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09-26-2022 MTG#28 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 108 REGULAR TOWN BOARD MEETING MTG#28 SEPTEMBER 26, 2022 RES. #340-364 7:00 P.M. BOH. #73-77 LL #10 TOWN BOARD MEMBERS PRESENT SUPERVISOR JOHN STROUGH COUNCILMAN ANTHONY METIVIER COUNCILMAN HARRISON FREER COUNCILMAN TIMOTHY MCNULTY TOWN BOARD MEMBERS ABSENT COUNCILMAN GEORGE FERONE TOWN COUNSEL MARK SCHACHNER, ESQ. TOWN OFFICIALS PRESENT CHRIS HARRINGTON, WATER SUPERINTENDENT & WASTEWATER DIRECTOR MARK DEMERS, DEPUTY HIGHWAY SUPERINTENDENT PRESS LOOK TV SUPERVISOR STROUGH called meeting to order.... PLEDGE OF ALLEGIANCE LED BY COUNCILMAN TIMOTHY MCNULTY 1.0 BOARD OF HEALTH RESOLUTION ENTERING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: 340, 2022 INTRODUCED BY: Mr. Anthony Metivier 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. Duly adopted this 261h day of September, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT: Mr. Ferone 1.1 Public Hearing- Sewage Disposal Variance Application of Sean Chant PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH reviewed the history of previous application and proposed application. Noted correspondence received from; Ellen Weatherbee, Thomas Vaughn, Chris REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 109 Navitsky, Pamela Golde who are opposed to the System as proposed or thought it should be altered to improve. GARY ROBINSON-I am Gary Robinson, Consulting Engineer, this is Sean Chant right here. Sean just bought this property, closed on it like in the summer of this year. He understood from the previous owner that there was this agreement and that there was a new septic system that had to be put in place, didn't have any other details on it. What happened in the meantime was he had a well drilled. This is out on Assembly Point, they don't have year round water which he wanted year round water as many people do out there and he drew up a well, got a permit from the Town to do that. Now, it comes time to put this other septic system in. The reason that this new septic system is being put in is because there was an existing one there that was placed right in the groundwater, so this system wasn't working. APA got involved, I'm not sure exactly how but they said no we have to do something. The previous owner had Dennis MacElroy design a system for that. That was approved by APA and was also approved by the Town in 2011. The previous owner didn't do anything with that. I'm not sure why nobody picked up on that or nothing was done but he didn't do it all these years. Now Sean buys it, doesn't realize where it's going to be, what it's going to be. The new one is, as it was in 2011, the exact same plans. It's actually built over a wetland but it's an Enhanced Treatment System. So what he wants to do is he wants to right it because you know that, of course he's looking at paying two thousand dollars if he doesn't get this system done soon. He is looking to get it done so we had to get this variance, we went to get a permit, we had to get a variance for that setback. So that's where we are right now. We're looking to do the same plan that was approved before. We've talked to APA, APA has no problem with it. They just want us to, once it's done just to send them something that says it's in compliance with the existing permit. SUPERVISOR STROUGH-So, and another variance you are seeking is that the absorption field will be zero feet from the water course or wet area or within the wetland as a replacement area. MR. ROBINSON- I mean, that was approved under the original order,the original order. What happened was when I submitted this to the Town Building Department, John O'Brien asked me to also put that in to make everyone aware of it in case they weren't. So I did, I just added that but that's not really what we're asking for, that was already approved under the APA agreement. We're just asking for that setback to be reduced from between the system and the well. SUPERVISOR STROUGH-Okay before I open the Public Hearing, questions, thoughts from the Town Board at this point? Go ahead Harrison. COUNCILMAN FREER-So, I haven't seen the documentation as part of this discussion. I tried to call Craig this morning or this afternoon. I have not seen any approval other than the documentation that was on my table that said it has to be done within 60 days and that was 2011. So, your assertion that this Town Board or this Health Board as we now say, somehow approve this plan, I have not seen enough documentation to... MR. ROBINSON-Did you see what I handed out tonight because that's the agreement. COUNCILMAN FREER-This? MR. ROBINISON-Yes. COUNCILMAN FREER- Yes and it says, have you read it? MR. ROBINSON-I read it, yes. I know it had to be done in 60 days. I can't... COUNCILMAN FREER-Okay, so this isn't valid in my mind. It wasn't done and so they signed up to do it and they didn't do it so I don't see that as an approval. MR. ROBINSON-We did talk to APA. COUNCILMAN FREER-Fine, they can say whatever they want. MR. ROBINSON-Okay. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 110 COUNCILMAN FREER-I don't work for them. MR. ROBINSON-Okay, alright. SUPERVISOR STROUGH-Any other thoughts from the Town Board? COUNCILMAN MCNULTY-John, I'd like to hear comments from the attendees and then I'll make my comments. SUPERVISOR STROUGH-Okay. Alright, well we did a site visit on Friday to this site and it's a very low land, it's wet there. Alright, Mr. Chant you are going to renting this facility out? SEAN CHANT-Yes, a few months of the summer, in the summertime. SUPERVISOR STROUGH-Well one applicant sent us a copy of the announcement that it is for rent from VRBO or whatever that is. MR. ROBINSON-Yes, it's a VRBO and he rents it pretty much for the summertime. MR. CHANT-We blocked those dates that we had agreed upon on both Airbnb and VRBO, were blocked. What was the concern? COUNCILMAN FREER-It's evident that you have an incomplete septic and we're trying to keep the Lake clean. So, we haven't approved any extensions to that kind of stuff for rentals. MR. CHANT-We had an agreement that I would block dates until the December 151' deadline. COUNCILMAN FREER-With who? MR. CHANT-With you guys. COUNCILMAN MCNULTY-He spoke with us before. He said he wouldn't rent it. COUNCILMAN FREER-Okay. MR. CHANT-I blocked it immediately after we spoke. SUPERVISOR STROUGH-Alright, if you will return to your seats and I may ask you to come back up to answer questions that the public may ask us, thank you. Mr. Robinson did you want to use that diagram to display to the Town Board and the public what is going on there? MR. ROBINSON-If you'd like me to, I'd be happy to. SUPERVISOR STROUGH-Would you do that now so that we all know what we are trying to deal with, thank you. MR. ROBINSON-So this is where we're proposing right here. The lot's a 100 by 150, I am sorry, a 100 by 200 it sits on .34 acre lot. This is the existing home that's there. The existing septic system is in the back of the house. I believe it was put in without a permit. There's really no issues but it's been there for many years now. It doesn't, he has it pumped out. We had it pumped out I understand regularly. I don't know that the previous owner. Originally, the septic tanks and stuff are supposed to be in the front. We moved everything to the back of the lot so that they were further away from the well. This is the well the best route. When we moved this leach field just a bit from where the first location was, it's a Peat Moss System. Peat Moss System is an Enhanced Treatment System. If you go to the bottom of that, the peat moss, it's treated and gets treated better than what would be coming out of the septic. You guys probably already know that. So,that's pretty much it. We checked all the separations to everybody else's well with this septic system and it still meets all the separation distances for everybody else's wells. I guess that's it. I have a plan that was in the plan set which showed where all of the neighbors' wells were and where their leach fields were. There's none, none of the leach fields are within 100 feet of... of our well. I'm thinking this is a huge improvement over what's there for sure and like I say it will get the treatment that's required before it gets into the groundwater, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 III before it gets into the well. I presume at the time when Dennis was doing this probably you know he dealt with APA and that was an agreement that they came up with. This guy has got to fix his system and let's bring the system but we have to make sure that it's treated before it gets down to that well. SUPERVISOR STROUGH-So, we're going to put this right into a wet area. Is it going to be a raised bed? MR. ROBINSON-It's a raised bed. Yes, it is. In order to kind of limit the ... you have everything, it actually has a wooden box around it that goes down to the ground, down to the wetlands so it kind of keeps everything in place. A little different but it's a good thing. SUPERVISOR STROUGH-Okay, all right thank you for doing that for me. The public hearing is open. Any member of the public wish to speak to this variance application? ELLEN WETHERBEE-I am Ellen Wetherbee, I live on Assembly Point. I am here to voice my concerns about the objections to the request for the replacement of an onsite water treatment to be placed zero feet from the watercourse, wet area or within the wetland in lieu of the required 100 feet setback. Placing an absorption field adjacent to a wet area will endanger the potable water for the owner, for those who live near the house. Additionally it has the potential in an ongoing problem with unpleasant odors for everyone living near there or passing by the property. A casual observation of this property reveals that it's been extremely wet soil which is present much of the time in particularly after any rainfall. I don't think the Town should support the application. It seems to have potential to endanger the drinking water for others, create unpleasant odors and have adverse impact on the value of surrounding properties. I like to add this issue about the VRBO. It's come to my attention that although the application is for three bedrooms, it is on VRBO as listed as four bedrooms. The other thing is it seems a little strange to me that he was able to put a well in before the septic tank was checked. I don't know if that's appropriate or not but it seems like that limits his ability and his options about where to put the septic tank. So, I just, I'm concerned. I have been reading about the Puraflo Septic System and it does seem like it has potential to be a good option if, if it is heavily monitored in terms of the way it is put in and that it's actually is up to the standards. But I'm not comfortable with having a septic tank zero feet from a wetland. SUPERVISOR STROUGH-Okay, thank you. Anybody else? Ma'am please come forward and identify yourself for the record and ask your question. KIMBELY CHAMBERLAIN-Hi, I am Kimberly Chamberlain. Is the use of the house currently seasonal as in not winterized? SUPERVISOR STROUGH-I can ask that question. So you want to know if the house... MS. CHAMBERLAIN-I want to know if the well impacted the use of the house to become year round use, i.e. renting it year round versus a seasonal. And was the, was it prior to the well being there seasonal and did that upgrade it to being year round. I am asking that question because of the rental possibilities and the, you know how often it will be used. SUPERVISOR STROUGH-Okay, so your question is the intention of installing a well to make the residence year round. Alright we will get that question when we're done with the public hearing. Yes sir, please some forward and identify yourself for the record. JOHN CAFFRY, ESQ-John Caffry from Caffry and Flower in Glens Falls and also from Assembly Point. We are representing John Kelly who's the adjoining property owner on the north side. Mr. Kelly's concern here is as much about protecting the Lake and water quality as it is about impacts to his own property. We've seen the letter from the Waterkeeper, Mr. Navitsky which shows that this type of Peat System will not prevent phosphorous. It will not treat phosphorous properly the way that is necessary and that phosphorous is a nutrient of great concern for Lake George. And so this will not keep phosphorous from entering the water table and the wetlands. As the hand out, which I gave you, shows Mr. Chant's property is in or next to a very large wetland which then basically drains south down the middle of Assembly Point and anyways, been there to see it at various places where it crosses the roads. And at the south end, it then enters the Lake near Mr. MacElroy's property. In the second page of the handout shows REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 112 in fact that a stream develops, the second page is from Google Maps shows that there is a stream that develops in the wetlands. Any pollutants that enter this wetland could potentially wind up in the Lake, it's not just an isolated wetland. We can assume that APA when they, when the original violation occurred back in 2006-2008 in that time frame must have gone through the site and field verified the wetland boundary as, including this property even if it's not shown on the GIS map. Here we have the system right on top of the wetland. It's not just zero foot setback, it's right on top of it surrounding by it. There is a more significant chance that any nutrients that such as phosphorous that go through the system will potentially wind up in the Lake contribute to pollution problems. I think there's the other question of how many, whether the system is properly sized as somebody just mentioned from the VRBO listing. Although this system, similar system or identical system was approved two years ago they had a permit, or approved several years ago,that permit expired whether it was 60 days or two years under the Town Code. So this is really a fresh start, it's not grandfathered in any way I don't believe. In addition, conditions have changed, we now have more information about phosphorous loads and their impact on the Lake as mentioned by the Waterkeeper so that this gives the Town a new chance to look this all over again. We think the application ought to be denied because it doesn't meet the criteria in the Town Code for granting a variance. There's no financial proof of hardship in the application in terms of what are the alternatives. Will a holding tank or some other system or another kind of treatment system that would address the phosphorous issue, could that be done and would better address the potential for pollution? But there's no, that issue hasn't been addressed. It's also, this hardship was self-created by the prior owner and now with Mr. Chant bought the property, these laws are already in place, the situation already existed but he bought into that. The, as Mr. Navitsky's letter shows the variance would be detrimental to the purposes and objectives of the Town Code which includes to prevent adverse effects on the environment from septic systems and like I just discussed, there are alternatives. There's no evidence that this is the minimum variance necessary to address the situation. So, it doesn't meet the requirements, it ought to be denied. I think it is unfortunate for Mr. Chant that the prior owner failed to fully disclose his problem to him apparently when they're required by law to give any buyer property, a property disclosure statement that should have disclosed this situation. But it's the Town Board's job to protect the water quality of the Lake, find a way to do it. But if it's going to, it's not necessarily true that this is the best way to