require a large tree removal on their property to avoid some potential for damage the root system of the trees that are on the property line. For the record, I indicate that the owners have stepped up to do something that would accommodate that other concern that reduces the variances just the property on the south side. It’s my understanding that the owner to the south is supportive of the proposal and they’d like to move forward with this revision to the application. SUPERVISOR STROUGH- Alright, any questions from the Board before I return to the public hearing? COUNCILMAN FERONE- No. Dennis, I don’t know if you’re aware that we got an email where the neighbor to the north said he’s removing his objection that he was okay with all the changes. MR. MACELROY- Great, thank you. SUPERVISOR STROUGH- Okay. Is there anybody from the public that wishes to speak to this application for sanitary sewage disposal? It’s a variance request and it’s for Roberta Kahan at 61 Knox Road. Is there anybody here tonight that wishes to speak to this? Is there anybody that’s watching YouTube and you want to do the call in? You have to have caller ID. I have to be able to identify you. The number is area code 518 761-8225. While I’m doing that, is there anybody who’s watching this through Zoom, please indicate your interest in speaking to this particular application for sanitary sewage disposal variance for Roberta Kahan on 61 Knox Road. One variance is being requested and that is the absorption field to be two foot from the south side property line instead of the required 10 foot. Seeing no interest from Zoom and hearing no call ins and nobody of the public present wishes to speak to this application, I will entertain a motion to approve if it exists. NO PUBLIC COMMENT RESOLUTION APPROVING ROBERTA KAHAN’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 54, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 190 WHEREAS, Roberta Kahan (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a replacement wastewater system on property located at 61 Knox Road in the Town of Queensbury with certain of its components to be located as follows: 1. Absorption field to be 2’ from the southside property line instead of the required 10’ setback; 2. Force main piping to be 5’ from the northside property line instead of the required 10’ setback; 3. Effluent line piping to be 5’ from the northside property line instead of the required 10’ setback; and 4. Septic tank to be 3’ from the northside property line instead of the required 10’ setback; and WHEREAS, by letter dated November 5, 2020, the Applicant submitted a revised variance plan which would eliminate the three previously requested variances for setback relief to the northside property line, leaving only the one variance request for setback relief for the absorption field to be located 2’ from the southside property line instead of the required 10’ setback, and WHEREAS, the Town Clerk’s Office published a Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted public hearings concerning the ndth request on Monday, November 2 and Monday, November 16, 2020, 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 variance, the Local Board of Health determines that the variance 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 variance is necessary for the reasonable use of the land and is the minimum variance which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 191 RESOLVED, that the Local Board of Health hereby approves the application of Roberta Kahan for a variance from the Sewage Disposal Ordinance to install a replacement wastewater system with its absorption field to be located 2’ from the southside property line instead of the required 10’ setback on property located at 61 Knox Road in the Town of Queensbury and bearing Tax Map No: 239.7-1-12, 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 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF MICHAEL GRASSO RESOLUTION NO.: BOH 55, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal Ordinance, and REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 192 WHEREAS, Michael Grasso (Applicant) has applied to the Local Board of Health for variances from Chapter 136 to install a replacement wastewater system with its septic tank to be located: 1. 3’ from the house instead of the required 10’ setback; and 2. 40’ from the well instead of the required 50’ setback; on property located at 23 Rappaport Drive 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 th on Monday, December 7, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Michael Grasso’s sewage disposal variance application concerning property located at 23 Rappaport Drive, Queensbury (Tax Map No.: 239.12-2-76) 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 16 day of November, 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Magee RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF DAVE BARLOW RESOLUTION NO.: BOH 56, 2020 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 193 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, Dave Barlow (Applicant) has applied to the Local Board of Health for variances from Chapter 136, §136-11 which requires that an applicant obtain a variance for holding tanks, as the Applicant wishes to install two (2) 1500 gallon capacity holding tanks, thus meeting the required total capacity of 3,000 gallons, with the holding tanks to be located 4’ from the structure in lieu of the required 10’ setback on property located at 18 Ward Lane in the Town of Queensbury, and WHEREAS, Town Code Chapter 137 Article I “Septic Inspection Upon Property Transfer” requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the sale of certain real property, and WHEREAS, a change of deed for the Applicant’s property occurred on June 17, 2020 and when the required property transfer septic inspection took place, it was found that the existing wastewater system was deficient but the proposed holding tank wastewater system was not able to be completed within the required six (6) month time period, and WHEREAS, the Applicant has accordingly applied for a timeline extension or until June 8, 2021 to install the holding tank system and the Local Board of Health will consider this request at the time of the public hearing on the requested variances from Chapter 136, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing th on Monday, December 7, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider Dave Barlow’s sewage disposal variance application concerning property located at 18 Ward Lane in the Town of Queensbury and bearing Tax Map No.: 240.6-1-7 and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 194 th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Magee PUBLIC HEARING: SANITARY SEWAGE DISPOSAL VARIANCE APPLICATION OF CHRIS ABELE/ROCKHURST LLC NOTICE SHOWN PUBLICATION DATE: NOVEMBER 6, 2020 SUPERVISOR STROUGH- It’s 10 Polk Road, which is off of Assembly Point Road. They are asking for two variances: the absorption bed is to be five foot from the property line instead of the required 10 foot setback and 70 feet from Lake George instead of the 100 foot setback. We talked to the engineer of this application and they are going to try and engineer some changes. But the absorption system is a Puraflo Peat Fiber Biofilter System. But there are probably going to be changes so we’re not to act on this tonight; that’s the agreement with the Board, I think. But we do want to listen to what the public comments are on this. Dennis, I don’t know if you want to speak to this at this time, if you’re still here. COUNCILMAN METIVIER- I think Dennis left, actually. SUPERVISOR STROUGH- He left. COUNCILMAN METIVIER- He left. SUPERVISOR STROUGH- Alright. He’s going to do some work on this. I will give everyone the opportunity to speak to this. So we have three formats going in our effort in trying to be as open and as transparent as we possibly can. One is we have the public and we have the public socially distant and they have their masks on. If you are sitting down and you’re socially distant, you can have the option of removing your mask. If you come up here and you are by yourself, you can remove your mask; but you have to return it when walking around in the room. I also have YouTube going on and YouTube can do call-ins at the appropriate time. I will mention when I would like you to do the call- in. The call-in is (518) 761-8225. Then we also have Zoom set up. It’s set up as a webinar and we have 18 attendees on that Zoom… There is an indicator if you wish to speak. A little blue hand usually goes up and gives me the indicator that you want to speak. I will give you the opportunity but I am going to go with the present public first. Alright, with members of the public who are here today/tonight in this building, is there anyone who would like to speak to this application from Chris Abele for sanitary sewage disposal variance for property located at 10 Polk Road. Carol, I believe you wanted to speak… CAROL COLLINS- Hi, my name is Carol Collins. I live on Assembly Point. I don’t want to go into the whole project. COUNCILMAN FREER- I’m sorry, Carol can you take you mask off so we can get a better recording. MS. COLLINS- Okay. COUNCILMAN FREER- Yeah. MS. COLLINS- I would have put lipstick on. SUPERVISOR STROUGH- You look great. MS. COLLINS- Okay. I think what I want to speak to is the performance of the enhanced treatment systems. I think there’s a little bit of confusion because they are a well performing system and I heard the comment “do not let the perfect be enemy of the good” to justify, you know, putting in these REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 195 systems. I’m not opposed to an enhanced treatment system at all but I want to let you know what the shortcomings of these systems are and specifically, the shortcomings related to phosphorus. I think all of you know that phosphorus is the fuel generating source of … and we’ll get onto that afterward. It’s certainly the limiting resource in Lake George that we all need to pay attention to. It’s really the only tool we have in protecting that environment. So the ETU’s do a great job in reducing things like biological oxygen demand, total suspended solids and others. That’s great, but the big but is it doesn’t remove phosphorus, none of them do. That’s the job of the soil absorption system, fully, totally. You speak with engineers at Puraflo, Clarus Fusion, as I have. I have the information. I’m happy to share it with you; specifically…they can’t do that. It’s a very difficult, expensive proposition and they leave that up to the soil absorption fields and they strongly believe that the State’s recommendations on… and soils are critical and they should be observed at all costs. So, I wanted to let you know that because I just hear it over and over again that these things do everything. Yeah, they do, but not enough. This is a real critical issue in the