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10-04-2021 MTG #32 Regular Town Board Meeting, MTG # 32, 10-04-2021 67 REGULAR TOWN BOARD MEETING MTG #32 TH OCTOBER 4, 2021 RES. #324-336 7:00 P.M. BOH #59-62 BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN GEORGE FERONE BOARD MEMBER ABSENT COUNCILMAN TIMOTHY MCNULTY TOWN COUNSEL MARK SCHACHNER, ESQ. SUPERVISOR STROUGH called meeting to order…. PLEDGE OF ALLEGIANCE LED BY SUPERVISOR JOHN STROUGH 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 324, 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 Regular Session and enters into the Queensbury Board of Health. th Duly adopted this 4 day of October, 2021 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 1.1 PUBLIC HEARING – Sewage Disposal Variance Application of Vincent O’Neill PUBLICATION DATE: SEPTEMBER 24, 2021 Supervisor reviewed proposed application… opened public hearing. DENNIS MACELROY-Thank you John. Dennis MacElroy with Environmental Design, here with Vince O’Neill, representing Vince on this application for a wastewater variance through the Board of Health. A little background on this property, 85 Pilot Knob Road is the residence that Vince and his wife Annie own. They’ve owned for 7 years or so and at that time actually when they first purchased it, they installed a holding tank system to serve that residence on the property that they own associated with 85 Pilot Knob Road. Subsequent to that they were able to purchase an adjacent property, an acre, 1.4 acres which is not lakefront but is contiguous to the property of 85 and we went through a process with the Zoning Board to take a little of that land from the lot at 91 Pilot Knob Road and add it to 85. That now is part of 85 Pilot Knob Road, it Regular Town Board Meeting, MTG # 32, 10-04-2021 68 provides the area necessary and available for a wastewater system, an onsite wastewater system. So of those holding tanks that are currently in place, three 1500 gallon tanks will keep the first two as conventional septic tanks and turn the third one into a pump tank which will now pump the via force main up to that land that we annexed onto 85. There is a relatively narrow strip ten feet wide, actually that heads eastward to make the connection with the new area plan and we’ve shown on the plans sort of a meandering force main because there is some existing vegetation that we would work around where we could and enable that force main to make its way up to the field area. So, that’s what we would propose and because it’s only ten feet wide and if we were straight down the middle it would be a five foot setback to each property line. Here I am just envisioning that we’re apt to be as close as two feet so that’s what the request is for is two foot setback variance for the force main. SUPERVISOR STROUGH-And the new system, the field is going to be three hundred and twenty-five feet from the lake because of the effort to buy this contiguous piece of property and on top of that, you’re putting an Eljen system in. MR. MACELROY-Correct. Yes, it will be a much better situation for the O’Neill’s to have that land available to have the system an onsite system because they then won’t be subject to the pump outs and what-not that they have accepted and lived with for 7 years. This is apt to be a better situation. SUPERVISOR STROUGH-Ok, and you are only asking for that one variance. MR. MACELROY-Correct. SUPERVISOR STROUGH-Alright, before I open up the public hearing are there any Town Board members that have any questions? COUNCILMAN FREER-The system is not going to be a joint, it is going to be strictly for 85? MR. MACELROY-Correct, we did testing on the remaining parts of the land of that contiguous lot so we know there’s area there for a system when and if it gets developed. COUNCILMAN FERONE-Dennis, my question is just point of information. Because of the length of the line, that pump has to be probably oversized to be able to pump that length? MR. MACELROY-That comes into play, the longer the line the more friction loss there is in the force main but it’s not significant. I mean it’s, whatever it’s going to be, two hundred fifty feet roughly, I didn’t even scale it. We did calculations the size of the pump so it’s not anything extraordinary. COUNCILMAN FERONE-And when there is systems that are set up like this, not specifically this one because I know we have had others, what happens if the pump fails? MR. MACELROY-Nothing pumps. COUNCILMAN FERONE-But how do you come to know that the pump failed? MR. MACELROY-There’s an alarm system. COUNCILMAN FERONE-Oh, there is, okay. MR. MACELROY-Sure and the design of the pump system will be a duplex pump that alternates each cycle so you have some redundancy. Not all pump systems are duplex, some are simply simplex, one pump but generally for the houses around the lake it seems like everybody opts for the duplex pump system. COUNCILMAN FERONE-Thank you. Thank you very much. Regular Town Board Meeting, MTG # 32, 10-04-2021 69 SUPERVISOR STROUGH-Ok, I will open the public hearing. Is there any member of the public that wishes to speak to this application for sanitary sewage disposal variance for Vincent O’Neill at 85 Pilot Knob Road tonight? Seeing none I will close the public hearing. PUBLIC HEAR CLOSED SUPERVISOR STROUGH-Any final comments or thoughts? How about a motion to approve? TOWN CLERK CAROLINE BARBER-I just have that one correspondence that was received from Mr. Kubricky and I believe I emailed that all to you. SUPERVISOR STROUGH-Ok, thank you and I believe we have all seen that and that’s a civil matter. RESOLUTION APPROVING VINCENT O’NEILL’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 59, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Vincent O’Neill (Applicant) filed an application for a variance from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a force main 2’ from the property line in lieu of the required 10’ setback on property located at 85 Pilot Knob Road in the Town of Queensbury, and WHEREAS, the Town Clerk’s Office published the Notice of Public Hearing in the Town’s official newspaper and the Local Board of Health duly conducted a public hearing concerning the th variance request on Monday, October 4, 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 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 Regular Town Board Meeting, MTG # 32, 10-04-2021 70 BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Vincent O’Neill for variances from the Sewage Disposal Ordinance to install a force main 2’ from the property line in lieu of the required 10’ setback on property located at 85 Pilot Knob Road in the Town of Queensbury and bearing Tax Map Nos: 227.18-1-13 and 227.18-1-16, 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 4 day of October, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. Strough NOES : None ABSENT: Mr. McNulty 1.2 PUBLIC HEARING – Sewage Disposal Variance Application of John and Margaret Markert. PUBLICATION DATE – SEPTEMBER 24, 