address that situation. So we think this ought to be denied. Thank you. COUNCILMAN MCNULTY-John, if I can, a question. When we spoke, I spoke with Town Code Enforcement Officer today and he said this was not in compliance with Town Code. That is not what I was told. Can you go back to your comment about not in compliance with Town Code? ATTORNEY CAFFRY-I was talking about, well it's clearly not because it doesn't meet the setback from the wetland. So in, when I say it's not in compliance with Town Code, I'm talking about the part that the criteria for granting a variance, so from a setback variance. Okay, I'm not talking about whether or not the pipes are the right size and all those engineering issues, I'm not an Engineer. I'm looking at the legal criteria for granting a variance under your Town Septic Code Section 138 or whatever it is, that's what I was talking about when I talked about Code. COUNCILMAN MCNULTY-Thank you. COUNCILMAN FREER-So I have a question for Legal Counsel. Mr. Caffry said that they had 60 days to do it but by Town Code it expired in two years. Is that your understanding or can we get,that's what I was trying to get clarified? Whether the variance or approval of that,this is the approval, I haven't seen the variance. TOWN COUNSEL SCHACHNER-The apples and oranges aspect of this is that there is an Adirondack Park Agency proceeding that I understand requires 60 day compliance and I think that the comment that the Councilman's referring to is the provision in our Town Code. I believe, I'm not sure if it relates to variances or septic variances. COUNCILMAN FREER-Some of your comments seem to be related to Zoning Variance, or Area Variances, not necessarily... COUNCILMAN MCNULTY-That was my point in terms of, John wasn't aware of a two year, John O'Brien, a two year hold. But I think this is kind of a moot discussion because serve, the REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 113 intent, and John if I get out of order just tell me to be quiet. The, what you highlighted in your letter which talked about the Town approving this, two paragraphs later it says that by December 31", 2013 the respondent shall submit the plans described in paragraph five above. So based just on this paragraph, I think we're back, back to the beginnings again. COUNCILMAN FREER-I agree with you but we have to be careful to make sure that variances we're mixing apples, I wanted to steal Mark's metaphor but... TOWN COUNSEL SCHACHER-Help yourself. ATTORNEY CAFFRY-I, maybe I can shed a little light on that but actually, it is not entirely clear to me either. First there is a variance. Then there would have been a permit issued in 2011. But you couldn't have a permit without a variance and I'm sure Mark will correct me if he disagrees. But then section 136-26 of your septic ordinance says, and this is a little confusing "Any permit issued pursuant to this part shall expire within 60 days" it's 136-26A, - 26B says "All permits shall expire within two years". So it's a little confusing to me but considering that it was well over two years ago it doesn't really matter which one we look at. It's expired. COUNCILMAN FREER-The permit has expired for sure. The question is has the variance expired and it's normally, variances don't expire once they are awarded by the appropriate agency which would be the Health Board in 2011 or 2010. ATTORNEY CAFFRY-But I think you have to look at the variance and the permit as a whole here, that it was... COUNCILMAN FREER-I'm not a lawyer that's why I am asking. TOWN COUNSEL SCHACHNER-Councilman Freer is absolutely 100 percent right. Typically variances don't expire. I don't see anything in the Resolution from 2011. I don't see anything in the Resolution, 16 - 2011, that was the one that granted the zero foot setback and there's nothing in there about expiration. We do have a provision in our Town Law about variances from the Zoning Board of Appeals expiring but those are different animals than grants from the Board of Health. What seems clear to me though is that the Adirondack Park Agency agreement has well lapsed. I don't understand the argument to the contrary on the Adirondack Park Agency and whether we have the zero foot, whether the zero foot setback variance survived or not, unless I'm mistaken, that's a variance that the applicant claims and is not applying for but in any event it's not the principal variance of this application is pursuing. So, I don't think we need to get too wrapped up on that. Principal variances that the application is seeking doesn't seem to be the subject of any prior approval. COUNCILMAN FREER-Right, well but in the Resolution it also asked for, this Resolution they're asking us to approve includes that zero... TOWN COUNSEL SCHACHNER-Oh yes, understood. Well using the word restates, correct but again my point is that unless I am mistaken the principal variance that being sought is the, not the COUNCILMAN FREER-The well distance. TOWN COUNSEL SCHACHNER-Correct, exactly and I don't see any credible argument that that's been previously approved or grandfathered. I don't think the ... COUNCILMAN FREER-Correct. TOWN COUNSEL SCHACHNER-So my point is, I don't think we need to get wrapped up in this zero foot prior variance whether that survived or not because under any circumstances the 50 foot setback, the 50 foot instead of the 100 foot setback variance clearly does not appear to be grandfathered. And I think to the extent that, I would assume without speaking on his behalf but I'm assuming that the neighbor's attorney is referencing that as not being in compliance with Town Code. And to me it's crystal clear, that's not in compliance with Town Code, that's why the variance is being sought. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 114 COUNCILMAN FREER-I understood Mr. Caffry was making the case that part of the reason we should deny it is because the previous approval for all these, approval for zero feet from the wetland has also expired. Is that what, is that your point or? ATTORNEY CAFFRY-Well that's what,the applicant applied for that. They applied for a variance from the zero foot from the wetland. COUNCILMAN FREER-Yes, that's in our current... ATTORNEY CAFFRY-So I'm, my point is I think you're looking at two different variances still. TOWN COUNSEL SCHACHNER-Well we can evaluate that. I don't have that answer this evening. Again, from my perspective as Town Counsel I don't see how that's critical because regardless of the outcome on that, unless I'm mistaken, this application would approve, requires approval of at least the 50 foot variance and also the either re-approval or new approval of the zero feet and I'm not seeing any credible argument that the 50 foot is grandfathered. SUPERVISOR STROUGH-Any other questions for Mr. Caffry? Alright, thank you Mr. Caffry. Other members of the public wish to speak to this variance application? Alright, seeing none and we do have two participants but no hand is raised, the little blue hand. Alright, would the applicant and the applicant's agent please return to the table? Alright, so let's answer some questions. I'm not sure Mr. Chant who installed but is the installation of the well to make the residence year round? MR. CHANT-I mean, I'm not sure yet what I plan to do as of right now. You know I want to be able to use it, that the water's so, you know it's April 1st to November 1st I want to be able to use it. You know, outside of that I haven't gotten around to doing the insulation or anything like that but you know, that maybe down the road. That maybe what I'm planning to do. I mean, immediately just now trying to figure out what to do with this septic first. SUPERVISOR STROUGH-Do you know what kind of well it is? A point well, driven well? MR. CHANT-The well was put in by Rosick, 580 foot well. SUPERVISOR STROUGH-Okay, it's fully encased? MR. CHANT-Yes. Well it went through rock, case then rock. SUPERVISOR STROUGH-Right, and that's okay. Is it two bedroom or three bedroom? MR. CHANT-It's a, I believe it's listed as two bedroom on the deed. There's a, so originally there was two bedrooms but, and an addition was put on at, how long, late seventies something like that, so that second bedroom was walked through to the new master bedroom. So, that middle bedroom is no longer considered a bedroom I guess. I mean it's certainly possible that it may be listed on there. I am pretty sure in writing it says what it's supposed to be but the actual like boxes where you see how many on the VRBO could say more than what the actual listing heads. I don't have my phone on me I was going to look that up but it's a possibility. SUPERVISOR STROUGH-The VRBO says that it's three bedrooms and your assessment says its two bedrooms. MR. CHANT-Okay. SUPERVISOR STROUGH-Okay, but it is two bedrooms and the septic system is designed for three bedrooms. MR. ROBINSON-The septic system is designed for three bedrooms, yes. SUPERVISOR STROUGH-Okay, how about creating an unpleasant odor? REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 115 MR. ROBINSON-I have been there quite a few times and I haven't smelled any unpleasant odors. SUPERVISOR STROUGH-But if you put the Puraflo System in, would that create any odors? MR. ROBINSON-No, no. SUPERVISOR STROUGH-Would the Puraflo System impair the underlying water table? MR. ROBINSON-I mean that's why it went to the Puraflo System to start and that's why it was raised so that it would have, you know it's an Enhanced Treatment. I mean you guys use it all over Lake George, probably Lake George has more than anywhere else. We do a lot of work over in Sacandaga and there's a lot of Puraflo Systems over there. Same thing, many times with variances. It's an expensive system. Nobody wants to do it but you do it because you have to do it so that you can meet water quality requirements. SUPERVISOR STROUGH-So, it would be raised bed and then about an inch of crushed stone and then eight inches minimum of clean sand fill underneath that before it even hits the current surface level. Is that? MR. ROBINSON-Yes, yes. SUPERVISOR STROUGH-Oh, over here is says eight inch crushed stone. MR. ROBINSON-I was going to say, it's a little different. SUPERVISOR STROUGH-Okay, so three quarter to one inch crushed stone to a depth of an eighth. I'm correcting myself, that's what you said Mr. Robinson, okay. MR. ROBINSON-Yeah, eight inch depth and its two feet down low. SUPERVISOR STROUGH-Alright, so in this whole scheme of things it would seem to me that one solution that might make everybody happy except perhaps the owner is holding tanks system. MR. ROBINSON-I think a holding tank is, I'm not a huge proponent of holding tanks. Right now there's issues with Lake George's Wastewater Plant, they are not taking any seepage and people have to wait now, even if there is an emergency to be able to get to either Washington County or Glens Falls. I don't know where everybody takes their seepage. To me, I think it's worse. I think the orders are going to be more because he's going to have to have it pumped regularly. You know, it's expensive and it only keeps going up. I mean the prices for seepage getting handled at wastewater plants, it's a lot more than it used to be. It's not really a permanent solution. It's you know, I mean, does it keep anything from going into the groundwater? Yes, it does but that's why we treat sewage. I mean if we were worried about that we wouldn't have any treatment systems on Assembly Point, right? I don't know, I know there's a lot of systems that are around. They have peat moss systems that are around Lake George. I don't know that there's an issue with phosphorous. I'm not sure about that part. SUPERVISOR STROUGH-The Puraflo System is a good system but it's right in the middle of a wet area. I don't know, let's, Town Board? COUNCILMAN MCNULTY-I was not privy to the discussions back in 2011 or when the Board met on this before. But I have a hard time delinking the fact that this is a wetland and did that approval. I much prefer and I know you've already given us an extra month, or we gave you an extra month to discuss this for the owner and engineer to look at the holding tank, do some cost estimates and then come back and see us again about moving forward. I just, I'm sorry I walked around and it is a wetland. I'm not an engineer, as Counsel said I just, I don't know how you can put a septic system on wet ground. So, if we vote on it tonight, I would not support this as it is. SUPERVISOR STROUGH-Anybody else? REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 116 COUNCILMAN METIVIER-I feel the same way. I mean, I already talked to you about it. I guess what bothers me the most is the well. If the well wasn't there this would be no issue. He could move the septic in the front but now that you have a well you can't do that. So I told John I am so uncomfortable with this one. I would be in favor of the holding tank and I know you don't want to hear it because of everything that you just mentioned but I cannot support this the way it is. There is no way. I'm sorry I just can't. MR. ROBINSON-So I guess what we do is we would request, let us do some homework and we'd like to get it tabled and you know, I don't know maybe we can come back with something. SUPERVISOR STROUGH-Mr. Robinson, we just won't act on it tonight and if you come up with an alternate plan, if it's all right with the Town Board we'll let you keep the current permit system and the money that you paid for that and anything else to roll into the new design. So, you won't have to reapply from the get-go. MR. ROBINSON-Okay. COUNCILMAN MCNULTY-If December was the date that's on the exception right now, I would also support moving it back to the spring. As long as it's not rented. We talked about that but give you more time, get you into the spring. Just as add on, the discussion about the VRBO and rentals, you know we have changed our STR regulation is 120 days. MR. CHANT-Yes. COUNCILMAN MCNULTY-Five day minimum, so that will play into this as well. But I think additional homework is good. I'm also concerned and I don't know John, maybe from your County seat,this issue with the new Lake George Water Treatment Plant because that has implications for everybody with a holding tank in Queensbury. If they are not accepting pump outs, so that's news. COUNCILMAN FREER-Well, Queensbury's deal is with Glens Falls so it's kind of. COUNCILMAN MCNULTY-Okay, good. Even with a Lake George address though? COUNCILMAN FREER-Yes, they're still in the Town of Queensbury. SUPERVISOR STROUGH-Lake George is having a nitrogen problem that they're working on balancing everything to get that problem fixed. They probably will get it fixed once they get the new system in balance. COUNCILMAN MCNULTY-Did I misunderstand your point there sir, about Lake George not accepting? SUPERVISOR STROUGH-Well, if Glens Falls... MR. ROBINSON-I was talking to a guy who pumps out septic systems and he told me Lake George isn't taking anything right now. The issue, you guys may go to Glens Falls but what happens is anybody who was going to Lake George is now going to try and go to Glens Falls. They have certain times when you used to be able to just stop by and now there are certain times you have to get a slot, stop by and... COUNCILMAN MCNULTY-I misunderstood you. COUNCILMAN FREER-So I just want to go on the record agreeing with Gary that normally holding tanks is not a panacea. I am not a big supporter of holding tanks. So,the overall challenges of that but in this situation the fact that phosphorous is normally absorbed and there's no residential system per Navitsky. You saw Navitsky's letter, right? MR. ROBINSON-I did not, no. COUNCILMAN FREER-Okay, we'll give it to you. The Waterkeeper, Chris Navitsky wrote a letter recommending that we not, or that we not support this. In it he talks about phosphorous, as REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 117 Mr. Caffry mentioned and right now the only way to mitigate phosphorous at the residential level is the soil and you have no soil and that's the challenge that you have. So lots of people have variances on the Lake for this, as John said a very capable system but they have soil under it that's taken the hit on phosphorous. As Mr. Caffry also said that phosphorous is at least one of the biggest concerns with the Lake. Nitrogen, and there's systems now, good ETU Systems and your system, the system that you proposed does an excellent job at the Nitrogen removal. We haven't figured out yet residentially how to get rid of phosphorous and phosphorous is a concern with the Lake. It takes soil, it's the only way we know how to do it now and that's the challenge of building on a wetland. MR. ROBINSON-Alright, let's do some homework and we'll get back to you. SUPERVISOR STROUGH-We appreciate that, thank you very much. MR. ROBINSON-Okay, thank you. SUPERVISOR STROUGH-Yes, thank you. Alright, so we're not acting on this applicant, Sean Chant, 22 North Lane this evening, give the applicant an opportunity to redesign the system after hearing what the public and the Town Board, their concerns. 