New York City watershed…make sure we preserve our soil absorption fields. It should be in the Lake George watershed, as well. I wanted to make sure you fully understand that because I think we’re seeing a lot more requests to compromise our soil absorption fields. I think there’s a couple here tonight, as a matter of fact. You know, specifically for this project, where there is a request to … within 70 of the shoreline. I think the same applicant actually got a variance for a 76 foot setback by the Board back in 2014 and certainly, this is not the precedent we want for a soil absorption field located this close to Lake George. We’ve seen hazardous algal bloom this year. I guess you would call it a harmful algal bloom…hazardous, located right there at that site where actually there’s a number of systems that are being examined. I think we should be particularly sensitive to this, not only for that reason but if you look at the soil…and anyone can do this, you just get on the NRCS site and we look at them and there’s … soils and Charleston soils. One is listed as poor for sanitary systems, the other is listed as limited for sanitary systems. Even with those soils, they’re not going to do the same job as we need them to in a better soil…So, I know I’m probably going to forget other things that I wanted to speak with you about here but if I can impress upon you that this is all we’ve got for Lake George, keeping these soil fields away from the lake; and 100 feet is recommended and that’s what we should keep it at. So, I want to thank you for all the work you do. Thank you very much. SUPERVISOR STROUGH- Alright. Thank you, Carol. There was somebody over here, yes ma’am. LORRAINE RUFFING- Good evening, my name is Lorraine Ruffing and I live on Assembly Point. I would like to make the following statements about the Polk Road property. This property is in what we call a critical environmental area. It’s basically a wetland with two streams on either side of the property and I believe my presentation was given to you and you could see the streams in the pictures. Sixteen trees have been removed from this property and four more are marked for cutting. Some trees are within 35 feet of the lake. I understand a variance was given for the purposes of enlarging the existing road. Although, the road is not going to go along the shoreline and the excessive tree cutting lakeside has limited the already minimal absorption capacity this area just described by Carol. This will result in the increase outflows to the lake and the two streams that go into the lake. This increase outflow into the very shallow, still bay and was the site of the first HAB’s outbreak on Lake George on the seventh of November. As of yesterday, November 15th, the HAB’s were still visible in this bay. The HAB’s were not only on the east side of Assembly Point, that is in Harris Bay, but they encircled the entire perimeter of Assembly Point. I know because I kayaked this past Monday, that was the Monday before, the entire perimeter and there was film covering the water. As you know, when the toxicity reaches a certain level, and we have not been told by the DEC what the exact level is in Harris Bay, it can affect liver, kidneys and the nervous system. It has an impact on humans and animals, not only when they drink the water but if they inhale it because it is aerosolized toxins. If they have direct skin contact with the contaminated water when swimming or boating. So that would reduce our recreational use if we don’t get our HAB’s under control. I see from the sketches that there are two septic systems that are positioned side by side, 70 feet from the lake. We don’t know how many feet from the stream. The effluent which would emerge from the Puraflo models or modules and disperse in the gravel pad. This pad, as Carol explained, will be in a critical environmental area, near the lake and near the stream. What will be the absorptive capacity of this area since has been diluted of many trees. Additionally, the Puraflo system requires a pod for each bedroom. I see three pods on the sketch and there are four bedrooms planned for the house. Lastly, I guess, what is the point of overflow with the Town regulations and making them low impact development if we’re going to continue to give a pass to high impact development? I think the Board of Health should take every step it can to preserve our drinking water. Therefore, I respectfully ask the Town Board and Board of Health to reject this application and search for a more suitable solution for this critical environmental area. I believe others have recommended such solutions such as John Caffry and Chris Navitsky. I think we all would be happy to discuss them in the future. Thank you very much. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 196 SUPERVISOR STROUGH- Alright. Thank you, Lorraine. Yes, ma’am. LORRAINE CARBOGNIN- Good evening. SUPERVISOR STROUGH- Good evening. MS. CARBOGNIN- My name is Lorraine Carbognin and I live at 197 Assembly Point Road. I’ve resided there for six and a half years. I want to thank the Board for allowing me to voice my concerns. This variance application comes at a time when we the Assembly Point residents are on high alert for water quality threats. We’re looking here at making accommodations to the Town of Queensbury regulations for on-site wastewater treatment systems. The property in question is a narrow lakefront lot and with two streams running roadside and along the back of the property, much of the lot often appears wet from … It’s certainly a fragile wetland that does not seem able to weather the development project that’s proposed. Now we are going to … this project down the variance before us diminishing the 100 foot setback significantly to requested 70 feet is entirely too ambitious on a low … I question the two soil percolation tests performed in October of this year, which was done at the end of a very dry season. Was this the best time of year to perform this test? Are they not supposed to be done during the wettest months of the year so we know their minimum capacity to perform and not the best case scenario? The results obtained, five and six, is this soil minimally able to perform? I would also ask the Board to review the plan for this parcel of land in it’s entirety. There’s another structure on this property. If construction is planned on that second lot overall, we’d be looking at two large square foot … two septic systems, two driveways and the trees and vegetation removal to allow all this to occur would be too much for this fragile, shallow bay to handle. The recent report just last week of harmful algal bloom in the very bay that the property faces underlines the threat to our water supply. There are approximately 50 lakefront homes along Assembly Point Road and Bay Parkway and most obtain their drinking water year around from the lake. Even with basic in home water treatment systems, many are not capable of not removing the toxins found in the house identified… I realize this a completely separate issue but the timing is …No is not the time for the Town to be complacent or in any way soften the standards previously set for septic requirements. I ask you to put the health and safety of all Assembly Point residents before the gain of one overly ambitious property developer. Thank you. SUPERVISOR STROUGH- Thank you, Lorraine. John. JOHN CAFFRY- Can I wipe this down? SUPERVISOR STROUGH- Yes, you are supposed to. The last person… JOHN CAFFRY- John Caffry from Caffry and Flower in Glens Falls, representing Mr. & Mrs. John Kelly of Assembly Point Road. COUNCILMAN FERONE- One second, please. John, your Zoom has gone off. I don’t know why it is off-line? We are supposed to make these public so I wanted to make sure he was aware of it. SUPERVISOR STROUGH- Yeah, it was just here. I know what it was, I plugged it in but didn’t turn the switch on down here. COUNCILMAN FREER- I’m glad you have it under control, George. SUPERVISOR STROUGH- In any event, we do have two other, we have Look TV here that is public and we have YouTube. Yeah, I lost it and it’s going to take me a little while to get together. John, if you want to wait until I get Zoom back up. ATTORNEY CAFFRY- How long… SUPERVISOR STROUGH- It will probably be about five minutes. ATTORNEY CAFFRY- It’s up to you, whatever your protocols for meetings is. I just want to get it on record. I don’t have to have an audience. I did want to ask, I emailed a letter in at 5 o’clock. Did you all get actual copies of the letter that I sent to Caroline Barber? SUPERVISOR STROUGH- Yes. COUNCILMAN METIVIER- Yes. ATTORNEY CAFFRY- Alright. I wanted to make sure …hardcopies also… REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 197 COUNCILMAN FREER- Do they need to get read in, do you guys read them in? DEPUTY TOWN CLERK, MELLON- No, we just acknowledge that we have them. COUNCILMAN FREER- On the Planning Board did you have them read in? COUNCILMAN FERONE- We did the same thing. TOWN COUNSEL, MARK SCHACHNER- No, you don’t have to on any board. Some boards choose to and that’s where I think you’re talking about. COUNCILMAN FREER- Yeah, yeah. TOWN COUNSEL, SCHACHNER- It’s not required. COUNCILMAN FREER- Okay, thank you. ATTORNEY CAFFRY- What, read it in? My letters are usually so long I just… COUNCILMAN FREER- That’s why I was asking. COUNCILMAN FERONE- That State made a lot of changes but never did anything about Open Meeting Laws so we have to try and do what we’re doing here tonight, right? TOWN COUNSEL, SCHACHNER- The State has made a whole lot changes about Open Meeting Laws but we’re still doing what we’re doing. COUNCILMAN FERONE- Right. SUPERVISOR STROUGH- Alright, well I lost my participants. Just me, did they go over to you too? PETER PEPE- …We’ve got 14 over here. SUPERVISOR STROUGH- Well, we’re back. COUNCILMAN FERONE- There it is. SUPERVISOR STROUGH- Alright, sorry I lost power on my laptop. We still have 11 participants, that’s good. Alright, John if you would continue and I’m sorry for forgetting to hit the switch. ATTORNEY CAFFRY- I understand what you said about the application being revised, but I still, so I don’t know what it all would look like but I still would like make a …point. There is no proof of hardship which is required by your Code. They just didn’t put any in. There’s nothing that appears to be any proof of special circumstances, which is another criteria, plus we met for a variance. The variance as the other speakers have pointed out is potentially detrimental to Lake George. I won’t repeat what they’ve been saying about the harmful algal bloom. There is a… on the GIS system that the County maintains, it does show a wetland on this property as well as on the adjoining Hogan property. It may or may not be an APA jurisdiction of wetland. But, regardless of that that’s not a good sign that you want to put in a septic system that have wetlands right there. It means your…And