2021 Supervisor reviewed proposed application and variances… opened public hearing. DENNIS MACELROY-Thank you again John, I am Dennis MacElroy with Environmental Design, here with John Markert to discuss a request for wastewater system variances for a proposed system at 390 Cleverdale Road. The lot in question is a small parcel. Those of you who went to site visit, you understand any of the properties at that tip of Cleverdale, none of them can meet any kind of one hundred foot setback or a field area, this lot included. The system that serves this property now is on the lakeside of the house. So therefore it’s in the range of thirty feet or so from the lake, a tank and some sort of dispersal. The owners are interested in proposing a new design, a new system in the event that they transfer within the family, that’s still subject to the transfer law. They have a younger generation that may take over the property. So we’ve proposed something that does require by number, a lot of variances. Six of them are associated with the location of the tanks, which are located in a parking area on the roadside of the house. If you’ve been there, again it’s narrow and, but the tanks can be placed under paved area, they just need to be heavy duty tanks. The technology proposed is an ETU, an Enhanced Treatment Unit. It happens to be a PuraSys SBR which is another one of the technologies that provides enhanced treatment. It actually happens to be the same technology that I’ve used and installed at my own family property on Assembly Point. It involves a conventional septic tank and then what’s referred to as a reactor tank, that’s where the treatment, the additional treatment takes place. And then that’s pumped to a pressurized stone bed area Regular Town Board Meeting, MTG # 32, 10-04-2021 71 which is in the northwest corner of the property, currently an area that had been, there was a boat parked there recently. That would be eliminated, the use of that. There could still be some sort of storage there but not parking on top of that. Again, that would be a time dose, well a sequential batch reactor so it is automatically a time dose system to a pressurized bed in that area. The issue here in my mind, the primary issue is the fact that the setback is fifty feet from the lake. That as close to the lake that I have proposed in the past. The property on Rockhurst just down the road, Weaver’s property. Harrison, if you know that, that happens to be in the same situation where we’ve got a fifty foot setback to the lake, when we used an enhanced treatment system. So, the other setbacks are again related to separation from the dwelling to the tanks, separation from the property line to the tanks. Those, I think are of lesser concern for me from an engineering standpoint. I think the field is the important issue here. SUPERVISOR STROUGH-Well, the other is that putting this arrangement there, you’re going to lose parking and parking is a premium, especially here. I mean we got that gate before you go into, in the old Ripley Point places, lack seasonal. COUNCILMAN FERONE-The question I assume, I guess I should state, the discussion I assumed that was had is, there was a discussion about holding tanks and that was not acceptable? MR. MACELROY-That’s not preferable, I think John can speak to that as we move forward here but it’s not the preference certainly of the owner to have a system like that. COUNCILMAN FERONE-Is it a seasonal residence or whole year round? MR. MARKERT-It is currently seasonal. I’d prefer to use it a lot more perhaps move up here. COUNCILMAN FREER-Dennis can you discuss the ETS technology compared to the Fuji and Clarus system. Is it comparable? MR. MACELROY-Yes, certainly. COUNCILMAN FREER-And then part of that is a UV front end, is that appropriate? MR. MACELROY-Well, it could be in this case. It’s not part of it, it’s a comparable technology because it’s all under the certification of what’s referred to as NSF40 guidelines which is the National Sanitary Foundation Independent Third Party Testing Organization that does studies of the technology to show that they meet the standards, in this case NSF40 and that involves ninety percent reduction of BOD, ninety percent reduction of total suspended solids which are two key parameters in terms of wastewater strength. COUNCILMAN FREER-How about phosphorus? MR. MACELROY-Not a standard that is tested or worked to. COUNCILMAN FREER-But this system doesn’t deal with it at all. Is that true? I mean, I’m asking, I’m sorry I didn’t mean. MR. MACELROY-Let’s say not any differently than any other system. There’s always a certain amount of treatment through the septic tank. There’s a certain amount of treatment through the soil dispersal but there’s not a specific and I think you’ll find that the technology is not available this time really on a small scale, on a residential scale to do any significant phosphorus reduction. You might get some manufacturers or vendors that claim certain things but I think that’s the general consensus. COUNCILMAN FREER-Yea, it’s my understanding that there’s at least one vendor that is claiming that they are able to deal with phosphorus more aggressively than the competitors. But it’s fast moving and I’m glad to see it’s moving because there is plenty of room for improvement out there. Regular Town Board Meeting, MTG # 32, 10-04-2021 72 COUNCILMAN FERONE-Dennis, you referred to another property that was up the road that had been approved with a fifty foot. MR. MACELROY-On Rockhurst. COUNCILMAN FERONE-Ok, alright. Do you know when that was? MR. MACELROY-Like 2009, 2010 we did a series actually of three different systems within four properties there 88, 92, 98 Rockhurst Road and Weaver’s happened to be one of them and that had, we used Puraflo peat fiber system in each one of those cases. We happened to go basically to the same area where the existing field was but now we had that enhanced treatment prior to that dispersal. So, and that was one that the Board at the time recognized the value of that I guess and approved that. SUPERVISOR STROUGH-There was a property across the street from you that we would not approve that was very similar. MR. MACELROY-Correct, yea right across the street and that was property for the Board that I thought the Board was leaning towards an approval but at the time of the meeting and the public hearing there were comments from neighbors who I think created a situation where the Board felt compelled to table that. That got tabled and nothing has changed with that since, no improvements to that system. COUNCILMAN FERONE-And the reason I had asked about when those other systems were approved, is that you’re talking now eleven, maybe twelve years ago, we’ve had these issues with blooms in the lake, and that kind of thing. I think there’s more focus on what’s going on with the lake now so maybe now there would be more concern with this request with the variance with only being fifty feet from Lake George. SUPERVISOR STROUGH-You have