1.2 Public Hearing- Sewage Disposal Variance Application of Jeffrey Holden PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH reviewed the proposed application. DENNIS MACLEROY-Yes, thank you John. I am Dennis MacElroy with Environmental Design representing owner and applicant Jeff Holden for this wastewater variance request at 256 Cleverdale Road. The Holdens would like to replace an existing antiquated system that exists actually on the south side of the property. When we looked at possible replacement areas we came up with the idea of an Enhanced Treatment Unit. In this case a Fuji Clean tank on the north side that's shown on sheet four, I think is the best one that actually identifies the variances as well. Fuji Clean pretreatment tank, Fuji Clean is an ETU and then gravity flow to an Eljen field. So we're kind of doubling up on technologies here but that would enable the gravity flow system as the property slopes down toward the Lake. The variances requested as the Supervisor has explained are three, the setback to the tank to the foundation, the setback from the field to the foundation and then the setback to the Lakeshore which its closest point actually is across the neighbor's property to the north and then to that 68 feet. I feel that this solution using the ETU and the Eljen system is a good solution. It serves as mitigation for the lack of the 100 foot setback to the Lakeshore. The other setbacks to the foundations are fairly incidental. The important one is the setback to the Lake but I think with the use of the Fuji Clean System and the Eljen dispersal field we'd be in good shape. SUPERVISOR STROUGH-Questions of the applicant's agent before I open the public hearing? COUNCILMAN FREER-Dennis, did you explore the upgraded Nitrogen Enhanced Fuji or is this a ... MR. MACELROY-This is a standard Fuji, it's not the CEN but it's the CE is what's proposed. COUNCILMAN FREER-Okay so we're getting, in my mind we are getting closer to 75 feet from the Lake. You know, I would like to see the best system, that CEN is getting rid of, that's getting rid of a lot more Nitrogen than the CE systems are, as I understand it. I'm on the fence with what we can get... SUPERVISOR STROUGH-Keep in mind, I don't want to speak for the applicant but I was, they have the Eljen. COUNCILMAN FREER-Right, that's going to be, good point, yes. Okay. COUNCILMAN MCNULTY-Yes, he's got two systems. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 118 SUPERVISOR STROUGH-Okay is there any member of the public that wishes to speak to this variance application? Yes, ma'am come on up. Dennis I'll call you back probably. KIMBERLY CHAMBERLAIN-As the adjacent neighbor, I've not seen the plans. So I just wanted to look at the plans. SUPERVISOR STROUGH-And your name is? KIMBERLY CHAMBERLIN-Kimberly Chamberlin, so the variance is, I don't know this stuff very well. Yes, that brings that back here and what was, what's that? (MR. MACELROY shared plans explaining details of setbacks, unable to hear discussions) MS. CHAMBERLIN-Oh I understand now. I'm good. COUNCILMAN MCNULTY-Glad we could help you. SUPERVISOR STROUGH-Alright. MS. CHAMBERLIN-I haven't seen them. COUNCILMAN FREER-Go online you could find them. We sent you a notice. SUPERVISOR STROUGH-No that's it, that's good, thank you very much. Anybody else like to speak to this variance application? Anybody online? COUNCILMAN MCNULTY-No. There's a question but it has to do with Glen Lake, which we're not allowed. SUPERVISOR STROUGH-Oh okay. Alright seeing none, Mr. McElroy, if you'll return to the table. COUNCILMAN MCNULTY-John, if I may? SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-The current, please correct me if I'm wrong, the current system is functioning. It's not to replace a system that is in disrepair but this, these two improved units will be a better solution to what is currently underground. MR. MACELROY-Correct. The owner doesn't intend to transfer so there's no requirement to do that. It's functioning for them in their use of it but we felt that it was timely to, he actually is a recipient of some of the grant money through Warren County. So that was an incentive to look at this and he's acted on it and received approval of his application for the grant. COUNCILMAN MCNULTY-But to Harrison's point about the different systems, this is reducing the Nitrogen. COUNCILMAN FREER-Yes, I withdraw my, the Eljen in my mind is just as good of a solution to improve as the CEN system. SUPERVISOR STROUGH-So, and we did get one letter from a resident of Queensbury, Shari Guidos who supports this application, variance application. MS. CHAMBERLIN-Did I go on the record ... COUNCILMAN FREER-You did. You said you're good, that was good. MS. CHAMBERLIN-Okay. SUPERVISOR STROUGH-Kimberly Chamberlin goes on record for supporting it too. Alright, I'll close the public hearing. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 119 CLOSED PUBLIC HEARING RESOLUTION APPROVING JEFFREY HOLDEN'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 73,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS, Jeffrey Holden(Applicant)filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a wastewater replacement system with the: 1. Absorption field to be located 68' from Lake George in lieu of the required 100' setback; 2. ETU Tank to be located 8' from the foundation in lieu of the required 10' setback; and 3. Absorption field to be located 10' from the foundation in lieu of the required 20' setback; on property located at 256 Cleverdale Road in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, September 26 h, 2022, 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 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 120 specific unnecessary hardship found by the Local Board of Health to affect the Applicant; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Jeffrey Holden for variances from the Sewage Disposal Ordinance to install a wastewater replacement system with the: 1. Absorption field to be located 68' from Lake George in lieu of the required 100' setback; 2. ETU Tank to be located 8' from the foundation in lieu of the required 10' setback; and 3. Absorption field to be located 10' from the foundation in lieu of the required 20' setback; on property located at 256 Cleverdale Road in the Town of Queensbury and bearing Tax Map No: 227.13-2-6, and BE IT FURTHER, RESOLVED,that the Enhanced Treatment Unit(ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, 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. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Ferone 1.3 Public Hearing- Sewage Disposal Variance Application for Carole Hunt PUBLICATION DATE: SEPTEMBER 16, 2022 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 121 SUPERVISOR STROUGH reviewed the proposed application. MR. MACELROY-Thank you again, John. Dennis MacElroy with Environmental Design here with Carole Hunt the owner and applicant for this request for these four variances at 15 Sunset Lane. This is an interior property on Assembly Point or the part of Shore Colony area. The owners hope to use this property, it's been in their family for decades and there is now a desire to be able to live there year round. Carole would like to move there year round basis and therefore, she will need a new well which is one of the variances that we're requesting. The wastewater system replacement of the existing system with again a Fuji Clean ETU ... unit to a pump tank, pumping to a cell in bed pressure field. Other variances involve setback to the foundation from the field, 19 feet versus 12. Setback from the tank to the foundation is seven feet versus 10, and then a setback to the southerly property line of three feet versus the normal 10. So, I think that some of you saw this in our field visit it was, it's a typical Shore Colony lot. Not real big, but enables the system to be installed in that location,just requires several variances. Again, probably the more important one is the setback to the well. As you can see on sheet four, the house and the foundation fall between the well and the proposed field. The well being in the front yard and the system being in the back yard. SUPERVISOR STROUGH-And she has or is going to install a UV system on the interior of the house for the water? MR. MACELROY-For the water supply, correct. SUPERVISOR STROUGH-Any questions of the applicant and or the applicant's agent before I open up the public hearing? We did get several emails and letters of support; Scott Dubin, Thomas Louis, Trevor McNeice and Nancy Rinaldi and I have them here. Alright, all in support of this application. Anybody from the public here wish to speak to this application before us tonight for Carole Hunt of 15 Sunset Lane? Anybody online? COUNCILMAN MCNULTY-Nope. Is there somebody from the public? SUPERVISOR STROUGH-Yes sir, please come forward. COUNCILMAN MCNULTY-Yes sir. SUPERVISOR STROUGH-Chris. CHRIS HARRINGTON, Water Superintendent/Wastewater Director-What I hear tonight, if you're installing a well, you're going to have to have cross connection control too. Like when you use the well and use the pump for water, you have to have an irrigation going back and forth because right now you do not have a well so you don't have to worry about it. But when you do put the well, they're going to share cross connection to the... (inaudible) MR. MACELROY-So, yes Chris. SUPERVISOR STROUGH-Yes, it has to be directed to the Board. MR. HARRINGTON, Water Superintendent/Wastewater Director. COUNSEL SCHACHNER-And commenting, you should identify yourself as well. SUPERVISOR STROUGH-Yes. MR. HARRINGTON, Water Superintendent/Wastewater Director-Chris Harrington, Water Superintendent,just talking about cross connection to offer this property since it's going to have a well. She never had to worry about it before. Once the well is installed she has to make sure of that, she does proper cross connection to our water, you know the drilled well and Shore Colony water supply. SUPERVISOR STROUGH-There was another well installed who was, what feeding system back feeding water back into the system because they didn't have this kind of well? REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 122 COUNCILMAN FREER-That was 22 North. MR. HARRINGTON-No, it was another property that was sending water you know back to the Lake. SUPERVISOR STROUGH-Alright. MR. HARRINGTON-We have to make sure that the people of Shore Colony, the 20 residents there have a well or Lake water they have to make sure that they're putting the proper cross connection control in so that we're protecting public water supply and we're not recycling water unnecessarily. SUPERVISOR STROUGH-Alright. MR. MACELROY-Yes, if that needs to be included in the Resolution, I don't see an issue with that certainly. COUNCILMAN FREER-I don't think it needs be included in this one, does it? I mean she hasn't even put in the well yet. When she puts in the well we send it to Harrington to tell you what you need. I just did it with another Shore Colony client or customer. SUPERVISOR STROUGH-Yes, we can word it that this gizmo thing has to be installed. Alright, I think we all understand what needs to be done. MR. MACELROY-Correct. SUPERVISOR STROUGH-Okay, and so if I didn't, I'll close the public hearing. Any further thoughts? PUBLIC HEARING CLOSED RESOLUTION APPROVING CAROLE HUNT'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.: BOH 74,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS, Carole Hunt (Applicant) filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to install a wastewater replacement system with the: 4. Absorption field to be located 68' from the well in lieu of the required 100' setback; 5. Absorption field to be located 3' from the property line in lieu of the required 10' setback; 6. Absorption field to be located 19' from the foundation in lieu of the required 20' setback; and 7. ETU Tank to be located 7' from the foundation in lieu of the required 10' setback; REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 123 on property located at 15 Sunset Lane in the Town of Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, September 26 h, 2022, 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 3. 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 4. 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 Applicant; and BE IT FURTHER, RESOLVED,that the Local Board of Health hereby approves the application of Carole Hunt for variances from the Sewage Disposal Ordinance to install a wastewater replacement system with the: 1. Absorption field to be located 68' from the well in lieu of the required 100' setback; 2. Absorption field to be located 3' from the property line in lieu of the required 10' setback; 3. Absorption field to be located 19' from the foundation in lieu of the required 20' setback; and 4. ETU Tank to be located 7' from the foundation in lieu of the required 10' setback; on property located at 15 Sunset Lane in the Town of Queensbury and bearing Tax Map No: 226.19- 2-6, and BE IT FURTHER, RESOLVED,that the Enhanced Treatment Unit(ETU) shall be maintained by the property owner in accordance with the manufacturer's recommendations for the life of the system, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 124 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. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone 1.4 Public Hearing- Sewage Disposal Variance Application of Gordon Dineen PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH reviewed the proposed application. TOM CENTER-Tom Center, Hutchins Engineering there was one other one that wasn't mentioned, that's the 1,000 gallons of relief from the holding tank capacity for the two 1,250's instead of the required 3,500 gallons of capacity that was listed on the... COUNCILMAN METIVIER-Why are you doing that? MR. CENTER-Because we had a steep slope that we need to get down the driveway into where you have to do traffic grade tanks, the only location to do this is in the parking area. So we're trying to balance getting in a lighter tank, if you will that is shorter in depth which is a smaller delivery truck to get it in and set it up. So we're not,we're trying to respect the neighbor who poured a new driveway so we're trying to do as little damage as possible to get these tanks in and out. We have a very tight constraint also being deep,the holding,the deeper the hole so we're trying to minimize the disturbance because we are such a small pie shaped lot surrounded by ..... COUNCILMAN METIVIER-The perfect answer. SUPERVISOR STROUGH-Yes, I mean this is a perfect example given the shape, configuration and constraints of the property for holding tanks. This is perfect. It is stated that the, in the first whereas, the capacity will be for 2,500 in lieu of the 3,500 but it wasn't listed below as a variance so Mr. Center, thank you for pointing that out. Okay, and there is a public hearing on this tonight. Questions of the applicant's agent before I open the public hearing? Seeing none, anybody here wish to speak to this application we do have two people? You can both come up at the same time if you wish. Please introduce yourselves to the public before you speak and then feel free to share your thoughts with us. DOUGLAS PETROSKI-Douglas and Deborah Petroski,we are the... SUPERVISOR STROUGH-And your name is. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 125 DOUGLAS PETROSKI-Douglas and Deborah Petroski, our property abuts 51 Fitzgerald Road, a tenth of an acre on the north side. I wanted to ask a question of the Engineer. SUPERVISOR STROUGH-You will ask it of us and we will ask it. MR. PETROSKI-How deep are the tanks buried,the smaller tanks? I didn't realize that they're not buried as deep... Anyway we certainly wish the applicant had more land to allow the septic improvement, improvements he wishes to make with these recommendations. We wish this project didn't have to encroach so closely on us on both sides and to our property line and to the well at 50 feet. However, he doesn't have a great deal of land and we understand that these improvements will be beneficial to Glen Lake. So, we're willing to support the crowdedness of these variances but we do have a request to make the south setback more to the north. That's the one that's only two feet five inches. I think that's unreasonably close to our property line and I don't wish to be there. Now this,these improvements will make this property easier to rent. This property has been rented heavily in the past and is currently rented year round. So we have the same concerns that everyone has these days about Airbnb's and disrupting our life style. The variance requests two 1,250 gallon septic tanks for a total of 2,500 gallons as opposed to the required 3,500 gallons. In Queensbury if it's agreed, I would request that the Board consider reducing the occupancy from three bedrooms. To minimize the need for more frequent pump outs and wear and tear on our property. The property in question, 51 Fitzgerald Road, has a right away through our lands and the only way to get to this land,pie shape property is over our very steep driveway. Lastly, because of the steep situation we have concerns regarding damage from construction equipment for our driveway. We request a pledge that any damage incurred be repaired in expense of the applicant. Thank you. SUPERVISOR STROUGH-Okay,thank you. I will get those questions asked for you. COUNCILMAN MCNULTY-But you do understand sir, the two tanks is a minimum that he's putting and reduced was to save the wear and tear on the road? So I think he is working with you in terms of with an understanding and what you're asking for I don't think it's out of the way. MR. PETROSKI-It would mean more frequent pump outs. COUNCILMAN MCNULTY-But would be less wear on the road. MR. PETROSKI-Correct. But I do ... (inaudible) SUPERVISOR STROUGH-Okay, anybody else? Mr. Center, how deep are the tanks being proposed? MR. CENTER-I believe they're six or seven feet and the larger 2,000 gallon traffic tank will be two feet more approximately plus it's more concrete because you're a little deeper so it's a heavier tank. It's a different style truck that's used to deliver. The 1,250's are more standard and delivered to the most residential homes,especially the traffic rated ones. So, it's probably a couple feet less in height. We had a height issue coming down, we'll need to come down the steep driveway. So having the 1,250 tanks is the shorter more standard tank, easier to get access and lighter in concrete weight. SUPERVISOR STROUGH-And you do have to have risers installed with them to allow access to the tanks. MR. CENTER-Concrete risers with steel pipe. SUPERVISOR STROUGH-Okay. MR. CENTER-In regards to moving it further to the north, we wouldn't take exception to sliding it to the north. That's going to create a variance along the north property line we have ten feet showing. So any distance we slide those tanks to the north reduces the distance to the Petroski's well and produce a, and incur another variance to that north property line. But we wouldn't take any issue to sliding it over to the north whether it needs be, you know two more feet, five feet. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 126 SUPERVISOR STROUGH-Yes, but it brings it closer to the well. MR. CENTER-It brings it closer to the well. I moved it further away from the well. Initially I had it more centered in that area and had variances on either side and when I talked with Mrs. Petroski she was concerned about the closeness to the well that's why I slid it further to the south. So I, we take no issue with it if we want to slide it further to the north. If you want to go over two more feet and go 26 1/2 feet from the Petroskis' well and get four feet off of that south property line, I don't see an issue with doing that. SUPERVISOR STROUGH-We'll see how the Town Board feels about that Mr. Center. MR. CENTER-As far as the damage to the driveway I talked with Mr. Dineen tonight and he said he did speak with the Petroski's and that he would repair any damage to the driveway if there were any during construction so we're aware of that. We had the contractors, we spent an enormous amount of time working with, you know finding the right contractors. We had some gentlemen from the ... construction out there to look at this because it is the first one that I've ever had where a seepage pit is underneath the structure. So we worked with them to see how we are going to do this and we talked about access to the site, coming down and they plan on using plywood to, for the tracks for the tract load to bring it down the driveway to protect as much as possible and also trying to get those ... like we explained when we were out there with the Town Board. We try and keep that five feet away from the edge of the pavement and try to come them a little bit further off when we're excavating so we are not, hopefully we're not undermining the driveway. But if we have to repair it, we'll have to cut and patch it and repair the driveway when it's completed. SUPERVISOR STROUGH-Okay. MR. CENTER-He has no problem working with the neighbors to get that fixed. SUPERVISOR STROUGH-Reduce to two bedrooms? It's currently three bedrooms, the system is designed for three bedrooms. But,then again they asked for a 1,000 gallon variance but I don't know if that's in your prevue. COUNCILMAN MCNULTY-I don't think there'd be a prevue to do that. I mean the owner is working I think getting the limited scale, given the limited space he has and the fact that the system he has now is under his house is leaching into the Lake,this is just a better system for the area. I just have a question if I can of Counsel? SUPERVISOR STROUGH-Yes. COUNCILMAN MCNULTY-Could we put a provision in based on the owner, neighbors' concerns about rentals that the owner acknowledges the Short Term Regulative, Town of Queensbury Short Term Regulation and is limited to a 120 day rentals for the year. That something that's ... TOWN COUNSEL SCHACHNER-It's essentially similar to asking the owner to acknowledge that the speed limit down the Northway is 55 miles an hour. You're asking, imposing to have a condition being, an acknowledgment that there's an existing regulation in the Town of Queensbury. It's.... COUNCILMAN MCNULTY-Not needed. TOWN COUNSEL SCHACHNER-It's,might make you feel good but you know how does the owner acknowledge that? Because of the Resolution? COUNCILMAN MCNULTY-Well in terms of code ... TOWN COUNSEL SCHACHNER-My point being,the regulation exists regardless of whether that's in the Resolution and is not a demonstrably objectively verifiable for the owner to quote,acknowledge the uses of that regulation,that's all I'm saying. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 127 COUNCILMAN MCNULTY-I was just trying to support the Code Enforcement Officer. Now he's got the owner saying, yes I know I can't limit, I can't rent more than a 120 days. But if you didn't think, I know you are apples and oranges, if you think I am mixing the two, we don't have to do a fruit basket. TOWN COUNSEL SCHACHNER-It certainly is a potential feel good condition but it's, this is not the place to do something like that. Of course, if the applicant or property owner doesn't comply with Queensbury Short Term Rental Regulations,there are Enforcement mechanism in Queensbury. COUNCILMAN MCNULTY-Thank you. COUNCILMAN FREER-To John's point, if it's going to be a rental, it's going to mean more trips back and forth over the driveway because you are asking for a 1,000 gallon capacity limitation due to the property limitations, right? So there is, in my mind consideration of reducing that from a rental standpoint because of the first whereas, the 1,000 gallon limitation. That means they're going to be pumping it out more,right? It's going to be more wear and tear. Now it will be mitigated by the fact that they're only supposed to rent it a 120 days instead of year round starting the first of January. So but it's still going to, for a rental it could be more than once a week right,right? I mean 2,500 gallons is quite a bit for a three bedroom. MR. CENTER-It depends on usage, I mean you could have 3,000 gallons and you could have 20 people in there and fill that up in... COUNCILMAN FREER-Well you can't have 20 people,that's MR. CENTER-I mean, you could look at it in a lot of different ways. I mean I don't think, certainly I could have shown this with two 2,000 gallon tanks and not respected the neighbor's, what we're trying to do to get things in there. We certainly could request to get 2,000 gallon tanks in there and repair whatever damage we had. I'm trying to buffer the neighbor's and I think that you know the 120 days does change things up. It's not rented year round as a party house or something like that. Your new laws are coming into effect so that changes it. And I'm not sure that, you know I know that the owner knows he needs to do this if he ever looks to the future to sell this and then he would be losing that one bedroom. When he is trying to comply with the septic regulations by getting a reasonable system on this small piece of property and protect the Lake. COUNCILMAN FREER-The 1,000 gallon waiver is, that's substantial. Mark, did you want to say something? TOWN COUNSEL SCHACHNER-I'm just, I am having trouble following a little bit of the reasoning. There is no circumstance under which we require property to be used on a rental basis so maybe I am missing something. But if the owner that has a family resides in the property 365 days a year then wouldn't the potential exist for the pump outs to be more frequent then under, as opposed to the Short Term Rental for only like summer dates per year? COUNCILMAN FREER-Well my logic is that, say they live there at the other whatever subtraction that is right? TOWN COUNSEL SCHACHENR-Well it's not vacant. COUNCILMAN FREER-Yes, it's not vacant. Because my experience is renters don't have the same discipline when it comes to water usage on average or the trend that somebody who understands they've already got a 1,000 gallon waiver for their capacity in terms of longer showers and you know all that. COUNCILMAN MCNULTY-But we're opening a,tax roll implications too. If we say,you can only use it for two bedrooms,then they should pay taxes on two bedrooms and not on the three bedrooms. So I would not be in favor of limiting the number of bedrooms. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 128 SUPERVISOR STROUGH-I am with you on that one and you know me I like holding tanks. I know where it is and I know where it's not and I know where it is not going. So however, bring Town Counsel to the discussion again, can we, first of all do we need to add that number six at the bottom saying that we're giving them a 1,000 gallon of relief from the Town Code which would normally require a 3,500 gallons? Because it is up in the first whereas anyways. TOWN COUNSEL SCHACHNER-It's also in the second resolve. SUPERVISOR STROUGH-So, I don't think we need to have it. Okay, the other question I have is damage to the Dineen's,to the Petroski's driveway. Can we make it a condition as should any damage occur either through the installation of this, through the installation of this system, that their, the driveway will be repaired to its original state? I don't know. TOWN COUNSEL SCHACHNER-I don't think you want to put the Town in the position of trying to enforce that. Whatever the dispute is, whether there's damage or to what extent there's damage, whether it's caused by this particular activity or not, that would be very, very difficult for the Town to enforce. If you feel strongly about it,you might could possibly consider it as a condition acquiring the applicant to provide an agreement with the adjacent property with respect to maintenance and repairs of the driveway,then it's up to them to agree. If they can't agree then the condition fails. You may not want to empower, you may not want to empower the neighbor that much, that's up to you. But I would not, I don't think we can support it as Town Counsel something that,where the Town is put in a position of trying to enforce and be an arbitrator of an issue of whether the damage occurred, how much damage occurred,whether it's ... from this activity or not. SUPERVISOR STROUGH-Alright, so even if we condition that an agreement would be made between the Dineens and the Petroskis that should the Dineen's installation of the system cause any damage to the Dineen's driveway, to the Petroskis' driveway, that Dineen agrees to repair that and return it to the condition it was before the construction started. So but I don't know, again it gets to me to the point where I already established the current condition. TOWN COUNSEL SCHACHNER-I don't think we should put the Town,that's what I am trying to say, I don't think we should put the Town in that position. COUNCILMAN METIVIER-How about we just leave it out and let them hash it out amongst themselves? SUPERVISOR STROUGH-Alright, so and the other request by the Petroskis to move the tanks north, I'm failing to see the advantage of doing it but Board of Health Members? COUNCILMAN MCNULTY-Well, I would ask the Engineer. Is there an advantage to moving it? MR. CENTER-It's really, in this instance it's the neighbor's request that we would be honoring. COUNCILMAN MCNULTY-Is there any... MR. CENTER-Well it's my understanding from the email I received from John O'Brien from the Code Enforcement Office that there was a concern regarding the Petroski's source main that runs along that property line to the south that I wasn't aware of and that she may be requesting, they may be requesting us to slide it to the north. So in honor of that, a couple of feet the other direction to add that level of protection is more for them than a hazard to us. We're still going to maintain the eight feet from Mr. Dineen's well but it would just be trading off closer to her well, further away from the property line to protect that force main whether excavating for those tanks. We do need a little bit of room in between the tanks because we have to connect the two of them together. We would provide the minimum two feet,that's the closest we can get them