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02-08-2021 MTG#6 REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 405 REGULAR TOWN BOARD MEETING (ZOOM) MTG#6 TH FEBRUARY 8, 2021 RES# 63-74 7:00 P.M. B.H. 7-8 L.L. 2 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. PRESS LOOK TV, POST STAR, STEVE THURSTON (ZOOM) PLEDGE OF ALLEGIANCE LED BY COUNCILMAN GEORGE FERONE SUPERVISOR STROUGH-Called meeting to order…. 1.0 RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. 63, 2021 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 session and enters into the Queensbury Board of Health. th Duly adopted this 8 day of February, 2021 by the following vote: AYES: Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES: None ABSENT:None CONTINUATION OF PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF JOHN AND MARY JO SABIA SUPERVISOR STROUGH-John and Mary Jo Sabia who have a place on Glen Lake were to revamp a few things and come back with something that wasn’t asking for as many variances. I said that we would leave the public hearing open and not take action until they came back. They haven’t come back with a plan yet. Having said that, is there any member of the public with us today who would like to speak to the John and Mary Jo Sabia Sewage Disposal Variance Application? NO PUBLIC COMMENT PUBLIC HEARING TO REMAIN OPENED PUBLIC HEARING ON SWAGE DISPOSAL VARIANCE APPLICATION OF ROGER AND JOYCE RUBRECHT TH PUBICATION DATE: JANUARY 29, 2021 AGENT DENNIS MACELROY – ENVIRONMENTAL DESIGN PARTNERSHIP, LLP SUPERVISOR STROUGH-Reviewed application before opening public hearing. Asked Dennis MacElroy to explain the need for the application. REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 406 COUNCILMAN MCNULTY-Questioned the sheet noting there are eight variances. Questioned if numbers seven and eight the absorption fields does that require a variance. DENNIS MACELROY, ENVIRONMENTAL DESIGN PARTNERSHIP-Yes. The parcel in question is about an eight thousand square foot lot. The Rubrechts have acquired this property through a family transfer and hope to move there. We did an initial inspection of the existing system and found that there were some problems with that. They have asked me to come up with some plan of a system that would be a good replacement system for that property. We have shown the system being a Clarus Enhance Treatment Unit. The effluent would flow into a pump tank, which would have a UV light unit within it so that we get disinfection of that effluent before it is pumped to a bed distribution area on the southern side of the property that would be a pressurized distribution system. We have tried to maximize the efficiency and treatment of the effluent we cannot avoid several variance conditions as you have listed. John just to clarify. There is as Tim indicated variances seven and eight. Somehow, that was missed in the initial meeting. I called Rose the next day and identified those and she made whatever corrections. I think your paperwork should reflect that. I think Counsels Office might have been conferred with on just the fact that it wasn’t mentioned at that previous meeting. SUPERVISOR STROUGH-Dennis I was reading from my old one. You are right. If I look at the new one because all my notes are on the old one. There is seven. Absorption field six foot from the south property line in lieu of the required ten-foot setback. Eight. Absorption field five feet from the dwelling in lieu of the required twenty-foot setback. There are eight variances being requested. Thank you for the correction. MR. MACELROY-That is primarily related to two wells. One well that serves this lot itself. It is located in the southeasterly corner of the property. There is a neighboring well on the Lejuez’s property to the immediate west. Because we got these, various components…the treatment tank, pump tank and the field itself…horizontal setback variance. It adds up, but is all related to the same two wells. That is the reasons why we have added and made part of the system an enhanced treatment unit. Clarus Fusion 450 and the UV light system within in this case contained within the pump tank. That is the mitigation measures that we are proposing to be able still have an in ground system on the property. We tried to position that disbursal field, which is on the southern portion of the lot between the house and that little stub street Cherry Tree Lane. We tried to maximize the distance from the neighboring well and from the well on the property itself. I would note the Lejuez’s well is about six hundred feet deep. The well on this property is four hundred and eighty feet deep. Typical Assembly Point wells that are very deep. These two are classic examples of what you need to do to have a drilled well on Assembly Point. That is where all these different variances come into play. Setbacks to property lines. Setback to foundation. That is why it totals the eight that we have, which is admittedly a big number. This is because we have the three different components that each are dealing with the required setbacks that exist. COUNCILMAN FERONE-Sorry I did not get up there to meet with you today. A couple questions. You mentioned that the Rubrecht’s are planning to move into this home. Is this seasonal or year round. MR. MACELROY-Year round. COUNCILMAN FERONE-I had a conversation with John a little bit earlier. I know I had some concerns with one absorption field that is thirty-seven feet from the required one hundred setback. You mentioned the ultraviolet. They are so close here….backup do these…fields ever fail. If they did how would the homeowner, know that the effluent is not being affected by the ultraviolet that it should be? MR. MACELROY-There is an alarm system on the UV light unit, which would be tied back into the control system in the house. There would be an alarm signal that would be activated. COUNCILMAN FREER-What if they had a power outage. How is that handled? MR. MACELROY-If there is a power outage the pumps would not operate. The water supply would not operate. You would not be generating water that would then be discharged through the treatment system. All these components. The Clarus Fusion Unit. The pump system. The REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 407 UV light are all-dependent on electricity. If that goes most importantly the water supply itself would not be from the drilled well. In this particular case, this is served by the Shore Colony Water District. Seasonally there could be water supplied through that system if they so choose to use. It is typical many of the houses on Assembly Point or in this district I should say, in the Shore Colony District are connected. In that particular case you could potentially have the situation where that water supply is still active not potentially affected by the power outage. Then your discharge system so you would have an alarm mechanism that could also shut off your water supply. That is typically done with holding tank systems as you probably remember. If an alarm condition occurs, then there is a cutoff of the water supply. COUNCILMAN MCNULTY-Dennis do you want to comment that