the absorption bed at 330 square feet, that’s a design for a three bedroom? MR. MACELROY-Three bedroom system, correct. SUPERVISOR STROUGH-The holding tank for a 5,000 square foot lot would seem to be a more satisfactory solution to the wastewater system and dealing with it at this lot and at the same time it was highway rated it would still give you the parking space that you dearly need up there. In any event, is there anything else you wish talk to? MR. MACELROY-John, is there anything you want to add? MR. MARKERT-Well, my thinking is that, if you have a 330 gallon a day flow rate, if you do the arithmetic and you say seven days, in two weeks you’ve got 30,000 pounds worth of water which is basically a truck. The truck probably goes down to Glens Falls, that’s where my guy comes from, it’s ten miles up, ten miles down about. He’s probably getting five miles a gallon in that because of the terrain. You’ve got 80 gallons of diesel fuel a year because, going into the atmosphere. I don’t know how many of these holding tanks are out there or how many are going to be required in the future. I think at this point we should be looking at an onsite disposal system because this is not without cost to have a holding tank and carting the material away on a constant basis. I’m hoping, I’m hoping that you won’t let the perceived perfect be the enemy of the good. SUPERVISOR STROUGH-We generally, with these small lots which were originally designed to be just camps and have been winterized and now they’re into regular year round lodging and that’s the norm now. They aren’t the weekend camps that you visited three times a week or three times a year, these are people living in them full time. And the trucks going up there are regular because a lot more of these holding tanks are becoming the appropriate style especially for lots that are constrained, such as yours. But in any event, let’s see what the public has to say, if you Regular Town Board Meeting, MTG # 32, 10-04-2021 73 will. Is there any member of the public that wishes to speak to this Resolution from John and Margaret Markert for sanitary sewage disposal variances, and there is nine of them, one being fifty foot from the lake in lieu of the one hundred foot requirement? Is there any member of the public? PAUL VERCESI-When you mentioned parking… SUPERVISOR STROUGH-You have to come up first, identify yourself, this has all got to be on the record. Thank you. MR. VERCESI-I’m Paul Vercesi, the lot at 390 Cleverdale, right across the street and the lot across is the one that borders John Markert’s. However, from where our residency is in the big house, when he rents in July and August four or five cars park and they park diagonally and then the Gottlieb’s have parked there, very good against their fence and then they park along the road. But when his guests come and we go to leave, we have to go in to get them to move their trucks or cars or whatever they have there, or otherwise the Yukon or my Cadillac can’t go through. And the same with Barbara on the point or the Alexis’ sometimes, I don’t think he can get out with his truck. So when you brought up the point, that wasn’t what I was going to originally ask, when you brought up the point about one of those things about what he’s putting down, they’re going to do it wherever the boat or whatever, where are they going to park the car? Well when he gets guests during July and August, how do people park when he rents the house? SUPERVISOR STROUGH-Well this system that’s proposed will make the situation worse. MR. VERCESI-Yea, it will make the parking twice as bad. May I read what I wrote down? SUPERVISOR STROUGH-Sure. MR. VERCESI-Ok, I’ve owned the Ashley house at the end of Cleverdale Road for about fifty years. After retiring fifteen years ago I spend almost all of my life here. My daughter and grandchildren spend much of their time here, in fact during the COVID 19 they lived in the house the whole period of the COVID 19. We all drink the lake water. My belief is that you never put anything into the lake since we drink the water. We want our lake to be clean, pure and safe. Now, a holding tank solves that problem. A lot of houses put in the septic holding tanks and they just pump them out and it doesn’t put any liquid from the absorption fields into the lake. Chemicals going into the lake from absorption fields with these new systems are only as good as the amount of absorption. If you get an overabundance use of the so-called new types of septic systems, in fact our other neighbor the Gottlieb’s were going to put one in like that and I think it was voted down because they had no place for the water to seep out. So what happens is, on narrow property like that, and by the way my property will have one foot away from my property across the way from my house on a lot that’s mine, where everybody plays and do things and stuff and plant food, trees, tomatoes, the absorption field will be one foot away from that property line which to me feels very unsafe. Now chemicals going into the lake from these absorption fields supposedly are rigidly clear, clean. The applicant is asking for the one foot variance but that means some of those chemicals are going to go onto my property. Would you not think that one foot away on that absorption spot some will seep onto my property? So, I am totally against that, not counting what might seep down into the lake. The big problem is when all this system, this is why I think the Gottlieb’s got refused, when all these and they had a lot of people coming to their house, when they come and overdo this, the chemicals that treat the water and it supposedly evaporates, a certain amount evaporates, the water coming or I should say the liquid coming out to the lake which probably would be the same with his, is supposed to be okay because it’s treated with whatever you want to call it. But how do we know, the system has so many projections, but how do we know the chemicals that you put in this system when it goes into the lake eventually, how will that affect the ecological nature of the lake? I drink the water. A lot of the neighbors drink the water. It’s not fair to think, how would you say, that nobody can say, well that’s going to be real safe in ten, fifteen years. Even for the ecological life of fish and everything else, you could have a dead lake in fifteen years. But my concern since so many people drink the water that the easiest way out as especially in small lots like that, that can’t Regular Town Board Meeting, MTG # 32, 10-04-2021 74 possibly have an absorption field that handles that, is a holding tank. Why experiment with an approach that nobody can predict what these chemicals will do to the lake? The effect of the to the people drinking this water, there’s nobody that can tell you that it’s going to be perfectly safe, it’s not going to cause problems. The type of system that I have been reading about, there’s like 10,000 of them in Japan so, but of course, we know that Japan is the