as somebody else pointed out the test pits were done in the Fall rather than the Spring when the water is the highest. What I’d like to discuss too is there is no proof that this is the minimum necessary variance or even that the variance for the setback on the lake is needed. They could move it backwards away from the lake. They could possibly share a system with the adjoining lot that the same person is also buying. There’s a lot of alternatives that they haven’t examined, which would make a variance unnecessary and perhaps they could meet the setbacks from the lake. As somebody pointed out, the septic system for the other lot is proposed also to be within 70 feet of the lake on the, shall we say, west side, towards the little shallow bay there. I suspect that it’s probably also within 100 feet of the lake on the other side, on the main part of Harris Bay. That part of the plans in the application… but that may need two variances. So the real problem there, I think with the setbacks and the variances, and there are alternatives too, if you have smaller houses instead of the usual mansions that everybody builds on Lake George once they… tear it down and build a big mansion. If they’d build a smaller house, they wouldn’t need as big septic system, or if they’d only build one house on this property. This has been one property for over 100 years. If they only put one new house on it, they could still earn a reasonable return and wouldn’t have much of a problem siting the septic system, they wouldn’t have as much other problems… I also have the impression that this thing is just being piece-mealed. First, they go for the area variance from the ZBA for the road frontage issue and I know that’s in litigation and you’re not going to want to discuss it, but that could throw this whole thing back to the REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 198 drawing board, back to square one. But now we’ve got this variance. Obviously, there’s going to be variance applications for the other property. They ought to bring the entire thing to the Town at once so we’re not dealing with little bits of it all at once without getting the big picture. In fact, they told the ZBA there was no construction planned at this time, yet within a few weeks they’re out there digging and working on the drainage and cutting down trees and all that. So that was obviously misleading at best. I’m sure Mr. Metivier noticed that himself going by there. The other issue I want to bring up is SEQRA. There’s no SEQRA documentation in this file. Some variances are exempt from SEQRA, type two that does not apply to this type of variance. That’s very clear, I believe in the DEC SEQRA handbook. Really the whole project, if you will, ought to go through a SEQRA review, a coordinated review even if it’s an unlisted action so that we can get the whole picture of what’s being proposed here and how best to handle it. As somebody pointed out this is in a critical environmental area created by the Lake George Park Commission. I’m not sure if the Town also has one too, but anything within 500 feet of Lake George is a SEQRA critical environmental area. So, for all of these reasons we think this application ought to be denied. Hopefully, they can come back with something that doesn’t create some other problems but I’m not going to hold my breath. One thing I want to point out…well this is going to be better than what’s there. The septic system for those little cottages and stuff I understand are rudimentary at best; but that’s not the point. It’s about going forward, making it the optimal system that does not require any variances that is going to achieve treatment. Not just to compare it to what’s there because you can always say…point is to make it the best possible system to protect the lake. One last question, if this is going to be tabled, how are we going to get noticed of future hearings? My clients don’t happen to be adjoining property owners. We don’t get notice. Is this going to be publicized somehow? SUPERVISOR STROUGH- It would be on the agenda when it comes back, if it comes back. ATTORNEY CAFFRY- So we’d have to look. How far in advance do they post it? SUPERVISOR STROUGH- Do we have to re-notice, Counsel? TOWN COUNSEL, SCHACHNER- Depends on the materiality of the modification. If the modifications are material then it would be appropriate to re-notice because a material modification means that somebody that didn’t have a concern under the current application might have a concern under a new materially modified application. If the modifications are very minor then you don’t have to re-notice. SUPERVISOR STROUGH- So we’ll have to wait and see what returns to us and see if the modifications are material. If they are… ATTORNEY CAFFRY- Do you have any indication when they’d be coming back or what the changes might be? SUPERVISOR STROUGH- They suggested that the changes might be something more in accord with the Code but they’re going to investigate different possibilities. Thank you for cleaning that up. Thank you, John. Is there anybody else present that wishes to speak to this sanitary sewer disposal variance? Yes sir, please come forward. Identify yourself for the record. ROBERT CARBOGNIN- My name is Robert Carbognin. I am a resident of 197 Assembly Point Road. Good evening Supervisor Strough and Council. I would like to go on record that I am opposed to the application for septic variance by Chris Abele, the managing member of Rockhurst LLC at 10 Polk Road in Queensbury. Variances are granted for hardship reasons, health, growing families, disabilities, etc. This is not the case in this situation. Rockhurst LLC has purchased this property with the intent to subdivide and build two new large homes…this is purely for personal financial gain. The property was purchased knowing that a site plan review and variances would be needed. This was a gamble that Rockhurst LLC was willing to take with no guarantees of accomplishing their goal. Page four on the application for septic for variance says whether the benefit sought by the applicant be achieved by some method feasible for the applicant to pursue other than an area variance. The answer is it could be achieved by changing and or reducing the footprint of the home and location of the driveway. If this septic system was moved to the side of the driveway it would be more than 100 feet from the lake and 10 feet from the property line. Question three on the application states whether requested area variance is substantial. I feel the answer is yes. At 30% reduction and distance to the lake at a 50% reduction in the property line setback is substantial. On that application question four is whether the proposed variance will have an adverse effect on the on the environment…extremely shallow with poor circulation. It was one of the first sites to report an algal bloom. We need to plan, not just for today, but to anticipate the potential long-term negative impact of this project. Since there REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 199 is no periodic septic inspection program in place for waterfront residences, what if this system is not adequately maintained… and the … needs to be replaced periodically. If the present or next owner is neglectful, then missing 30 foot of buffer becomes massively important. Question five on your application states whether the alleged difficulty was self-created. Well yes, if the property was left as one parcel and not subdivided, a septic variance would not be needed. Mr. Abele and Rockhurst LLC are not good stewards of Lake George. Many trees have already been cut down on the property which are critical to absorbing water and nutrients. This also has a negative impact on the wetlands that are on the property. In light of the recent hazardous algal bloom that produced toxins in the water around Harris Bay, this past week is documented by the DEC. Now is not the time to be relaxed… My family and all the other families that draw their drinking water from the lake have a right to safe drinking water. This project, if approved, will become part of the problem we are now facing. Approving this application is a step in the wrong direction and possibly sets a precedent for similar variances in the future. Please do not approve this application. Just a quick addendum. I did some research this past week and I was trying to figure out, is there something I can do with my home to protect my family from these toxins. These toxins are organic compounds, okay, they cannot be filtered out with a micron filter, they cannot be absorbed with a charcoal filter. The only way to get these toxins that are neuro-toxins out of the system is to have a reverse osmosis water filtration system, which I looked into a company to do the project at my home is a $10,000 expense. I don’t think a lot of people have that type of budget available to them, and anything less than that is exposing us to these neuro-toxins. You cannot boil them out, you can’t chlorine them out, they’re there period. The only way to get them out is through reverse osmosis. Thank you for your time. SUPERVISOR STROUGH- Thank you. Alright, thank you Robert. Any other member of the public present who wishes to speak to this sewer variance application? Yes, ma’am. BEVERLY POZZI- My name is Beverly Pozzi and live on Assembly Point. Good evening Supervisor Strough and rest of the Council. This has been written so I shall not repeat any of those statements of grave concern. My family has been at 66 Bay Parkway on Assembly Point since 1953. We have safely used the water unfiltered until 20 years ago when we installed an ultraviolet water filter system. At that time, it was evident that the water quality was declining and we continue to see this decline to the point where the ultraviolet system is no longer capable of protecting our health. Nor, with the sitting and reporting of harmful algal blooms, is it safe to use the water in any way, swimming, boating, fishing or any of the activities we have enjoyed for more than 60 years. So I ask, with the evidence that has been presented, that this Board, who has been the leader in the Property Transfer Law, the Fertilizer Set Back Law, reducing salt on roads, not grant a variance that clearly will be a threat to public health. The HAB’s are along the property shoreline as seen, photographed and reported during the last eight days. Finally, what impact will this have on the economy where tourism is the life blood of the lake and the communities in the entire watershed, if we continue to grant variances which impact the water quality? Thank you. SUPERVISOR STROUGH- Alright. Thank you Beverly. If you would, yeah, clean off the microphone and desk for me. Thank you. Anybody else present tonight wishing to speak to this application? Yes ma’am. You have to come up to the mic. Because it all has to be recorded. LORRAINE CARBOGNIN- Many neighbors sent in letters. SUPERVISOR