the third or fourth bedroom that we discussed earlier. MR. MACELROY-Evidently the assessment records list a four-bedroom house. These owners when I discussed this design with them indicated three bedroom that is what they were familiar with. There is a space in the second level. It is a dormered space that probably is what was considered a fourth bedroom. They certainly are willing to make any condition of approval that would make it a three-bedroom house and only used as a three-bedroom house. That space is upstairs space. It is finished, but it is like a finished attic, which is used primarily for storage. If there needs to be a condition of approval that prohibits that being used as a bedroom then so, be it. They are certainly willing to make that commitment. COUNCILMAN FERONE-Dennis another thing we talked about with the other system. Most of these systems require some form of maintenance. If there something inside the mechanism when the electricity is out the system does not operate. That would give the owners some type of signal that they have to have the maintenance done so the system is working most optimally the way it is supposed to be. MR, MACELROY-The Clarus Unit being an enhanced treatment unit does come with a Maintenance Agreement with the supplier. That is something that results in an annual inspection of the system. A system like this would have alarm mechanisms. If the flow wasn’t being pumped if there was a power outage again then the alarm mechanism would work to that. The Maintenance Agreement, which does require an inspection of the system on an annual basis, when those are first purchase the Clarus happens to come with a four year Maintenance Agreement built into the initial purchase of the system. It is something that has to be continued and the property owner would have some fee that they would pay on an annual basis to receive that inspection by the manufacturer. That is something that has to be conditioned that ongoing maintenance be provided by the manufacturer’s representative. COUNCILMAN FERONE-Thank you. SUPERVISOR STROUGH-Any additional questions for the Board before I ask the public if they would like to speak to this? COUNCILMAN FREER-John my concern is the separation from the unit to the neighboring well. If the occupant or current owner has a problem with the system, they will know they will get the alarm. We are pretty close to another well. There is no mechanism for that person to know that the UV light has burned out. It is now more risky to his well or the neighboring well. If the UV light burns out the owner will know. If they are not around or they neglect it not this owner, but another owner it doesn’t seem to me that we do not have much protection for the other neighbors well as we move forward. SUPERVISOR STROUGH-The other thing too, if this become a short-term rental and they are going to maximize four bedrooms on a system that was not designed for four bedrooms that is a concern, too. Anyone else on the Board, anyone in the audience like to speak to this? PUBLIC HEARING OPENED SUPERVISOR STROUGH-Joyce writes. We will be using the space that was used as a bedroom in the attic as only an attic. We need that space for storage, as there isn’t much storage in the house. That is probably you Joyce. If you were to sell, the place and it were to become a REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 408 short-term rental would they abide by that as well. I am not sure. Any other member of the attendees at tonight’s Town Board Meeting wish to speak to this application? DEPUTY TOWN CLERK O’BRIEN-Read the following into the record regarding Roger and Joyce Rubrecht Sewer Variance Application. Letter from Paul Schonewolf received February th 5, 2021. (On file in Town Clerk’s Office) Kathy and I are in favor of making variance adjustments to permit installation of new septic system, which will benefit all of the neighbors. Email received February 2, 2021 from Timothy Bechard (on file in Town Clerk’s Office) We are writing in support of the application for the septic upgrade for the property owned by Roger and Joyce Rubrecht located at 33 Honeysuckle Lane, Lake George, NY. Email received January 3, 2021 from Jeffrey Lejuez (on file in Town Clerk’s Office) I am the owner of the property, adjacent to the above property. I fully support the Rubrecht’s upgrading the existing septic system in the location indicated on the plans to the easterly line of my property. Thank you. SUPERVISOR STROUGH-Town Counsel did you have anything? TOWN COUNSEL, SCHACHNER-My concern was already addressed. SUPERVISOR STROUGH-Okay. MR. MACELROY-John can I just add that those three comment letters came from the three immediate neighbors. One that is across the street from Honeysuckle. One that is directly to the north. The property directly to the west, which is the property that contains the neighboring well. That was the last comment the letter that Karen read that Jeff Lejuez. He was in agreement, but Harrison’s point is well taken. It does require the upkeep of any of the mechanical systems. That is true for any system that we propose and have installed. This one happens to involve variances so this makes it a little more sensitive. COUNCILMAN MCNULTY-Dennis his well is six hundred and eighty feet below. MR. MACELROY-Six hundred feet deep is what he reported to us. COUNCILMAN MCNULTY-What was his comment. That nothing is ever going to get down that low or something? MR. MACELROY-That was his remark to us. Obviously, we still have to provide mitigation measures to protect and to have reasoning for granting variances. SUPERVISOR STROUGH-It is eight variances. That bothers me, I am kind of on the fence here. On the other side, though I think you designed as about an efficient system as you could possibly design especially given the constraints of the size of the lot. You are putting in a Clarus Fusion 450. You are putting in the ultra violet system so that will kill any pathogens before they enter the soil anyways. You have stone absorption field. You have the pressurized system. It is not on the lake. So that the public knows this is towards the center of Assembly Point. There are a lot of mitigating circumstances. Nevertheless, it is eight variances. The two that bother me the most are the proximity to the well. On the other side, the wells are very very deep, as I understand they have to be on Assembly Point. They are incased. I do not know. Help me out here Board. COUNCILMAN FREER-I think they did a good job. We talked before about the hundred feet and how that….systems are starting to push the…of that. Especially the fact that it is not near the lake. I would support it. COUNCILMAN MCNULTY-I think the plan that they put together mitigates the concerns. I would support it as well. REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 409 COUNCILMAN FERONE-I would support this. We had three emails from neighbors who are supportive of this. That usually gives me pause when the neighbors have a problem they do not. They seem to be familiar with the situation so I would say I would approve it also. COUNCILMAN METIVIER-Dennis can I ask you a question. Where