together and get that piping in. So it was an opportunity to slide it in that direction, more for their benefit than. It's not a detriment to our project, it's more of a tradeoff for them which direction we go to. Because I almost slid it in that direction to get it further from the well but that was Mrs. Petroski's concern when I was out there originally and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 129 I went this direction knowing two feet, okay, I think we can protect the fence and everything else that's over there when we do these. So I don't see a concern from our standpoint if there's a comfort level from the neighbors to slide it a little bit further to the north. We can honor that request and make that move to the north. SUPERVISOR STROUGH-Alright so you slide it.... COUNCILMAN MCNULTY-John, if I could,just one more ...a follow up sir for me. But based on the neighbor's comments that are part of the public record now, they are in favor of moving the two feet north. Correct sir? But also,there's some engineering about this so that's why, and I don't want to get a conversation because I don't, John doesn't like it when I do that. SUPERVISOR STROUGH-Well Tom,what do you propose? MR. CENTER-How much further off the property? MR. PETROSKI-What's the normal setback ... from the property? SUPERVISOR STROUGH-Well, we can't converse that way so. TOWN COUNSEL SCHACHNER-Question. Unless I'm mistaken, any shifting to the north,which is fine,I mean obviously I have no position on that but would then require a new variance to the north. So if that's the case it sounds like, since you wouldn't be able to make that decision tonight anyway you might want to encourage this dialogue with the applicant and the neighbor,figure out if they want to shift it to the north,that's a new proposal and then revisit this at a subsequent meeting. SUPERVISOR STROUGH-So you think it's substantial enough moving it to two feet? COUNCILMAN FREER-No,you can't create another,the public doesn't know that we're asking for another variance. TOWN COUNSEL SCHACHNER-No, I'm not saying that's something subject to a whole new public notice and the like,but as Councilman Freer said,that's not what was,what's been applied for. It might be a great idea and I just don't see really tonight without knowing for sure exactly how many feet moved. COUNCILMAN MCNULTY-Well, looking at the variance proposed, if we, I mean I'm a student of Long Island math but I can subtract there,two feet I can do. Could we just between one through five if it's moving two feet to the north, can we adjust the numbers in the variance as it is now or does it have to be a separate variance requested? TOWN COUNSEL SCHACHNER-You can adjust the numbers so that from the south property line would change to four feet. COUNCILMAN MCNULTY-Correct. TOWN COUNSEL SCHACHNER-But I don't know,I don't know I guess what it would come from the north property line. COUNCILMAN MCNULTY-And which isn't addressed at this point. TOWN COUNSEL SCHACHNER-That's not in here because ... was proposed and not a part of the variance from the north property line,that's my point. COUNCILMAN MCNULTY-Is that a true statement? SUPERVISOR STROUGH-Yes. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 130 COUNCILMAN MCNULTY-Okay, so we have to go back to them. COUNCILMAN FREER-We can either approve it as it is. COUNCILMAN METIVIER-Or table it. COUNCILMAN FREER-Or table it. SUPERVISOR STROUGH-Or just not act on it. COUNCILMAN FREER-Not act on it. MR. CENTER-Is it possible to table it to the October 3rd meeting and get you something in writing this week? SUPERVISOR STROUGH-Yes. Yes, we'll not table it, we won't act on it. I'll put it back on the agenda for October 3rd. You'll give me the new variances, as much as you can I mean and communicate with the Petroskis on that, okay? MR. CENTER-Yes,we'll do that. SUPERVISOR STROUGH-Okay, thank you. So, we're not acting tonight on the Gordon Dineen, 51 Fitzgerald Road variance request to allow the applicants agent to shift the tanks better to the liking of the neighbor,the Petroskis. TOWN COUNSEL SCHACHNER-At least consider. SUPERVISOR STROUGH-We'll consider. And so the engineer ensured us that he'll have those new figures and communicate with the Petroskis and will take another look at this and continue the public hearing and continue looking at this at our October 3rd Board of Health Meeting. PUBLIC HEARING LEFT OPEN (Councilman Freer temporarily exited meeting room) RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF LORRAINE W. DICKINSON TRUST RESOLUTION NO.: BOH 75,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, the Lorraine W. Dickinson Trust has applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system with the: 1. Absorption field to be located 75' from the shoreline in lieu of the required 100' setback; REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 131 2. Absorption field to be located 1' from the easterly property line in lieu of the required 10' setback; 3. Fuji Clean ETU to be located 4' from the house in lieu of the required 10' setback; 4. Fuji Clean ETU to be located 2.5' from the property line in lieu of the required 10' setback; 5. Grinder Pump to be located 33.5' from the shoreline in lieu of the required 50' setback; 6. Force Main to be located 34' from the shoreline in lieu of the required 50' setback; 7. Force Main to be located 1.5' from the house in lieu of the required 10' setback; 8. Effluent Sewer to be located 6' from the house in lieu of the required 10' setback; 9. Effluent Sewer to be located 5' from the property line in lieu of the required 10' setback; 10. Effluent Pump Station to be located 3' from the house in lieu of the required 10' setback; and 11. Effluent Pump Station to be located 2' from the property line in lieu of the required 10' setback; on property located at 113 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, October 17'', 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to consider the Lorraine W. Dickinson Trust's sewage disposal variance application concerning property located at 113 Rockhurst Road in the Town of Queensbury (Tax Map No.: 227.9-1-7) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Freer, Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL VARIANCE APPLICATION OF CARL AND MICHELE WEINER REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 132 RESOLUTION NO.: BOH 76,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,the Queensbury Town Board serves as the Town's Local Board of Health and is authorized by Town Code Chapter 136 to issue variances from the Town's On-Site Sewage Disposal Ordinance, and WHEREAS, Carl and Michele Weiner have applied to the Local Board of Health for variances from Chapter 136 to install a replacement septic system with the: 1. Absorption field to be located 63' from the shoreline in lieu of the required 100' setback; 2. Absorption field to be located 1' from the westerly property line in lieu of the required 10' setback; 3. Effluent Sewer Line to be located 4' from the westerly property line in lieu of the required 10' setback; and 4. House Sewer Line to be located 4' from the westerly property line in lieu of the required 10' setback; on property located at 114 Rockhurst Road in the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED,that the Town of Queensbury Local Board of Health will hold a public hearing on Monday, October 17'', 2022 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury,to consider Carl and Michele Weiner's sewage disposal variance application concerning property located at 114 Rockhurst Road in the Town of Queensbury(Tax Map No.: 227.9-1-9) and at that time all interested persons will be heard, and BE IT FURTHER, RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors located within 500 feet of the property as required by law. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. McNulty NOES None REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 133 ABSENT: Mr. Freer, Mr. Ferone RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH RESOLUTION NO.: BOH 77,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier RESOLVED, that the Queensbury Board of Health hereby adjourns and enters Regular Session of the Town Board of the Town of Queensbury. Duly adopted this 26 h day of September, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. McNulty NOES: None ABSENT: Mr. Freer, Mr. Ferone (Councilman Freer returned to meeting room) 2.0 PUBLIC HEARINGS 2.1 Public Hearing —2023 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH-Reviewed the District Benefit Tax Roll proposal. There is a public hearing on this tonight. Is there anybody here that wishes to speak to this? Did you say there was a question Tim? COUNCILMAN MCNULTY-Yes, the question from Peter Accardi. Will the tax increase in Glen Lake continue when we do not need to treat which quote,the amount of chemically historically used or if we do not chemically treat for weeds in a given year? Is this slated as a temporary or a permanent increase floor plan? PAUL DERBY-Yes, thank you, my name is Paul Derby, President of Glen Lake Protective Association. I can answer that question. I did want to give a quick state of the Lake and answer questions. Beautiful summer,weather was great, Glen Lake was beautiful. We had excellent control of our aquatic invasive. Best water quality ever 18 plus feet this year and that approaches Lake George water quality. So we're in really good shape. As for the tax increase,the reason it went up from last year is going back to 2021. If you'll recall, if you recall we had a mechanical problem and weren't allowed to treat, we couldn't treat last year so we had to increase the amount of treatment this year which costs more than previously. So to get back to a balance that we try to maintain about 200,000 in case there is something that catastrophic that we need to care of we,the committee advised that we increase to 145. Historically the average has been about 140. We did decrease it last year because we didn't have treatment. SUPERVISOR STROUGH-So going into next year, this is for 2023. MR. DERBY-Correct. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 134 SUPERVISOR STROUGH-Do you predict going into 2024 it's going to stabilize? Or you just play that by year, year by year? MR. DERBY-Yes, historically we've been able to spot treat selected areas every year. Less than five percent of the water body. We found that to be very effective. When we couldn't treat last year we saw a large increase in and we had to go outside of those areas. So it was a larger treatment this year. That's not normal. I don't anticipate that happening in the future. SUPERVISOR STROUGH-So the145 which is being proposed for 2023 is going to stay the same or you'll make those adjustments after next year's analyses? MR.DERBY-So what we do is we look at the budget,how much we're spending so we did both. We have been doing very limited herbicide treatment. Also hand harvesting. So that those costs are, we take out of the budget and then we try to bring it back to whatever it was. I anticipate it would be less next year but I can't guarantee it. SUPERVISOR STROUGH-Okay. Do you see anybody else? I see Peter Accardi. COUNCILMAN MCNULTY-A couple of times. SUPERVISOR STROUGH-I guess he answered his own thing right? His own question. Anybody else present who wants to speak to the Glen Lake Aquatic Growth Control District Benefit Tax Roll and what's being proposed? COUNCILMAN FREER-Since I have Paul here, can I ask him a related question? SUPERVISOR STROUGH-Sure. COUNCILMAN FREER-So I know you're probably aware that the Lake George, well our North Queensbury Wastewater District Number One plans on implementing a five year septic inspection as a regular course of action. That's been sort of aligned and correlated with lake wide, Lake George Park Commission effort to do five year inspections of the critical, environmental area. My thoughts are that it's good enough for Lake George, since you brought up the comparison, I am curious to get a read of how much push back and hate mail we'd get if we made it Town wide versus, on our waterfront residential critical environmental areas? MR. DERBY-I'd personally be in favor of that and certainly would bring it to the membership to get their reactions. I know in the past when we did the tax district, oh actually when the Town Law came around for the transfer, we had suggested that they do some kind of cycle three to five years for everyone. COUNCILMAN FREER-Okay,thank you. MR. DERBY-The only thing would I add and this is a John question. The Glen Lake Advisory Committee now is under the purview of Glen Lake Protective Association so it's a Committee on the Association. SUPERVISOR STROUGH-Okay, thank you. Army other questions? Public? I'll close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN MCNULTY-John,just an admin. Peter walked away during the answer so if you could contact Peter just to share with him an answer. RESOLUTION ADOPTING 2023 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 341, 2022 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 135 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2023 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2023 at the following rate: Glen Lake Aquatic Plant Growth Control Total Amount: $48,480.75 Units: 334.35 Tax Rate/Unit: $ 145. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Ferone 2.2 Public Hearing-2023 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll PUBLICATION DATE: SEPTEMEBER 16,2022 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 136 SUPERVISOR STROUGH-Reviewed the District Benefit Tax Roll proposal. ERIC SAGE-My name is Eric Sage, property 140 Sunnyside North. I'm the President of the Protective Association for Lake Sunnyside. This year we looked at the historical trends of costs and they're going up considerably since the way we were operating. And I got with all the members of the Association,the property owners specifically, as much as possible,trying to determine what's the best way to proceed. In prior years, what we were doing is we maintain a balance of about$75,000 in our account but because of COVID and the economy, we allowed that to decrease to lower than the desired operating levels. Now that COVID is over and we're in the position where,we just spent a big chunk of our budget on treating the lake with Procellacor this year,we need to try and replenish those funds. So what I did was I got with the property owners and we discussed the ... of the lake as well as what we see potential problems with invasive species going forward. And so we made a decision this year to increase the taxes by 25 percent and we're going to look next year to see, you know based on how much money is available and if we need to increase it again or keep it the same. But in all likelihood, it's more provident to keep it at that level. SUPERVISOR STROUGH-Okay, questions for Mr. Sage? There is a public hearing, I'll open the public hearing. Is there any member of the public that wishes to speak to the 2023 Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll which like I said is going up a little bit for next year to 90 dollars and 53 cents per unit? Seeing nobody here. COUNCILMAN MCNULTY-Nothing online. SUPERVISOR STROUGH-Nothing online. Okay, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2023 LAKE SUNNYSIDE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 342, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2023 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 137 RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Lake Sunnyside Aquatic Plant Growth Control District Benefit Tax Roll for 2023 at the following rate: Lake Sunnyside Aquatic Plant Growth Control Total Amount: $15,801.11 