cleanest country going, no pollution, no nothing. So how could you verify and use that, I don’t know if you did that, as these new types of systems are better for the lake rather than septics that were in. Like mine has been in, I have a lot of properties so I never have a problem. They come every year and they put tests in the bathrooms and stuff to see if it goes into the lake and it’s fine. I mean knock on wood, mine works, I get it pumped out. I have sediment tanks and stuff and we pump it out regularly. And since I feel that I don’t care who says that even if some goes into the lake it’s safe, I wouldn’t want it in there if I am drinking the water. And I asked this question, I think I talked about the same thing with the Gottlieb’s, would anyone of you raise your hand and say yeah I’ll drink that water? I don’t think so. I mean it’s a simple thing. Okay, now what brings us to a difference about this gentleman, I am very friendly with John, he probably won’t talk to me after this. The property that he’s talking about is rental, he never lives there. He comes up to fix, clean, get ready for the next rental in June, July, and August. I can ask him, when was the last time you and Peggy come up and stayed a couple of weeks? MR. MARKERT-Probably June. We were up in June for a couple of weeks. SUPERVISOR STROUGH-You have to direct it to us. MR. VERCESI-Okay, I’m sorry. So anyway, the fact that he’s not a year round rental he does mostly June, July and August, a tank like he’s projecting all this pollution and the amount of money it costs him to keep pumping, there’s nobody using the house ninety percent of the time other than the summer, unless he comes up for a week or two. Okay, he’s not a year round people. So I am very upset about changing the requirement of the ten foot rule and the same with the three hundred and fifty feet from the lake. He’s right on top of the lake and then you brought up the point about the parking. Okay, so if he puts in this newer system that you can’t park cars there, where’s his guests going to come the whole month of July and August? I can see a serious problem. And I’m a purist maybe but I drink the lake water. Ok, and we do have a little filter and stuff that filters it that we put in like twenty years ago because we thought the lake was getting the water, we tested, the Davidson’s two doors down from us does testing all the time because when he was right next door to the Gottlieb’s, he was worried about so many people there that the water would be coming out from the system they had and he tested it regularly. And Carol Freihofer when she was alive would always test it and then she said about twenty years ago, she said that the bacteria count is a little higher so she put in an electronic purifying system so I put that in. I drink the water right from the tap. So, I don’t like new systems because nobody knows consequentially, it’s like with electric cars, I mean this is like really definitely better, there’s no noise, I’ve rented one. I think that until the United States adopts and puts charging stations all over the highways, you could have a real serious problem in ten years if you don’t put enough of those pumps around to charge the cars. So everything has a great beautiful ideal of what saves the environment, well it’s the same with this septic type system. Now if, like the gentleman from Pilot Knob he’s got a couple of lots or something like that, you put one of those purifying systems there it’s fine but the chances of something, if anybody on the Board goes to see that lot, they’re like lined up real close. You were right when you said they were really camps. If they are abundantly used with a lot of people, there’s no place for the sewage to go. It will have to go down to the lake and that’s what I’m objecting to. SUPERVISOR STROUGH-Understood. MR. VERCESI-Okay, thank you. SUPERVISOR STROUGH-Thank you Mr. Vercesi. Anybody else? Yes ma’am, please come forward and identify yourself for the record and share your thoughts with us. Regular Town Board Meeting, MTG # 32, 10-04-2021 75 SUSAN MORSE-I am Susan Morse and I live at 371 Cleverdale Road and I am just baffled at the Town of Queensbury and everybody wants to protect the lake and keep it clean and put in all these rules, nine exceptions, seven of them are within ten percent of what is allowed. I mean, it’s just crazy. This is a property that’s screaming for a holding tank. He doesn’t really want it because you have to pump it out or whatever. However, the rest of us love the lake, we drink the water and it’s the gem of our area and I can’t imagine why you would ever accept any of these. SUPERVISOR STROUGH-We haven’t yet. MS. MORSE-I know, well and SUPERVISOR STROUGH-Would you repeat your name for me? MS. MORSE-Susan Morse. SUPERVISOR STROUGH-Susan Morse. Alright, anything else Mrs. Morse? MS. MORSE-I think that’s it. SUPERVISOR STROUGH-Well thank you. Anybody else? Yes sir, please identify yourself for the record and then share your thoughts with us. JASON SOUTHWOOD-Jason Southwood, I live at 388 Cleverdale, I am the neighbor right next door to John to the south. There’s a lot of things that I heard here today but I’m one hundred percent agreement with John’s application. And I like Paul, I get along with Paul. A couple of things, if he’s drinking the lake water and he thinks this is going to make a bit of difference, well you might as well get rid of every boat on Lake George, everybody swimming in Lake George because the amount of that pollution that goes into the lake verses what these systems put into the lake, it’s massive compared to what these new systems put in. To your point where they said ten years ago they had the Weaver system put in on Rockhurst, yeah that was ten years ago and maybe then your guys rules weren’t as stringent but also the technology has gotten a lot better in the last ten or twelve years so it might balance out. And I think it’s, as far as the parking issue goes where that boat is, no one parks a car now anyway. No one has ever parked a car there. So that boat being removed where that system is going, parking will not be affected at all. There was no car parked there in the last twelve years that I’ve lived there. So, I don’t think that’s a real issue. On the other hand, I think it’s also very easy for people with mass amounts of property with no skin in the game to go, nah, holding tanks are the way to go. You don’t ever have to have a holding tank and you got plenty of property, God Bless you. But from somebody who has four holding tanks and a family of four or five that live there year round, its $650.00 every month to get those tanks pumped out. Now you can go, well holding tanks we know where it’s going, you don’t know where it’s going. I am going to tell you right now, if my holding tanks fail and they seep into the ground, who would ever know? My alarms are never going to go off. My alarms only go off when it’s full, not when it’s empty. So if those tanks fail, who would ever know? It would