the house is going up are they keeping the existing well or they moving that? MR. MACELROY-The house that is going up the Shard house does not have a drilled well. COUNCILMAN METIVIER-They do not. MR. MACELROY-It is seasonal on the Shore Colony System. COUNCILMAN METIVIER-That one on the corner? MR. MACELROY-The new house that is being built now. COUNCILMAN METIVIER-On the corner. MR. MACELROY-On the corner of North Lane and Honeysuckle. COUNCILMAN METIVIER-They don’t have a drilled well. MR. MACELROY-Not at this time. If they do, I know John asked that question when we were out there today. I didn’t offer this. I know in talking with them that if they do have a well it would be in the front west corner of that property. Currently that house will be served by seasonal water. That is their intent of the use of the property. They are a retired couple that will be here seasonally. COUNCILMAN METIVIER-I have a feeling eventually it will all…. We have no recourse with these well drillers do we. They can pop it anywhere that they want right. MR. MACELROY-That is a weak point of the regulations. I have discussed this with the property owners a number of times in general. There is not a permitting process for a well. If you have an existing property, you have an existing septic system, and you are not subject to that review then you could have a well driller come out and drill a well. While they should be mindful of separation distances to your septic system or a neighbor’s septic system that does not always, happen. On smaller lots, there is not much you can do about it. If the reverse is the case, where an owner is seeking a replacement wastewater system and there are existing wells those always have to be identified through the permit process. The reverse isn’t true. Anybody can drill on their property without a Town permit. SUPERVISOR STROUGH-Anything else Tony? COUNCILMAN METIVIER-No I am good thank you. SUPERVISOR STROUGH-The loose end is the three bedroom verses the four-bedroom thing. The assessment of the house calls it a four bedroom. The system is designed for three bedrooms. They say that the other space, which is on our assessment as a fourth bedroom is not a bedroom. They are saying it is an attic for storage. Can we base our approval that the attic space as discussed today never be used for a bedroom? How can we prove that if we do? I am having trouble with that. TOWN COUNSEL, SCHACHNER-I can offer a comment. I don’t know if it is persuasive. You asked a two-part question. I am paraphrasing. Can we approve it as three bedroom not a four bedroom? Approve it meaning presumably with a disposal system. Number two, how do you police it? Decent answer to the first question. Lousy answer to the second part of the question. The first part, I jotted as a possible condition as a new resolve. Resolved, that this approval is for use of the property for a three bedroom residence only. It is easy to put that in the Resolution. The second part of your question is how can we police it. That is one of the age-old nightmares in our experience at least nightmares of enforcement. Does Dave Hatin show up, see, and say, hey, I am here to look at the attic. That is a tough scenario. REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 410 COUNCILMAN FREER-The solution to that John I think is to require a four-bedroom system it might be more expensive. It might even need more variances is that right Dennis? MR. MACELROY-Correct. You would have to expand the absorption bed area by twenty five percent. That just was maybe stretching it beyond what I felt was reasonable. COUNCILMAN MCNULTY-Dennis…absorption field for the four bedrooms. MR. MACELROY-It would just draw it closer to either of the wells. Primarily in this case where the field is located the well on the property. COUNCILMAN FERONE-I think the best we can do is I like the recommendation from Counsel to add that Whereas. I mean you can say it is for short-term rentals. If this turned into a short- term rental, it would be based on the number of cars there. I think Dave could tell whether it is being abused. SUPERVISOR STROUGH-What we use for a short-term rental is we use our assessment page. We go to the assessment page. It says four bedrooms. All right, you allowed two people per room. You are allowed so many cars based on the bedroom. I would like to ask the owner that they go to the Assessment Office and try to get them to try and change the assessment to a three- bedroom assessment. That way it is clear as we go forward. If this is an attic area and doesn’t have a closet and so forth, perhaps it should not be listed as a bedroom in the first place. We do come across these number of bedroom issues quite frequently. Town Counsel is that something we could add to the Whereas. Whereas, only three bedrooms are ever to be used. The owner has to make an effort to go to the Assessor’s Office and have it changed to a three-bedroom residence. It might be better for the taxes. In order for us to keep track of what is going on that might be a record of it. TOWN COUNSEL, SCHACHNER-I think Councilman Ferone characterized my suggestion as added a Whereas. Just so I am clear, I am not proposing to add a Whereas. I am proposing to add one or two Resolves towards the end of the resolution. I already read one that you could add if you want to condition the approval on use of the three bedroom. The answer to John’s question is. Yes, we could. I just jotted it down. Be it further, Resolved, that the Assessor shall be asked to review the classification of the residence and change it from four bedrooms to three bedrooms. Understand that the reason I wrote it that way the Assessor shall be asked. I will change that to shall be requested. What is says, is requested to the Assessor has her own discretion. We cannot tell the Assessor change the assessment change the data to reflect three bedroom verses four bedroom. We can only make the request and condition the approval on that request being made. If you want to take that, a step further I am not saying to do this it is up to the Board. If you want to take that a step further and really want to make it a binding condition then we would simply say, that it is conditioned on the Assessment classification being modified from four bedroom to three bedroom. If the Assessor does that then that condition is fulfilled. If the Assessor does not do that then the condition is unfulfilled and the variance is not valid. SUPERVISOR STROUGH-I like that. COUNCILMAN MCNULTY-….in the future…I want to change this back to four-bedroom correct. TOWN COUNSEL, SCHACHNER-Yeah, except the Assessor would be aware of this approval and might be hesitant to do that. The answer Tim is yes, but the Assessor would be aware of this approval and perhaps would be hesitant to do that. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-If it ever become a short-term rental we have three bedrooms on record. That is going to limit the number of people in that house. These is what we use to make our Assessment of how many people are allowed to stay that as a number of bedrooms. Let’s make the resolve clear. If you are happy with that, I will ask for approval based on the resolve. TOWN COUNSEL, SCHACHNER-Karen did they close the public hearing? REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 411 DEPUTY CLERK O’BRIEN-No not yet. COUNCILMAN FREER-John, Joyce has written something else. You might want to read it into the record in the Chat. SUPERVISOR STROUGH-Joyce says we will be happy to comply with any measures you wish to attach to this application. Any Whereas or Resolve is fine. We have no interest in renting the place. We are fine with the Assessor in resolving this problem. Would you read to the Town Board the resolved, the version that makes it approval based on the owner obtaining a three- bedroom assessment? In other words, the Assessor will have to go and review that again. TOWN COUNSEL, SCHACHNER-I am proposing to add two new Resolved paragraphs. The first Resolved starts on page two. Now therefore be it Resolved, items one and two. The second one is be it further Resolved then it list the eight variances. Then right after that, I am suggesting a third resolve paragraph that would read. Be it further Resolved, that this approval is for use of the property for a three-bedroom residence only and is so conditioned. Then I am suggesting then there would be added a fourth. Be it further Resolved, that this approval is conditioned on assessment classification of the residence being changed from four bedroom to three bedroom. SUPERVISOR STROUGH-That sounds good to me. Town Board? COUNCILMAN FERONE-Sounds good. SUPERVISOR STROUGH-The rest of the Resolved is just outlined. Resolved, three and four added as described by Town Counsel. PUBLIC HEARING CLOSED RESOLUTION APPROVING SANITARY SEWAGE DISPOSAL VARIANCES OF ROGER AND JOYCE RUBRECHT RESOLUTION NO.: BOH 7, 2021 INTRODUCED BY: Mr. Tim McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Roger and Joyce Rubrecht (Applicants) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a: 1. Absorption field 54’ from a neighboring well in lieu of the required 100’ setback; 2. Absorption field 37’ from the onsite well in lieu of the required 100’ setback; 3. Tank 38’ from a neighboring well in lieu of the required 50’ setback; 4. Pump tank 28’ from a neighboring well in lieu of the required 50’ setback; 5. Force main/pump tank 5’ from the property line in lieu of the required 10’ setback; 6. Absorption field 4’ from the west property line in lieu of the required 10’ setback; 7. Absorption field 6’ from the south property line in lieu of the required 10’ setback; 8. Absorption field 5’ from the dwelling in lieu of the required 20’ setback; on property located at 33 Honeysuckle Lane Road in the Town of Queensbury, and REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 412 WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the th variance requests on Monday, February 8, 2021, and WHEREAS, the Town Clerk’s Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and are the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the Applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Roger and Joyce Rubrecht for variances from the Sewage Disposal Ordinance to install a: 1. Absorption field 54’ from a neighboring well in lieu of the required 100’ setback; 2. Absorption field 37’ from the onsite well in lieu of the required 100’ setback; 3. Tank 38’ from a neighboring well in lieu of the required 50’ setback; 4. Pump tank 28’ from a neighboring well in lieu of the required 50’ setback; 5. Force main/pump tank 5’ from the property line in lieu of the required 10’ setback; 6. Absorption field 4’ from the west property line in lieu of the required 10’ setback; 7. Absorption field 6’ from the south property line in lieu of the required 10’ setback; 8. Absorption field 5’ from the dwelling in lieu of the required 20’ setback; on property located at 33 Honeysuckle Lane Road in the Town of Queensbury and bearing Tax Map No: 226.19-1-52, and BE IT FURTHER, RESOLVED, that this approval is for use of the property for a three-bedroom residence only and is so conditioned, and BE IT FURTHER, RESOLVED, that this approval is also conditioned on assessment classification of the residence being changed from four bedroom to three bedroom, and REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 413 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 8 day of February, 2021, by the following vote: AYES : Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES : None ABSENT: None RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO. BOH 8, 2021 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 session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 8 day of February, 2021 by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT:None 2.0 PUBLIC HEARING PUBLIC HEARING PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECRATION COMMERCIAL (RC) AND AMEND TOWN ZONING MAP PUBLICATION DATE: JANUARY 29, 2021 AGENT JON LAPPER, ESQ. SUPERVISOR STROUGH-These two properties are properties that are already owned by Apex the Corporate entity here. We know it better as the West Mountain Ski Center. There are two parcels to the south. One has a house on it the parcel number is 315.5-1-3.2 and parcel number 315.5-1-2 they are currently Moderate Density Residential. They are asking us to rezone them to be the same as the rest of the Apex and West Ski Centers properties, which is (RC) Recreation Commercial. Zoning them as recreation commercial would allow them to expand any of the related uses that are allowed in the recreational commercial zone, such as the Ski Center. Anything that is related to the Ski Center in this case expanded parking I presume is what is being asked for. It is not spot zoning it is an extension of the current zone that is being used in a recreation commercial manner. The Town Planning Board has done a SEQRA review. They have issued a SEQRA Negative Declaration on both the proposed site plan and the zoning change. We are only concerned here about the zoning change. I know there are some residents who are concerned about the potential impacts on their house, home or property. We are only REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 414 looking at the rezoning. Is what they are requesting reasonable and appropriate given all the circumstances we are aware of. Some of the neighbors have said that they have this issue and that issue. The Planning Board will be doing a site plan review. This is only before the Town Board for a rezoning from Moderate Residential to Recreation Commercial. Any specific plan would go before the Planning Board and the public again would have the opportunity to speak to those more specific changes. Again, this had a SEQRA and the Planning Board did the SEQRA and again a Negative Declaration meaning no major impacts were identified. They have in turn consider the rezoning request and they have issued a favorable recommendation to the Town Board on that matter regarding the proposed zoning district changes. Before we are allowed to do any zone change, we, of course, are going to hold a public hearing in accordance with Town Law 265 the Municipal Home Rule Law and the Town of Queensbury Zoning Code. Also, I want