STROUGH- And you’re Lorraine CARBOGNIN. MS. CARBOGNIN- I know that many of my neighbors sent in letters. People who weren’t able to be here. Will they all be read by the whole Board? SUPERVISOR STROUGH- No, we’re not going to read them. MS. CARBOGNIN- Oh, not tonight, I mean will everyone… SUPERVISOR STROUGH- Yes, we will read them. I thought you meant publicly and there is quite a few. But, Rose, in a little while, is going to go through and kind of give a summary of what we’ve received so far. Okay, alright, thank you. Anybody else present? *member of audience (did not identify himself) asked if letters submitted would be made part of the record. TOWN COUNSEL, SCHACHNER- The answer to the questions is that, the last two questions that arisen are, number one, all letters that are submitted are part of the public record. There is no requirement that they be read aloud and I would not … upon the Town Clerk’s Office the REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 200 responsibility of summarizing. I think that’s a little, that would be, I would be concerned about that because if some of the letters are long. Mr. Caffry acknowledged the length of his letter. His would be extraordinarily hard to summarize, I think. Not a criticism. I think if you want the Town Clerk to make note of what letters that have been received from whom, you could do that, not required. Absolutely all letters received are part of the public record, absolutely. SUPERVISOR STROUGH- What Rose was going to do is state basically who we received them from and whether they are for it or against it, that’s it. You don’t think that’s needed? TOWN COUNSEL, SCHACHNER- I know for sure that that’s not needed. SUPERVISOR STROUGH- Is there any harm in doing that? TOWN COUNSEL, SCHACHNER- Only that I’ve been to public meetings where people legitimately tried to characterize something that was in favor or opposed and it wasn’t really either; and it wasn’t accurately characterized. Sometimes a letter can say in the beginning we have concerns and then express the concerns. If you characterize that letter as opposed that may not be a reasonable characterization. That’s my concern. SUPERVISOR STROUGH- Alright, so what Rose will do is list who has sent in information on this particular topic, just say the names. We will get to that later though. DEPUTY TOWN CLERK, MELLON- Okay. SUPERVISOR STROUGH- Let me go through this. Is there anybody else here present that wishes to speak to this application? Alright, is there anybody watching YouTube? You’re welcome to call in and then I am going to go to Zoom. So, we have 14 attendees and those of you that came back, what happened is, I used my laptop and I lost power on my laptop. So we’re back and we didn’t conduct any business until we got back on. So if there is anybody watching this through YouTube who would like to call in, (518) 761-8225. Peter, I believe that we have some people calling in? MR. PEPE-…There are quite a few viewers right now… SUPERVISOR STROUGH- Good. Alright, so 761-8225. That phone number is on, anybody that’s watching this on YouTube can also see the phone number, right. Okay. Alright, I’m just going to go in the order, Florence Connor, can you hear me? Unmute yourself. FLORENCE CONNOR- Hello. SUPERVISOR STROUGH- Yes, Florence. MS. CONNOR- I asked that my letter be read at this meeting this evening. SUPERVISOR STROUGH- We are not going to read them are we? How about if someone requests that we read them? TOWN COUNSEL, SCHACHNER- You are not obligated to. You can if you want to but you’re not obligated to. I’d be concerned. The concern would be that every single person request be read. You shouldn’t treat people differently. It’s up to the Board? SUPERVISOR STROUGH- Florence, we’re not going to read them because we feel we’d have to read all of them and there are numerous. Can you please summarize your thoughts for us. MS. CONNOR- I would rather not summarize it, but I would like to say that I hoped that these letters are compiled together that they are read because when you only receive one letter and it goes to one person, it’s very easy to put it in a pile and just say, oh let’s get to that later or we won’t bother with that, we’ve already… SUPERVISOR STROUGH- Florence, I’m holding up a folder and in this folder is the correspondence we’ve gotten today, basically today, on this. We’re not going to read that for the record, but if you’d like to make a comment and share your thoughts with us, we would welcome that. MS. CONNOR- Alright, I feel that, I will try to shorten it and remember what I said. This was a wonderful lot. It was a unique lot that this gentleman Abele that he was so fortunate to be able to buy. Then he, he said he was going to build his own home. I was quite excited for him. He came in and asked for one thing, now he’s come and asked for another. Also, by subdividing the lot, he’s made a problem for himself. It’s a self-created problem. Also, I’d just want to compliment the Town of REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 201 Queensbury for the many things they’ve done to protect the lake. They’ve got the Transfer Law and many of the other towns are now saying that they would like to have it. The salt has been reduced. There’s so many things that we have done but we often give the little things a slide. This is one of the little things. This…few feet here and there. That few feet makes a big difference way down the line. You may put in a wonderful system today, but like all of us, it gets older and it gets a little weaker, and maybe it’s not taken care of. So I think that we should be very careful to make sure that we stick to the rules we’ve made because they were made for a reason. I’m sorry I don’t have my paper in front of me. I… some of my thoughts. But I just feel that it’s time we stop giving away the things that make us safer and make the lake as pure as we can do it. It’s a struggling lake right now. I’ve been there for 71 years. I know the difference of what it was and what it is and it makes me very unhappy. Thanks for at least giving me a try. SUPERVISOR STROUGH- Alright, thank you. Rose that was Florence Connor (spelled last name for record). DEPUTY CLERK, MELLON- I have that and each Board Member was presented with copy. SUPERVISOR STROUGH- Alright, Florence. Thank you. MS. CONNOR- Thank you. SUPERVISOR STROUGH- Alright, Jackie’s next in line, Jekiii, or Jek the third. I’m not sure. Can you hear me? JOHN KELLY- Hi, yes I can. Yes I can, can you hear me ok? SUPERVISOR STROUGH- Yes. Would you give me your name please? MR. KELLY-Yes. I’m Dr. John Kelly, resident of 241 Assembly Point, 255 Assembly Point, and the owner of over 10 properties commonly known as Bellwood, off of Bay Parkway, which we’re keeping quite natural. My attorney John Caffry, I think, did a wonderful job of summarizing our point of view, all of the legalities and …issues. I wanted to personally show up as a scientist, an engineer and a resident, user of Assembly Point on the lake for over 67 years. Not quite as long as Florence, but almost. I think there are a number of issues with this application, not the least of which technically the applicant has not shown that this is not detrimental to the lake. I won’t repeat all the comments from the previous people, but to summarize in my simple few words, this is a bad plan with bad timing and the applicant has shown bad behavior already with respect to destruction of that lot. So I strongly urge and request that the Board deny this request. Thank you. SUPERVISOR STROUGH- Alright, thank you. And you got that, Dr. John Kelly. Anybody else on Zoom? Chris Navitsky, can you hear me? CHRIS NAVITISY- Yes, Supervisor Strough. Can you hear me? SUPERVISOR STROUGH- Yes we can. MR. NAVITSKY- Great, thank you very much. I’ll be brief. I think a lot of my comments have already been said. There are numerous concerns regarding the application and the lack of supporting information justifying the variance. Feasible alternatives are available. There’s information lacking on …. Natural resources required by the Town to be shown and possible segmentation issues. I encouraged the Board during deliberations to remember the findings that you need to adhere to under 136-18, that the information contains no information that there are special circumstances or conditions that prevent the strict adherence to provision of Part 1 of 136. It justifies the need of this variance. I think Dr. Collins talked about the reduction of the separation to the lake and soils and the impacts that will have. The application contains no information that the variance would not be detrimental to the purpose of Part 1 or to other adjoining properties or to the plans for policies in the Town. We know that there are wetlands on the property as mapped by the Warren County GIS. The failure to provide adequate subsurface soil investigations as required by the Town. Again, it was also mentioned the policies of the Town…septic transfers on which …management districts clearly the Town has been the leader. Finally, the application fails to justify that the variance is necessary with a reasonable use of the land and is the minimum variance required. That has already been spoken to. I would encourage the Town to deny the application as submitted. We understand that there are proposed revisions coming. We really encourage the Town to be very…scrutinize anything that comes forth on this application. Thank you. SUPERVISOR STROUGH- Alright, thank you Chris. Scott Dubin, can you hear me? REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 202 SCOTT DUBIN- Yes, can you hear me? SUPERVISOR STROUGH- Yes we can, Scott. MR. DUBIN- Thank you for giving me the opportunity to speak. I did submit written comments, but I’d like to make a statement. I will shorten it, shorten what I had written to you. I’m opposing the 30 foot variance that’s been requested. This 100 foot requirement helps to protect the lake from nutrient loading and seepage from septic systems in the soil around the septic system; as I mentioned earlier, acts as a filter and is able to absorb the effluent. However, that ability degrades over time so the distance is important to protect water quality and that’s why the Town has 100 foot setback requirement. Distance is merely a layer of protection. Reducing that distance reduces the protection and increases the risk of the effluent in the lake over time. I have not as many years as Florence and th not as many as John Kelly, but I did just spend my 60 summer on Assembly Point. I’ve come to love the area and it’s a perfect place to be with your family and enjoy the quality of the water. It’s also a recreational and economic asset for the Town. As the Town well knows and Assembly Point residents well know, the property taxes are very high on Assembly Point. That’s because of the lake and the water quality. If that water quality degrades, values go down, assessments