be months maybe a year before I would ever know those tanks are empty. They come to empty them, yea the trucks make a big racket, there’s not a lot of parking down there as you guys saw, not a lot of room for those trucks that have to back up all of the way down the street. Do those trucks always get every bit of it in the truck? Nope, I can tell you from personal experience. We’ve had hose problems. It goes in my driveway, it stinks there for two weeks. It stinks in the entire house after they pump it out for at least a couple of days, you have to open up all the windows to air it out. So the holding tanks sound great if you don’t have any skin in the game but when you really have to pump those things out, it’s a nightmare. I think it forces people to do other things. You’ve got people with more outdoor showers now, especially in the summer time because they don’t want to put it in their tank. So when they’re taking their outdoor shower with their hose or spigot up there, where’s that all going? Right on the ground into the lake. I mean, there’s no two ways about it. I think these systems now, a lot of these companies claim that you can drink the water when it comes out the other end. I don’t know if I would but after it goes through the ground and filters all out. I mean Paul said, if the Japanese are using it, there’s nobody more strict on their wastewater management than the Regular Town Board Meeting, MTG # 32, 10-04-2021 76 Japanese. So if they’re using it, I think it’s probably pretty good for Lake George. So, other than that I think that was everything. So, I am full agreement, I think he should be allowed to do it. The fact that he is only seasonal is even more of a benefit. There’s not water going or affluent or anything going into that 365, it’s only in the summertime. It’s basically him and his wife so I don’t think there’s going to be a crazy amount, they’re not opening up a laundry mat or a carwash there. I am in full favor of it. SUPERVISOR STROUGH-Ok, thank you. Alright, the applicant and the applicant’s agent want to return to the table? Any further thoughts on behalf of the Town Board? Anybody else, I don’t see anyone else here, so I will close the public hearing. PUBLIC HEARING CLOSED AFTER FURTHER DISCUSSION OF THE TOWN BOARD IT WAS THE BOARD’S DECISION TO TAKE NO ACTION. TOWN CLERK BARBER – Board received an email from Mr. Gottlieb in support of the application that should be part of the record as well. 1.3 PUBLIC HEARING – Sewage Disposal Variance Application of Roger and Joyce Rubrecht’s PUBLICATION DATE: SEPTEMBER 24, 2021 Supervisor reviewed proposed application… opened public hearing. SUPERVISOR STROUGH-Is there anybody here that wishes to speak to the Roger and Joyce Rubrecht’s 33 Honeysuckle Lane asking for installation of holding tanks and that they be thirty- three feet and thirty-four feet from a neighboring well in lieu of the required fifty foot setback? NO PUBLIC COMMENT PUBLIC HEARING CLOSED RESOLUTION APPROVING ROGER AND JOYCE RUBRECHT’S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 60, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone 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, §136-11 which requires applicants to obtain a variance for holding tanks as the Applicants wish to install a holding tank system consisting of two (2) holding tanks one with a capacity of 2,000 gallons and one with a capacity of 1,500 gallons, thus meeting the required total capacity of 3,500 gallons, and WHEREAS, the Applicants have also applied for additional variances from Chapter 136 to allow placement of the holding tank(s) 33’ and 34’ from a neighboring well in lieu of the required 50’ setback(s) on property located at 33 Honeysuckle Lane in the Town of Queensbury, and Regular Town Board Meeting, MTG # 32, 10-04-2021 77 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, October 4, 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 allow installation of a holding tank system consisting of two (2) holding tanks one with a capacity of 2,000 gallons and one with a capacity of 1,500 gallons, thus meeting the required total capacity of 3,500 gallons with placement of the holding tank(s) to be located 33’ and 34’ from a neighboring well in lieu of the required 50’ setback(s) on property located at 33 Honeysuckle Lane in the Town of Queensbury and bearing Tax Map No: 226.19-1-52, 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 4 day of October, 2021, by the following vote: AYES: Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier NOES: None ABSENT: Mr. McNulty Regular Town Board Meeting, MTG # 32, 10-04-2021 78 SUPERVISOR STROUGH reviewed the following request for an extension and noted that the st Director of Building and Codes, Dave Hatin has recommended the extension until June 1, 2022. RESOLUTION GRANTING GARY GLOMB AN EXTENSION OF TIME TO COMPLETE WASTEWATER SYSTEM ALTERATIONS ON PROPERTY LOCATED AT 66 ROCKHURST ROAD RESOLUTION NO.: BOH 61, 2021 INTRODUCED BY: Mr. George Ferone WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No. 380, 2018, the Queensbury Town Board adopted Local Law 2 of 2018 entitled “Septic Inspection Upon Property Transfer” which is set forth at Queensbury Town Code Chapter 137 (Chapter 137), and WHEREAS, by Resolution No.: 176, 2019, the Town Board adopted Local Law 5 of 2019 and by Resolution No. 47, 2020, adopted Local Law 1 of 2020 to make additional minor modifications to Chapter 137, and WHEREAS, Chapter 137 requires inspection of Onsite Wastewater Treatment Systems (OWTS) prior to the transfer of ownership of certain real property and provides that a $2,000 escrow deposit will be forfeited to the Town in the event that completion of a wastewater treatment system meeting all standards is not completed within the time provided as established by Chapter 137, and WHEREAS, by email correspondence dated September 28, 2021, Gary Glomb (Applicant) advised that due to the unavailability of contractors due to the COVID-19 Pandemic, he has been unable to arrange for the completion of needed alterations to his wastewater system, i.e., the installation of holding tanks, on his property located at 66 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.13-2-49) by October 20, 2021 and therefore, the Applicant has requested that the Town Board grant him additional time to complete such alterations and to extend the date on which the $2,000 escrow deposit he previously deposited with the Town shall be automatically forfeited to the Town, and WHEREAS, the Director of Building and Codes Enforcement has recommended Town st Board approval of this requested extension to June 1, 2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, as the Town’s Local Board of Health, hereby st authorizes and grants Gary Glomb additional time or until June 1, 2022 to obtain a certificate of compliance from the Town’s Building and Codes Enforcement Office as set forth in Chapter 137 for completion of alterations to his wastewater system located on his property at 66 Rockhurst Road, Queensbury and to extend the date on which the $2,000 escrow deposit shall be automatically Regular Town Board Meeting, MTG # 32, 10-04-2021 79 st forfeited to the Town until such date of June 1, 2022 as delineated in this Resolution and authorizes and directs the Town Supervisor and/or Director of Building and Codes Enforcement to and take any and all actions necessary to effectuate all terms of this Resolution. th Duly adopted this 4 day of October, 2021, by the following vote: AYES : Mr. Ferone, Mr. Strough, Mr. Metivier, Mr. Freer NOES : None ABSENT : Mr. McNulty RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 62, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Queensbury Board of Health hereby adjourns from session and moves back into the Town Board of the Town of Queensbury. th Duly adopted this 4 day of October, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty 2.