to mention that the Warren County Planning Department reviewed this proposal. We received correspondence from them today. They believe that the rezoning would have no County impact. Having said that I see the Agent for the Applicant is on board, Jon Lapper. He has his hand up so I will allow him to talk. ATTORNEY LAPPER-Just to elaborate on what the Supervisor said. Spencer Montgomery is on. Jeff Anthony and Matt Huntington are on as well from Studio A Landscape Architecture and Engineering. We have been before the Planning Board for probably close to a year on this. We had Chazen sign off before we got to the recommendation for the rezoning. We addressed buffering issues, berms. A lot of design issues to satisfy the Planning Board. We think that it is in the Town’s interest because West Mountain is obviously important for recreation for everybody in the Town. We think that there have been situations where during race days especially where there has been overflow parking onto West Mountain Road, which is not good, this should elevate that. It doesn’t make sense to have two residential properties right in front of the parking lot anyway with the parking lot behind them and the road in front. I think this has…pretty well at the Planning Board to get to this point. I have everybody on if there are any questions. SUPERVISOR STROUGH-Any questions from the Town Board to the applicant’s Agent. COUNCILMAN MCNULTY-Over the weekend I went over to walk it. It is five hundred yards away so it wasn’t that much of a task. I walked the ground. There were races going on. There were cars. They were only parked on one side of the road this time. There has been weekends when they are parked on both sides. It is definitely a public hazard. Behind the houses the land they are talking about it is already cleared so we are not talking about taking down a number of trees. Is that correct John? ATTORNEY LAPPER-Yes. COUNCILMAN MCNULTY-Our last meeting we had a couple of site maps. They talked about the vegetation. They will be putting up around to try to screen it from the neighbors and also reduce some of the noise. I would ask for the sake of the neighbors would Apex be willing to just open up that extended lot on race days or on holidays? To use it as an overflow when needed. On normal days, have it closed so there is not traffic. ATTORNEY LAPPER-The reason that they rather not do that is that they see this as a good lot for their employees. They want the guests to be able to park closer to the Lodge to be hiking in their ski boots. They really do feel that this is going to get used a lot. COUNCILMAN MCNULTY-By employees. So hopefully there…will be a lot of people coming in and out. It could be disrupted to the neighbors. ATTORNEY LAPPER-There could be situations where there would just be guest. Primarily yes, employees. SUPERVISOR STROUGH-Jon I understand that it has been discussed that the Montgomerys are willing to try and mitigate the impacts on the neighbors by using vegetation, plantings, berms, other things are possible. They are open to this I understand. ATTORNEY LAPPER-Yes. We have been talking to the Planning Board about just those items John. REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 415 COUNCILMAN FERONE-This has been around quite a while. I know it has to be a year or more that John Strough and I were in his vehicle and we went by and talked about that property. If my memory serves me correctly, is there a structure on that property? ATTORNEY LAPPER-Yes. COUNCILMAN FERONE-What are the plans for that? ATTTORNEY LAPPER-Something will happen with that. They do not have any plans now. It will get fixed up something will happen. COUNCILMAN FERONE-Thank you. COUNCILMAN FREER-My question is what is it worth for us to do this to the Organization that is requesting it. My reason for asking that question is I keep thinking that we need some better sidewalks. Yet nobody….have the money to do that. Here we have a Commercial Company asking for a zoning change. My question is what can we negotiate that it would be worth to the Commercial Company. ATTORNEY LAPPER-Where do you want sidewalks Harrison? COUNCILMAN FREER-Not that location. I am just saying that I would like some kind of discussion about how we can fund safety of pedestrian safety near School Systems within the Town of Queensbury, which nobody has been able to move up the priority list. I am not saying I know exactly which sidewalk I would want to build. I am just saying that this commercial venture is asking this Town to do something. My question is what is it worth to them. COUNCILMAN MCNULTY-Have we asked other commercial venues to do this previously? COUNCILMAN FREER-This is my understanding of an Association of Towns recommendation on how do deal with shortfalls in rezoning requests from commercial operations. COUNCILMAN MCNULTY-Thank you. SUPERVISOR STROUGH-I do have correspondence and perhaps Karen has more. I am going to open the public hearing. I have correspondence from Cynthia Bishop. In reference to the rezoning of these two properties. Her residence is immediately to the south. She writes she does support the success of the nearby business neighbor. We acknowledge the need for overflow parking. We share many of the site-specific concerns previously expressed by other property owners who live adjacent to the proposed parking lot expansion. Any additional comment we have is more general in nature. The 2007 Comprehensive Land Use Plan lists ongoing action items including making rezoning rare. Recommendation G.4 recognizes the need for businesses and homeowners to be able to rely on what may or may not crop up next to them. We assume Apex Capital purchased those two properties knowing their allowable uses as zoned. As an option, the parking lot at the North West lodge, in our opinion, could be improved and used for additional spaces that Apex Capital seeks. Using this option would avoid zoning law change and thereby be more in line with Queensbury’s Comprehensive Land Use Plan. As Town Board Members, please give much consideration to G.4 when deciding on rezoning of these parcels. Cynthia Bishop lives at 37 West Mountain Road, which is immediately adjacent to these two parcels. Are there any other correspondence Karen? DEPUTY CLERK, O’BRIEN-No. SUPERVISOR STROUGH-I will open the public hearing. Any member of the public wish to speak to this rezoning application before us right now? PUBLIC HEARING OPENED NO PUBIC COMMENT PUBLIC HEARING CLOSED REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 416 RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2021 TO AMEND CHAPTER 179 ‘ZONING’ OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC)” AND AMEND TOWN ZONING MAP RESOLUTION NO.: 64, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 2 of 2021 entitled, “A Local Law To Amend Chapter 179 “Zoning” Of Queensbury Town Code To Change Zoning Of Certain Property From Moderate Density Residential (MDR) To Recreation Commercial (RC), and WHEREAS, Apex Capital, LLC submitted a zoning change application to the Queensbury Town Clerk’s Office on July 11, 2019 requesting a change of zoning district from Moderate