go down, ratables go down. This is not to complain about taxes, but to show water quality is also a matter that can affect the Town’s budget. I also point out regarding the hazardous algal bloom that was mentioned a number of times tonight, I was advised that the Jefferson Project has installed a monitoring device in Harris Bay. That’s an indication of their concern about the water quality and I think this was recently done in response to the hazardous algal bloom that was mentioned. Also mention the property includes wetlands and a meandering stream. The shoreline is very long and most of it is on a narrow peninsula that curves around to the shallow cove that Mr. CARBOGNIN had mentioned. The cove is warmer than other areas of the shoreline and there is visible vegetation at least during the summer. Since the property is low lining, effluent is more likely to seep into the lake. If the septic field is close, or in this case proposed 30 feet closer than normally required, that because of the nature of the property and the destruction of trees, the nutrients are more likely to flow into the cove and into the other side, I guess that would be the east side of the peninsula. So the real question is whether this is absolutely necessary for this fragile shoreline. I just wanted to join in with the other Assembly Point residents and ask that the Town administer their regulations as they’ve been intended. The fact that so many people have spoken out and submitted comments off season, I mean most people are not up there now. During a pandemic and shortly before Thanksgiving, I think it’s an indication of the concern for the lake and the quality of the water. So I just ask that the Town take a good look at the application and at the options that are otherwise available and that they do right by Lake George; and at this stage, deny the variance request. I just want to thank you very much for this opportunity. SUPERVISOR STROUGH- Alright Scott, thank you. Scott Dubin (spelled last name for the record). Anybody else on Zoom? Alright, Lisa Adamson is using an old form of Zoom. I have to add her as a panelist to allow her to talk. Her form of Zoom…Zoom changes almost daily. Lisa Adamson, are you there? Lisa Adamson…I can’t seem to get her going. Lisa we can’t hear you and I can’t connect with you. You have a form of Zoom that the new Zoom will not deal with, even making you a co-host. Can you call in Lisa, if you’re watching. Call in at (518) 761-8225. Lisa Adamson... Alright, Lisa sends me a message. “I was just going to suggest the applicant an opportunity to meet with the task force to create this into a show case project of what we could do right on that property.” Alright, thank you Lisa. Anybody else on Zoom? (unknown questioned via Zoom) “Has the system been approved by the New York State Department of Health?” No, and I don’t believe they have to. We operate as the Local Board of Health and then it goes from us to the Adirondack Park Association, if we do deal with them. TOWN COUNSEL, SCHACHNER- Agency. Adirondack Park Agency. SUPERVISOR STROUGH- Agency, thank you. Another one, asking for Beth something or other, I don’t know the last name, asking for my father Fred Hart, 113 Assembly point. Alright, anybody else? Alright, now I’ve got the full list of Zoom back and everybody that has asked to talk has talked. We haven’t had anybody call in. Rose, will you go through as to just tell us who has sent us something for the matter of the record. DEPUTY CLERK, MELLON- Yes, I have eleven letters. They are from Joan Anderson, Nancy Burke, Florence Connor, Charlie Crew, Scott Dubin, Mike Kelly, Brian Hogan, Beverly Pozzi, Lorraine Ruffing, Chris Navitsky (Lake George Waterkeeper) John Caffry, representing John and Honey-Jo Kelly. They will all be on file in the Town Clerk’s Office. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 203 SUPERVISOR STROUGH- Alright, thank you. Like I said, we got most of these we got this afternoon or even as early as minutes before this meeting. This is going to take us a while. We will give due diligence, this Board will read through the material that you have sent and you have shared with us tonight. I very much appreciate everything that you’ve said and it will go into consideration. I’m not sure where this will go. We’re not going to act on it today. Any other thoughts on behalf of the Board before we move out of the Board of Health? NO FURTHER COMMENTS PUBLIC HEARING LEFT OPEN RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 57, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Queensbury Board of Health hereby adjourns and moves back into the Town Board of the Town of Queensbury. Duly adopted this 16th day of November 2020, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mrs. Magee 2.0 PUBLIC HEARING NOTICE SHOWN PUBLICATION DATE: NOVEMBER 6, 2020 SUPERVISOR STROUGH- Explained that this is to discuss/eliminate the Wastewater Department’s involvement in constructing sewer laterals. It will become the sole responsibility of the property owner (Codes Section 136-55 and 136-95) would make that clear. Another change being proposed is to allow the Wastewater Director to waive the requirement for separate building sewers (Code Section 136-56). The third provision is to provide that the Town Board may make changes to sewer rents by Resolution upon five days’ public notice (Code Sections 136-137 and 136-137.2). Fourth proposal is to allow water service to be discontinued upon Resolution of the Town Board without a hearing (Code Section 173-29). CHRIS HARRINGTON, WATER/WASTEWATER SUPERINTENDENT- Explained that there was a workshop on this about six weeks ago. This is basically to clean up the Code a bit. OPENED PUBLIC HEARING SUPERVISOR STROUGH- The public hearing is now open. So anybody that wishes to speak to the proposed changes in the Town Code that we have described, I want to give you an opportunity to speak to them. Is there anybody present who would like to speak to any of the changes in the Code that we just described? No one present. Anybody from YouTube like to call in at (518) 761-8225. Anybody on Zoom? Okay, apparently there is no interest on behalf of the public to speak to the proposed changes. I’m hoping that they think that they’re pretty practical changes we’re offering to our Town Code. I happen to think they are pretty practical. COUNCILMAN FREER- John, I do have a question for Chris because this came up in LA where, can you give me a couple of examples on why you would recommend and why we would pursue discontinuing water service. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 204 WATER/WASTEWATER SUPERINTENDENT, HARRINGTON- Meter men put in the meter to find out they have a connection before the meter. We ask them to remove it and they give us a hard time, they don’t want to remove it. We say they have to remove it, so that goes back and forth. SUPERVISOR STROUGH- Where we see that is with people that water their lawns. They break in before the meter. COUNCILMAN FREER- Yeah, okay. WATER/WASTEWATER SUPERINTENDENT, HARRINGTON- Or it might be an old meter we want to get into. A meter that’s beyond its useful life and we want to get a radio read on it and we can’t get in…put a radio read it so it can read automatically. One property owner doesn’t like the stance of a certain Town Board Member with regards to a certain project in Town, can’t get…They have things...water. This is where it happens a lot, when metermen go into, once we get in to change the meters out or problems, you know metermen go look around and make sure… updating meter or again pretty much the big one is having that hold being before the meter. COUNCILMAN FREER- Okay. And my question to Counsel is, this came up in LA where they decided because they were having parties against the COVID violation, they were shutting off water and power. Has there been any determination that that’s not a good idea? TOWN COUNSEL, SCHACHNER- I don’t know what you mean by determination, we’re not aware of court decisions. As the Superintendent described, there are some due process elements built into this. Not the least of which is that in order for the Town Board to adopt an order it has to have been an open public Town Board Meeting. There are also provisions in there about 30 days’ notice of that order time to comply on the like. COUNCILMAN FREER- Thank you. TOWN COUNSEL, SCHACHNER- You’re welcome. SUPERVISOR STROUGH- Thanks. Any further questions from the Town Board? I haven’t heard anything more from the public. I will close the public hearing and entertain a motion to approve. PUBLIC HEARING CLOSED RESOLUTION ADOPTING LOCAL LAW NO. 10 OF 2020 AMENDING TOWN CODE PROVISIONS RELATING TO WATER AND SEWER SERVICE AND CHARGES RESOLUTION NO.: 368, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board is considering adoption of Local Law No.: 10 of 2020 to (A) eliminate the Wastewater’s Department involvement in constructing sewer laterals which would become the sole responsibility of the property owner (Code Sections 136-55 and 136- 95); (B) allow the Wastewater Director to waive the requirement for separate building sewers REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 205 (Code Section 136-56); (C) provide that the Town Board may make changes to Sewer Rents by Resolution upon five (5) days’ Public Notice (Code Sections 136-137 and 136-137.2) and (D) allow water service to be discontinued upon Resolution of the Town Board without a hearing (Code Section 173-29), and WHEREAS, the Town Board prepared proposed Local Law No. 10 of 2020 which provides such revisions, and WHEREAS, the Town Board duly held a Public Hearing on the proposed Local Law on th Monday, November 16, 2020 and heard all interested persons; NOW, THEREFORE, BE IT RESOLVED, that the Board hereby adopts Local Law No. 10 of 2020, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the Local Law with the New York 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 by the Secretary of State. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES: None ABSENT: Mrs. Magee LOCAL LAW NO.: 10 OF 2020 A LOCAL LAW AMENDING CHAPTERS 136 “SEWERS AND SEWAGE DISPOSAL” AND 173 “WATER” OF QUEENSBURY TOWN CODE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Intent; Authority – The Town Board wishes to achieve greater flexibility in establishing sewer rents, enforcing compliance requirements with Town water regulations and other aspects of the Town’s sewer and water services. This Local Law is adopted pursuant to New York Municipal Home Rule Law. Section 2. CHAPTER 136 of the Queensbury Town Code, entitled “Sewers and Sewage Disposal” is hereby amended as follows: A. Section 136-55, entitled “Installation of lateral”, is amended to read as follows: § 136-55. Installation of lateral. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 206 Where a new building is constructed and there is no Town service lateral from the main to the property line, the installation of this lateral and the tapping of the main will be the responsibility of the property owner. The cost of this work, including excavation, pipe work, backfill, replacement of pavement, etc., will be paid by the property owner. The property owner or contractor must provide plans and specifications to the Town Wastewater Department for approval prior to any site disturbance. Once the plans are approved, the property owner or contractor must obtain all required permits, including any permits needed for construction within a public right-of-way or under a public road. Construction must be scheduled in consultation with the Wastewater Department so that a Town representative can be present during construction. No actual connection to the Town’s sewer system may be made until the Wastewater Director has issued a permit to connect. B. Section 136-56, entitled “Separate building sewers required”, is amended to read as follows: § 136-56. Separate building sewers required. A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, easement, courtyard or driveway, the front building sewer may be extended to the rear building and the whole considered as one building sewer. The Town does not, and will not, assume any obligation or responsibility for damage caused by or resulting from the use of any single connection aforementioned. Notwithstanding the above, the Wastewater Director may waive the requirement for separate building sewers upon application by the property owner and determination in the Director’s sole discretion that the Town’s wastewater system will not be adversely affected. Any application for waiver must include a formal agreement between the parties proposing to use the shared sewer connection. The agreement must include provisions relating to how responsibilities for the shared lines and costs will be allocated between the parties. Any agreement related to allocation of costs will not affect the Town Board’s right to establish rates. Approval of the agreement must be received from both Town Counsel and the Wastewater Director prior to any such waiver. Such agreement must be recorded in the Warren County Clerk’s Office referencing the entire property(ies) and a copy provided to the Town Wastewater Department as the final requirement for receiving a valid waiver. C. Section 136-95, entitled “Sewer taps in streets”, is amended to read as follows § 136-95. Sewer taps in streets. Where it is necessary to tap the existing sanitary sewer in the street because no Town service lateral has been previously installed, it will be necessary to make these connections, REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 207 excavations, backfillings, etc., in accordance with Town law or state or County Public Works Department regulations, as jurisdiction may apply. Work done in streets and other public rights-of-way shall be the responsibility of the property owner, including the installation of the service lateral to the property line. All of this work, including any permit fees or expenses, shall be paid for by the owner. See also §136-55. D. The introductory paragraph of Section 136-137, entitled “Charges established”, is amended to read as follows: § 136-137. Charges established. There is hereby established and imposed a scale of sewer rents for services rendered by the sewer system to the real property within the limits of the following sewer districts as set forth below. Subsequent changes to the rates of the sewer rent shall be made by resolution of the Town Board after public hearing on five (5) days' notice. E. Section 136-137.2, entitled “Properties not served by municipal water supply”, is amended to read as follows § 136-137.2 Properties not served by municipal water supply. In all sewer districts, for all occupied residential properties which are not served by the municipal water supply and therefore do not have water meter readings on which to base sewer rents, charges pursuant to § 136-135 hereof shall be $440 per year for each residential unit, billed on a quarterly basis at the rate of $110 per quarter. Subsequent changes to the rates of the sewer rent shall be made by resolution of the Town Board after public hearing on five (5) days' notice. For purposes of this section, a "residential unit" is defined as a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Section 3. CHAPTER 173 of the Queensbury Town Code, entitled “Water” is hereby amended as follows: A. Paragraph A of Section 173-29, entitled “Penalties for offenses; discontinuance of service”, is amended to read as follows: § 173-29. Penalties for offenses; discontinuance of service. A. The Town Board of the Town of Queensbury may discontinue water service and shut off the supply from any premises, the owner or occupant of which has failed to comply with the provisions of this article and the Town’s Water Department current Design and Construction Standards or any rules and regulations relating to the character and construction and maintenance of pipes and connections and the use of the water and payment of water bills. In the event of such a failure to comply, the Town Board may adopt an order requiring that any overdue bill be paid or other offense cured within REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 208 thirty (30) days or water service to the premises may be shut off and discontinued. The Water Superintendent shall then serve the Town Board order on the property owner(s) and the occupant(s) of the premises by registered mail and by regular mail to the address used to send real property taxes to the premises. If the overdue bill is not paid or other offense cured within thirty (30) days after such service by mail of the order, the Water Superintendent may shut off and discontinue water service to the premises. Such service will not be resumed until the cause for such discontinuance is removed and the expense of shutting off and turning on the water is paid.. This remedy may be used alone or in conjunction with any other remedies set forth herein. Section 4. Severability – The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 5. Repealer – All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Code. Section 6. Effective Date – This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT-3 MIN.) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION REAPPOINTING JOHN MOSSING TO TOWN OF QUEENSBURY RECREATION COMMISSION RESOLUTION NO.: 369, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury previously established the Town of Queensbury Recreation Commission in accordance with applicable New York State law, and WHEREAS, the term of Recreation Commission member John Mossing will expire as of st December 31, 2020 and Mr. Mossing wishes to be reappointed to the Commission, and REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 209 WHEREAS, the Town Board wishes to reappoint Mr. Mossing to the Recreation Commission, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reappoints John Mossing to the Town st of Queensbury Recreation Commission with his term to expire as of December 31, 2027. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION AMENDING RESOLUTION NO.: 354,2020 TO CORRECT CAPITAL PROJECT NUMBER RESOLUTION NO.: 370, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 354,2020 the Queensbury Town Board authorized establishment of the Adaptive Signal Control Technologies Capital Project No.: 234; however, it should have been established and referred to as Capital Project No.: 235 and therefore, the Town Board wishes to amend Resolution No. 354,2020 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 354,2020 such that the Adaptive Signal Control Technologies Capital Project shall be established and referred to as Capital Project No.: 235 and all references to account numbers for the Capital Project shall be adjusted accordingly to reflect this correction, and REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 210 BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 354,2020 in all other respects. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION AUTHORIZING TRANSFER OF FUNDS AND ESTABLISHING REVENUES AND INCREASING APPROPRIATIONS IN HIGHWAY GARAGE CAPITAL PROJECT FUND #208 RESOLUTION NO.: 371, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 2016, the Queensbury Town Board authorized establishment of Highway Garage Capital Project Fund #208 which Fund established funding for expenses associated with the construction of a new Town Highway Garage (Project), and WHEREAS, the Town Board budgeted $500,000 in the 2020 Town Budget in General Fund Account No.: 001-9950-9030 to fund expenses for the Project, and WHEREAS, the Town Board wishes to transfer such funds to Capital Project Fund #208, establish revenues in account 208-0000-55031 and increase appropriations in account 208-1620- 2899 in the amount of $500,000, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to take all action necessary to amend the Town Budget by transferring $500,000 from General Fund Account No.: 001-9950-9030 to Highway Garage Capital Project Fund #208, establishing revenues in account 208-0000-55031 in the amount of $500,000 and increasing appropriations in account 208-1620-2899 in the amount of $500,000, and REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 211 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer take any and all action necessary to effectuate all terms of this Resolution. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION AUTHORIZING ACCEPTANCE OF $5,000 DONATION FROM WARREN COUNTY SAFE & QUALITY BICYCLING ORGANIZATION, INC. TOWARD HALFWAY BROOK TRAIL SIGNAGE RESOLUTION NO.: 372, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by prior Resolution, the Queensbury Town Board accepted and awarded the bid for the construction of the Halfway Brook Trail from Aviation Road to Peggy Ann Road (Project), and WHEREAS, the Warren County Safe & Quality Bicycling Organization, Inc., has offered to donate $5,000 to the Town of Queensbury towards construction of signage for the Trail, and WHEREAS, the Town Board is honored by this generous offer, feels that such donation will benefit Town residents and therefore wishes to approve and authorize such donation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and accepts the donation of $5,000 from the Warren County Safe & Quality Bicycling Organization, Inc., towards construction of signage for the Halfway Brook Trail, and REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 212 BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation and increase Expense Account No.: 223-7110-2899 by $5,000 and Revenue Account No.: 223-0000-52705 by $5,000, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to send a certified copy of this Resolution to the Warren County Safe & Quality Bicycling Organization, Inc., with a letter from the Town thanking the Organization for its generosity. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee DISCUSSION HELD BEFORE VOTE: SUPERVISOR STROUGH AND COUNCILMAN FREER- Disclosed that they both serve on the Board of Directors for the Warren County Safe & Quality Bicycling Organization. RESOLUTION SETTING PUBLIC HEARING ON PROPOSED AMENDMENT TO ORDINANCE NO. 30 AND ITS SUBSEQUENT AMENDMENTS CONCERNING INCREASE IN FEES ASSOCIATED WITH BUILDING PERMIT PROCESS RESOLUTION NO.: 373, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, Town of Queensbury Ordinance No. 30 and its subsequent Amendments provide in Section 5 for fees to be charged in connection with applications for the issuance of building permits, and WHEREAS, the Town of Queensbury’s Director of Building and Codes Enforcement has recommended that the Town Board amend Ordinance No. 30, Section 5, to raise certain fees REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 213 associated with the building permit process as specifically set forth in the Proposed Fee Schedule presented at this meeting, and WHEREAS, the Town Board wishes to schedule a public hearing concerning the proposed Amendment to Ordinance No. 30, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th December 7, 2020 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties and citizens regarding the proposed Amendment to Ordinance No. 30, Section 5 to increase fees associated with the Town of Queensbury building permit process, such st proposed fee increases to be effective as of January 1, 2021, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Hearing in the official newspaper for the Town in the manner provided by law. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION AUTHORIZING AMENDMENT OF TOWN WATER DEPARTMENT WATER RATE SCHEDULE RESOLUTION NO.: 374, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 362, 2012, the Queensbury Town Board enacted Local Law No.: 5 of 2012 to amend Town Code §173-17 and §173-27 to adopt the Town of Queensbury Water REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 214 District Schedule of Water Rates and Water Service Fees, which Local Law also provides that the Town Board may amend its water use rates and fees from time to time by Town Board Resolution as provided under Town Law §198(3)(d), and WHEREAS, the Town Water Department’s current Schedule of Water Rates is as follows: Water Rates Amount of Water Used Rate 0 up to 8,000 Gallons $30.00 8,001 Gallons to 3.25 Million Gallons $2.20/1,000 gallons Over 3.25 Million Gallons $.78/1,000 gallons Quarterly Flat Fee $135 Note: The above schedule is for billing on a quarterly basis and WHEREAS, the Town Water Superintendent has recommended that the Town Board amend the Water Department’s Schedule of Water Rates to raise the charges effective for usage commencing January 1, 2021 and appearing on the May, 2021 water bills, and WHEREAS, the Town Board has considered such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Water Department’s Schedule of Water Rates, with such new Water Rates to be as follows: Water Rates Amount of Water Used Rate 0 up to 8,000 Gallons $32.50 8,001 Gallons to 3.25 Million Gallons $2.25/1,000 gallons Over 3.25 Million Gallons $.85/1,000 gallons Quarterly Flat Fee $145 Note: The above schedule is for billing on a quarterly basis REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 215 and BE IT FURTHER, RESOLVED, that such new Water Rates shall take effect commencing January 1, 2021 and appearing on the May, 2021 water bills, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 16 day of November, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION ADOPTING NEW TAPPING FEE SCHEDULE FOR TOWN WATER DEPARTMENT RESOLUTION NO.: 375, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury previously established tapping fees to cover the cost of Town ownership and installation of water services and meters installed for residents and businesses receiving Town water service, and WHEREAS, by Resolution No.: 198, 2018, the Town Board adopted a new tapping fee schedule, and WHEREAS, the Town Water Superintendent has recommended that the Town Board amend the tapping fee schedule, and REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 216 WHEREAS, the Town Board has considered such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs adoption of the Water Department’s new tapping fee schedule as follows: Tap Size Present Fee With Proposed Fee With Present Meter Proposed Meter Meter Meter Charge Charge ¾” short $1175 $1550 $375 $400 ¾” long $2275 $2450 $375 $400 ¾” open cut long $3275 $3450 1” short $1450 $2000 $575 $600 1” long $2600 $2650 $575 $600 1” open cut long $3600 $3650 1 ½” short $1750 $2750 $780 $805 1 ½ ” long $3950 $3950 $780 $805 1 ½ ” open cut long $4950 $4950 2” short $2850 $3500 $1000 $1,050 2” long $4450 $4700 $1000 $1,050 2” open cut long $5450 $5700 \[The above fees do not include any rock excavation, services that extend more than 60’ or for rental of dewatering equipment. The cost for any such excavation, additional piping and/or dewatering equipment will be added to the applicable fee.\] and BE IT FURTHER, RESOLVED, that this new tapping fee schedule shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent 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 16 day of November, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 217 NOES: None ABSENT: Mrs. Magee RESOLUTION AUTHORIZING WATER RATE INCREASE FOR SHORE COLONY WATER DISTRICT RESOLUTION NO.: 376, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 362, 2012, the Queensbury Town Board enacted Local Law No.: 5 of 2012 to amend Town Code §173-17 and §173-27 to adopt the Town of Queensbury Water District Schedule of Water Rates and Water Service Fees, which Local Law also provides that the Town Board may amend its water use rates and fees from time to time by Town Board Resolution as provided under Town Law §198(3)(d), and WHEREAS, the Town of Queensbury previously established water rates for the Shore Colony Water District, and WHEREAS, the Town Water Superintendent has recommended that the Town Board amend the Shore Colony Water District water rates to increase the flat rate from $175 annually to $200 st annually, to be billed during the May 1, 2021 billing, and WHEREAS, the Town Board has considered such recommendation, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs amendment of the Shore Colony Water District water rates to increase the flat rate from $175 annually to $200 st annually, to be billed during the May 1, 2021 billing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Water Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 218 th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION AFFIRMING AND RATIFYING PURCHASE OF SKID STEER LOADER FOR USE BY HIGHWAY DEPARTMENT RESOLUTION NO.: 377, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 325,2020, the Queensbury Town Board authorized the Town Highway Superintendent’s purchase of a 232D3 Skid Steer Loader and cab package (Loader) through Milton CAT as was set forth in Milton CAT’s quote dated 9/23/2020 and in accordance with New York State Office of General Services Procurement Services Contract No.: PC66988 for the amount of $74,030.20, and WHEREAS, at the time that the order was placed, Milton CAT guaranteed that they had the 232D model in stock and it was available for purchase within the Town’s timeframe but subsequent to the order, Milton CAT advised that the 232D3 Model was no longer in stock and therefore could not provide it to the Town but it did have a 242D3 Model in stock, an upgraded and better model, and would provide it to the Town at the same previously authorized purchase price of $74,030.20 as set forth in Milton CAT’s quote dated 10/30/2020 substantially in the form presented at this meeting, and WHEREAS, the Town’s Purchasing Agent has confirmed that the 242D3 Model is consistent with New York State Office of General Services Procurement Services Contract No.: PC66988 and is not less than the $74,030.20 originally authorized, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby affirms and authorizes its approval of the Town Highway Superintendent’s purchase of a 242D3 Skid Steer Loader and cab package (Loader) through Milton CAT as set forth in Milton CAT’s quote dated 10/30/2020 substantially in the form presented at this meeting and in accordance with New York State Office of General Services REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 219 Procurement Services Contract No.: PC66988 for the amount of $74,030.20, minus a trade-in of the Town’s Bobcat 863 (serial #2684655) in the amount of $10,000, for a purchase total of $64,030.20, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 354,2020 in all other respects, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Highway Superintendent and/or Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE A PORTION OF MOUNTAIN TERRACE ESTATES SUBDIVISION AND AN OUT-OF-DISTRICT PARCEL RESOLUTION NO.: 378, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated Water District (the “Water District”) in accordance with New York Town Law Article 12-A to serve four lots of the proposed six-lot Mountain Terrace Estates Subdivision (the “Subdivision”) and a separate parcel currently receiving Town water under an “Out-of-District Contract” (the “Parcel’), all located on Luzerne Road (the “District Extension”), and WHEREAS, The Environmental Design Partnership, LLP (EDP) has prepared a Map, Plan and Report (Map, Plan and Report) concerning the proposed District Extension to connect the Subdivision to either the existing 16” Water District water main that runs along Luzerne Road or REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 220 the existing 6” main in Twin Mountain Drive, all as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed District Extension, a general plan of the proposed system, a report of the proposed method of operation, the source of water supply and mode of constructing any proposed District Extension improvements, and WHEREAS, the Town Planning Board has indicted that it wishes to be Lead Agency for review of the Subdivision under the State Environmental Quality Review Act (SEQRA) and will conduct coordinated review with the Town Board as an Involved Agency, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. As a SEQRA Involved Agency, the Town Board hereby consents to the Town Planning Board acting as Lead Agency for SEQRA review of the Subdivision and will not make a decision regarding the proposed District Extension until after the Planning Board has made a SEQRA Determination of Significance for the Subdivision. 