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY (LIMIT – 3 MINUTES) No public comment. 3.0 RESOLUTIONS RESOLUTION AUTHORIZING 2022 RENEWAL CONTRACT FOR EMPIRE MEDIBLUE FREEDOM (PPO) MEDICARE ADVANTAGE INSURANCE RESOLUTION NO.: 325, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury previously entered into an agreement for an employee group health insurance plan with Empire MediBlue Freedom (PPO) Medicare Advantage, and Regular Town Board Meeting, MTG # 32, 10-04-2021 80 WHEREAS, the Town Board, in conjunction with Upstate Agency LLC, has negotiated a renewal contract for the year 2022 with Empire MediBlue Freedom (PPO) Medicare Advantage, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes a renewal contract for the year 2022 with Empire MediBlue Freedom (PPO) Medicare Advantage with the 2022 monthly premium to be $387.89 per member, and BE IT FURTHER, RESOLVED, that in the event that surcharges, fees or taxes are mandated or imposed on the Town’s health insurance policies that are beyond the Town’s control, resulting rate changes may be passed on to all employees without further Town Board Resolution, although the Town will provide notice of any such rate changes to all employees and retirees, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any contracts and documentation and the Town Supervisor and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING PURCHASE OF RUGGED TERRAIN VEHICLE (RTV) FOR PARKS AND RECREATION DEPARTMENT FROM SALEM FARM SUPPLY, INC. – SOURCEWELL CONTRACT RESOLUTION NO.: 326, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Parks and Recreation Director (Director) and Town Recreation Commission have requested Town Board approval to purchase a Rugged Terrain Vehicle (RTV) in order to more effectively maintain the Town’s extensive trail systems, and WHEREAS, Salem Farm Supply, Inc., is a participating member of Sourcewell Contracting and the Director obtained Web Quote #2149718 dated 9/20/2021 from Salem Farm Supply, Inc. for a Kubota RTV520-H for the Sourcewell Contract ID #: 1222220-KBA price of $10,410.13, and Regular Town Board Meeting, MTG # 32, 10-04-2021 81 WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County/State Bid and therefore in this instance, the Town of Queensbury is “piggybacking” with the cooperative, municipal purchasing program Sourcewell Contracting for the Kubota RTV, and WHEREAS, the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Parks and Recreation Director’s purchase of a Kubota RTV520-H from Salem Farm Supply, Inc. in accordance with Web Quote #2149718 dated 9/20/2021 substantially in the form presented at this meeting for the Sourcewell Contract ID #: 1222220-KBA price of $10,410.13 to be paid for from Misc. Equipment Account No.: 001-7110-2001, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer $10,411 from Undesignated, Unappropriated Fund Balance to Misc. Equipment Account No.: 001-7110-2001 and take any other actions needed to provide for payment, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Parks and Recreation Director 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 4 day of October, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty RESOLUTION TO AMEND 2021 TOWN BUDGET RESOLUTION NO.: 327, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer 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 Regular Town Board Meeting, MTG # 32, 10-04-2021 82 RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Accounting Office to take all action necessary to amend the 2021 Town Budget as follows: To Code Appropriation Code Appropriation $ 002-0000-0909 Fund Balance 002-8810-4400 Misc. Contractual 10,000 002-0000-0909 Fund Balance 002-8810-4070 Building Repair 10,000 th Duly adopted this 4 day of October, 2021 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty RESOLUTION AUTHORIZING ENGAGEMENT OF THE CHAZEN COMPANIES FOR ENGINEERING AND CONSTRUCTION PHASE SERVICES ASSOCIATED WITH CONSTRUCTION OF HIGHWAY STORAGE BUILDING ON BIG BAY ROAD RESOLUTION NO.: 328, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 222, 2021, the Queensbury Town Board authorized BlueScope Construction Inc.’s Revised Proposal/Agreement dated June 3, 2021 for the purchase and construction of the Highway Department’s Rough Order Magnitude (ROM) Storage Building on Big Bay Road (Project), and WHEREAS, the Town Board wishes to engage The Chazen Companies (Chazen) for Mechanical, Electrical and Plumbing (MEP) engineering and construction phase services associated with the Project for a sum not to exceed $19,415 in accordance with Chazen’s September 28, 2021 Proposal #PM211.84 presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs engagement of The Chazen Companies for Mechanical, Electrical and Plumbing (MEP) engineering and construction phase services associated with the Highway Department’s Rough Order Magnitude (ROM) Storage Building on Big Bay Road Project for a sum not to exceed $19,415 in accordance with Chazen’s September 28, 2021 Proposal #PM211.84 substantially in the form submitted at this meeting, and BE IT FURTHER, Regular Town Board Meeting, MTG # 32, 10-04-2021 83 RESOLVED, that payment for The Chazen Companies’ services shall be paid from Capital Construction Account No.: 238-1620-2899, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute Chazen’s September 28, 2021 Proposal #PM211.84 substantially in the form submitted at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Budget Officer to take any other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty RESOLUTION AUTHORIZING HIRING OF DAVID FULLER, JR. AS FULL-TIME MECHANIC FOR TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 329, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the Town of Queensbury’s Highway Superintendent has advised the Town Board that there is currently a vacancy in a full-time Mechanic position in the Highway Department, and WHEREAS, the Highway Superintendent posted availability for the position, reviewed resumes and has made a hiring recommendation to the Town Board to hire David Fuller, Jr., NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the