Density Residential (MDR) to Recreation Commercial (RC) on Tax Map Parcel Nos: 315.5-1-3.2 and 315.5- 1-2 to allow for the expansion of the West Mountain Ski Area parking lot, and WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application for the expansion of the West Mountain Ski Area parking lot, construction of a zip line attraction and approval of an existing mountain biking venue, and WHEREAS, by Town Board Resolution No.: 269,2019, the application for zoning changes was forwarded to the Town Planning Board for SEQRA review and recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, on December 22, 2020 the Town Planning Board issued a SEQRA Negative Declaration on both the proposed site plan and proposed zoning change, and WHEREAS, on December 22, 2020 the Town Planning Board issued a favorable recommendation to the Town Board regarding the proposed zoning district changes, and WHEREAS, before the Town Board may amend the Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Code, and REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 417 WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Zoning Law amendments to the Warren County Planning Department on January 28, 2021 to obtain a recommendation from before enacting the legislation, and WHEREAS, on or about February 8, 2021 the Warren County Planning Department considered the proposed Local Law and determined that it would have no County impact, and WHEREAS, the Town Board duly conducted a Public Hearing concerning adoption of Local Law No.: 2 of 2021 on February 8, 2021, heard all interested parties and closed the public hearing, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2021 as presented at this meeting, hereinafter referred to as the “legislation,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the filing of the attached SEQRA Negative Declaration - Notice of Determination of Non-Significance for this action, and BE IT FURTHER RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 2 of 2021 to amend Queensbury Town Code Chapter 179, “Zoning,” entitled, “A Local Law To Amend Chapter 179 “Zoning” Of Queensbury Town Code To Change Zoning Of Certain Property From Moderate Density Residential (MDR) To Recreation Commercial (RC)” in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: 2 of 2021 to the Town Planning REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 418 Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit approved Local Law No.: 2 of 2021 to the New York State Secretary of State for filing, 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, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. th Duly adopted this 8 day of February, 2021, by the following vote: AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: None LOCAL LAW NO.: 2 OF 2021 A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC) BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section 1. Intent; Authority – The Town Board seeks to change the zoning district designation of two (2) parcels of land from Moderate Density Residential (MDR) to Recreation Commercial (RC). This Local Law is adopted in accordance with the New York State Municipal Home Rule Law. Section 2. Amendment of Zoning Map – The Town of Queensbury Zoning Map referenced in Town Code §179-3-010 is hereby amended to reflect a zoning district change for two (2) parcels of property on West Mountain Road from Moderate Density Residential (MDR) to Recreation Commercial (RC), such properties bearing Tax Map Parcel numbers as follows: 315.5-1-2 315.5-1-3.2 Section 3. The map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. 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. REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 419 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 Zoning Law. 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 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING ACCEPTANCE OF $900 DONATION FROM JOHN STROUGH FOR CONSTRUCTION OF HALFWAY BROOK TRAIL SIGN RESOLUTION NO.: 65, 2015 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, and WHEREAS, John Strough has offered to donate $900 to the Town of Queensbury for the construction of signs to be erected at the Halfway Brook Trail, thanking the various supporters of construction of the Halfway Brook 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, in accordance with New York State Town Law §64(8), hereby approves and accepts the $900 donation from John Strough, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 420 RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to deposit the donation in such account she deems appropriate, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to send a certified copy of this Resolution to Mr. Strough with a letter from the Town thanking him for his generosity. th Duly adopted this 8 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty NOES : None ABSENT: None ABSTAIN:Mr. Strough RESOLUTION AUTHORIZING ADDITIONAL ENGINEERING SERVICES PROVIDED BY LABELLA ASSOCIATES, D.P.C. RELATED TO UTILITY INFRASTRUCTURE (HVAC) IMPROVEMENTS PROJECT RESOLUTION NO.: 66, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Timothy McNulty WHEREAS, by Resolution No.: 483,2013, the Queensbury Town Board established the Town Office Complex Improvements Capital Project Fund #203 for funding of certain improvements at the Town’s Office Building Complex, and WHEREAS, by Resolution No.:101,2018 the Town Board authorized engagement of LaBella Associates, D.P.C. (LaBella) for professional engineering services related to the design and implementation of utility infrastructure/HVAC improvements at the Queensbury Town Hall and Activities Center (Project) for the amount of $50,000, and WHEREAS, by Resolution No.: 50,2019 the Town Board authorized LaBella to provide additional services related to the addition of the design, removal and replacement of a cooling tower for an additional $4,000 and by Resolution No.: 416,2019 authorized LaBella to provide additional services resulting from the unexpected rebidding of the Project for an additional $7,000, and WHEREAS, the Town’s Facilities Manager has advised that LaBella provided additional engineering services above and beyond the previously authorized services as LaBella needed to re- engineer the natural gas service requirements of the Project due to unanticipated heavy natural gas demands placed on the existing supply system by the Town’s new Highway Department Garage Project (which Highway Project was not approved at the time of this Project’s approval), such additional services including significant communications with the gas supplier and the Highway REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 421 Project engineer to properly calculate and re-design equipment needs and capacities while also setting the framework for energy savings rebates, and WHEREAS, by letter dated January 28, 2021, LaBella has accordingly requested additional payment in the amount of $5,000 for these additional services, and WHEREAS, the Town Board wishes to authorize payment to LaBella for these additional engineering services, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and