Units: 174.54 Tax Rate/Unit: $ 90.530 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone 2.3 Public Hearing-2023 North Queensbury Wastewater Disposal District-Dunham's Bay- Benefit Tax Roll PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH-Reviewed the Benefit Tax Roll proposal. I'll open the public hearing. Anybody here tonight to speak to this? Seeing none, seeing none online,I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING 2023 NORTH QUEENSBURY (DUNHAM'S BAY) WASTEWATER DISPOSAL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 343, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Harrison Freer WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the North Queensbury (Dunham's Bay) Wastewater Disposal District Benefit Tax Roll for 2023 assessing the expense of district improvements of general sanitary sewers located in the North Queensbury Wastewater Disposal District — Dunham's Bay and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 138 WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the North Queensbury (Dunham's Bay) Wastewater Disposal District Benefit Tax Roll for 2023 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: North Queensbury (Dunham's Bay) Wastewater Disposal Total Amount: $ 655 Units: 71 (60 with Buildings; 11 Vacant) Tax Rate/Building Unit: $ 10. Tax Rate/Vacant Unit: $ 5. and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone 2.4 Public Hearing-2023 Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH-Reviewed the Benefit Tax Roll proposal. Is there anybody present that wishes to speak to this? Nobody is online. I don't see anybody online Tim. COUNCILMAN MCNULTY-Yes, I'm on it. SUPERVISOR STROUGH-Okay, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2023 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 139 RESOLUTION NO.: 344, 2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2023 assessing the expense of district improvements of general sanitary sewers located in the Greater Queensbury Consolidated Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Greater Queensbury Consolidated Sanitary Sewer District Benefit Tax Roll for 2023 for payment of public improvement expenses within the District in accordance with New York State Town Law§202 and §202-a at the following rate: Greater Queensbury Consolidated (032) Total Amount: $610,060.12 Units: 20,882.78 Amount/Unit: $ 29.2135 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 140 2.5 Public Hearing-2023 Reservoir Park Sanitary Sewer District Benefit Tax Roll PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH-Reviewed the Benefit Tax Roll proposal. There is a public hearing on this tonight and I'll open the public hearing. Is anybody here to speak to the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2023? Seeing none, I close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ADOPTING RESERVOIR PARK SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2023 RESOLUTION NO.: 345, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2023 assessing the expense of district improvements of general sanitary sewers located in the Reservoir Park Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Reservoir Park Sanitary Sewer District Benefit Tax Roll for 2023 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: Reservoir Park (031) Total Amount: $13,000.00 Units: 25 Amount/Unit: $ 520.00 and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 141 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Metivier, Mr. Freer, Mr. McNulty, Mr. Strough NOES None ABSENT: Mr. Ferone 2.6 Public Hearing-2023 South Queensbury—Queensbury Avenue Sanitary Sewer District Benefit Tax Roll PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH-Reviewed the Benefit Tax Roll proposal. There is a public hearing on this tonight. I'll open the public hearing. Anybody wish to speak to the South Queensbury, Queensbury Avenue Sanitary Sewer District Benefit Tax Roll proposal for 2023? Seeing none, I'll close the public hearing. PUBLIC HEARING CLOSED COUNCILMAN FREER-So just a question. Is this the one that is going away that is part of Hudson Falls and all that stuff? You can just say yes or no. MR. HARRINGTON, Superintendent of Water/Wastewater Director-No. SUPERVISOR STROUGH-It's got to be on the record. Superintendent,Director of Wastewater said no. RESOLUTION ADOPTING SOUTH QUEENSBURY- QUEENSBURY AVENUE SANITARY SEWER DISTRICT BENEFIT TAX ROLL FOR 2023 RESOLUTION NO.: 346, 2022 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,in accordance with New York State Town Law§202 and§202-a,the Queensbury Town Board has prepared the South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2023 assessing the expense of district improvements of general sanitary sewers located in the South Queensbury — Queensbury Avenue Sanitary Sewer District and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS,the Town Clerk posted and published the required Notice of Public Hearing,and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 142 WHEREAS, the Town Board duly conducted a public hearing on Monday, September 26 h, 2022 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the South Queensbury — Queensbury Avenue Sanitary Sewer District Benefit Tax Roll for 2023 for payment of public improvement expenses within the District in accordance with New York State Town Law §202 and §202-a at the following rate: South Queensbury (035) Total Amount: $25,762.00 Units: 1,122.78 Amount/Unit: $ 22.9448 and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s)to the Town. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Freer, Mr. McNulty, Mr. Strough, Mr. Metivier NOES None ABSENT: Mr. Ferone 2.7 Public Hearing-Proposed Local Law No.: of 2022 to Amend Chapter 179"Zoning" of Queensbury Town Code to Add Golf Course as a Permitted Use in the RR-3A Zoning District and to Amend Zoning Map for Tax Map Parcel No.:290.5-1-50.1 and 290.6-1-11 Owned by Par 27,LLC PUBLICATION DATE: SEPTEMBER 16, 2022 SUPERVISOR STROUGH-Reviewed the proposed application. The applicant is here and the applicant's agent is present, agents so I will hand it over to them to give the public a better overview than I did. JOHN LAPPER, ESQ-Good evening everyone. For the record John Lapper with Whitney Russell the applicant and Tom Center the project Engineer. We bid to TOWN COUNSEL SCHACHNER-The other way around. ATTORENY LAPPER-Oh, I appreciate that, I wasn't paying attention. So Whitney owns the Golf Course, the Par 3 Golf Course that's been here for 60 some odd years and he needs to make some improvements but it's now not a Permitted Use. So we came to the Town Board to ask it to be a Permitted Use and with help of the Planning Department this was deemed to be the appropriate way REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 143 to go. The other choice would be to ask for a Use Variance which as we all know are tough standards. So we'd rather have this as a Permitted Use so Whitney can make some improvements. And we've been to the Planning Board and they recommended that you approve this and they also granted a SEQRA Neg Dec so here we are. SUPERVISOR STROUGH-Okay, and Warren County Planning Department approved the proposed zoning changes and that we will go, if acted by the Town Board tonight it will go to the Adirondack Park for their input. So, Park Agency and this also fixes another problem. So we add golf and I'm simplifying a little bit,I should say we're adding Golf Course and/or Country Club as an allowed use in Rural Residential through Site Plan Review. That would make the Queensbury Golf Course legitimate and if they wish to expand it would fix that issue too. So if the Town Board approves this, we do have a public hearing on this, it would allow you to expand at your Par 3 Golf Course. Any questions of the, before I open the public hearing, any questions of the applicant or the agents of the applicant? TOWN COUNSEL SCHACHNER-Comment. SUPERVISOR STROUGH-Yes. TOWN COUNSEL SCHACHNER-Comment. I am pretty sure this, I think you said, this will then go to the Adirondack Park Agency. I believe this has already been to the Adirondack Park Agency and the Adirondack Park Agency I believe has issued its approval which of course would be a condition on this part of the document moving forward. It's already been to the Adirondack Park Agency. SUPERVISOR STROUGH-Oh, and they approved it. COUNSEL SCHACHNER-Correct. SUPERVISOR STROUGH-Okay, alright. ATTORENY LAPPER-Mark is right,we didn't get this ... SUPERVISOR STROUGH-I am reading a dated document then. Okay, then it's been approved by or,we approve it. COUNSEL SCHACHNER-Right, their approval's meaningless if the Town Board doesn't approve it. But the Adirondack Park Agency approved it, possibly a bit out of order but in fact it's already been approved by the Adirondack Park Agency. SUPERVISOR STROUGH-Okay, thank you for bringing that to our attention. Alright, hearing no questions from the Town Board,there is a public hearing,I'll open the public hearing on this proposed zoning change. Seeing no public comment. COUNCILMAN MCNULTY-No. SUPERVISOR STROUGH-Any further Town Board comment? Okay, I'll close the public hearing. PUBLIC HEARING CLOSED RESOLUTION ENACTING LOCALLAW NO.: 10 OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO ADD GOLF COURSE AS A PERMITTED USE IN THE RR-3A ZONING DISTRICT AND TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 290.5-1-50.1 & 290.6-1-11 OWNED BY PAR 27, LLC REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 144 RESOLUTION NO.: 347, 2022 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Timothy McNulty WHEREAS,Par 27,LLC(Par 27) submitted a Petition for Change of Zone application to the Queensbury Town Clerk's Office on or about May 11, 2021 to allow for a change of zoning district designation for parcels identified as Tax Map Nos: 290.5-1-50.1 and 290.6-1-11 from Moderate Density Residential(MDR)to Rural Residential 3 Acre(RR-3A), and WHEREAS, by the same application Par 27 also requested the addition of golf course as a permitted use in the Rural Residential 3 Acre(RR-3A)Zoning District, and WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 10 of 2022 to (1) change the zoning district designation for parcels identified as 290.5-1-50.1 and 290.E-1-11 from Moderate Density Residential(MDR)to Rural Residential 3 Acre(RR-3A)as presented at this Town Board meeting, including a proposed revision to the Town's Zoning Map associated with the Zoning Code (collectively, the "proposed zoning revisions"), and (2) Amend Town Code Chapter 179, Table 2: Summary of Allowed Uses in Residential Districts to allow golf course and/or country clubs as permitted in the Rural Residential Zoning Districts by Site Plan Review approval, and WHEREAS, by Resolution No.: 210, 2022,the Town Board referred the application to the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning changes in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, at its August 25, 2022 meeting, the Planning Board accepted SEQRA Lead Agency status, issued a Negative Declaration and issued a favorable recommendation on the proposed zoning change, and WHEREAS, by Resolution No.: 210, 2022, the Town Board also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on or about May 31, 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, and WHEREAS, by Resolution No.: 333, 2022, the Town Board referred the proposed zoning changes to the Adirondack Park Agency, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 145 WHEREAS, on or about September 20, 2022, the Adirondack Park Agency advised that it reviewed and approved the proposed Zoning Code amendments pursuant to the terms of the Town's Agency-Approved Local Land Use Program, and WHEREAS, on September 26, 2022, the Town Board duly conducted a public hearing concerning proposed Local Law No.: 10 of 2022 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 No.: 10 of 2022 and wishes to consider adoption of Local Law No.: 10 of 2022 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,that the Queensbury Town Board hereby adopts Local Law No.: 10 of 2022 to amend Queensbury Town Code Chapter 179,"Zoning,"entitled,"A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code And To Amend Zoning Map" in the form substantially presented at this meeting to add golf course and/or country clubs as a permitted use in the RR-3A Zoning District and to amend the Town's Zoning Map for Tax Map Nos: 290.5-1-50.1 and 290.6-1-11, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.: 10 of 2022 to the Town Planning 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 further authorizes and directs the Town Clerk to submit approved Local Law No.: 10 of 2022 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. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 146 Duly adopted this 261h day of September, 2022, by the following vote: AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES None ABSENT: Mr. Ferone LOCAL LAW NO.: 10 OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE AND TO AMEND ZONING MAP BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS. SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by amending the official Town Zoning Map to reflect a change of zoning district designation for two(2) parcels located on the south side of Sunnyside Road from Moderate Density Residential (MDR) to Rural Residential 3 Acre(RR-3), such properties bearing the following Tax Map Parcel Numbers: • 290.5-1-50.1 290.6-1-11 SECTION 2. 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 3. Queensbury Town Code Chapter 179, Table 2: Summary of Allowed Uses in Residential Districts is hereby amended as follows: Moderate Land Neighborhood Parkland Rural Waterfront Density Conservation Residential Residential Residential Residential Residential LC-10 PR-10 RR-3A Residential MDR NR WR Use Table LC-42 PR-42 RR-5A Golf course and/or SPR SUP country club SECTION 4. 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, 09-26-2022, MTG#28 147 SECTION 5. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. SECTION 6. This Local Law shall take effect immediately upon filing in the Office of the New York Secretary of State as provided in New York State Municipal Home Rule Law §27. 