hiring of David Fuller, Jr., as a full-time Mechanic in the Town’s Highway Department effective on or about th October 5, 2021 subject to Mr. Fuller’s successful passing of a pre-employment physical as required by Town Policy and successful completion of a twenty-six (26) week probationary period, and contingent upon the Town successfully completing background checks as reasonably necessary to judge fitness for the duties for which hired and drug and/or alcohol screening, and BE IT FURTHER, Regular Town Board Meeting, MTG # 32, 10-04-2021 84 RESOLVED, that Mr. Fuller shall be paid at the hourly rate of pay for the Mechanic position as delineated in the Town’s current Agreement with the Civil Service Employees Association, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Highway Superintendent 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 4 day of October, 2021 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT PROPOSED CHANGE TO INDIAN RIDGE PLANNED UNIT DEVELOPMENT TO QUEENSBURY PLANNING BOARD AND DECLARING INTENT TO SEEK SEQRA LEAD AGENCY STATUS RESOLUTION NO.: 330, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, by Resolution No.: 357,1996 the Queensbury Town Board (Town Board) approved the Indian Ridge Planned Unit Development (PUD) subject to execution of a PUD Agreement between the Town and the Developers, and WHEREAS, by Resolution No.: 97, 2000 the Town Board approved the PUD Agreement and authorized the Town Supervisor to execute same Agreement, and WHEREAS, the PUD Agreement between the Town and Developers was executed on April 12, 2000, and WHEREAS, the owner of Tax Map Parcel No.: 295.20-1-4.2 has requested an amendment to the PUD Agreement and Master Plan for the Indian Ridge PUD to reflect a change of permitted use designation from commercial services to single family residential, and WHEREAS, the Town Board desires to make such changes to the Indian Ridge PUD, and WHEREAS, changes to PUDs are subject to the requirements of Queensbury Town Code Chapter 179, Article 12, and WHEREAS, changes to PUDs may be forwarded to the Town Planning Board for recommendations in accordance with Chapter 179, Article 12 of the Queensbury Town Code, and Regular Town Board Meeting, MTG # 32, 10-04-2021 85 WHEREAS, following such recommendations, the Queensbury Town Board will review the application and take such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the PUD change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA), for potential environmental effects, and WHEREAS, the Town Board desires to conduct any necessary SEQRA review and evaluate the potential environmental impacts for the proposed change to the PUD Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Community Development Department to forward the proposed change to the Indian Ridge PUD to the Queensbury Planning Board for review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby declares their intent to act as Lead Agency for any needed SEQRA review of this project, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any necessary documents and the Town’s Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board’s intent to serve as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2021 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING ACCEPTANCE OF FUNDS FROM TOWN CEMETERY COMMISSION TOWARD PURCHASE OF FOUNTAIN AND FOUNTAIN LIGHTING KIT FOR CEMETERY DEPARTMENT RESOLUTION NO.: 331, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, MTG # 32, 10-04-2021 86 WHEREAS, the Town of Queensbury’s Cemetery Superintendent has requested Town Board approval to purchase a fountain to provide supplemental aeration at the pond located at the Pine View Cemetery, as well as a lighting kit for the fountain, and WHEREAS, the Cemetery Superintendent obtained Quotes from Bio-Fusion Designs for: 1) a floating fountain including installation in the amount of $2,650; and 2) a fountain lighting kit in the amount of $450, and WHEREAS, the Town Cemetery Commission has offered to fund such purchases and the Town Board wishes to authorize the acceptance of such funds, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the Town Cemetery Superintendent’s purchase of: 1) a floating fountain including installation in the amount of $2,650; and 2) a fountain lighting kit in the amount of $450 from Bio-Fusion Designs in accordance with Bio-Fusion Designs’ Quotes/Invoices dated 9/7/21 and 9/9/21, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes the acceptance of payment in the amount of $3,100 from the Town Cemetery Commission to fund such purchases, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2021 Town Budget by:  Increase Appropriation – Misc. Equipment – 002-8810-2001 by $3,100;  Increase Revenue – Misc. Revenue – 002-0000-52770 by $3,100; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign any needed documentation and the Town Supervisor, Cemetery Superintendent and/or Budget Officer to take all such other and further actions as may be necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING WAIVER OF 30 DAY NOTIFICATION REQUIRED BY NEW YORK STATE LIQUOR AUTHORITY IN CONNECTION WITH ADIRONDACK AXE, LLC RESOLUTION NO.: 332, 2021 Regular Town Board Meeting, MTG # 32, 10-04-2021 87 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Adirondack Axe, LLC located at 870 State Route 9, Queensbury has applied to the New York State Liquor Authority for a change in location of its current retail liquor license from 870 State Route 9 to the Aviation Mall, 578 Aviation Road, Queensbury, as set forth in its September 29, 2021 letter to the Town Clerk presented at this meeting, and WHEREAS, Adirondack Axe, LLC has requested that the Town of Queensbury waive the 30-day notification required by the New York State Liquor Authority (NYS) in an effort to expedite the permit for a change in location to licensed premises, and WHEREAS, the Town Board wishes to authorize the Town Clerk to notify NYS that the Town Board has waived the 30 day notification period before Adirondack Axe, LLC’s permit to change its location of its licensed premises is issued, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to notify the New York State Liquor Authority that the Town waives the 30 day notification period before the permit to relocate licensed premises is issued to Adirondack Axe, LLC and that the Town Board has no objection to such change in location of licensed premises, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Clerk to take any actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2021 by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT: Mr. McNulty RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY FOR GRANTING OF EASEMENTS - BRIDGE REPLACEMENT OVER HALFWAY BROOK PROJECT RESOLUTION NO.: 333, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Warren County is currently working to replace the bridge over NY CR 7 over Halfway Regular Town Board Meeting, MTG # 32, 10-04-2021 88 Brook in the