ratifies the additional engineering services provided by LaBella Associates, D.P.C. in the amount of $5,000 as set forth th in LaBella’s January 28, 2021 letter presented at this meeting and as delineated in the preambles of this Resolution to be paid for from Capital Construction Account No.: 203-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any needed documentation and the Town Supervisor, Facilities Manager, Purchasing Agent 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 8 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING EXTENSION TO QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE A PORTION OF MOUNTAIN TERRACE ESTATES SUBDIVISION AND AN OUT-OF-DISTRICT PARCEL RESOLUTION NO. 67, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 422 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) 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 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 was 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 Queensbury Planning Board, as the Lead Agency, performed the State Environmental Quality Review Act (SEQRA) review for the Subdivision, which included the proposed District Extension and determined that the project would not have a significant effect on the environment and issued a Negative Declaration, and WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk and made a part of the Map, Plan and Report, and th WHEREAS, on November 16, 2020, subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed District Extension; (b) the proposed improvements; (c) the maximum amount proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the proposed District Extension to the typical property and the typical one family home (if not the typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed District Extension, and WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with the Office of the State Comptroller, all as required by law, and REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 423 WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the estimated cost of hook-up fees (if any) and the cost of the proposed District Extension to the typical property and typical one family home (if not the typical property) were computed was filed with the Town Clerk for public inspection, and WHEREAS, a public hearing on the proposed District Extension was duly held on Monday, th December 7, 2020 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to establish the proposed District Extension as detailed in the Map, Plan and Report in accordance with Town Law Article 12-A, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1. The Order scheduling the Public Hearing was published and posted as required by law and is otherwise sufficient; 2. All property and property owners within the proposed District Extension are benefited thereby; 3. All property and property owners benefited are included within the limits of the proposed District Extension; and 4. It is in the public interest to establish, authorize, and approve the proposed District Extension as described in the Map, Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited areas of the proposed District Extension to be as described in and shown on the map of the proposed District Extension attached to the Map, Plan and Report; and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 424 RESOLVED, that the Town Board hereby approves, authorizes and establishes the Extension to the Queensbury Consolidated Water District to serve a portion of Mountain Terrace Estates Subdivision and a separate parcel currently receiving Town water under an “Out-of-District Contract” all located on Luzerne Road in accordance with the boundaries and descriptions set forth in the Map, Plan and Report, and construction of the improvements may proceed and service may be provided subject to the following: 1. The obtaining of any necessary permits or approvals from the New York State Department of Health; 2. The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3. The obtaining of any required approval(s) of the New York State Comptroller’s Office; 4. Permissive referendum in the manner provided in New York State Town Law Article 7; and 5. The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in accordance with the provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as provided therein, and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and to distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days to file a certificate to that effect in the Office of the County Clerk and with the State Department of Audit and Control. th Duly adopted this 8 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM LENA GAGNE RESOLUTION NO.: 68, 2021 INTRODUCED BY: Mr. Harrison Freer REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 425 WHO MOVED ITS ADOPTION SECONDED BY : Mr. Timothy McNulty WHEREAS, the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Lena Gagne – Iroquois Plot, Lot No.: 1, and WHEREAS, Ms. Gagne has requested that the Town’s Cemetery Commission buy back such lot, and WHEREAS, the Cemetery Commission and Cemetery Superintendent have recommended re-purchase of such lot and approval by the Town Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Cemetery Commission's re-purchase of a cemetery lot in the Pine View Cemetery from Lena Gagne – Iroquois Plot, Lot No.: 1 for the amount of $3,200, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Cemetery Superintendent to arrange for the payment of such amount to Ms. Gagne and properly account for the sales in the Town’s books and records, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Cemetery Superintendent and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING WATERLINE EASEMENT AGREEMENT BETWEEN CLEAR BROOK, LLC AND TOWN OF QUEENSBURY RESOLUTION NO.: 69, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Clear Brook, LLC owns certain lands in the Town of Queensbury located east of Big Boom Road and identified as Tax Map Parcel No.: 316.14-1-16 (Property), and REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 426 WHEREAS, the Property is subject to a Waterline Easement Agreement between Finch, Pruyn and the Town and Clerk Brook is the successor in interest to the Property, and WHEREAS, in accordance with the terms of the Waterline Easement, the Town constructed, installed and now maintains a road, a causeway over a canal and an underground waterline within the boundaries of the Waterline Easement, and WHEREAS, the Waterline Easement is more specifically located within that portion of the Property which is part of Lot 14 in the Clear Brook Subdivision, and WHEREAS, to reflect the change in use of the Property and the Clear Brook Subdivision, the Town and Clear Brook wish to affirm, amend and restate the Waterline Easement, and WHEREAS, a proposed Waterline Easement Agreement Between Clear Brook, LLC and Town of Queensbury is presented at this meeting and is in form acceptable to the Town Water Superintendent and Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the Waterline Easement Agreement Between Clear Brook, LLC and Town of Queensbury substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Waterline