2. The boundaries of the proposed District Extension are as set forth in the Map, Plan and Report and as follows: Parcel 1: Beginning at the point of intersection of the westerly line of Twin Mountain Drive and the northerly line of Luzerne Road. Thence from said Point of Beginning, of the hereinafter described Water Service District along said northerly line, in a general westerly direction 420± feet to a point; Thence through Luzerne Road in a general southerly direction, 50± to a point in the southerly line of Luzerne Road; Thence along the easterly, southerly and westerly line of SBL#307.00-1-32.2 the following three (3) courses and distances: 1) In a general southerly direction, 275± to a point; REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 221 2) In a general westerly direction, 235± to a point; 3) In a general northerly direction, 275± to a point in the aforesaid southerly line of Luzerne Road; Thence through said Luzerne Road, in a general northerly direction, 50± feet to a point in the aforesaid northerly line of Luzerne Road; Thence along said northerly line, in a general westerly direction, 90± feet to a point; Thence through Proposed Lot 4 of SBL#307.00-1-22 generally following the 545’ contour line, in a general northerly and westerly direction, 600± to a point in the southerly line of said Proposed Lot 4 of SBL#307.00-1-22; Thence along said southerly line in a general westerly direction, 100± to a point in the southeasterly line of Proposed Lot 6; Thence along said southeasterly line, in a general northeasterly direction, 620± feet a point being the southwesterly corner of SBL#307.00-1-24; Thence along the common division line of SBL#307.00-1-24, SBL#308.05-1-9, SBL#308.05-1-8, SBL#308.09-1-9 and SBL#308.09-1-8 to the north, east and south and Proposed Lot 2 and Proposed Lot 1, being pieces or parcels of SBL#307.00-1-22, to the south, west and north the following five (5) courses and distances: 1) In a general easterly direction, 150± feet to a point; 2) In a general southerly direction, 600± feet to a point; 3) In a general westerly direction, 150± feet to a point; 4) In a general southerly direction, 200± feet to a point; 5) In a general easterly direction, 300± feet to a point in the aforesaid westerly line of Twin Mountain Drive; Thence along said westerly line, in a general southerly direction, 210± feet to the point or place of beginning said Water Service District and containing 13± acres of land. The above described Water Service District parcels are intended to include all, or those portions thereof, of those parcels as contained within the above described area as shown on the Warren County Real Property Tax Maps in the Town of Queensbury, NY, and is not intended for the conveyance of Real Property. 3. The proposed District Extension will not include any new water supply development such as water mains, wells or new intake structures or the construction of any additional system storage. The proposed Extension will utilize the surplus capacity in the existing system, so that the only improvements will be the connection of the four new residences to either the existing 16” main that runs along Luzerne Road or the existing 6” main in Twin Mountain REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 222 Drive. All new installations and taps will be coordinated with the Town of Queensbury Water Department. Maintenance of the existing will be provided by the Town of Queensbury Water Department. 4. The Subdivision developer will pay all new capital costs associated with the District Extension so there will be no cost to the Town or the District for the District Extension. 5. As the Subdivision houses have not yet been built, there is no actual “typical property" for purposes of calculating the estimated annual cost of the District Extension, merely estimates based on what may be built. However, the estimated annual cost of the District Extension to the typical property in the District Extension, which typical property is a typical one family home, for operation and maintenance and other charges (assuming an average water usage) ranges from approximately $480 for a Subdivision property assessed at $270,000 to approximately $510 for a Subdivision property assessed at $375,000. The cost for what is expected to be the typical property ($388,700 based on the current assessed value of a developed parcel in the District Extension ) will be approximately $512 for the Parcel. The cost of hook-up fees and constructing a water service connection from the water main to each new structure and the purchase and installation of a water meter will be paid by either the developer or the builders of the house and included in the total cost of each home. 6. A detailed explanation of how the estimated costs of the District Extension were computed is included in the Map, Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The capital improvements necessary for this service area will be provided and paid for by the Subdivision developer and so there will be no financing required by the Town on behalf of the Water District or any debt service costs related to this District Extension to the Water District. 8. The proposed improvements shall be constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury, at 7:00 p.m., on Monday, December 7, 2020 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. The Town Board hereby authorizes and directs the Water Department to send copies of the Map, Plan and Report to the New York State Department of Environmental Conservation and the New York State Department of Health, together with all documentation required to be sent, along with a letter indicating that the Town Board will be undertaking consideration of the District Extension identified in this Resolution. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 223 11. The Town Board hereby authorizes and directs the Water Department to prepare a report identifying any environmental impacts it believes should be considered at the time the SEQRA review is conducted by the Town Planning Board and to provide this information to the Planning Board as SEQRA Lead Agency. 12. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the Public Hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 11172020 RESOLUTION NO.: 379, 2020 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 Warrant: 11172020 with a run date of 11/12/2020 and a payment date of 11/17/2020, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 11172020 with a run date of 11/12/2020 and a payment date of 11/17/2020 totaling $919,737.61, 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. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 224 th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION RATIFYING ADOPTION OF REVISED TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 380, 2020 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the United States is facing a pandemic related to Coronavirus Disease 2019 (COVID-19) and there was a need for the Town of Queensbury to adopt a COVID-19 Pandemic Response Plan (Plan) to deal with this emergency situation, and WHEREAS, by Resolution No.: 123,2020, the Town Board authorized adoption of its Plan and authorized the Town Supervisor to make modifications as he determined necessary as further information became known, with the Town Board to later have the ability to approve or disapprove an updated, revised Plan, and WHEREAS, by Resolution Nos: 133, 147, 157, 178, 192, 204, 216 and 305 of 2020, the Town Board authorized and ratified adoption of the Plan as further revised, and WHEREAS, certain modifications have been made since the Plan was last adopted and revised and the Town Board wishes to consider the Plan as further revised as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies adoption of the COVID-19 Pandemic Response Plan (Plan) as revised and substantially in the form presented at this meeting, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 225 RESOLVED, that the Town Board further authorizes the Town Supervisor, if necessary, to continue making modifications to the Plan as he determines that in his discretion are necessary as the situation changes and further information becomes known, with the Town Board to later have the ability to approve or disapprove a further revised Plan, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to distribute copies of this Plan to all Town Departments and the Warren County Office of Emergency Services, and the Town Supervisor, Town Safety and Compliance Officer and/or Town Facilities Manager to take any and all actions necessary to effectuate the terms of this Resolution and the Plan, as it may be amended. th Duly adopted this 16 day of November, 2020, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee RESOLUTION TO AMEND 2020 BUDGET RESOLUTION NO.: 381, 2020 INTRODUCED BY: Mr. Anthony Metivier 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 2020 Town Budget as follows: To Code Appropriation Code Appropriation $ REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 226 Increase Revenue 001-0000-Insurance 52680 Recovery 356 Increase Appropriation 001-3310-4160 Traffic Signs 356 040-9060-8060 Health Insurance 040-8340-2001 Equipment 8,000 nd Duly adopted this 2 day of November, 2020 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mrs. Magee 5.0 CORRESPONDENCE- NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT- 4 MINUTES) HIGHWAY SUPERINTENDENT, DAVID DUELL- Acknowledged the passing of Bill Hughes, Sr. Mr. Hughes was a 37 year employee of the Highway Department. Offered thoughts and prayers to his family on behalf of the entire Highway Department. SUPERVISOR STROUGH- Very sorry to hear of the passing of Bill Hughes. Extended condolences to the family and noted the Town’s appreciation for all that he did to make our community a much nicer place. FLORENCE CONNER- Asked if there was anything the Town can do about the deer problem on Assembly Point. There is an overpopulation in that area. SUPERVISOR STROUGH- Made numerous phone calls on the matter. 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE (WARD III)- Wished everyone a Happy Thanksgiving. Asked everyone to stay safe and remember to follow guidelines. COUNCILMAN FREER (WARD II)- Happy to hear that the second COVID vaccine is in the works. Wished everyone a Happy Thanksgiving. COUNCILMAN METIVIER (WARD I)- Happy Thanksgiving to everyone. SUPERVISOR STROUGH-  Spoke regarding the various trails within the Town of Queensbury. A reminder that ATV’s and dirt bikes are prohibited on these trails.  Reviewed both the Lake George Association and Lake George Land Conservancy newsletters. REGULAR TOWN BOARD MEETING, 11-16-2020, MTG#36 227  Received two letters from constituents thanking the Highway Department for their hard work.  Thanked Look TV and our sponsors for televising these meeting.  Thanked Peter Pepe of Pepe Productions.  Thanked all who attended the meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 382, 2020 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 16th day of November 2020, by the following vote: AYES: Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: Mrs. Magee RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY ROSE MELLON, DEPUTY TOWN CLERK I