3.0 PRIVILEGE OF THE FLOOR FOR RESOLUTIONS ONLY(LIMIT-3 MINUTES) NO PUBLIC COMMENT 4.0 RESOLUTIONS RESOLUTION AUTHORIZING SEEKING OF BIDS THROUGH NEW YORK STATE OFFICE OF GENERAL SERVICES PROCUREMENT PROGRAM OR LOCAL BID FOR NEW F250 TRUCK FOR PARKS AND RECREATION DEPARTMENT RESOLUTION NO.: 348,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Town of Queensbury's Director of Parks and Recreation and the Town's Recreation Commission wish to advertise for bids for the purchase of a 2022 or newer F250 truck for the Parks and Recreation Department to replace a year 2011 truck with 106,000 miles (Town Asset No.: 8953), such new truck to be described in bid documents/specifications to be prepared by the Director and/or Town Purchasing Agent, and WHEREAS, the Town wishes to purchase the truck through the New York State Office of General Services Procurement Program or through local bid, and WHEREAS,General Municipal Law§103 requires that the Town advertise for bids and award the bid to the lowest responsible bidder meeting New York State statutory requirements and the requirements set forth in the Town's bidding documents, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Purchasing Agent to provide the specifications for a 2022 or newer F250 truck to the New York State Office of General Services Procurement Program, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 148 RESOLVED, that the Town Board further authorizes and directs the Town Purchasing Agent to publish an advertisement for bids for the truck as described above in the official newspaper for the Town of Queensbury and/or through the New York State Office of General Services Procurement Program, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open,read aloud and record all bids received and present the bids to the next regular or special Town Board meeting. Duly adopted this 26th day of September,2022,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Freer,Mr.McNulty NOES None ABSENT: Mr.Ferone RESOLUTION AUTHORIZING AGREEMENT BETWEEN TOWN OF QUEENSBURY AND ADIRONDACK CIVIC CENTER COALITION, INC. RESOLUTION NO.: 349,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury has received a request for sponsorship and funding from the Adirondack Civic Center Coalition, Inc., whereby the Town would receive a sign for the 2022-2023 season inside the Cool Arena for all events,which would in part promote the Town of Queensbury,City of Glens Falls and their businesses and amenities at various events, such funds to be from Warren County occupancy tax revenues received by the Town, and WHEREAS,such events will help to attract a significant number of people to the Town of Queensbury, City of Glens Falls and the general community, thereby serving as an economic development tool for tourism in Queensbury and the surrounding area, WHEREAS, by Resolution No.: 484,2007, the Queensbury Town Board provided for the Town's receipt of occupancy tax revenues from Warren County in accordance with the Local Tourism Promotion and Convention Development Agreement(Agreement) entered into between the Town and Warren County, and WHEREAS, the Agreement provides that specific expenditure of the funds provided under the Agreement are subject to further Resolution of the Queensbury Town Board, and WHEREAS, the Town Board wishes to provide funding to the Adirondack Civic Center Coalition, Inc.,in the amount of$5,000 for sponsorship with occupancy tax revenues received from Warren County, and WHEREAS, a proposed Agreement has been presented at this meeting, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 149 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the Agreement between the Town and the Adirondack Civic Center Coalition, Inc., substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute the Agreement, with funding for the Agreement not exceeding $5,000 and to be provided by occupancy tax revenues the Town receives from Warren County, to be paid for from Account No.: 050-6410-4412, and BE IT FURTHER, RESOLVED that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and increase appropriations and revenues as necessary as follows: • Revenue Acct No. —050-0000-51113 Occupancy Tax Revenue $5,000; • Expense Acct.No. —050-6410-4412 Use of Occupancy Tax$5,000; and BE IT FURTHER, RESOLVED,that such Agreement is expressly contingent upon the Town Budget Officer confirming that the Town has unallocated occupancy tax funds available from Warren County. Duly adopted this 26th day of September,2022,by the following vote: AYES Mr. Strough,Mr.Metivier,Mr.Freer,Mr.McNulty NOES None ABSENT: Mr.Ferone RESOLUTION AUTHORIZING CLOSURE OF CERTAIN CAPITAL PROJECT FUNDS RESOLUTION NO.: 350, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, in accordance with prior Resolutions,the Queensbury Town Board authorized establishment of certain Capital Project Funds, and WHEREAS, the Town's Accountant has advised that the Projects related to such Capital Project Funds are complete, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 150 WHEREAS, the Town Board wishes to close such Capital Project Funds and transfer any remaining Fund balances to their original funding sources, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Budget Officer to close the following Capital Project Funds and transfer their respective remaining balances as follows: Capital Project Fund Remaining Funds/ Fund to Which Remaining To Be Closed Current Balance Balance Will Be Transferred • 4240 Server Upgrade $ 105.28 Capital Reserve 464 • 4227 Windows 10 Upgrade $ 4,976.45 Capital Reserve 464 • 4222 Laserfiche Upgrade $ 605.62 Capital Reserve 464 • 4213 Fleet Management $ 1,498.78 Capital Reserve 464 • 4229 Garrison Road $17,373.44 Capital Reserve 464 Drainage • 4220 Water Tank Asset $15,458.87 040 Water Management • 4204Incode $ 0 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and/or take any actions that she deems necessary to effectuate such closures and fund transfers, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer and to take such other and further actions as may be necessary to effectuate all terms of this Resolution. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 151 ABSENT: Mr. Ferone RESOLUTION AMENDING RESOLUTION NO.: 317, 2022 TO CORRECT TERM OF FRANCHISE AGREEMENT BETWEEN TOWN OF QUEENSBURY AND SPECTRUM NORTHEAST, LLC, AN INDIRECT SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. RESOLUTION NO.: 351,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,by Resolution No.: 317,2022 the Queensbury Town Board authorized the Cable Television Franchise Renewal Agreement between Spectrum Northeast,LLC an indirect subsidiary of Charter Communications, Inc., and the Town of Queensbury, and WHEREAS, such Resolution incorrectly stated that the Agreement is for a fifteen (15) year term instead of the correct term of eight (8)years and therefore, the Town Board wishes to amend Resolution No. 317, 2022 accordingly, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 317,2022 such that the Queensbury Town Board hereby grants the Cable Television Franchise of Spectrum Northeast, LLC and the Town of Queensbury for eight (8) years commencing with the date of approval by the Public Service Commission and expiring eight(8)years hence, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 317, 2022 in all other respects. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING 2023 RENEWAL CONTRACT FOR EMPIRE MEDIBLUE FREEDOM (PPO) MEDICARE ADVANTAGE INSURANCE REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 152 RESOLUTION NO.: 352, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 WHEREAS, the Town Board, in conjunction with Upstate Agency LLC, has negotiated a renewal contract for the year 2023 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 2023 with Empire MediBlue Freedom(PPO)Medicare Advantage with the 2023 monthly premium to be $351.68 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. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING PURCHASE OF REPLACEMENT ENGINE FOR HIGHWAY DEPARTMENT FROM ALLEGIANCE TRUCKS - SOURCEWELL CONTRACT RESOLUTION NO.: 353, 2022 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 153 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS,the Town of Queensbury's Highway Superintendent has requested Town Board approval to purchase a replacement engine for the Highway Department's 2010 International Single- Axle Plow Truck, and WHEREAS, Allegiance Trucks is a participating member of Sourcewell Contracting and the Highway Superintendent obtained a Sourcewell Quote from Allegiance Trucks for such replacement engine per Sourcewell State Contract ID 4: 101520-NVS for the total amount of $31,600.58, and 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 replacement engine, and WHEREAS,the Town Board wishes to authorize such purchase, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Highway Superintendent's purchase of a replacement engine for the Highway Department's 2010 International Single-Axle Plow Truck from Allegiance Trucks in accordance with Allegiance Trucks Quote per Sourcewell State Contract ID 4: 101520-NVS for the total price of$31,600.58 to be paid for from Account No.: 004-5130-4110, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget and transfer$31,601 from Health Insurance Account No.: 004-9060-8060 to Account No.: 004-5130-4110 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, Highway Superintendent and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 261h day of September, 2022, by the following vote: REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 154 AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION TO AMEND 2022 TOWN BUDGET RESOLUTION NO.: 354,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier 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 2022 Town Budget as follows: To Code Appropriation Code Appropriation $ 001-1990-4400 Contingency 001-3989-4400 P.S. Contract. 100 005-0000-0909 Fund Balance 005-3410-4415-4981 EMS Contracts 405,000 040-9060-8060 Health Ins 040-8320-4300 Electricity 50,000 Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR SALE OR DISPOSAL OF OBSOLETE EQUIPMENT RESOLUTION NO.: 355,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 155 WHEREAS, in accordance with New York State Town Law §64(2), the Queensbury Town Board may authorize the sale of items which are no longer needed by the Town or obsolete, and WHEREAS, the Town's Budget Officer requested that Town Departments advise of any surplus items in their respective Departments and the Town Budget Officer did receive lists of items from various Departments which are considered to be surplus, and WHEREAS, the Budget Officer advised the various Town Departments of the surplus items and did not receive any requests from the Departments for such surplus items and therefore has requested Town Board authorization to sell the surplus items by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, and WHEREAS, the following is the list of surplus items provided by the various Town Departments: Equipment storage shed 42 Highway 8768 2 bay wooden shed Highway 8769 Equipment storage shed 41 Highway 8770 Storage shed Highway 8771 Small garage Cemetery 8780 2 car garage Cemetery 3886 2012 GMC 3500 HD Highway 8975 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of the sale of the surplus items that are no longer needed by the Town or obsolete by using the auction company GovDeals to dispose of such surplus property, or, if deemed unsafe and/or inoperable by the Department Manager(s),to be sold or disposed of as scrap, as follows: Equipment storage shed 42 Highway 8768 2 bay wooden shed Highway 8769 Equipment storage shed 41 Highway 8770 Storage shed Highway 8771 Small garage Cemetery 8780 2 car garage Cemetery 3886 2012 GMC 3500 HD Highway 8975 and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 156 RESOLVED, that the Queensbury Town Board hereby authorizes and engagement of the services of auction company GovDeals to sell/dispose of the surplus item(s) and all Town proceeds from the sales shall be deposited into the appropriate revenue account(s) in accordance with the Queensbury Town Code and New York State Laws, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer and/or Purchasing Agent to accept or reject any bids received online for any online auction bids, and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take such further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING PROMOTION OF TYLER PRESTON FROM LABORER TO MOTOR EQUIPMENT OPERATOR (MEO) IN TOWN HIGHWAY DEPARTMENT RESOLUTION NO.: 356,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury's Highway Superintendent has advised that there is currently a vacancy in the Motor Equipment Operator (MEO) position in the Town Highway Department, and WHEREAS, consistent with the Collective Bargaining Agreement, the Highway Superintendent posted for such position, and WHEREAS, by Resolution No.: 324, 2022, the Town Board authorized the hiring of Tyler Preston as a Laborer within the Department, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 157 WHEREAS, Mr. Preston has requested a promotion to the position, and WHEREAS, the Highway Superintendent recommends that the Town Board authorize the promotion of Mr.Preston from Laborer to MEO as Mr.Preston has met the qualifications and has the required job experience for the position, 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 Tyler Preston from Laborer to Motor Equipment Operator (MEO) in the Town Highway Department effective on or about September 27 h, 2022 at the rate of pay specified in the Town's CSEA Union Agreement for the MEO position, subject to successful completion of the twenty-six (26) week new hire probationary period set forth in Resolution No.: 324, 2022, and any other applicable Civil Service requirements, and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Town Supervisor, Town Highway Superintendent and/or Budget Officer to complete any forms and take any action necessary to effectuate the terms of this Resolution. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION APPOINTING CURRENT ALTERNATE MEMBER NATHAN ETU AS REGULAR MEMBER OF TOWN PLANNING BOARD RESOLUTION NO.: 357, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury previously established the Town's Planning Board in accordance with applicable New York State law, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 158 WHEREAS, by Resolution No.: 213, 2022, the Town Board appointed Nathan Etu as an alternate member of the Planning Board, and WHEREAS, a Planning Board regular member vacancy exists and therefore the Town Board wishes to appoint Mr. Etu to serve as a regular member on the Planning Board, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby appoints current alternate member Nathan Etu to serve as a regular member of the Queensbury Planning Board until such term expires on December 31", 2024. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED EXTENSION#3 TO GREATER QUEENSBURY CONSOLIDATED SANITARY SEWER DISTRICT TO SERVE 1533 QUEENSBURY, LLC PROPERTY RESOLUTION NO.: 358,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Town of Queensbury wishes to extend the Greater Queensbury Consolidated Sanitary Sewer District to serve the 1533 Queensbury, LLC Property (formerly the Comfort Suites Hotel) located on 5.53 acres of land on the west side of New York State Route 9 in the Town of Queensbury, New York (Tax Map No.: 288.8-1-5.2) referred to as the "Property" in accordance with New York Town Law Article 12-A, and WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by Hutchins Engineering, PLLC concerning the proposed Sanitary Sewer District Extension 43 (Extension 43)to connect the proposed Property to the existing Greater Queensbury Consolidated Sanitary Sewer District as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 159 WHEREAS,the Map,Plan and Report delineates the boundaries of the proposed Extension 43, a general plan of the proposed system, a report of the proposed method of operation, all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, if any, and is consistent with, so far as possible, any comprehensive plan for sewers developed and maintained pursuant to General Municipal Law §99-f, and WHEREAS, the property owner has provided Easements required by the Town along with forms TP-584 which will transfer the existing infrastructure and provide an Easement to the property's northern border, and WHEREAS, Part I of a Short Environmental Assessment Form has been prepared and presented at this meeting and the engineer indicates that it is an Unlisted Action and the Action will undergo an Uncoordinated Review, NOW, THEREFORE, IT IS HEREBY ORDERED: 1. The boundaries of the proposed Extension 43 are as set forth in the Map, Plan and Report and as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the westerly bounds of NYS Route 9 at the southeast corner of lands conveyed to 1533 Queensbury,LLC by deed recorded in book 6575 of deeds at page 266; thence running southerly along the westerly bounds of NYS Route 9 along a curve to the right having a radius of 1689.91 feet a distance of 389.64 feet to the southeast corner of said lands of 1533 Queensbury,LLC,being the southeast corner of lands conveyed by County Warren to Thekla B. Howe et. al. by deed dated May 17, 1940 in book 215 of deeds at page 146;thence running along the southerly bounds thereof, North 83 degrees, 03 minutes and 04 seconds West, a distance of 48.67 feet to an iron rod found in the ground for a corner at the northeast corner of lands of North High Realty Holdings, Inc. thence continuing along said lands of North High Realty,Inc.,North 83 degrees, 03 minutes and 04 seconds West,passing over an iron pipe found in the ground for a corner at the northwesterly corner thereof, also at the northeasterly corner of lands of Lumberjack Pass Amusements, LLC, a total distance of 611.92 feet to the northwest corner of said Lumberjack Pass Amusements,LLC in the easterly bounds of Interstate Route 87,The Adirondack Northway; thence running along the same,the following three courses and distances: (1) North 21 degrees, 32 minutes and 56 seconds East, a distance of 121.66 feet; (2) North 15 degrees, 22 minutes and 58 seconds East, a distance of 159.97 feet; (3) North 14 degrees, 37 minutes and 10 seconds East, a distance of 107.98 feet to the southwest corner of said lands of George and Marilyn Stark; thence running South 83 degrees, 36 minutes and 43 seconds East, along said lands a distance of 584.65 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 160 feet to the point and place of beginning, containing 5.53 acres of land to be the same more or less. Bearings given in the above distance refer to magnetic North. 