Town of Queensbury located in the vicinity of Bay Road from Town-owned property at the intersection of Bay and Quaker Roads across towards Lowes and identified as Tax Map Parcel No.: 296.20- 1-53 (Project), and WHEREAS, Warren County needs certain Easements in order to install and maintain the bridge, and WHEREAS, the Town Supervisor, Town Facilities Manager and Town Counsel met with Warren County representatives and its engineer to review the Project’s details as it relates to Town property, and WHEREAS, the Town Board supports this Project and wishes to enter into an Agreement with Warren County relating to the granting of such permanent and temporary Easements, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes an Agreement between the Town of Queensbury and Warren County for this Project in form acceptable to the Town Supervisor and Town Counsel relating to the granting of permanent and temporary Easements consistent with Acquisition Maps No. 1 and No. 2 provided to the Town by Warren County and the Earthwork Plan provided by the engineers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a Permanent Easement granting an easement over the area shown on Warren County Acquisition Map No. 1 and a Temporary Easement granting an easement over the area shown on Warren County Acquisition Map No. 2 contingent upon Warren County providing that Warren County and its contractors work on Town property in accordance and consistent with the updated Earthworks Plan provided to the Town on September 30, 2021, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Agreement and Easements in form acceptable to the Town Supervisor and Town Counsel, as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Facilities Manager and/or Town Counsel to take any further actions necessary to effectuate the terms of this Resolution. th Duly adopted this 4 day of October, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty RESOLUTION MANDATING USE OF MASKS IN CERTAIN CIRCUMSTANCES Regular Town Board Meeting, MTG # 32, 10-04-2021 89 RESOLUTION NO.: 334, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, the number of COVID-19 cases are increasing again in Warren County, and WHEREAS, the Queensbury Town Board believes it is important to the safety and well-being of Town employees to require that masks be worn indoors in certain circumstances while at the Town Offices, NOW, THEREFORE, BE IT RESOLVED, that masks will be required to be worn by Town of Queensbury employees in the following circumstances: 1. While the employee is in a public setting, not at their work station; 2. When there is more than one person in a Town vehicle; 3. If you are not vaccinated, then masks must be worn at all times; 4. If you are in a situation where social distancing cannot be maintained; and BE IT FURTHER, RESOLVED, that all visitors entering any Town building will be required to wear a mask, and BE IT FURTHER, RESOLVED, that each Department Manager, at their discretion, can require more stringent mask-wearing than required by this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to take any and all other actions necessary to effectuate the terms of this Resolution, including without limitation, providing forms to employees relating to the COVID-19 Pandemic. th Duly adopted this 4 day of October, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty RESOLUTION APPROVING AUDIT OF BILLS – WARRANT: 10052021 RESOLUTION NO.: 335, 2021 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer Regular Town Board Meeting, MTG # 32, 10-04-2021 90 WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 10052021 with a run date of 09/30/2021 and a payment date of 10/05/2021, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 10052021 with a run date of 09/30/2021 and a payment date of 10/05/2021 totaling $526,606.21, 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 4 day of October, 2021, by the following vote: AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES : None ABSENT : Mr. McNulty 4.0 CORRESPONDENCE - NONE 5.0 PRIVILEGE OF THE FLOOR (LIMIT -4 MINUTES) No public comment. 6.0 TOWN BOARD DISCUSSIONS COUNCILMAN FERONE (WARD III) -  Noted that we are continuing to have discussions with the EMS squads. COUNCILMAN FREER (WARD II) -  Referred to remote participation, broadcasting on YouTube and would like to see what the town’s options would be. Announced an upcoming Climate Smart Committee meeting scheduled for Wednesday and that he would like to gather to get a picture for a press release regarding our award of the Bronze Climate Smart Community award from the State. COUNCILMAN METIVIER (WARD I) -  Announced the Highway Department is doing their fall pickup and it’s important to note, it is a leaf bag pickup, it is not brush pickup. Please be kind if you want to use this service, following the guidelines. You can find this information on our website- www.queensbury.net  Recommended to the public, if you call any of us, please give us a call back number.  I want to thank and give a huge shout out to Bay Ridge Fire and EMS who put on a spectacular weekend memorial service for my neighbor Kevin, it was two days and the most touching event I have ever attended. Thank you.  Referred to the holiday tree and questioned whether the Town had plans to replace it this year. SUPERVISOR STROUGH -  Noted that we won’t be replacing the tree this year.  Announced that we are negotiating with SUNY Adirondack to have this year’s holiday event located at their campus, it will be a drive-thru. Last year’s event here at the Town Office Regular Town Board Meeting, MTG # 32, 10-04-2021 91 complex was a drive-thru, very popular that we weren’t expecting, cars all of the way down Bay Road. So we are working to utilize their campus.  Noted the Clean Energy Community Program and solar campaign, if you get ten people to sign up to one of the companies, you are assured that you will save up to 10% each month on your National Grid bill and we will talk about this further on Wednesday.  Announced that Denise Derista from the Warren County Veteran Services collects items to th send care packages to troops overseas and will start collecting items through November 5.  Announced that the Queensbury Seniors held a celebration with a 1920’s theme, and I parked my 1929 Model A Ford out front. This celebration was to honor the golden seniors, the seniors who turned 90 or more and Betty Spadaro, she’s103 years old and gave a great speech. I would strongly suggest becoming a member, 55 or older, they are a great group who enjoy to have fun.  Thanked all who attended tonight’s meeting. RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 336, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. George Ferone RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. th Duly adopted this 4 day of October, 2021, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone NOES: None ABSENT: Mr. McNulty RESPECTFULLY SUBMITTED, CAROLINE H. BARBER TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I