Easement Agreement Between Clear Brook, LLC and Town of Queensbury and take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of February, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING PROMOTION OF BRIAN PERRY FROM LABORER TO WASTEWATER MAINTENANCE WORKER II REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 427 RESOLUTION NO. 70, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Town of Queensbury’s Wastewater Director has recommended that the Town Board authorize the promotion of Brian Perry from Laborer to Wastewater Maintenance Worker II in the Town Wastewater/Water Department, and WHEREAS, the Wastewater Director has advised that Mr. Perry has the required two (2) years of job experience and a Class B Commercial Driver’s License, and WHEREAS, the Town Board wishes to authorize the requested promotion, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Brian Perry from Laborer to Wastewater Maintenance Worker II in the Town Wastewater/Water th Department effective on or about February 9, 2021 at the rate of pay specified in the Town’s CSEA Union Agreement for the position, and BE IT FURTHER, RESOLVED, that in accordance with the Town’s Agreement with CSEA, such promotion shall be subject to a 90 day trial (probationary) period and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Wastewater Director and/or Town Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of February, 2021 by the following vote: REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 428 AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ADOPTION OF FEBRUARY 2021 TOWN OF QUEENSBURY COVID-19 PANDEMIC RESPONSE PLAN RESOLUTION NO.: 71, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 previous Resolution 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 by subsequent Resolutions 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 for February 2021 as presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the February 2021 COVID-19 Pandemic Response Plan (Plan) in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, if necessary, to make 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 REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 429 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 8 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT : None RESOLUTION TO AMEND 2020 TOWN BUDGET RESOLUTION NO.: 72, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty 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 $ 001-1355-1010 Salaries 001-1330-1010 Salaries 2,100 001-1355 Salaries 001-1410-1010 Salaries 3,400 001-1420-4131 Litigation 001-1420-1010 Salaries 1,110 001-1670-4030 Postage 001-1680-4800 Eq Repairs 3,200 001-1950-4430 Prop Taxes 001-3410-1010 Salaries 2,700 001-1110-1010 Salaries 001-3620-1010 Salaries 5,600 001-3989-2899 Cap Constr. 001-3989-4400 Misc. Contr 760 001-1110-1010 Salaries 001-5010-1010 Salaries 2,300 001-7020-1010 Salaries 001-7110-1010 Salaries 6,300 001-1110-1010 Salaries 001-7510-1010 Salaries 300 REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 430 001-1355-1010 Salaries 001-8010-1010 Salaries 3,300 001-1355-1010 Salaries 001-8020-1010 Salaries 7,400 002-8810-4800-8811 Eq Repairs 002-8810-1010 Salaries 10,000 002-8810-4030 Postage 002-8810-1010 Salaries 2,000 002-0000-0909 Fund Balance 002-8810-1010 Salaries 20,600 002-9060-8060 Health Ins 002-9030-8030 Soc Sec 1,550 009-8160-2899 Cap Constr. 009-8160-1010 Salaries 3,000 009-1990-1010 Contingency 009-8160-1010 Salaries 3,600 009-8160-4110 Veh Repairs 009-8160-1020 OT 1,100 009-8160-4449- 009-9060-8060 Health Ins Trash Disp E 4,400 8160 009-0000-0909 Fund Balance 009-8160-4447 Trash Disp B 15,500 009-0000-0909 Fund Balance 009-8160-4449 Trash Disp R 2,500 th Duly adopted this 8 day of February, 2021 by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT :None RESOLUTION APPROVING AUDIT OF BILLS - WARRANT: 02092021 RESOLUTION NO.: 73, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 02092021 with a run date of 02/04/2021 and a payment date of 02/09/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 02092021 with a run date of 02/04/2021 and a payment date of 02/09/2021 totaling $1,181,375.13, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take such other and further action as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of February, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT : None REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 431 5.0 CORRESPONDENCE NONE 6.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE WARD III NOTHING TO REPORT COUNCILMAN METIVIER WARD I NOTHING TO REPORT COUNCILMAN FREER WARD II  Spoke regarding a Resolution that is heading to the County. Recommended that it be given to the Town Board so that they give their support. COUNCILMAN MCNULTY WARD IV  Spoke regarding a field trip he did with Jeff Speich, DEC Forest Manager. We talked about the Hudson Pointe Preserve and the downed trees. I also had an inquiry from a resident on Butler Pond Road and Buckbee Road. We looked at the trees and he said it is all normal growth. It is supporting the reforestation. It also supports the water table. When you have the down trees, it helps with water. I will respond to Dr. Klein that what he sees on Butler Pond Road is just normal wear and tear. We walked around Hudson Pointe Preserve. I noted my concerns about the down trees. He did not see much of a problem. He will get back to me with some notes. I will share this with the Board at the next meeting. I want to reach out to the Hudson Pointe Homeowners Association. He noted the work that the Parks and Recreation Department did after the trees came down was good. He suggested that we get back in there before spring due to some of the limbs that are hanging over trails that could be dangerous. SUPERVISOR STROUGH  Spoke regarding complaints of cleaning out of fire hydrants during the last snowstorm. They did get them cleaned out within the next week. There are 1,100 fire hydrants in the Town of Queensbury. We have encouraged people to clean out the fire hydrants that are near them. Thanked the Highway Department, Water Department for all of their help.  Read letter from resident who moved here from Rotterdam thanking the Highway Department for doing a wonderful job during the last snowstorm.  Read letter from resident thanking the Cemetery Superintendent and staff for the beautiful job they do in maintaining the Pine View Cemetery.  The Census Bureau recognizes the Town of Queensbury as an invaluable member of the 2020 Census Community Partnership and Engagement Program. We appreciate the efforts you made in making the Partnership Program a success in helping achieve a successful 2020 Census. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO. 74, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone REGULAR TOWN BOARD MEETING, 02-08-2021, MTG#6 432 RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 8 day of February, 2021 by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier NOES: None ABSENT:None Respectfully Submitted, Caroline H. Barber Town Clerk Town of Queensbury MINUTES PREPARED BY DEPUTY CLERK, KAREN O’BRIEN