2. The Property is currently connected to the Greater Queensbury Consolidated Sanitary Sewer District and has been receiving service from the Sewer District as an"out of district user." This existing connection consists of 800 lineal feet of 8"diameter gravity sewer and 4 sewer manholes installed along the west side of Route 9 in the highway right-of-way. 3. The facilities for this Extension 43 are existing and will be turned over to the Town of Queensbury for inclusion in the Greater Queensbury Consolidated Sanitary Sewer District. The existing sewer lateral running from the existing hotel to the northernmost manhole on Route 9 will continue to be owned and maintained by 1533 Queensbury, LLC. The formation of Extension 43 will not require the construction of any new facilities. Therefore, there are no capital costs associated with this Extension 43 and there will be no cost to the Town. 4. The estimated annual cost of the Extension 43 to the developed parcel would be calculated as detailed in the Map, Plan and Report filed in the Town Clerk's Office and also available on the Town of Queensbury Website: w.w.w..queensbury a. There is no "typical property" which is a one or two family home in such proposed District as the one commercial lot/subject property is the only property in this Extension 43 and the "typical property." The cost of operation and maintenance would include the costs to operate, maintain, and supply the sewer system and is reflected in sewer rent charges. The annual cost associated with municipal sanitary sewer service has two components, a"benefit tax" and a "user fee," as follows: Benefit Tax: An annual tax is levied by the Town of Queensbury on all property within the Greater Queensbury Consolidated Sanitary Sewer District. The tax is calculated by multiplying the prevailing tax rate by the assessment units. Each type and size of property has a corresponding unit value determined by the Town. The current District tax rate is $23.25 per unit. For the former Comfort Suites Hotel, the developed parcel would be designated Class F, occupied commercial, and assessed 6 units per acre. An additional component to the Benefit Tax is the water consumption component which is assessed at a rate of 1.5 units per 120 gallons per day based on water consumption. Based upon a total lot size of 5.53 acres and an average water use of 7,389 gpd, the annual benefit tax, based on current fee rates would be 125.54 units. The total benefit tax cost based on 2021 rate per unit would be $2,919. Sewer User Fee (based on water consumption): The Town of Queensbury also collects quarterly user fees from all property owners serviced by the District. The user fee represents a usage charged based on metered water consumption. For commercial classification the current use fee is: $7.00 per 1,000 gallons. For this commercial establishment in the proposed Extension 43 based on the facilities actual use rate of 7,389 gallons per day, the quarterly use fee would be approximately $4,720 per quarter or $18,879 per year. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 161 The total annual cost for the Extension 43 is therefore $21,798. The Property is the only property in this Extension 43 so it is the mode/typical property. 5. The previous developer of the Property paid all costs of the improvements including the one-time buy-in cost and Town connection fee, so there will be no financing required by the Town on behalf of the District or otherwise. 6. A detailed explanation of how the estimated costs of the Extension 43 were computed is included in the Map,Plan and Report which has been filed with the Queensbury Town Clerk and is available for public inspection. 7. The facilities for this Extension 43 have already been constructed and installed as specifically delineated in the Map, Plan and Report and in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 8. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, October 17'', 2022 to consider the Map, Plan and Report and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law §209-d, and complete or arrange for the securing of two(2)Affidavits of Publication of Notice and two(2)Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. 10. The Town Board hereby declares that this action is an Unlisted Action pursuant to 6 NYCRR 617 et. seq., and will perform uncoordinated review of this Project. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 162 JP GROSS PROPERTIES LLC'S PETITION FOR CHANGE OF ZONE TO QUEENSBURY PLANNING BOARD RESOLUTION NO.: 359, 2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, JP Gross Properties LLC, LLC (JPGP) submitted a zoning change application to the Queensbury Town Clerk's Office on or about August 17, 2022 to allow for a change of zoning district designation for a portion of a parcel identified as Tax Map No: 309.17-1-3 from Waterfront Residential (WR) to Commercial Light Industrial (CLI), and WHEREAS, JPGP has also submitted an application to the Planning Board for Site Plan Review approval to construct a storage area on said parcel portion to support the adjacent business, and WHEREAS, the application has been reviewed by the Town's Senior Planner and deemed complete for purposes of review, and WHEREAS, applications for zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Town Board will review the application and take such other actions as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board seek Lead Agency status for SEQRA review of the proposed zoning change and Site Plan Review approvals requested by JPGP as delineated in the preambles of this Resolution, and BE IT FURTHER, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 163 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to forward GWA's application received by the Town Clerk's Office on or about August 17, 2022 to the Queensbury Planning Board for review, report and recommendation on the proposed zoning change, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to submit the application to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation 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. Duly adopted this 26 h day of September, 2022 by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION APPROVING RE-PURCHASE OF CEMETERY LOT IN PINE VIEW CEMETERY FROM JOANNE WILSON RESOLUTION NO.: 360,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS,the Town of Queensbury Cemetery Commission previously sold a cemetery lot in the Pine View Cemetery to Joanne Wilson—Mohican Plot, Lot No.: 39-F, and WHEREAS,Ms. Wilson 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, REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 164 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 Joanne Wilson — Mohican Plot, Lot No.: 39-F for the amount of$333.34, 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. Wilson 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. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr.Ferone RESOLUTION APPROVING AUDIT OF BILLS -WARRANT: 09272022 RESOLUTION NO.: 361,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to approve an audit of bills presented as Warrant: 09272022 with a run date of 09/22/2022 and a payment date of 09/27/2022, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the audit of bills presented as Warrant: 09272022 with a run date of 09/22/2022 and a payment date of 09/27/2022 totaling $469,541.04, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 165 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. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT : Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO PURCHASE AMBULANCE AND USE TAX-EXEMPT FINANCING RESOLUTION NO.: 362,2022 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution No.: 46, 2020 the Town Board authorized the Squad to purchase an ambulance but the Squad did not end up purchasing such ambulance due to COVID- 19 related delays in manufacturing, and WHEREAS, the Squad has advised the Town Board that it now wishes to sell its 2016 ambulance 711 for fair market value and purchase a 2022 Chevy K-3500 Chassis Ambulance at a purchase price not to exceed $186,998, and REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 166 WHEREAS, the Ambulance will be owned and used by the Squad to provide general emergency ambulance services to the Town and maintained at the Squad's building located at 86 Luzerne Road in the Town of Queensbury, New York, and WHEREAS,the Squad plans on paying for the proposed, new Ambulance by using: 1. $ 51,998—cash down-payment from its current budget(including proceeds from the fair market value sale of its 2016 Ambulance); and 2. $ 135,000 maximum amount of financing at a tax-exempt interest rate of 4.3% fixed for 60 months with the Adirondack Trust Company; and WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed purchase, as Town Board approval of such proposed purchase is required by the Squad's Agreement with the Town, and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning West Glens Falls Emergency Squad Inc.'s proposed Ambulance purchase delineated in the preambles of this Resolution and the financing of such proposed purchase using tax-exempt financing, on Monday, October 17'', 2022 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone RESOLUTION SETTING PUBLIC HEARING ON WEST GLENS FALLS EMERGENCY SQUAD, INC.'S PROPOSAL TO REFINANCE ITS SQUAD BUILDING BY USE OF TAX-EXEMPT FINANCING RESOLUTION NO.: 363,2022 REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 167 INTRODUCED BY: Mr. Timothy McNulty WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, in accordance with New York State Public Health Law Article 30,the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad) have entered into an Agreement for general emergency ambulance services within the Town,which Agreement sets forth a number of terms and conditions, including a condition that the Squad will not purchase or enter into any binding contract to purchase any piece of apparatus, equipment, vehicles, real property, or make any improvements that would require the Squad to acquire a loan or mortgage without prior approval of the Queensbury Town Board, and WHEREAS, by Resolution No.: 213, 2021,the Town Board authorized the Squad to refinance its Squad Building but the Squad subsequently did not refinance, and WHEREAS,the Squad has advised the Town Board that it now wishes to renew its interest rate for the final five (5) years of its 20 year commercial loan (building mortgage), and WHEREAS, the proposed new mortgage/commercial loan financing not to exceed the amount of $546,000 is at a tax-exempt interest rate of 4.3% fixed for 60 months with the Adirondack Trust Company such renewed interest financing to occur with principal and interest used to pay the loan in full by year-end 2027, and WHEREAS,the Town Board wishes to set a public hearing concerning the Squad's proposed building refinancing as Town Board approval of such proposed refinancing is required by the Squad's Agreement with the Town and such proposed tax-exempt financing requires a public hearing under the Internal Revenue Code, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall conduct a public hearing concerning West Glens Falls Emergency Squad Inc.'s proposed building refinancing delineated in the preambles of this Resolution and the Squad's proposed use of tax-exempt financing, on Monday, October 17'', 2022 at 7:00 p.m., and BE IT FURTHER, RESOLVED,that the Town Board hereby authorizes and directs the Queensbury Town Clerk to publish a Notice of Public Hearing in the Post-Star Newspaper once at least fourteen (14) days prior to the Public Hearing. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 168 Duly adopted this 26 h day of September, 2022, by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES None ABSENT: Mr. Ferone 5.0 CORRESPONDENCE DEPTUTY TOWN CLERK RATHBUN-We are in receipt of the Tentative 2023 Budget on file in the Town Clerk's Office. 6.0 PRIVILEGE OF THE FLOOR(LIMIT 4-MINUTES) NO PUBLIC COMMENT 7.0 TOWN BOARD DISCUSSIONS COUNCILMAN METIVIER(WARD 1) -Nothing to Report COUNCILMAN FREER(WARD II) • Referred to sewer variances and the need to do the best we can with disposal fields. I want to make sure we are aware of this as we push that boundary from anywhere close to 75 feet and we get our warning up there. COUNCILMAN MCNULTY(WARD IV)—Nothing to Report SUPERVISOR STROUGH • Attended Chapman Museum membership drive luncheon at the Queensbury Hotel. The presentation was "Great Camps of the Gilded Age: The Elite Adirondack Experience". Thanked Maureen Folk for the great presentation. • Attended Gala fundraiser at The Hyde Museum. • Attended storm water improvement tour with the NYS Water Quality Committee for Orchard Street, Webster Avenue, Crandall Park and Murray Street. • Attended play "First Night"at the Lake George Dinner Theatre. • The LGA commends the State for supporting the newly proposed Lake George Wastewater regulations proposed by the Lake George Park Commission. • We are number two in the best Towns for Fall Foliage. • Attended the ribbon cutting for Brookfield Renewable and announced they're bringing 50 new jobs to the area from Massachusetts. • Thanked Marylee Gosline of our Beautification Committee for her work and announced the following Beautification Committee Awardees of this year's Appreciation for Beautification: o Ronald Davies- 1 Mannis Road o Anatolie and Ludmila Goncear- 9 Glenwood Avenue o Courtney Burch-2 Sylvan Avenue o Daniel and Carolyn Green- 131 West Mountain Road o Johnny Rockets- 89 Six Flags Drive o Stewart's-402 Bay Road • Thanked the audience, the public for attending, Joel Barlow from Look TV, Town Counsel Mark Schachner, Town Clerk Caroline Barber, Deputy Town Clerk Colleen Rathbun, and Town Board. REGULAR TOWN BOARD MEETING, 09-26-2022, MTG#28 169 RESOLUTION ADJOURNING REGULAR TOWN BOARD MEETING RESOLUTION NO.: 364,2022 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Harrison Freer RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Regular Town Board Meeting. Duly adopted this 26 h day of September, 2022, by the following vote: AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty NOES: None ABSENT: Mr. Ferone RESPECTFULLY SUBMITTED, CAROLINE H. BARBER,RMC TOWN CLERK TOWN OF QUEENSBURY MINUTES PREPARED BY COLLEEN RATHBUN, DEPUTY TOWN CLERK I